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Public Act 92-0632
HB5700 Enrolled LRB9213829NTpk
AN ACT with regard to education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 14-15.01 as follows:
(105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
Sec. 14-15.01. Community and Residential Services
Authority.
(a) (1) The Community and Residential Services Authority
is hereby created and shall consist of the following members:
A representative of the State Board of Education;
Four Three representatives of the Department of Human
Services, with one member from the Division of Community
Health and Prevention, one member from the Office of
Developmental Disabilities of the Division of Disability and
Behavioral Health Services, one member from the Office of
Mental Health of the Division of Disability and Behavioral
Health Services, and one member of the Office of
Rehabilitation Services of the Division of Disability and
Behavioral Health Services;
A representative of the Department of Children and Family
Services;
A representative of the Department of Public Health;
A representative of the Department of Corrections;
A representative of the Department of Public Aid;
A representative of the Attorney General's Disability
Rights Advocacy Division;
The Chairperson and Minority Spokesperson of the House
and Senate Committees on Elementary and Secondary Education
or their designees; and
Six persons appointed by the Governor. Five of such
appointees shall be experienced or knowledgeable relative to
provision of services for individuals with a behavior
disorder or a severe emotional disturbance and shall include
representatives of both the private and public sectors,
except that no more than 2 of those 5 appointees may be from
the public sector and at least 2 must be or have been
directly involved in provision of services to such
individuals. The remaining member appointed by the Governor
shall be or shall have been a parent of an individual with a
behavior disorder or a severe emotional disturbance, and that
appointee may be from either the private or the public
sector.
(2) Members appointed by the Governor shall be appointed
for terms of 4 years and shall continue to serve until their
respective successors are appointed; provided that the terms
of the original appointees shall expire on August 1, 1990,
and the term of the additional member appointed under this
amendatory Act of 1992 shall commence upon the appointment
and expire August 1, 1994. Any vacancy in the office of a
member appointed by the Governor shall be filled by
appointment of the Governor for the remainder of the term.
A vacancy in the office of a member appointed by the
Governor exists when one or more of the following events
occur:
(i) An appointee dies;
(ii) An appointee files a written resignation with
the Governor;
(iii) An appointee ceases to be a legal resident of
the State of Illinois; or
(iv) An appointee fails to attend a majority of
regularly scheduled Authority meetings in a fiscal year.
Members who are representatives of an agency shall serve
at the will of the agency head. Membership on the Authority
shall cease immediately upon cessation of their affiliation
with the agency. If such a vacancy occurs, the appropriate
agency head shall appoint another person to represent the
agency.
If a legislative member of the Authority ceases to be
Chairperson or Minority Spokesperson of the designated
Committees, they shall automatically be replaced on the
Authority by the person who assumes the position of
Chairperson or Minority Spokesperson.
(b) The Community and Residential Services Authority
shall have the following powers and duties:
(1) To conduct surveys to determine the extent of
need, the degree to which documented need is currently
being met and feasible alternatives for matching need
with resources.
(2) To develop policy statements for interagency
cooperation to cover all aspects of service delivery,
including laws, regulations and procedures, and clear
guidelines for determining responsibility at all times.
(3) To recommend policy statements and provide
information regarding effective programs for delivery of
services to all individuals under 22 years of age with a
behavior disorder or a severe emotional disturbance in
public or private situations.
(4) To review the criteria for service eligibility,
provision and availability established by the
governmental agencies represented on this Authority, and
to recommend changes, additions or deletions to such
criteria.
(5) To develop and submit to the Governor, the
General Assembly, the Directors of the agencies
represented on the Authority, and the State Board of
Education a master plan for individuals under 22 years of
age with a behavior disorder or a severe emotional
disturbance, including detailed plans of service ranging
from the least to the most restrictive options; and to
assist local communities, upon request, in developing or
strengthening collaborative interagency networks.
(6) To develop a process for making determinations
in situations where there is a dispute relative to a plan
of service for individuals or funding for a plan of
service.
(7) To provide technical assistance to parents,
service consumers, providers, and member agency personnel
regarding statutory responsibilities of human service and
educational agencies, and to provide such assistance as
deemed necessary to appropriately access needed services.
(c) (1) The members of the Authority shall receive no
compensation for their services but shall be entitled to
reimbursement of reasonable expenses incurred while
performing their duties.
(2) The Authority may appoint special study groups to
operate under the direction of the Authority and persons
appointed to such groups shall receive only reimbursement of
reasonable expenses incurred in the performance of their
duties.
(3) The Authority shall elect from its membership a
chairperson, vice-chairperson and secretary.
(4) The Authority may employ and fix the compensation of
such employees and technical assistants as it deems necessary
to carry out its powers and duties under this Act. Staff
assistance for the Authority shall be provided by the State
Board of Education.
(5) Funds for the ordinary and contingent expenses of
the Authority shall be appropriated to the State Board of
Education in a separate line item.
(d) (1) The Authority shall have power to promulgate
rules and regulations to carry out its powers and duties
under this Act.
(2) The Authority may accept monetary gifts or grants
from the federal government or any agency thereof, from any
charitable foundation or professional association or from any
other reputable source for implementation of any program
necessary or desirable to the carrying out of the general
purposes of the Authority. Such gifts and grants may be held
in trust by the Authority and expended in the exercise of its
powers and performance of its duties as prescribed by law.
(3) The Authority shall submit an annual report of its
activities and expenditures to the Governor, the General
Assembly, the directors of agencies represented on the
Authority, and the State Superintendent of Education.
(Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97;
90-566, eff. 1-2-98.)
Passed in the General Assembly April 24, 2002.
Approved July 11, 2002.
Effective January 01, 2003.
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