Illinois General Assembly - Full Text of HB4365
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Full Text of HB4365  102nd General Assembly

HB4365 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4365

 

Introduced 1/5/2022, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-7.02  from Ch. 122, par. 14-7.02
105 ILCS 5/14-7.05
105 ILCS 5/14-15.01  from Ch. 122, par. 14-15.01

    Amends the Children with Disabilities Article of the School Code. Allows a child's individualized education program (IEP) team to determine whether the special education program of a school district is unable to meet the needs of a child with a disability. Provides that the financial responsibility and reimbursement of the resident district of a child with a disability applies to both nonpublic special education facilities that are approved by the State Board of Education and nonpublic special education facilities that are not approved by the State Board of Education. Requires that a nonpublic special education facility providing services to demonstrate proof to the State Board of Education of (i) appropriate certification of teachers for the student population, (ii) age-appropriate curriculum, (iii) enrollment and attendance data, and (iv) the ability to implement the child's IEP. Sets forth provisions concerning requests for approval by the State Board of Education of a nonpublic special education facility. Provides that the Community and Residential Service Authority has the power to make final determinations regarding the approval of nonpublic special education facilities. Effective immediately.


LRB102 23289 CMG 32455 b

 

 

A BILL FOR

 

HB4365LRB102 23289 CMG 32455 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
514-7.02, 14-7.05, and 14-15.01 as follows:
 
6    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
7    Sec. 14-7.02. Children attending private schools, public
8out-of-state schools, public school residential facilities or
9private special education facilities. The General Assembly
10recognizes that non-public schools or special education
11facilities provide an important service in the educational
12system in Illinois.
13    If the child's individualized education program team
14determines that because of the child's his or her disability
15the special education program of a district is unable to meet
16the needs of a child and the child attends a non-public school
17or special education facility, a public out-of-state school or
18a special education facility owned and operated by a county
19government unit that provides special educational services
20required by the child and is in compliance with the
21appropriate rules and regulations of the State Superintendent
22of Education, the school district in which the child is a
23resident shall pay the actual cost of tuition for special

 

 

HB4365- 2 -LRB102 23289 CMG 32455 b

1education and related services provided during the regular
2school term and during the summer school term if the child's
3educational needs so require, excluding room, board and
4transportation costs charged the child by that non-public
5school or special education facility, public out-of-state
6school or county special education facility, or $4,500 per
7year, whichever is less, and shall provide him any necessary
8transportation. "Nonpublic special education facility" shall
9include a residential facility, within or without the State of
10Illinois, which provides special education and related
11services to meet the needs of the child by utilizing private
12schools or public schools, whether located on the site or off
13the site of the residential facility. Resident district
14financial responsibility and reimbursement applies to both
15nonpublic special education facilities that are approved by
16the State Board of Education pursuant to 23 Ill. Adm. Code 401
17or other applicable laws or rules and nonpublic special
18education facilities that are not approved by the State Board
19of Education pursuant to 23 Ill. Adm. Code 401 or other
20applicable laws or rules, subject to the requirements of this
21Section.
22    Prior to the placement of a child in an out-of-state
23special education residential facility, the school district
24must refer to the child or the child's parent or guardian the
25option to place the child in a special education residential
26facility located within this State, if any, that provides

 

 

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1treatment and services comparable to those provided by the
2out-of-state special education residential facility. The
3school district must review annually the placement of a child
4in an out-of-state special education residential facility. As
5a part of the review, the school district must refer to the
6child or the child's parent or guardian the option to place the
7child in a comparable special education residential facility
8located within this State, if any.
9    Payments shall be made by the resident district to the
10entity providing the educational services, whether the entity
11is the nonpublic special education facility or the school
12district wherein the facility is located, no less than once
13per quarter unless otherwise agreed to in writing by the
14parties.
15    A nonpublic special education facility providing
16educational services within the facility but not approved by
17the State Board of Education pursuant to 23 Ill. Adm. Code 401
18or other applicable laws or rules is required to demonstrate
19proof to the State Board of Education of (i) appropriate
20certification of teachers for the student population, (ii)
21age-appropriate curriculum, (iii) enrollment and attendance
22data, and (iv) the ability to implement the child's IEP. A
23resident school district may also submit such proof to the
24State Board of Education as may be required for the student. A
25school district is under no obligation to pay such a
26residential facility unless and until such proof is provided

