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90_SB1561
105 ILCS 5/14-15.01 from Ch. 122, par. 14-15.01
Amends the School Code. Removes the provision that the
Community and Residential Services Authority shall include a
representative of the Department of Public Health. Increases
the number of representatives from the Department of Human
Services on that Authority from 3 to 4 and specifies from
which divisions those members shall be appointed.
LRB9011314LDdv
LRB9011314LDdv
1 AN ACT to amend the School Code by changing Section
2 14-15.01.
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 Section 14-15.01 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 is hereby created and shall consist of the following members:
12 A representative of the State Board of Education;
13 Four Three representatives of the Department of Human
14 Services; one of whom shall be from the Division of Community
15 Health and Prevention and 3 of whom shall be from the
16 Division of Disability and Behavioral Health Services, with
17 one each from the Offices of Developmental Disabilities,
18 Mental Health, and Rehabilitation Services;
19 A representative of the Department of Children and Family
20 Services;
21 A representative of the Department of Public Health;
22 A representative of the Department of Corrections;
23 A representative of the Department of Public Aid;
24 A representative of the Attorney General's Disability
25 Rights Advocacy Division;
26 The Chairperson and Minority Spokesperson of the House
27 and Senate Committees on Elementary and Secondary Education
28 or their designees; and
29 Six persons appointed by the Governor. Five of such
30 appointees shall be experienced or knowledgeable relative to
31 provision of services for individuals with a behavior
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1 disorder or a severe emotional disturbance and shall include
2 representatives of both the private and public sectors,
3 except that no more than 2 of those 5 appointees may be from
4 the public sector and at least 2 must be or have been
5 directly involved in provision of services to such
6 individuals. The remaining member appointed by the Governor
7 shall be or shall have been a parent of an individual with a
8 behavior disorder or a severe emotional disturbance, and that
9 appointee may be from either the private or the public
10 sector.
11 (2) Members appointed by the Governor shall be appointed
12 for terms of 4 years and shall continue to serve until their
13 respective successors are appointed; provided that the terms
14 of the original appointees shall expire on August 1, 1990,
15 and the term of the additional member appointed under this
16 amendatory Act of 1992 shall commence upon the appointment
17 and expire August 1, 1994. Any vacancy in the office of a
18 member appointed by the Governor shall be filled by
19 appointment of the Governor for the remainder of the term.
20 A vacancy in the office of a member appointed by the
21 Governor exists when one or more of the following events
22 occur:
23 (i) An appointee dies;
24 (ii) An appointee files a written resignation with
25 the Governor;
26 (iii) An appointee ceases to be a legal resident of
27 the State of Illinois; or
28 (iv) An appointee fails to attend a majority of
29 regularly scheduled Authority meetings in a fiscal year.
30 Members who are representatives of an agency shall serve
31 at the will of the agency head. Membership on the Authority
32 shall cease immediately upon cessation of their affiliation
33 with the agency. If such a vacancy occurs, the appropriate
34 agency head shall appoint another person to represent the
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1 agency.
2 If a legislative member of the Authority ceases to be
3 Chairperson or Minority Spokesperson of the designated
4 Committees, they shall automatically be replaced on the
5 Authority by the person who assumes the position of
6 Chairperson or Minority Spokesperson.
7 (b) The Community and Residential Services Authority
8 shall have the following powers and duties:
9 (1) To conduct surveys to determine the extent of
10 need, the degree to which documented need is currently
11 being met and feasible alternatives for matching need
12 with resources.
13 (2) To develop policy statements for interagency
14 cooperation to cover all aspects of service delivery,
15 including laws, regulations and procedures, and clear
16 guidelines for determining responsibility at all times.
17 (3) To recommend policy statements and provide
18 information regarding effective programs for delivery of
19 services to all individuals with a behavior disorder or a
20 severe emotional disturbance 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 behavior
31 disorder or a severe emotional disturbance, including
32 detailed plans of service ranging from the least to the
33 most restrictive options; and to assist local
34 communities, upon request, in developing or strengthening
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1 collaborative interagency networks.
2 (6) To develop a process for making determinations
3 in situations where there is a dispute relative to a plan
4 of service for individuals or funding for a plan of
5 service.
6 (7) To provide technical assistance to parents,
7 service consumers, providers, and member agency personnel
8 regarding statutory responsibilities of human service and
9 educational agencies, and to provide such assistance as
10 deemed necessary to appropriately access needed services.
11 (c) (1) The members of the Authority shall receive no
12 compensation for their services but shall be entitled to
13 reimbursement of reasonable expenses incurred while
14 performing their duties.
15 (2) The Authority may appoint special study groups to
16 operate under the direction of the Authority and persons
17 appointed to such groups shall receive only reimbursement of
18 reasonable expenses incurred in the performance of their
19 duties.
20 (3) The Authority shall elect from its membership a
21 chairperson, vice-chairperson and secretary.
22 (4) The Authority may employ and fix the compensation of
23 such employees and technical assistants as it deems necessary
24 to carry out its powers and duties under this Act. Staff
25 assistance for the Authority shall be provided by the State
26 Board of Education.
27 (5) Funds for the ordinary and contingent expenses of
28 the Authority shall be appropriated to the State Board of
29 Education in a separate line item.
30 (d) (1) The Authority shall have power to promulgate
31 rules and regulations to carry out its powers and duties
32 under this Act.
33 (2) The Authority may accept monetary gifts or grants
34 from the federal government or any agency thereof, from any
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1 charitable foundation or professional association or from any
2 other reputable source for implementation of any program
3 necessary or desirable to the carrying out of the general
4 purposes of the Authority. Such gifts and grants may be held
5 in trust by the Authority and expended in the exercise of its
6 powers and performance of its duties as prescribed by law.
7 (3) The Authority shall submit an annual report of its
8 activities and expenditures to the Governor, the General
9 Assembly, the directors of agencies represented on the
10 Authority, and the State Superintendent of Education.
11 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97;
12 90-566, eff. 1-2-98.)