State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

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.

[ Top ]