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90_HB1098ham001
LRB9003837THpkam
1 AMENDMENT TO HOUSE BILL 1098
2 AMENDMENT NO. . Amend House Bill 1098 by replacing
3 the title with the following:
4 "AN ACT to amend the School Code by changing Sections
5 14-15.01 and 22-23."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Sections 14-15.01 and 22-23 as follows:
10 (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
11 Sec. 14-15.01. Community and Residential Services
12 Authority.
13 (a) (1) The Community and Residential Services Authority
14 for Behavior Disturbed and Severe Emotionally Disturbed
15 Individuals is hereby created and shall consist of the
16 following members:
17 A representative of the State Board of Education;
18 Three representatives of the Department of Human
19 Services;
20 A representative of the Department of Children and Family
21 Services;
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1 A representative of the Department of Public Health;
2 A representative of the Department of Corrections;
3 A representative of the Department of Public Aid;
4 A representative of the Attorney General's Disability
5 Rights Advocacy Division;
6 The Chairperson and Minority Spokesperson of the House
7 and Senate Committees on Elementary and Secondary Education
8 or their designees; and
9 Six persons appointed by the Governor. Five of such
10 appointees shall be experienced or knowledgeable relative to
11 provision of services for individuals with a who are behavior
12 disorder disturbed or a severe emotional disturbance
13 emotionally disturbed students and shall include
14 representatives of both the private and public sectors,
15 except that no more than 2 of those 5 appointees may be from
16 the public sector and at least 2 must be or have been
17 directly involved in provision of services to such
18 individuals. The remaining member appointed by the Governor
19 shall be or shall have been a parent of an individual with a
20 behavior disorder disturbed or a severe emotional disturbance
21 emotionally disturbed child or adolescent, and that appointee
22 may be from either the private or the public sector.
23 (2) Members appointed by the Governor shall be appointed
24 for terms of 4 years and shall continue to serve until their
25 respective successors are appointed; provided that the terms
26 of the original appointees shall expire on August 1, 1990,
27 and the term of the additional member appointed under this
28 amendatory Act of 1992 shall commence upon the appointment
29 and expire August 1, 1994. Any vacancy in the office of a
30 member appointed by the Governor shall be filled by
31 appointment of the Governor for the remainder of the term.
32 A vacancy in the office of a member appointed by the
33 Governor exists when one or more of the following events
34 occur:
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1 (i) An appointee dies;
2 (ii) An appointee files a written resignation with
3 the Governor;
4 (iii) An appointee ceases to be a legal resident of
5 the State of Illinois; or
6 (iv) An appointee fails to attend a majority of
7 regularly scheduled Authority meetings in a fiscal year.
8 Members who are representatives of an agency shall serve
9 at the will of the agency head. Membership on the Authority
10 shall cease immediately upon cessation of their affiliation
11 with the agency. If such a vacancy occurs, the appropriate
12 agency head shall appoint another person to represent the
13 agency.
14 If a legislative member of the Authority ceases to be
15 Chairperson or Minority Spokesperson of the designated
16 Committees, they shall automatically be replaced on the
17 Authority by the person who assumes the position of
18 Chairperson or Minority Spokesperson.
19 (b) The Community and Residential Services Authority
20 shall have the following powers and duties:
21 (1) To conduct surveys to determine the extent of
22 need, the degree to which documented need is currently
23 being met and feasible alternatives for matching need
24 with resources.
25 (2) To develop policy statements for interagency
26 cooperation to cover all aspects of service delivery,
27 including laws, regulations and procedures, and clear
28 guidelines for determining responsibility at all times.
29 (3) To recommend policy statements and provide
30 information regarding effective programs for delivery of
31 services to all individuals with a who are behavior
32 disorder or a disturbed and severe emotional disturbance emotionally disturbed of all ages in public or private
34 situations.
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1 (4) To review the criteria for service eligibility,
2 provision and availability established by the
3 governmental agencies represented on this Authority, and
4 to recommend changes, additions or deletions to such
5 criteria.
6 (5) To develop and submit to the Governor, the
7 General Assembly, the Directors of the agencies
8 represented on the Authority, and the State Board of
9 Education a master plan for individuals with a who are
10 behavior disorder or a disturbed and severe emotional
11 disturbance emotionally disturbed, including detailed
12 plans of service for day schools and residential schools
13 ranging from the least to the most restrictive placement
14 options; and to assist local communities, upon request,
15 in developing or strengthening collaborative interagency
16 networks.