 

 

HB4365- 4 -LRB102 23289 CMG 32455 b

1to the satisfaction of the State Board. The State Board of
2Education shall not unreasonably withhold approval once
3satisfactory proof is provided to the State Board.
4    If the State Board of Education denies approval in writing
5or does not respond to a facility's or resident district's
6request for approval within 10 days after the request is
7submitted to the State Board of Education, the matter shall be
8referred to the Community and Residential Services Authority,
9which shall make the determination and notify the facility or
10resident district and the State Board of Education within 10
11days after the Authority receives the referral. The approval
12determination by the Community and Residential Services
13Authority is final.
14    If an impartial due process hearing officer who is
15contracted by the State Board of Education pursuant to this
16Article orders the placement of a student with a disability in
17a residential facility that is not approved by the State Board
18of Education, then for purposes of this Section the facility
19shall be deemed approved and school district payments and
20State reimbursements shall be made as though the facility
21received approval by the State Board of Education.
22    The State Board of Education shall promulgate rules and
23regulations for determining when placement in a private
24special education facility is appropriate. Such rules and
25regulations shall take into account the various types of
26services needed by a child and the availability of such

 

 

HB4365- 5 -LRB102 23289 CMG 32455 b

1services to the particular child in the public school. In
2developing these rules and regulations the State Board of
3Education shall consult with the Advisory Council on Education
4of Children with Disabilities and hold public hearings to
5secure recommendations from parents, school personnel, and
6others concerned about this matter.
7    The State Board of Education shall also promulgate rules
8and regulations for transportation to and from a residential
9school. Transportation to and from home to a residential
10school more than once each school term shall be subject to
11prior approval by the State Superintendent in accordance with
12the rules and regulations of the State Board.
13    A school district making tuition payments pursuant to this
14Section is eligible for reimbursement from the State for the
15amount of such payments actually made in excess of the
16district per capita tuition charge for students not receiving
17special education services. Such reimbursement shall be
18approved in accordance with Section 14-12.01 and each district
19shall file its claims, computed in accordance with rules
20prescribed by the State Board of Education, on forms
21prescribed by the State Superintendent of Education. Data used
22as a basis of reimbursement claims shall be for the preceding
23regular school term and summer school term. Each school
24district shall transmit its claims to the State Board of
25Education on or before August 15. The State Board of
26Education, before approving any such claims, shall determine

 

 

HB4365- 6 -LRB102 23289 CMG 32455 b

1their accuracy and whether they are based upon services and
2facilities provided under approved programs. Upon approval the
3State Board shall cause vouchers to be prepared showing the
4amount due for payment of reimbursement claims to school
5districts, for transmittal to the State Comptroller on the
630th day of September, December, and March, respectively, and
7the final voucher, no later than June 20. If the money
8appropriated by the General Assembly for such purpose for any
9year is insufficient, it shall be apportioned on the basis of
10the claims approved.
11    No child shall be placed in a special education program
12pursuant to this Section if the tuition cost for special
13education and related services increases more than 10 percent
14over the tuition cost for the previous school year or exceeds
15$4,500 per year unless such costs have been approved by the
16Illinois Purchased Care Review Board. The Illinois Purchased
17Care Review Board shall consist of the following persons, or
18their designees: the Directors of Children and Family
19Services, Public Health, Public Aid, and the Governor's Office
20of Management and Budget; the Secretary of Human Services; the
21State Superintendent of Education; and such other persons as
22the Governor may designate. The Review Board shall also
23consist of one non-voting member who is an administrator of a
24private, nonpublic, special education school. The Review Board
25shall establish rules and regulations for its determination of
26allowable costs and payments made by local school districts

