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|[ Introduced ]||[ Engrossed ]||[ Enrolled ]|
|[ House Amendment 001 ]|
90_HB3484ham002 LRB9010084THpkam04 1 AMENDMENT TO HOUSE BILL 3484 2 AMENDMENT NO. . Amend House Bill 3484, AS AMENDED, 3 in the title and in the introductory clause of Section 5, by 4 replacing "14-7.03" each time it appears with "14-3.01, 5 14-7.03,"; and 6 by inserting below the last line of the introductory clause 7 of Section 5 the following: 8 "(105 ILCS 5/14-3.01) (from Ch. 122, par. 14-3.01) 9 Sec. 14-3.01. Advisory Council. This amendatory Act of 10 1998, in compliance with the reauthorization of IDEA in 1997, 11 makes changes in the membership and responsibilities of the 12 Advisory Council on the Education of Children with 13 Disabilities. The Council shall provide advice and policy 14 guidance to the Governor, General Assembly, and the State 15 Board of Education with respect to special education and 16 related services for children with disabilities. The State 17 Board of Education shall seek the advice of the Advisory 18 Council regarding all rules and regulations related to the 19 education of children with disabilities that are to be 20 promulgated by the State Board of Education. The State Board 21 of Education shall seek the advice of the Advisory Council on 22 modifications or additions to comprehensive plans submitted -2- LRB9010084THpkam04 1 under Section 14-4.01. The Council shall consider any rule 2 or regulation or plan submitted to it by the State Board of 3 Education within 60 days after its receipt by the chairperson 4 of the Council. 5 Additionally, the Advisory Council shall: (1) advise the 6 General Assembly, the Governor, and the State Board of 7 Education on unmet needs in the education of children with 8 disabilities; (2) assist the State Board of Education in 9 developing evaluations and reporting on data to the United 10 States Secretary of Education; (3) advise the State Board of 11 Education relative to qualifications for hearing officers and 12 the rules and procedures for hearings conducted under Section 13 14-8.02 or 14-8.02a; (4) comment publicly on any rules or 14 regulations proposed by the State regarding the education of 15 children with disabilities and the procedures for 16 distribution of funds under this Act; (5) advise the State 17 Board of Education in developing corrective action plans to 18 address findings identified in federal monitoring reports 19 pursuant to the Individuals with Disabilities Education Act; 20 (6) advise State and local education agencies regarding 21 educational programs and materials that may be provided to 22 children with disabilities to enable them to fully exercise 23 their constitutional and legal rights and entitlements as 24 citizens, including those afforded under the Federal 25 Rehabilitation Act of 1973, as amended, and the Illinois 26 Human Rights Act; and (7) advise the State Board of Education 27 in developing and implementing policies relating to the 28 coordination of services for children with disabilities. 29 The Council shall be composed of 27 members, including 23 30 voting members appointed by the Governor and 4 ex-officio 31 voting members. Members shall be broadly representative of 32 the State's population in regard to developmental, physical, 33 and mental disabilities, race, ethnic background, gender, and 34 geographic location. Nine members shall be parents of -3- LRB9010084THpkam04 1 children with disabilities between the ages of 3 and 21 years 2 currently receiving special education services at public 3 expense. Five members shall be individuals with 4 disabilities, including one student or former student who is 5 at least 18 years of age and no older than 21 years of age at 6 the time of his or her appointment to the Council and who is 7 receiving special education services at public expense or 8 received those services at the time his or her high school 9 program terminated. Within 30 days after the effective date 10 of this amendatory Act of 1998, the Governor or his designee 11 shall invite statewide organizations, being as inclusive as 12 possible and based upon a reasonable inquiry, and Parent 13 Training and Information Centers representing parents of 14 children with disabilities, individuals with disabilities or 15 both, to convene for the purpose of recommending to the 16 Governor twice the number of individuals required to be 17 appointed as members from each of the categories described in 18 this paragraph, from which the Governor may appoint the 14 19 members of the Council who are parents of children with 20 disabilities and individuals with disabilities. The 9 21 members who are parents of children with disabilities between 22 the ages of 3 and 21 years receiving special education 23 services at public expense and the 5 members who are 24 individuals with disabilities shall not be current full or 25 part-time employees of school districts, special education 26 cooperatives, regional service areas or centers, or any 27 agency under the jurisdiction of any elected State official. 28 In addition, the Governor shall appoint one regional 29 superintendent of schools, one representative of an 30 institution of higher education that prepares special 31 education and related services personnel, one teacher of 32 students with disabilities, one superintendent of a public 33 school district, one director of a special education 34 cooperative or special education administrator from a school -4- LRB9010084THpkam04 1 district of less than 500,000 population, one representative 2 of a public charter school, one representative of a private 3 school serving children with disabilities, one representative 4 of a vocational, community, or business organization that 5 provides transition services to children with disabilities, 6 and one at-large member from the general public. In 7 addition, the Secretary of Human Services or his or her 8 designee, the Director of Children and Family Services or his 9 or her designee, the Director of Corrections or his or her 10 designee, and the Director of Special Education for the City 11 of Chicago School District #299 or his or her designee shall 12 serve as ex-officio voting members of the Council. 