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92_HB5700eng HB5700 Engrossed LRB9213829NTpk 1 AN ACT with regard to education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 14-15.01 as follows: 6 (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01) 7 Sec. 14-15.01. Community and Residential Services 8 Authority. 9 (a) (1) The Community and Residential Services Authority 10 is hereby created and shall consist of the following members: 11 A representative of the State Board of Education; 12 FourThreerepresentatives of the Department of Human 13 Services, with one member from the Division of Community 14 Health and Prevention, one member from the Office of 15 Developmental Disabilities of the Division of Disability and 16 Behavioral Health Services, one member from the Office of 17 Mental Health of the Division of Disability and Behavioral 18 Health Services, and one member of the Office of 19 Rehabilitation Services of the Division of Disability and 20 Behavioral Health Services; 21 A representative of the Department of Children and Family 22 Services; 23A representative of the Department of Public Health;24 A representative of the Department of Corrections; 25 A representative of the Department of Public Aid; 26 A representative of the Attorney General's Disability 27 Rights Advocacy Division; 28 The Chairperson and Minority Spokesperson of the House 29 and Senate Committees on Elementary and Secondary Education 30 or their designees; and 31 Six persons appointed by the Governor. Five of such HB5700 Engrossed -2- LRB9213829NTpk 1 appointees shall be experienced or knowledgeable relative to 2 provision of services for individuals with a behavior 3 disorder or a severe emotional disturbance and shall include 4 representatives of both the private and public sectors, 5 except that no more than 2 of those 5 appointees may be from 6 the public sector and at least 2 must be or have been 7 directly involved in provision of services to such 8 individuals. The remaining member appointed by the Governor 9 shall be or shall have been a parent of an individual with a 10 behavior disorder or a severe emotional disturbance, and that 11 appointee may be from either the private or the public 12 sector. 13 (2) Members appointed by the Governor shall be appointed 14 for terms of 4 years and shall continue to serve until their 15 respective successors are appointed; provided that the terms 16 of the original appointees shall expire on August 1, 1990, 17 and the term of the additional member appointed under this 18 amendatory Act of 1992 shall commence upon the appointment 19 and expire August 1, 1994. Any vacancy in the office of a 20 member appointed by the Governor shall be filled by 21 appointment of the Governor for the remainder of the term. 22 A vacancy in the office of a member appointed by the 23 Governor exists when one or more of the following events 24 occur: 25 (i) An appointee dies; 26 (ii) An appointee files a written resignation with 27 the Governor; 28 (iii) An appointee ceases to be a legal resident of 29 the State of Illinois; or 30 (iv) An appointee fails to attend a majority of 31 regularly scheduled Authority meetings in a fiscal year. 32 Members who are representatives of an agency shall serve 33 at the will of the agency head. Membership on the Authority 34 shall cease immediately upon cessation of their affiliation HB5700 Engrossed -3- LRB9213829NTpk 1 with the agency. If such a vacancy occurs, the appropriate 2 agency head shall appoint another person to represent the 3 agency. 4 If a legislative member of the Authority ceases to be 5 Chairperson or Minority Spokesperson of the designated 6 Committees, they shall automatically be replaced on the 7 Authority by the person who assumes the position of 8 Chairperson or Minority Spokesperson. 9 (b) The Community and Residential Services Authority 10 shall have the following powers and duties: 11 (1) To conduct surveys to determine the extent of 12 need, the degree to which documented need is currently 13 being met and feasible alternatives for matching need 14 with resources. 15 (2) To develop policy statements for interagency 16 cooperation to cover all aspects of service delivery, 17 including laws, regulations and procedures, and clear 18 guidelines for determining responsibility at all times. 19 (3) To recommend policy statements and provide 20 information regarding effective programs for delivery of 21 services to all individuals under 22 years of age with a 22 behavior disorder or a severe emotional disturbance in 23 public or private situations. 24 (4) To review the criteria for service eligibility, 25 provision and availability established by the 26 governmental agencies represented on this Authority, and 27 to recommend changes, additions or deletions to such 28 criteria. 29 (5) To develop and submit to the Governor, the 30 General Assembly, the Directors of the agencies 31 represented on the Authority, and the State Board of 32 Education a master plan for individuals under 22 years of 33 age with a behavior disorder or a severe emotional 34 disturbance, including detailed plans of service ranging HB5700 Engrossed -4- LRB9213829NTpk 1 from the least to the most restrictive options; and to 2 assist local communities, upon request, in developing or 3 strengthening collaborative interagency networks. 4 (6) To develop a process for making determinations 5 in situations where there is a dispute relative to a plan 6 of service for individuals or funding for a plan of 7 service. 8 (7) To provide technical assistance to parents, 9 service consumers, providers, and member agency personnel 10 regarding statutory responsibilities of human service and 11 educational agencies, and to provide such assistance as 12 deemed necessary to appropriately access needed services. 13 (c) (1) The members of the Authority shall receive no 14 compensation for their services but shall be entitled to 15 reimbursement of reasonable expenses incurred while 16 performing their duties. 17 (2) The Authority may appoint special study groups to 18 operate under the direction of the Authority and persons 19 appointed to such groups shall receive only reimbursement of 20 reasonable expenses incurred in the performance of their 21 duties. 22 (3) The Authority shall elect from its membership a 23 chairperson, vice-chairperson and secretary. 24 (4) The Authority may employ and fix the compensation of 25 such employees and technical assistants as it deems necessary 26 to carry out its powers and duties under this Act. Staff 27 assistance for the Authority shall be provided by the State 28 Board of Education. 29 (5) Funds for the ordinary and contingent expenses of 30 the Authority shall be appropriated to the State Board of 31 Education in a separate line item. 32 (d) (1) The Authority shall have power to promulgate 33 rules and regulations to carry out its powers and duties 34 under this Act. HB5700 Engrossed -5- LRB9213829NTpk 1 (2) The Authority may accept monetary gifts or grants 2 from the federal government or any agency thereof, from any 3 charitable foundation or professional association or from any 4 other reputable source for implementation of any program 5 necessary or desirable to the carrying out of the general 6 purposes of the Authority. Such gifts and grants may be held 7 in trust by the Authority and expended in the exercise of its 8 powers and performance of its duties as prescribed by law. 9 (3) The Authority shall submit an annual report of its 10 activities and expenditures to the Governor, the General 11 Assembly, the directors of agencies represented on the 12 Authority, and the State Superintendent of Education. 13 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97; 14 90-566, eff. 1-2-98.)