 

 

HB4365- 7 -LRB102 23289 CMG 32455 b

1for special education, room and board, and other related
2services provided by non-public schools or special education
3facilities and shall establish uniform standards and criteria
4which it shall follow. The Review Board shall approve the
5usual and customary rate or rates of a special education
6program that (i) is offered by an out-of-state, non-public
7provider of integrated autism specific educational and autism
8specific residential services, (ii) offers 2 or more levels of
9residential care, including at least one locked facility, and
10(iii) serves 12 or fewer Illinois students.
11    In determining rates based on allowable costs, the Review
12Board shall consider any wage increases awarded by the General
13Assembly to front line personnel defined as direct support
14persons, aides, front-line supervisors, qualified intellectual
15disabilities professionals, nurses, and non-administrative
16support staff working in service settings in community-based
17settings within the State and adjust customary rates or rates
18of a special education program to be equitable to the wage
19increase awarded to similar staff positions in a community
20residential setting. Any wage increase awarded by the General
21Assembly to front line personnel defined as direct support
22persons, aides, front-line supervisors, qualified intellectual
23disabilities professionals, nurses, and non-administrative
24support staff working in community-based settings within the
25State, including the $0.75 per hour increase contained in
26Public Act 100-23 and the $0.50 per hour increase included in

 

 

HB4365- 8 -LRB102 23289 CMG 32455 b

1Public Act 100-23, shall also be a basis for any facility
2covered by this Section to appeal its rate before the Review
3Board under the process defined in Title 89, Part 900, Section
4340 of the Illinois Administrative Code. Illinois
5Administrative Code Title 89, Part 900, Section 342 shall be
6updated to recognize wage increases awarded to community-based
7settings to be a basis for appeal. However, any wage increase
8that is captured upon appeal from a previous year shall not be
9counted by the Review Board as revenue for the purpose of
10calculating a facility's future rate.
11    Any definition used by the Review Board in administrative
12rule or policy to define "related organizations" shall include
13any and all exceptions contained in federal law or regulation
14as it pertains to the federal definition of "related
15organizations".
16    The Review Board shall establish uniform definitions and
17criteria for accounting separately by special education, room
18and board and other related services costs. The Board shall
19also establish guidelines for the coordination of services and
20financial assistance provided by all State agencies to assure
21that no otherwise qualified child with a disability receiving
22services under Article 14 shall be excluded from participation
23in, be denied the benefits of or be subjected to
24discrimination under any program or activity provided by any
25State agency.
26    The Review Board shall review the costs for special

 

 

HB4365- 9 -LRB102 23289 CMG 32455 b

1education and related services provided by non-public schools
2or special education facilities and shall approve or
3disapprove such facilities in accordance with the rules and
4regulations established by it with respect to allowable costs.
5    The State Board of Education shall provide administrative
6and staff support for the Review Board as deemed reasonable by
7the State Superintendent of Education. This support shall not
8include travel expenses or other compensation for any Review
9Board member other than the State Superintendent of Education.
10    The Review Board shall seek the advice of the Advisory
11Council on Education of Children with Disabilities on the
12rules and regulations to be promulgated by it relative to
13providing special education services.
14    If a child has been placed in a program in which the actual
15per pupil costs of tuition for special education and related
16services based on program enrollment, excluding room, board
17and transportation costs, exceed $4,500 and such costs have
18been approved by the Review Board, the district shall pay such
19total costs which exceed $4,500. A district making such
20tuition payments in excess of $4,500 pursuant to this Section
21shall be responsible for an amount in excess of $4,500 equal to
22the district per capita tuition charge and shall be eligible
23for reimbursement from the State for the amount of such
24payments actually made in excess of the districts per capita
25tuition charge for students not receiving special education
26services.

