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90_HB3484ham002
LRB9010084THpkam04
1 AMENDMENT TO HOUSE BILL 3484
2 AMENDMENT NO. . Amend House Bill 3484, AS AMENDED,
3 in the title and in the introductory clause of Section 5, by
4 replacing "14-7.03" each time it appears with "14-3.01,
5 14-7.03,"; and
6 by inserting below the last line of the introductory clause
7 of Section 5 the following:
8 "(105 ILCS 5/14-3.01) (from Ch. 122, par. 14-3.01)
9 Sec. 14-3.01. Advisory Council. This amendatory Act of
10 1998, in compliance with the reauthorization of IDEA in 1997,
11 makes changes in the membership and responsibilities of the
12 Advisory Council on the Education of Children with
13 Disabilities. The Council shall provide advice and policy
14 guidance to the Governor, General Assembly, and the State
15 Board of Education with respect to special education and
16 related services for children with disabilities. The State
17 Board of Education shall seek the advice of the Advisory
18 Council regarding all rules and regulations related to the
19 education of children with disabilities that are to be
20 promulgated by the State Board of Education. The State Board
21 of Education shall seek the advice of the Advisory Council on
22 modifications or additions to comprehensive plans submitted
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1 under Section 14-4.01. The Council shall consider any rule
2 or regulation or plan submitted to it by the State Board of
3 Education within 60 days after its receipt by the chairperson
4 of the Council.
5 Additionally, the Advisory Council shall: (1) advise the
6 General Assembly, the Governor, and the State Board of
7 Education on unmet needs in the education of children with
8 disabilities; (2) assist the State Board of Education in
9 developing evaluations and reporting on data to the United
10 States Secretary of Education; (3) advise the State Board of
11 Education relative to qualifications for hearing officers and
12 the rules and procedures for hearings conducted under Section
13 14-8.02 or 14-8.02a; (4) comment publicly on any rules or
14 regulations proposed by the State regarding the education of
15 children with disabilities and the procedures for
16 distribution of funds under this Act; (5) advise the State
17 Board of Education in developing corrective action plans to
18 address findings identified in federal monitoring reports
19 pursuant to the Individuals with Disabilities Education Act;
20 (6) advise State and local education agencies regarding
21 educational programs and materials that may be provided to
22 children with disabilities to enable them to fully exercise
23 their constitutional and legal rights and entitlements as
24 citizens, including those afforded under the Federal
25 Rehabilitation Act of 1973, as amended, and the Illinois
26 Human Rights Act; and (7) advise the State Board of Education
27 in developing and implementing policies relating to the
28 coordination of services for children with disabilities.
29 The Council shall be composed of 27 members, including 23
30 voting members appointed by the Governor and 4 ex-officio
31 voting members. Members shall be broadly representative of
32 the State's population in regard to developmental, physical,
33 and mental disabilities, race, ethnic background, gender, and
34 geographic location. Nine members shall be parents of
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1 children with disabilities between the ages of 3 and 21 years
2 currently receiving special education services at public
3 expense. Five members shall be individuals with
4 disabilities, including one student or former student who is
5 at least 18 years of age and no older than 21 years of age at
6 the time of his or her appointment to the Council and who is
7 receiving special education services at public expense or
8 received those services at the time his or her high school
9 program terminated. Within 30 days after the effective date
10 of this amendatory Act of 1998, the Governor or his designee
11 shall invite statewide organizations, being as inclusive as
12 possible and based upon a reasonable inquiry, and Parent
13 Training and Information Centers representing parents of
14 children with disabilities, individuals with disabilities or
15 both, to convene for the purpose of recommending to the
16 Governor twice the number of individuals required to be
17 appointed as members from each of the categories described in
18 this paragraph, from which the Governor may appoint the 14
19 members of the Council who are parents of children with
20 disabilities and individuals with disabilities. The 9
21 members who are parents of children with disabilities between
22 the ages of 3 and 21 years receiving special education
23 services at public expense and the 5 members who are
24 individuals with disabilities shall not be current full or
25 part-time employees of school districts, special education
26 cooperatives, regional service areas or centers, or any
27 agency under the jurisdiction of any elected State official.
28 In addition, the Governor shall appoint one regional
29 superintendent of schools, one representative of an
30 institution of higher education that prepares special
31 education and related services personnel, one teacher of
32 students with disabilities, one superintendent of a public
33 school district, one director of a special education
34 cooperative or special education administrator from a school
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1 district of less than 500,000 population, one representative
2 of a public charter school, one representative of a private
3 school serving children with disabilities, one representative
4 of a vocational, community, or business organization that
5 provides transition services to children with disabilities,
6 and one at-large member from the general public. In
7 addition, the Secretary of Human Services or his or her
8 designee, the Director of Children and Family Services or his
9 or her designee, the Director of Corrections or his or her
10 designee, and the Director of Special Education for the City
11 of Chicago School District #299 or his or her designee shall
12 serve as ex-officio voting members of the Council.