17 (6) To develop a process for making determinations
18 in situations where there is a dispute relative to a plan
19 of service for placements of individuals or funding for a
20 plan of service services for individual placements.
21 (7) To provide technical assistance to parents,
22 service consumers, and providers, and member agency
23 personnel regarding statutory responsibilities of human
24 service and educational agencies, and to provide such
25 assistance as deemed necessary to appropriately access
26 needed services.
27 (c) (1) The members of the Authority shall receive no
28 compensation for their services but shall be entitled to
29 reimbursement of reasonable expenses incurred while
30 performing their duties.
31 (2) The Authority may appoint special study groups to
32 operate under the direction of the Authority and persons
33 appointed to such groups shall receive only reimbursement of
34 reasonable expenses incurred in the performance of their
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1 duties.
2 (3) The Authority shall elect from its membership a
3 chairperson, vice-chairperson and secretary.
4 (4) The Authority may employ and fix the compensation of
5 such employees and technical assistants as it deems necessary
6 to carry out its powers and duties under this Act. Staff
7 assistance for the Authority shall be provided by the State
8 Board of Education.
9 (5) Funds for the ordinary and contingent expenses of
10 the Authority shall be appropriated to the State Board of
11 Education in a separate line item.
12 (6) Funds for the establishment and maintenance of the
13 Authority Resource Pool shall be appropriated to the
14 Department of Human Services, Division of Family Support
15 Services in a separate line item.
16 (d) (1) The Authority shall have power to promulgate
17 rules and regulations to carry out its powers and duties
18 under this Act.
19 (2) The Authority may accept monetary gifts or grants
20 from the federal government or any agency thereof, from any
21 charitable foundation or professional association or from any
22 other reputable source for implementation of any program
23 necessary or desirable to the carrying out of the general
24 purposes of the Authority. Such gifts and grants may be held
25 in trust by the Authority and expended in the exercise of its
26 powers and performance of its duties as prescribed by law.
27 (3) The Authority shall submit an annual report of its
28 activities and expenditures to the Governor, the General
29 Assembly, the directors of agencies represented on the
30 Authority, and the State Superintendent of Education.
31 (Source: P.A. 88-386; 89-21, eff. 7-1-95; 89-507, eff.
32 7-1-97.)
33 (105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
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1 Sec. 22-23. Sprinkler systems.
2 (a) The provisions of this Section apply to the school
3 board, board of education, board of school directors, board
4 of school inspectors or other governing body of each school
5 district in this State, including special charter districts
6 and districts organized under Article 34.
7 (b) As used in this Section, the term "school
8 construction" means (1) the construction of a new school
9 building, or addition to an existing building, within any
10 period of 30 months, having 7,200 or more square feet the
11 construction of an addition to a school building, and (2) any
12 alteration, as defined in 71 Illinois Administrative Code,
13 Section 400.210, within any period of 30 months, that costs
14 more than 50% of the reproduction cost of the existing
15 building remodeling, renovation or reconstruction project
16 affecting one or more areas of a school building which
17 cumulatively are equal to 50% or more of the square footage
18 of the school building.
19 (c) New areas or uses of buildings not required to be
20 sprinklered under this Section shall be protected with the
21 installation of an automatic fire detection system.
22 (d) (c) Notwithstanding any other provisions of this
23 Act, no school construction shall be commenced in any school
24 district on or after the effective date of this amendatory
25 Act of 1991 unless sprinkler systems are required by, and are
26 installed in accordance with approved plans and
27 specifications in the school building, addition or project
28 areas which constitute school construction as defined in
29 subsection (b). Plans and specifications shall comply with
30 rules and regulations established by the State Board of
31 Education, and such rules and regulations shall be consistent
32 so far as practicable with nationally recognized standards
33 such as those established by the National Fire Protection
34 Association.
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1 (d) Prior to the award of any contract for, or
2 commencement of any school construction, the school board or
3 other governing body of the school district shall submit
4 plans and specifications for installation of sprinkler
5 systems as required by this Section to the appropriate
6 regional superintendent of schools, who shall forward the
7 plans and specifications to the State Board of Education for
8 review and approval.
9 (Source: P.A. 87-652.)".