 

 

HB4365- 10 -LRB102 23289 CMG 32455 b

1    If a child has been placed in an approved individual
2program and the tuition costs including room and board costs
3have been approved by the Review Board, then such room and
4board costs shall be paid by the appropriate State agency
5subject to the provisions of Section 14-8.01 of this Act. Room
6and board costs not provided by a State agency other than the
7State Board of Education shall be provided by the State Board
8of Education on a current basis. In no event, however, shall
9the State's liability for funding of these tuition costs begin
10until after the legal obligations of third party payors have
11been subtracted from such costs. If the money appropriated by
12the General Assembly for such purpose for any year is
13insufficient, it shall be apportioned on the basis of the
14claims approved. Each district shall submit estimated claims
15to the State Superintendent of Education. Upon approval of
16such claims, the State Superintendent of Education shall
17direct the State Comptroller to make payments on a monthly
18basis. The frequency for submitting estimated claims and the
19method of determining payment shall be prescribed in rules and
20regulations adopted by the State Board of Education. Such
21current state reimbursement shall be reduced by an amount
22equal to the proceeds which the child or child's parents are
23eligible to receive under any public or private insurance or
24assistance program. Nothing in this Section shall be construed
25as relieving an insurer or similar third party from an
26otherwise valid obligation to provide or to pay for services

 

 

HB4365- 11 -LRB102 23289 CMG 32455 b

1provided to a child with a disability.
2    If it otherwise qualifies, a school district is eligible
3for the transportation reimbursement under Section 14-13.01
4and for the reimbursement of tuition payments under this
5Section whether the non-public school or special education
6facility, public out-of-state school or county special
7education facility, attended by a child who resides in that
8district and requires special educational services, is within
9or outside of the State of Illinois. However, a district is not
10eligible to claim transportation reimbursement under this
11Section unless the district certifies to the State
12Superintendent of Education that the district is unable to
13provide special educational services required by the child for
14the current school year.
15    Nothing in this Section authorizes the reimbursement of a
16school district for the amount paid for tuition of a child
17attending a non-public school or special education facility,
18public out-of-state school or county special education
19facility unless the school district certifies to the State
20Superintendent of Education that the special education program
21of that district is unable to meet the needs of that child
22because of his disability and the State Superintendent of
23Education finds that the school district is in substantial
24compliance with Section 14-4.01. However, if a child is
25unilaterally placed by a State agency or any court in a
26non-public school or special education facility, public

 

 

HB4365- 12 -LRB102 23289 CMG 32455 b

1out-of-state school, or county special education facility, a
2school district shall not be required to certify to the State
3Superintendent of Education, for the purpose of tuition
4reimbursement, that the special education program of that
5district is unable to meet the needs of a child because of his
6or her disability.
7    Any educational or related services provided, pursuant to
8this Section in a non-public school or special education
9facility or a special education facility owned and operated by
10a county government unit shall be at no cost to the parent or
11guardian of the child. However, current law and practices
12relative to contributions by parents or guardians for costs
13other than educational or related services are not affected by
14this amendatory Act of 1978.
15    Reimbursement for children attending public school
16residential facilities shall be made in accordance with the
17provisions of this Section.
18    Notwithstanding any other provision of law, any school
19district receiving a payment under this Section or under
20Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
21all or a portion of the funds that it receives in a particular
22fiscal year or from general State aid pursuant to Section
2318-8.05 of this Code as funds received in connection with any
24funding program for which it is entitled to receive funds from
25the State in that fiscal year (including, without limitation,
26any funding program referenced in this Section), regardless of

 

 