13 All Council members shall be legal residents of the State
14 of Illinois and shall be selected, as far as practicable, on
15 the basis of their knowledge of, or experience in, the
16 education of children with disabilities.
17 The initial members to be appointed to the Council by the
18 Governor under the provisions of this amendatory Act of 1998
19 shall be appointed within 60 days after the effective date of
20 that amendatory Act; provided that those persons who are
21 serving as Council members on that effective date and who, as
22 determined by the Governor after consultation with the State
23 Board of Education, meet the requirements established by this
24 amendatory Act for appointment to membership on the Council
25 shall continue to serve as Council members until the
26 completion of the remainder of their current terms. The
27 initial members of the Council who are not Council members on
28 the effective date of this amendatory Act of 1998 and who are
29 appointed by the Governor under this amendatory Act of 1998
30 shall by lot determine one-third of their number to serve for
31 a term of 2 years (provided that person appointed as the
32 student or former student member shall be included among
33 those members who are to serve a term of 2 years), one-third
34 of their number to serve for a term of 3 years, and one-third
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1 of their number to serve for a term of 4 years; provided,
2 that if the total number of initial members so appointed by
3 the Governor is not divisible into 3 whole numbers, all of
4 the initial members so appointed shall by lot be assigned to
5 3 groups as follows: (i) the members assigned to the first
6 group, who shall include the student or former student member
7 and who shall be equal in number to the number of members who
8 are assigned to the second group, shall serve for a term of 2
9 years; (ii) the members assigned to the second group, who
10 shall be equal in number to the number of members who are
11 assigned to the first group, shall serve for a term of 3
12 years; and (iii) the members assigned to the third group, who
13 shall comprise the remainder of the initial members so
14 appointed by the Governor and whose number shall be either
15 one more or one less than the number of members assigned to
16 either the first group or second group, shall serve for a
17 term of 4 years. Upon expiration of the term of office of a
18 member of the Council who is not an ex-officio member, his or
19 her successor shall be appointed by the Governor to serve for
20 a term of 4 years, except that a successor appointed as the
21 student or former student member shall be appointed to serve
22 for a term of 2 years. Each member of the Council who is not
23 an ex-officio member and whose term of office expires shall
24 nevertheless continue to serve as a Council member until his
25 or her successor is appointed. Each of the 4 ex-officio
26 members of the Council shall continue to serve as a Council
27 member during the period in which he or she continues to hold
28 the office by reason of which he or she became an ex-officio
29 member of the Council. The initial members of the Council
30 who are not ex-officio members shall not, upon completion of
31 their respective initial terms, be appointed to serve more
32 than one additional consecutive term of 4 years, nor shall
33 any successor member of the Council be appointed to serve
34 more than 2 full consecutive 4-year terms; provided, that a
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1 person appointed as the student or former student member
2 shall serve only one two-year term and shall not be
3 reappointed to serve for an additional term. Vacancies in
4 Council memberships held by parents of children with
5 disabilities or individuals with disabilities may be filled
6 from the original list of such parents and individuals
7 recommended to the Governor. The Governor shall reconvene
8 the group of organizations that provided the original list of
9 parents of children with disabilities and individuals with
10 disabilities when additional recommendations for those
11 Council memberships are needed, but at a minimum the group
12 shall be convened every 2 years for the purpose or updating
13 the list of recommended parents or individuals. A vacancy in
14 an appointed membership on the Council shall be filled for
15 the unexpired balance of the term of that membership in the
16 same manner that the original appointment for that membership
17 was made.
18 The terms of all persons serving as Advisory Council
19 members on the effective date of this amendatory Act of 1998
20 who are not determined by the Governor, after consultation
21 with the State Board of Education, to meet the requirements
22 established by this amendatory Act for appointment to initial
23 membership on the Council shall terminate on the date that
24 the Governor completes his appointments of the initial
25 members of the Council under this amendatory Act, and the
26 members of the Council as constituted under this amendatory
27 Act shall take office and assume their powers and duties on
28 that date.
29 The Council as constituted under this amendatory Act of
30 1998 shall organize with a chairperson selected by the
31 Council members and shall meet at the call of the chairperson
32 upon 10 day's written notice but not less than 4 times a
33 year. The Council shall establish such committees and
34 procedures as it deems appropriate to carry out its
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1 responsibilities under this Act and the federal Individuals
2 with Disabilities Education Act.