13 All Council members shall be legal residents of the State 14 of Illinois and shall be selected, as far as practicable, on 15 the basis of their knowledge of, or experience in, the 16 education of children with disabilities. 17 The initial members to be appointed to the Council by the 18 Governor under the provisions of this amendatory Act of 1998 19 shall be appointed within 60 days after the effective date of 20 that amendatory Act; provided that those persons who are 21 serving as Council members on that effective date and who, as 22 determined by the Governor after consultation with the State 23 Board of Education, meet the requirements established by this 24 amendatory Act for appointment to membership on the Council 25 shall continue to serve as Council members until the 26 completion of the remainder of their current terms. The 27 initial members of the Council who are not Council members on 28 the effective date of this amendatory Act of 1998 and who are 29 appointed by the Governor under this amendatory Act of 1998 30 shall by lot determine one-third of their number to serve for 31 a term of 2 years (provided that person appointed as the 32 student or former student member shall be included among 33 those members who are to serve a term of 2 years), one-third 34 of their number to serve for a term of 3 years, and one-third -5- LRB9010084THpkam04 1 of their number to serve for a term of 4 years; provided, 2 that if the total number of initial members so appointed by 3 the Governor is not divisible into 3 whole numbers, all of 4 the initial members so appointed shall by lot be assigned to 5 3 groups as follows: (i) the members assigned to the first 6 group, who shall include the student or former student member 7 and who shall be equal in number to the number of members who 8 are assigned to the second group, shall serve for a term of 2 9 years; (ii) the members assigned to the second group, who 10 shall be equal in number to the number of members who are 11 assigned to the first group, shall serve for a term of 3 12 years; and (iii) the members assigned to the third group, who 13 shall comprise the remainder of the initial members so 14 appointed by the Governor and whose number shall be either 15 one more or one less than the number of members assigned to 16 either the first group or second group, shall serve for a 17 term of 4 years. Upon expiration of the term of office of a 18 member of the Council who is not an ex-officio member, his or 19 her successor shall be appointed by the Governor to serve for 20 a term of 4 years, except that a successor appointed as the 21 student or former student member shall be appointed to serve 22 for a term of 2 years. Each member of the Council who is not 23 an ex-officio member and whose term of office expires shall 24 nevertheless continue to serve as a Council member until his 25 or her successor is appointed. Each of the 4 ex-officio 26 members of the Council shall continue to serve as a Council 27 member during the period in which he or she continues to hold 28 the office by reason of which he or she became an ex-officio 29 member of the Council. The initial members of the Council 30 who are not ex-officio members shall not, upon completion of 31 their respective initial terms, be appointed to serve more 32 than one additional consecutive term of 4 years, nor shall 33 any successor member of the Council be appointed to serve 34 more than 2 full consecutive 4-year terms; provided, that a -6- LRB9010084THpkam04 1 person appointed as the student or former student member 2 shall serve only one two-year term and shall not be 3 reappointed to serve for an additional term. Vacancies in 4 Council memberships held by parents of children with 5 disabilities or individuals with disabilities may be filled 6 from the original list of such parents and individuals 7 recommended to the Governor. The Governor shall reconvene 8 the group of organizations that provided the original list of 9 parents of children with disabilities and individuals with 10 disabilities when additional recommendations for those 11 Council memberships are needed, but at a minimum the group 12 shall be convened every 2 years for the purpose or updating 13 the list of recommended parents or individuals. A vacancy in 14 an appointed membership on the Council shall be filled for 15 the unexpired balance of the term of that membership in the 16 same manner that the original appointment for that membership 17 was made. 18 The terms of all persons serving as Advisory Council 19 members on the effective date of this amendatory Act of 1998 20 who are not determined by the Governor, after consultation 21 with the State Board of Education, to meet the requirements 22 established by this amendatory Act for appointment to initial 23 membership on the Council shall terminate on the date that 24 the Governor completes his appointments of the initial 25 members of the Council under this amendatory Act, and the 26 members of the Council as constituted under this amendatory 27 Act shall take office and assume their powers and duties on 28 that date. 29 The Council as constituted under this amendatory Act of 30 1998 shall organize with a chairperson selected by the 31 Council members and shall meet at the call of the chairperson 32 upon 10 day's written notice but not less than 4 times a 33 year. The Council shall establish such committees and 34 procedures as it deems appropriate to carry out its -7- LRB9010084THpkam04 1 responsibilities under this Act and the federal Individuals 2 with Disabilities Education Act. 3 The State Board of Education shall designate an employee 4 to act as executive secretary of the Council and shall 5 furnish all professional and clerical assistance necessary 6 for the performance of its duties. 7 Members of the Council shall serve without compensation 8 but shall be reimbursed for the necessary expenses incurred 9 in the performance of their duties in accordance with the 10 State Board of Education's Travel Control Policy.