HB4365- 13 -LRB102 23289 CMG 32455 b

1the source or timing of the receipt. The district may not
2classify more funds as funds received in connection with the
3funding program than the district is entitled to receive in
4that fiscal year for that program. Any classification by a
5district must be made by a resolution of its board of
6education. The resolution must identify the amount of any
7payments or general State aid to be classified under this
8paragraph and must specify the funding program to which the
9funds are to be treated as received in connection therewith.
10This resolution is controlling as to the classification of
11funds referenced therein. A certified copy of the resolution
12must be sent to the State Superintendent of Education. The
13resolution shall still take effect even though a copy of the
14resolution has not been sent to the State Superintendent of
15Education in a timely manner. No classification under this
16paragraph by a district shall affect the total amount or
17timing of money the district is entitled to receive under this
18Code. No classification under this paragraph by a district
19shall in any way relieve the district from or affect any
20requirements that otherwise would apply with respect to that
21funding program, including any accounting of funds by source,
22reporting expenditures by original source and purpose,
23reporting requirements, or requirements of providing services.
24(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21.)
 
25    (105 ILCS 5/14-7.05)

 

 

HB4365- 14 -LRB102 23289 CMG 32455 b

1    Sec. 14-7.05. Placement in residential facility; payment
2of educational costs. For any student with a disability in a
3residential facility placement made or paid for by an Illinois
4public State agency or made by any court in this State, the
5school district of residence as determined pursuant to this
6Article is responsible for the costs of educating the child
7and shall be reimbursed for those costs in accordance with
8this Code. Subject to this Section and relevant State
9appropriation, the resident district's financial
10responsibility and reimbursement must be calculated in
11accordance with the provisions of Section 14-7.02 of this
12Code. In those instances in which a district receives a block
13grant pursuant to Article 1D of this Code, the district's
14financial responsibility is limited to the actual educational
15costs of the placement, which must be paid by the district from
16its block grant appropriation. Resident district financial
17responsibility and reimbursement applies for both residential
18facilities that are approved by the State Board of Education
19and non-approved facilities, subject to the requirements of
20this Section. The Illinois placing agency or court remains
21responsible for funding the residential portion of the
22placement and for notifying the resident district prior to the
23placement, except in emergency situations. The residential
24facility in which the student is placed shall notify the
25resident district of the student's enrollment as soon as
26practicable after the placement. Failure of the placing agency

 

 

HB4365- 15 -LRB102 23289 CMG 32455 b

1or court to notify the resident district prior to the
2placement does not absolve the resident district of financial
3responsibility for the educational costs of the placement;
4however, the resident district shall not become financially
5responsible unless and until it receives written notice of the
6placement by either the placing agency, court, or residential
7facility. The placing agency or parent shall request an
8individualized education program (IEP) meeting from the
9resident district if the placement would entail additional
10educational services beyond the student's current IEP. The
11district of residence shall retain control of the IEP process,
12and any changes to the IEP must be done in compliance with the
13federal Individuals with Disabilities Education Act.
14    Prior to the placement of a child in an out-of-state
15special education residential facility, the placing agency or
16court must refer to the child or the child's parent or guardian
17the option to place the child in a special education
18residential facility located within this State, if any, that
19provides treatment and services comparable to those provided
20by the out-of-state special education residential facility.
21The placing agency or court must review annually the placement
22of a child in an out-of-state special education residential
23facility. As a part of the review, the placing agency or court
24must refer to the child or the child's parent or guardian the
25option to place the child in a comparable special education
26residential facility located within this State, if any.

 

 

HB4365- 16 -LRB102 23289 CMG 32455 b

1    Payments shall be made by the resident district to the
2entity providing the educational services, whether the entity
3is the residential facility or the school district wherein the
4facility is located, no less than once per quarter unless
5otherwise agreed to in writing by the parties.
6    A residential facility providing educational services
7within the facility, but not approved by the State Board of
8Education, is required to demonstrate proof to the State Board
9of (i) appropriate certification of teachers for the student
10population, (ii) age-appropriate curriculum, (iii) enrollment
11and attendance data, and (iv) the ability to implement the
12child's IEP. A school district is under no obligation to pay
13such a residential facility unless and until such proof is
14provided to the State Board's satisfaction. The State Board of
15Education shall not unreasonably withhold approval once
16satisfactory proof is provided to the State Board. If the
17State Board of Education denies approval in writing or does
18not respond to a facility's or resident district's request for
19approval within 10 days after the request is submitted to the
20State Board of Education, the matter shall be referred to the
21Community and Residential Services Authority, which shall make
22the determination and notify the facility or resident district
23and the State Board of Education within 10 days after the
24Authority receives the referral. The approval determination by
25the Community and Residential Services Authority is final.
26    If an impartial due process hearing officer who is under