3 The State Board of Education shall designate an employee
4 to act as executive secretary of the Council and shall
5 furnish all professional and clerical assistance necessary
6 for the performance of its duties.
7 Members of the Council shall serve without compensation
8 but shall be reimbursed for the necessary expenses incurred
9 in the performance of their duties in accordance with the
10 State Board of Education's Travel Control Policy. There is
11 hereby created a special education Advisory Council on
12 Education of Children with Disabilities to consist of 15
13 members appointed by the Governor, who shall hold office for
14 4 years. No person shall be appointed to serve more than 2
15 consecutive terms on the Advisory Council. The terms of
16 members serving at the time of this amendatory Act of 1978
17 are not affected by this amendatory Act. The membership
18 shall include an adult with disabilities, 2 parents of
19 children with disabilities, a consumer representative, a
20 representative of a private provider, a teacher of the
21 disabled, a regional superintendent of an educational service
22 region, a superintendent of a school district, a director of
23 special education from a district of less than 500,000
24 population, a professional affiliated with an institution of
25 higher education, and a member of the general public and the
26 Director of Special Education for the Chicago Board of
27 Education, as an ex-officio voting member. Of the members
28 appointed after the effective date of this amendatory Act of
29 1978, the Governor shall appoint one member to an initial
30 term of 2 years, one member to an initial term of 3 years and
31 one member to an initial term of 4 years. Vacancies shall be
32 filled in like manner for the unexpired balance of the term.
33 The changes made to this paragraph by this amendatory Act of
34 1995 (i) are made for purposes of changing the name of the
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1 Advisory Council and the manner of referring to a portion of
2 its membership, and (ii) are not intended to create a new
3 Advisory Council or to change its existing membership or
4 otherwise disqualify any current member of the Advisory
5 Council from continued membership thereon in accordance with
6 the terms of his or her appointment.
7 Because of the responsibility of the Department of
8 Children and Family Services and the Department of Human
9 Services for special education programs, the Director of the
10 Department of Children and Family Services and the Secretary
11 of Human Services or their designees shall be ex-officio
12 voting members of the Council. In addition, 2 other persons
13 representing the Department of Human Services shall serve on
14 the Council, one as a voting member and one as a non-voting
15 member.
16 The members appointed shall be citizens of the United
17 States and of this State and shall be selected, as far as
18 practicable, on the basis of their knowledge of, or
19 experience in, problems of the education of children with
20 disabilities.
21 The State Board of Education shall seek the advice of the
22 Advisory Council regarding all rules or regulations related
23 to the education of children with disabilities to be
24 promulgated by it. The State Board shall seek the advice of
25 the Advisory Council on modifications or additions to
26 comprehensive plans submitted under Section 14-4.01.
27 Additionally, the Advisory Council shall; (a) advise the
28 General Assembly, the Governor and the State Board on the
29 unmet needs in the education of children with disabilities,
30 (b) assist the State Board in developing and reporting data
31 and evaluations which may assist the United States
32 Commissioner of Education in the performance of his
33 responsibilities under the Education of the Handicapped Act,
34 (c) advise the State Board relative to qualifications for
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1 hearing officers and the rules and procedures for hearings
2 conducted under Section 14-8.02 of this Act, (d) comment
3 publicly on any rules or regulations proposed by the State
4 regarding the education of children with disabilities and the
5 procedures for distribution of funds under this Act, and (e)
6 advise State and local educational agencies regarding
7 educational programs and materials that may be provided to
8 children with disabilities to enable them to fully exercise
9 their Constitutional and legal rights and entitlements as
10 citizens, including those afforded under the Federal
11 Rehabilitation Act of 1973, as amended, and the Illinois
12 Human Rights Act.
13 The Council shall organize with a chairman selected by
14 the Council members and shall meet at the call of the
15 chairman upon 10 days written notice but not less than 4
16 times a year. The Council shall establish such sub-committees
17 as it deems appropriate to review special education issues
18 including, but not limited to certification, finance and
19 bilingual education. The Council shall consider any rule or
20 regulation or plan submitted to it by the State Board of
21 Education within 60 days after its receipt by the chairman.
22 Members of the Council shall serve without compensation but
23 shall be entitled to reasonable amounts for expenses
24 necessarily incurred in the performance of their duties.
25 The State Board of Education shall designate an employee
26 to act as executive secretary of the Council and shall
27 furnish all professional and clerical assistance necessary
28 for the performance of its powers and duties.
29 (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)".