There is11 hereby created a special education Advisory Council on12 Education of Children with Disabilities to consist of 1513 members appointed by the Governor, who shall hold office for14 4 years. No person shall be appointed to serve more than 215 consecutive terms on the Advisory Council. The terms of16 members serving at the time of this amendatory Act of 197817 are not affected by this amendatory Act. The membership18 shall include an adult with disabilities, 2 parents of19 children with disabilities, a consumer representative, a20 representative of a private provider, a teacher of the21 disabled, a regional superintendent of an educational service22 region, a superintendent of a school district, a director of23 special education from a district of less than 500,00024 population, a professional affiliated with an institution of25 higher education, and a member of the general public and the26 Director of Special Education for the Chicago Board of27 Education, as an ex-officio voting member. Of the members28 appointed after the effective date of this amendatory Act of29 1978, the Governor shall appoint one member to an initial30 term of 2 years, one member to an initial term of 3 years and31 one member to an initial term of 4 years. Vacancies shall be32 filled in like manner for the unexpired balance of the term.33 The changes made to this paragraph by this amendatory Act of34 1995 (i) are made for purposes of changing the name of the-8- LRB9010084THpkam04 1 Advisory Council and the manner of referring to a portion of2 its membership, and (ii) are not intended to create a new3 Advisory Council or to change its existing membership or4 otherwise disqualify any current member of the Advisory5 Council from continued membership thereon in accordance with6 the terms of his or her appointment.7 Because of the responsibility of the Department of8 Children and Family Services and the Department of Human9 Services for special education programs, the Director of the10 Department of Children and Family Services and the Secretary11 of Human Services or their designees shall be ex-officio12 voting members of the Council. In addition, 2 other persons13 representing the Department of Human Services shall serve on14 the Council, one as a voting member and one as a non-voting15 member.16 The members appointed shall be citizens of the United17 States and of this State and shall be selected, as far as18 practicable, on the basis of their knowledge of, or19 experience in, problems of the education of children with20 disabilities.21 The State Board of Education shall seek the advice of the22 Advisory Council regarding all rules or regulations related23 to the education of children with disabilities to be24 promulgated by it. The State Board shall seek the advice of25 the Advisory Council on modifications or additions to26 comprehensive plans submitted under Section 14-4.01.27 Additionally, the Advisory Council shall; (a) advise the28 General Assembly, the Governor and the State Board on the29 unmet needs in the education of children with disabilities,30 (b) assist the State Board in developing and reporting data31 and evaluations which may assist the United States32 Commissioner of Education in the performance of his33 responsibilities under the Education of the Handicapped Act,34 (c) advise the State Board relative to qualifications for-9- LRB9010084THpkam04 1 hearing officers and the rules and procedures for hearings2 conducted under Section 14-8.02 of this Act, (d) comment3 publicly on any rules or regulations proposed by the State4 regarding the education of children with disabilities and the5 procedures for distribution of funds under this Act, and (e)6 advise State and local educational agencies regarding7 educational programs and materials that may be provided to8 children with disabilities to enable them to fully exercise9 their Constitutional and legal rights and entitlements as10 citizens, including those afforded under the Federal11 Rehabilitation Act of 1973, as amended, and the Illinois12 Human Rights Act.13 The Council shall organize with a chairman selected by14 the Council members and shall meet at the call of the15 chairman upon 10 days written notice but not less than 416 times a year. The Council shall establish such sub-committees17 as it deems appropriate to review special education issues18 including, but not limited to certification, finance and19 bilingual education. The Council shall consider any rule or20 regulation or plan submitted to it by the State Board of21 Education within 60 days after its receipt by the chairman.22 Members of the Council shall serve without compensation but23 shall be entitled to reasonable amounts for expenses24 necessarily incurred in the performance of their duties.25 The State Board of Education shall designate an employee26 to act as executive secretary of the Council and shall27 furnish all professional and clerical assistance necessary28 for the performance of its powers and duties.29 (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)".
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