 

 

HB4365- 17 -LRB102 23289 CMG 32455 b

1contract with the State Board of Education pursuant to this
2Article orders the placement of a student with a disability in
3a residential facility that is not approved by the State Board
4of Education, then for purposes of this Section the facility
5shall be deemed approved and school district payments and
6State reimbursements shall be made as though the facility
7received approval by the State Board of Education.
8    When a dispute arises over the determination of the
9district of residence under this Section, any person or
10entity, including without limitation a school district or
11residential facility, may make a written request for a
12residency decision to the State Superintendent of Education,
13who, upon review of materials submitted and any other items of
14information he or she may request for submission, shall issue
15his or her decision in writing. The decision of the State
16Superintendent of Education is final.
17(Source: P.A. 102-254, eff. 8-6-21.)
 
18    (105 ILCS 5/14-15.01)  (from Ch. 122, par. 14-15.01)
19    Sec. 14-15.01. Community and Residential Services
20Authority.
21    (a) (1) The Community and Residential Services Authority
22is hereby created and shall consist of the following members:
23    A representative of the State Board of Education;
24    Four representatives of the Department of Human Services
25appointed by the Secretary of Human Services, with one member

 

 

HB4365- 18 -LRB102 23289 CMG 32455 b

1from the Division of Community Health and Prevention, one
2member from the Division of Developmental Disabilities, one
3member from the Division of Mental Health, and one member from
4the Division of Rehabilitation Services;
5    A representative of the Department of Children and Family
6Services;
7    A representative of the Department of Juvenile Justice;
8    A representative of the Department of Healthcare and
9Family Services;
10    A representative of the Attorney General's Disability
11Rights Advocacy Division;
12    The Chairperson and Minority Spokesperson of the House and
13Senate Committees on Elementary and Secondary Education or
14their designees; and
15    Six persons appointed by the Governor. Five of such
16appointees shall be experienced or knowledgeable relative to
17provision of services for individuals with a behavior disorder
18or a severe emotional disturbance and shall include
19representatives of both the private and public sectors, except
20that no more than 2 of those 5 appointees may be from the
21public sector and at least 2 must be or have been directly
22involved in provision of services to such individuals. The
23remaining member appointed by the Governor shall be or shall
24have been a parent of an individual with a behavior disorder or
25a severe emotional disturbance, and that appointee may be from
26either the private or the public sector.

 

 

HB4365- 19 -LRB102 23289 CMG 32455 b

1    (2) Members appointed by the Governor shall be appointed
2for terms of 4 years and shall continue to serve until their
3respective successors are appointed; provided that the terms
4of the original appointees shall expire on August 1, 1990. Any
5vacancy in the office of a member appointed by the Governor
6shall be filled by appointment of the Governor for the
7remainder of the term.
8    A vacancy in the office of a member appointed by the
9Governor exists when one or more of the following events
10occur:
11        (i) An appointee dies;
12        (ii) An appointee files a written resignation with the
13    Governor;
14        (iii) An appointee ceases to be a legal resident of
15    the State of Illinois; or
16        (iv) An appointee fails to attend a majority of
17    regularly scheduled Authority meetings in a fiscal year.
18    Members who are representatives of an agency shall serve
19at the will of the agency head. Membership on the Authority
20shall cease immediately upon cessation of their affiliation
21with the agency. If such a vacancy occurs, the appropriate
22agency head shall appoint another person to represent the
23agency.
24    If a legislative member of the Authority ceases to be
25Chairperson or Minority Spokesperson of the designated
26Committees, they shall automatically be replaced on the

