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90_HB1098eng
105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
Amends the School Code. Makes a technical change in the
provisions relating to the powers and duties of the State
Board of Education.
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1 AN ACT to amend the School Code by changing Sections
2 14-15.01 and 22-23.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 14-15.01 and 22-23 as follows:
7 (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
8 Sec. 14-15.01. Community and Residential Services
9 Authority.
10 (a) (1) The Community and Residential Services Authority
11 for Behavior Disturbed and Severe Emotionally Disturbed
12 Individuals is hereby created and shall consist of the
13 following members:
14 A representative of the State Board of Education;
15 Three representatives of the Department of Human
16 Services;
17 A representative of the Department of Children and Family
18 Services;
19 A representative of the Department of Public Health;
20 A representative of the Department of Corrections;
21 A representative of the Department of Public Aid;
22 A representative of the Attorney General's Disability
23 Rights Advocacy Division;
24 The Chairperson and Minority Spokesperson of the House
25 and Senate Committees on Elementary and Secondary Education
26 or their designees; and
27 Six persons appointed by the Governor. Five of such
28 appointees shall be experienced or knowledgeable relative to
29 provision of services for individuals with a who are behavior
30 disorder disturbed or a severe emotional disturbance
31 emotionally disturbed students and shall include
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1 representatives of both the private and public sectors,
2 except that no more than 2 of those 5 appointees may be from
3 the public sector and at least 2 must be or have been
4 directly involved in provision of services to such
5 individuals. The remaining member appointed by the Governor
6 shall be or shall have been a parent of an individual with a
7 behavior disorder disturbed or a severe emotional disturbance
8 emotionally disturbed child or adolescent, and that appointee
9 may be from either the private or the public sector.
10 (2) Members appointed by the Governor shall be appointed
11 for terms of 4 years and shall continue to serve until their
12 respective successors are appointed; provided that the terms
13 of the original appointees shall expire on August 1, 1990,
14 and the term of the additional member appointed under this
15 amendatory Act of 1992 shall commence upon the appointment
16 and expire August 1, 1994. Any vacancy in the office of a
17 member appointed by the Governor shall be filled by
18 appointment of the Governor for the remainder of the term.
19 A vacancy in the office of a member appointed by the
20 Governor exists when one or more of the following events
21 occur:
22 (i) An appointee dies;
23 (ii) An appointee files a written resignation with
24 the Governor;
25 (iii) An appointee ceases to be a legal resident of
26 the State of Illinois; or
27 (iv) An appointee fails to attend a majority of
28 regularly scheduled Authority meetings in a fiscal year.
29 Members who are representatives of an agency shall serve
30 at the will of the agency head. Membership on the Authority
31 shall cease immediately upon cessation of their affiliation
32 with the agency. If such a vacancy occurs, the appropriate
33 agency head shall appoint another person to represent the
34 agency.
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1 If a legislative member of the Authority ceases to be
2 Chairperson or Minority Spokesperson of the designated
3 Committees, they shall automatically be replaced on the
4 Authority by the person who assumes the position of
5 Chairperson or Minority Spokesperson.
6 (b) The Community and Residential Services Authority
7 shall have the following powers and duties:
8 (1) To conduct surveys to determine the extent of
9 need, the degree to which documented need is currently
10 being met and feasible alternatives for matching need
11 with resources.
12 (2) To develop policy statements for interagency
13 cooperation to cover all aspects of service delivery,
14 including laws, regulations and procedures, and clear
15 guidelines for determining responsibility at all times.
16 (3) To recommend policy statements and provide
17 information regarding effective programs for delivery of
18 services to all individuals with a who are behavior
19 disorder or a disturbed and severe emotional disturbance
20 emotionally disturbed of all ages in public or private
21 situations.
22 (4) To review the criteria for service eligibility,
23 provision and availability established by the
24 governmental agencies represented on this Authority, and
25 to recommend changes, additions or deletions to such
26 criteria.
27 (5) To develop and submit to the Governor, the
28 General Assembly, the Directors of the agencies
29 represented on the Authority, and the State Board of
30 Education a master plan for individuals with a who are
31 behavior disorder or a disturbed and severe emotional
32 disturbance emotionally disturbed, including detailed
33 plans of service for day schools and residential schools
34 ranging from the least to the most restrictive placement
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1 options; and to assist local communities, upon request,
2 in developing or strengthening collaborative interagency
3 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 placements of individuals or funding for a
7 plan of service services for individual placements.
