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90_HB3482
105 ILCS 5/14-3.01 from Ch. 122, par. 14-3.01
Amends the School Code. Makes a change of style in a
Section relating to the Advisory Council on the Education of
Children with Disabilities. Effective immediately.
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1 AN ACT to amend the School Code by changing Section
2 14-3.01.
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 14-3.01 as follows:
7 (105 ILCS 5/14-3.01) (from Ch. 122, par. 14-3.01)
8 Sec. 14-3.01. Advisory Council. There is henceforth
9 hereby created a special education Advisory Council on
10 Education of Children with Disabilities to consist of 15
11 members appointed by the Governor, who shall hold office for
12 4 years. No person shall be appointed to serve more than 2
13 consecutive terms on the Advisory Council. The terms of
14 members serving at the time of this amendatory Act of 1978
15 are not affected by this amendatory Act. The membership
16 shall include an adult with disabilities, 2 parents of
17 children with disabilities, a consumer representative, a
18 representative of a private provider, a teacher of the
19 disabled, a regional superintendent of an educational service
20 region, a superintendent of a school district, a director of
21 special education from a district of less than 500,000
22 population, a professional affiliated with an institution of
23 higher education, and a member of the general public and the
24 Director of Special Education for the Chicago Board of
25 Education, as an ex-officio voting member. Of the members
26 appointed after the effective date of this amendatory Act of
27 1978, the Governor shall appoint one member to an initial
28 term of 2 years, one member to an initial term of 3 years and
29 one member to an initial term of 4 years. Vacancies shall be
30 filled in like manner for the unexpired balance of the term.
31 The changes made to this paragraph by this amendatory Act of
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1 1995 (i) are made for purposes of changing the name of the
2 Advisory Council and the manner of referring to a portion of
3 its membership, and (ii) are not intended to create a new
4 Advisory Council or to change its existing membership or
5 otherwise disqualify any current member of the Advisory
6 Council from continued membership thereon in accordance with
7 the terms of his or her appointment.
8 Because of the responsibility of the Department of
9 Children and Family Services and the Department of Human
10 Services for special education programs, the Director of the
11 Department of Children and Family Services and the Secretary
12 of Human Services or their designees shall be ex-officio
13 voting members of the Council. In addition, 2 other persons
14 representing the Department of Human Services shall serve on
15 the Council, one as a voting member and one as a non-voting
16 member.
17 The members appointed shall be citizens of the United
18 States and of this State and shall be selected, as far as
19 practicable, on the basis of their knowledge of, or
20 experience in, problems of the education of children with
21 disabilities.
22 The State Board of Education shall seek the advice of the
23 Advisory Council regarding all rules or regulations related
24 to the education of children with disabilities to be
25 promulgated by it. The State Board shall seek the advice of
26 the Advisory Council on modifications or additions to
27 comprehensive plans submitted under Section 14-4.01.
28 Additionally, the Advisory Council shall; (a) advise the
29 General Assembly, the Governor and the State Board on the
30 unmet needs in the education of children with disabilities,
31 (b) assist the State Board in developing and reporting data
32 and evaluations which may assist the United States
33 Commissioner of Education in the performance of his
34 responsibilities under the Education of the Handicapped Act,
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1 (c) advise the State Board relative to qualifications for
2 hearing officers and the rules and procedures for hearings
3 conducted under Section 14-8.02 of this Act, (d) comment
4 publicly on any rules or regulations proposed by the State
5 regarding the education of children with disabilities and the
6 procedures for distribution of funds under this Act, and (e)
7 advise State and local educational agencies regarding
8 educational programs and materials that may be provided to
9 children with disabilities to enable them to fully exercise
10 their Constitutional and legal rights and entitlements as
11 citizens, including those afforded under the Federal
12 Rehabilitation Act of 1973, as amended, and the Illinois
13 Human Rights Act.
14 The Council shall organize with a chairman selected by
15 the Council members and shall meet at the call of the
16 chairman upon 10 days written notice but not less than 4
17 times a year. The Council shall establish such sub-committees
18 as it deems appropriate to review special education issues
19 including, but not limited to certification, finance and
20 bilingual education. The Council shall consider any rule or
21 regulation or plan submitted to it by the State Board of
22 Education within 60 days after its receipt by the chairman.
23 Members of the Council shall serve without compensation but
24 shall be entitled to reasonable amounts for expenses
25 necessarily incurred in the performance of their duties.
26 The State Board of Education shall designate an employee
27 to act as executive secretary of the Council and shall
28 furnish all professional and clerical assistance necessary
29 for the performance of its powers and duties.
30 (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.