 

 

HB4365- 20 -LRB102 23289 CMG 32455 b

1Authority by the person who assumes the position of
2Chairperson or Minority Spokesperson.
3    (b) The Community and Residential Services Authority shall
4have 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 with
8    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 under 22 years of age with a
16    behavior disorder or a severe emotional disturbance in
17    public or private situations.
18        (4) To review the criteria for service eligibility,
19    provision and availability established by the governmental
20    agencies represented on this Authority, and to recommend
21    changes, additions or deletions to such criteria.
22        (5) To develop and submit to the Governor, the General
23    Assembly, the Directors of the agencies represented on the
24    Authority, and the State Board of Education a master plan
25    for individuals under 22 years of age with a behavior
26    disorder or a severe emotional disturbance, including

 

 

HB4365- 21 -LRB102 23289 CMG 32455 b

1    detailed plans of service ranging from the least to the
2    most restrictive options; and to assist local communities,
3    upon request, in developing or strengthening collaborative
4    interagency networks.
5        (6) To develop a process for making determinations in
6    situations where there is a dispute relative to a plan of
7    service for individuals or funding for a plan of 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        (8) To establish a pilot program to act as a
14    residential research hub to research and identify
15    appropriate residential settings for youth who are being
16    housed in an emergency room for more than 72 hours or who
17    are deemed beyond medical necessity in a psychiatric
18    hospital. If a child is deemed beyond medical necessity in
19    a psychiatric hospital and is in need of residential
20    placement, the goal of the program is to prevent a
21    lock-out pursuant to the goals of the Custody
22    Relinquishment Prevention Act.
23        (9) To make final determinations regarding approval of
24    nonpublic special education facilities in accordance with
25    Sections 14-7.02 and 14-7.05 of this Article.
26    (c) (1) The members of the Authority shall receive no

 

 

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1compensation for their services but shall be entitled to
2reimbursement of reasonable expenses incurred while performing
3their duties.
4    (2) The Authority may appoint special study groups to
5operate under the direction of the Authority and persons
6appointed to such groups shall receive only reimbursement of
7reasonable expenses incurred in the performance of their
8duties.
9    (3) The Authority shall elect from its membership a
10chairperson, vice-chairperson and secretary.
11    (4) The Authority may employ and fix the compensation of
12such employees and technical assistants as it deems necessary
13to carry out its powers and duties under this Act. Staff
14assistance for the Authority shall be provided by the State
15Board of Education.
16    (5) Funds for the ordinary and contingent expenses of the
17Authority shall be appropriated to the State Board of
18Education in a separate line item.
19    (d) (1) The Authority shall have power to promulgate rules
20and regulations to carry out its powers and duties under this
21Act.
22    (2) The Authority may accept monetary gifts or grants from
23the federal government or any agency thereof, from any
24charitable foundation or professional association or from any
25other reputable source for implementation of any program
26necessary or desirable to the carrying out of the general

 

 

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1purposes of the Authority. Such gifts and grants may be held in
2trust by the Authority and expended in the exercise of its
3powers and performance of its duties as prescribed by law.
4    (3) The Authority shall submit an annual report of its
5activities and expenditures to the Governor, the General
6Assembly, the directors of agencies represented on the
7Authority, and the State Superintendent of Education.
8    (e) The Executive Director of the Authority or his or her
9designee shall be added as a participant on the Interagency
10Clinical Team established in the intergovernmental agreement
11among the Department of Healthcare and Family Services, the
12Department of Children and Family Services, the Department of
13Human Services, the State Board of Education, the Department
14of Juvenile Justice, and the Department of Public Health, with
15consent of the youth or the youth's guardian or family
16pursuant to the Custody Relinquishment Prevention Act.
17(Source: P.A. 102-43, eff. 7-6-21.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.