State of Illinois
91st General Assembly
Legislation

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91_HB2571

 
                                               LRB9105953NTsb

 1        AN ACT to amend  the  School  Code  by  changing  Section
 2    14-15.01.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.   The  School  Code  is  amended  by  changing
 6    Section 14-15.01 as follows:

 7        (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
 8        Sec.   14-15.01.  Community   and   Residential  Services
 9    Authority.
10        (a) (1)  The Community and Residential Services Authority
11    is hereby created and shall consist of the following members:
12        A representative of the State Board of Education;
13        Three  representatives  of  the   Department   of   Human
14    Services;
15        A representative of the Department of Children and Family
16    Services;
17        A representative of the Department of Public Health;
18        A representative of the Department of Corrections;
19        A representative of the Department of Public Aid;
20        A  representative  of  the Attorney  General's Disability
21    Rights Advocacy Division;
22        The Chairperson and Minority Spokesperson  of  the  House
23    and  Senate  Committees on Elementary and Secondary Education
24    or their designees; and
25        Six persons appointed by the Governor.  Five of the  such
26    appointees  shall be experienced or knowledgeable relative to
27    provision  of  services  for  individuals  with  a   behavior
28    disorder  or a severe emotional disturbance and shall include
29    representatives of  both  the  private  and  public  sectors,
30    except  that no more than 2 of those 5 appointees may be from
31    the public sector and  at  least  2  must  be  or  have  been
 
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 1    directly   involved   in   provision   of  services  to  such
 2    individuals.  The remaining member appointed by the  Governor
 3    shall  be or shall have been a parent of an individual with a
 4    behavior disorder or a severe emotional disturbance, and that
 5    appointee may be  from  either  the  private  or  the  public
 6    sector.
 7        (2)  Members appointed by the Governor shall be appointed
 8    for  terms of 4 years and shall continue to serve until their
 9    respective successors are appointed; provided that the  terms
10    of  the  original  appointees shall expire on August 1, 1990,
11    and the term of the additional member  appointed  under  this
12    amendatory  Act  of  1992 shall commence upon the appointment
13    and expire August 1, 1994.  Any vacancy in the  office  of  a
14    member   appointed   by  the  Governor  shall  be  filled  by
15    appointment of the Governor for the remainder of the term.
16        A vacancy in the office of  a  member  appointed  by  the
17    Governor  exists  when  one  or  more of the following events
18    occur:
19             (i)  An appointee dies;
20             (ii)  An appointee files a written resignation  with
21        the Governor;
22             (iii)  An appointee ceases to be a legal resident of
23        the State of Illinois; or
24             (iv)  An  appointee  fails  to  attend a majority of
25        regularly scheduled Authority meetings in a fiscal year.
26        Members who are representatives of an agency shall  serve
27    at  the will of the agency head.  Membership on the Authority
28    shall cease immediately upon cessation of  their  affiliation
29    with  the  agency.  If such a vacancy occurs, the appropriate
30    agency head shall appoint another  person  to  represent  the
31    agency.
32        If  a  legislative  member  of the Authority ceases to be
33    Chairperson  or  Minority  Spokesperson  of  the   designated
34    Committees,  they  shall  automatically  be  replaced  on the
 
                            -3-                LRB9105953NTsb
 1    Authority  by  the  person  who  assumes  the   position   of
 2    Chairperson or Minority Spokesperson.
 3        (b)  The  Community  and  Residential  Services Authority
 4    shall have the following powers and duties:
 5             (1)  To conduct surveys to determine the  extent  of
 6        need,  the  degree  to which documented need is currently
 7        being met and feasible  alternatives  for  matching  need
 8        with resources.
 9             (2)  To  develop  policy  statements for interagency
10        cooperation to cover all  aspects  of  service  delivery,
11        including  laws,  regulations  and  procedures, and clear
12        guidelines for determining responsibility at all times.
13             (3)  To  recommend  policy  statements  and  provide
14        information regarding effective programs for delivery  of
15        services to all individuals with a behavior disorder or a
16        severe   emotional   disturbance  in  public  or  private
17        situations.
18             (4)  To review the criteria for service eligibility,
19        provision   and   availability   established    by    the
20        governmental  agencies represented on this Authority, and
21        to recommend changes,  additions  or  deletions  to  such
22        criteria.
23             (5)  To  develop  and  submit  to  the Governor, the
24        General  Assembly,  the   Directors   of   the   agencies
25        represented  on  the  Authority,  and  the State Board of
26        Education a master plan for individuals with  a  behavior
27        disorder  or  a  severe  emotional disturbance, including
28        detailed plans of service ranging from the least  to  the
29        most   restrictive   options;   and   to   assist   local
30        communities, upon request, in developing or strengthening
31        collaborative interagency networks.
32             (6)  To  develop a process for making determinations
33        in situations where there is a dispute relative to a plan
34        of service for individuals  or  funding  for  a  plan  of
 
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 1        service.
 2             (7)  To  provide  technical  assistance  to parents,
 3        service consumers, providers, and member agency personnel
 4        regarding statutory responsibilities of human service and
 5        educational agencies, and to provide such  assistance  as
 6        deemed necessary to appropriately access needed services.
 7        (c) (1)  The  members  of  the Authority shall receive no
 8    compensation for their services  but  shall  be  entitled  to
 9    reimbursement   of   reasonable   expenses   incurred   while
10    performing their duties.
11        (2)  The  Authority  may  appoint special study groups to
12    operate under the direction  of  the  Authority  and  persons
13    appointed  to such groups shall receive only reimbursement of
14    reasonable expenses incurred  in  the  performance  of  their
15    duties.
16        (3)  The  Authority  shall  elect  from  its membership a
17    chairperson, vice-chairperson and secretary.
18        (4)  The Authority may employ and fix the compensation of
19    such employees and technical assistants as it deems necessary
20    to carry out its powers and duties  under  this  Act.   Staff
21    assistance  for  the Authority shall be provided by the State
22    Board of Education.
23        (5)  Funds for the ordinary and  contingent  expenses  of
24    the  Authority  shall  be  appropriated to the State Board of
25    Education in a separate line item.
26        (d) (1)  The Authority shall  have  power  to  promulgate
27    rules  and  regulations  to  carry  out its powers and duties
28    under this Act.
29        (2)  The Authority may accept monetary  gifts  or  grants
30    from  the  federal government or any agency thereof, from any
31    charitable foundation or professional association or from any
32    other reputable source  for  implementation  of  any  program
33    necessary  or  desirable  to  the carrying out of the general
34    purposes of the Authority.  Such gifts and grants may be held
 
                            -5-                LRB9105953NTsb
 1    in trust by the Authority and expended in the exercise of its
 2    powers and performance of its duties as prescribed by law.
 3        (3)  The Authority shall submit an annual report  of  its
 4    activities  and  expenditures  to  the  Governor, the General
 5    Assembly,  the  directors  of  agencies  represented  on  the
 6    Authority, and the State Superintendent of Education.
 7    (Source: P.A.  89-21,  eff.  7-1-95;  89-507,  eff.   7-1-97;
 8    90-566, eff. 1-2-98.)

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