8 (7) To provide technical assistance to parents,
9 service consumers, and providers, and member agency
10 personnel regarding statutory responsibilities of human
11 service and educational agencies, and to provide such
12 assistance as deemed necessary to appropriately access
13 needed services.
14 (c) (1) The members of the Authority shall receive no
15 compensation for their services but shall be entitled to
16 reimbursement of reasonable expenses incurred while
17 performing their duties.
18 (2) The Authority may appoint special study groups to
19 operate under the direction of the Authority and persons
20 appointed to such groups shall receive only reimbursement of
21 reasonable expenses incurred in the performance of their
22 duties.
23 (3) The Authority shall elect from its membership a
24 chairperson, vice-chairperson and secretary.
25 (4) The Authority may employ and fix the compensation of
26 such employees and technical assistants as it deems necessary
27 to carry out its powers and duties under this Act. Staff
28 assistance for the Authority shall be provided by the State
29 Board of Education.
30 (5) Funds for the ordinary and contingent expenses of
31 the Authority shall be appropriated to the State Board of
32 Education in a separate line item.
33 (6) Funds for the establishment and maintenance of the
34 Authority Resource Pool shall be appropriated to the
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1 Department of Human Services, Division of Family Support
2 Services in a separate line item.
3 (d) (1) The Authority shall have power to promulgate
4 rules and regulations to carry out its powers and duties
5 under this Act.
6 (2) The Authority may accept monetary gifts or grants
7 from the federal government or any agency thereof, from any
8 charitable foundation or professional association or from any
9 other reputable source for implementation of any program
10 necessary or desirable to the carrying out of the general
11 purposes of the Authority. Such gifts and grants may be held
12 in trust by the Authority and expended in the exercise of its
13 powers and performance of its duties as prescribed by law.
14 (3) The Authority shall submit an annual report of its
15 activities and expenditures to the Governor, the General
16 Assembly, the directors of agencies represented on the
17 Authority, and the State Superintendent of Education.
18 (Source: P.A. 88-386; 89-21, eff. 7-1-95; 89-507, eff.
19 7-1-97.)
20 (105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
21 Sec. 22-23. Sprinkler systems.
22 (a) The provisions of this Section apply to the school
23 board, board of education, board of school directors, board
24 of school inspectors or other governing body of each school
25 district in this State, including special charter districts
26 and districts organized under Article 34.
27 (b) As used in this Section, the term "school
28 construction" means (1) the construction of a new school
29 building, or addition to an existing building, within any
30 period of 30 months, having 7,200 or more square feet the
31 construction of an addition to a school building, and (2) any
32 alteration, as defined in 71 Illinois Administrative Code,
33 Section 400.210, within any period of 30 months, that costs
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1 more than 50% of the reproduction cost of the existing
2 building remodeling, renovation or reconstruction project
3 affecting one or more areas of a school building which
4 cumulatively are equal to 50% or more of the square footage
5 of the school building.
6 (c) New areas or uses of buildings not required to be
7 sprinklered under this Section shall be protected with the
8 installation of an automatic fire detection system.
9 (d) (c) Notwithstanding any other provisions of this
10 Act, no school construction shall be commenced in any school
11 district on or after the effective date of this amendatory
12 Act of 1991 unless sprinkler systems are required by, and are
13 installed in accordance with approved plans and
14 specifications in the school building, addition or project
15 areas which constitute school construction as defined in
16 subsection (b). Plans and specifications shall comply with
17 rules and regulations established by the State Board of
18 Education, and such rules and regulations shall be consistent
19 so far as practicable with nationally recognized standards
20 such as those established by the National Fire Protection
21 Association.
22 (d) Prior to the award of any contract for, or
23 commencement of any school construction, the school board or
24 other governing body of the school district shall submit
25 plans and specifications for installation of sprinkler
26 systems as required by this Section to the appropriate
27 regional superintendent of schools, who shall forward the
28 plans and specifications to the State Board of Education for
29 review and approval.
30 (Source: P.A. 87-652.)