105 ILCS 5/14-3.01
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 14 - Children With Disabilities

 (from Ch. 122, par. 14-3.01)Sec. 14-3.01.     Advisory Council.     This amendatory Act of 1998, in compliance with the reauthorization of IDEA  in 1997, makes changes in the membership and responsibilities of the Advisory  Council on the Education of Children with  Disabilities.  The Council shall provide advice and policy guidance to the  Governor, General Assembly, and the State Board of Education with respect to  special education and related services for children with disabilities.  The  State Board of Education shall seek the advice of the Advisory Council  regarding all rules and regulations related to the education of children with  disabilities that are to be promulgated by the State Board of Education.  The  State Board of Education shall seek the advice of the Advisory Council on  modifications or additions to comprehensive plans submitted under Section  14-4.01.  The Council shall consider any rule or regulation or plan submitted  to it by the State Board of Education within 60 days after its receipt by the  chairperson of the Council.Additionally, the Advisory Council shall:  (1) advise the General Assembly,  the Governor, and the State Board of Education on unmet needs in the education  of children with disabilities; (2) assist the State Board of Education in  developing evaluations and reporting on data to the United States Secretary of  Education; (3) advise the State Board of Education relative to qualifications  for hearing officers and the rules and procedures for hearings conducted under  Section 14-8.02 or 14-8.02a; (4) comment publicly on any rules or regulations  proposed by  the State regarding the education of children with disabilities and the  procedures for distribution of funds under this Act; (5) advise the State Board  of Education in developing corrective action plans to address findings  identified in federal monitoring reports pursuant to the Individuals with  Disabilities Education Act; (6) advise State and local education agencies  regarding educational programs and materials that may be provided to children  with disabilities to enable them to fully exercise their constitutional and  legal rights and entitlements as citizens, including those afforded under the  Federal Rehabilitation Act of 1973, as amended, and the Illinois Human Rights  Act; and (7)  advise the State Board of Education in developing and implementing policies  relating to the coordination of services for children with disabilities.The Council shall be composed of 27 members, including 23 voting members  appointed by the Governor and 4 ex-officio voting members.  Members shall be  broadly representative of the State's population in regard to developmental,  physical, and mental disabilities, race, ethnic background, gender, and  geographic location.  Nine members shall be parents of children with  disabilities between the ages of 3 and 21 years currently receiving special  education services at public expense.  Five members shall be individuals with  disabilities, including one student or former student who is at least 18 years  of age and no older than 21 years of age at the time of   his or her appointment to the Council and who is receiving special education  services at public expense or received those services at the time his or her  high school program terminated.  Within 30 days after  the  effective date of this amendatory Act of 1998, the Governor or his designee  shall invite statewide organizations, being as inclusive as possible and based  upon a reasonable inquiry, and Parent Training and Information Centers  representing parents of children with disabilities, individuals with  disabilities or both, to convene for the purpose of recommending  to the Governor twice the number of individuals required to be appointed as  members from each of the  categories described in this paragraph, from which the Governor may appoint the  14 members of the Council who are  parents of children with disabilities and individuals with disabilities.  The  9  members who are parents of children with disabilities between the ages of 3 and  21 years receiving special education services at public expense and the 5  members who are individuals with disabilities shall not be current full or  part-time employees of school districts, special education cooperatives,  regional service areas or centers, or any agency under the jurisdiction of any  elected State official.In addition, the Governor shall appoint one regional superintendent of  schools, one representative of an institution of higher education that prepares  special education and related services personnel, one teacher of students with  disabilities, one superintendent of a public school district, one director of a  special education cooperative or special education administrator from a school  district of less than 500,000 population, one representative of a public  charter school, one representative of a private school serving children with  disabilities, one representative of a vocational, community, or business  organization that provides transition services to children with disabilities,  and one at-large member from the general public.  In addition, the Secretary of  Human Services or his or her designee, the Director of Children and Family  Services or his or her designee, the Director of Corrections or his or her  designee, and the Director of Special Education for the City of Chicago School  District #299 or his or her designee shall serve as ex-officio voting members  of the Council.All Council members shall be legal residents of  the State of Illinois and shall be selected, as far as practicable, on the  basis of their knowledge of, or experience in, the education of children with  disabilities.The initial members to be appointed to the Council by the Governor under the  provisions of this amendatory Act of 1998 shall be appointed within 60 days  after the effective date of that amendatory Act; provided that those persons  who are serving as Council members on that effective date and who, as  determined by the Governor after consultation with the State Board of  Education, meet the requirements established by this amendatory Act for  appointment to membership on the Council shall continue to serve as  Council members until the completion of the remainder of their current terms.  The initial members of the Council who are not Council members on the effective  date of this amendatory Act of 1998 and who are appointed by the Governor under  this amendatory Act of 1998 shall by lot determine one-third of their number to  serve for a term of 2 years (provided that person appointed as the student or  former student member shall be included among those members who are to serve a  term of 2 years), one-third of their number to serve for a term of 3  years, and one-third of their number to serve for a term of 4 years; provided,  that if the total number of initial members so appointed by the Governor is not  divisible into 3 whole numbers, all of the initial members so appointed shall  by lot be assigned to 3 groups as follows:  (i) the members assigned to the  first group, who shall include the student or former student member and who  shall be equal in number  to the number of members who are assigned to the second group, shall serve for  a  term of  2 years; (ii) the members assigned to the second group, who shall be equal in  number to the number of members who are assigned to the first group, shall  serve for a  term of 3 years; and (iii) the members assigned to the third group, who shall  comprise the remainder of the initial members so appointed by the Governor and  whose number shall be either one more or one less than the number of members  assigned to either the first group or second group, shall serve for a term of 4  years.  Upon expiration of  the term of office of a member of the Council who is  not an ex-officio member, his or her successor shall be appointed by the  Governor to serve for a term of 4 years, except that a successor appointed as  the student or former student  member shall be appointed to serve for a term of 2 years.  Each member of the  Council who is not  an ex-officio member and whose term of office expires shall nevertheless  continue to serve as a Council member until his or her successor is appointed.  Each of the 4 ex-officio members of the Council shall continue to serve as a  Council member during the period in which he or she continues to hold the  office by reason of which he or she became an ex-officio member of the Council.   The initial members of the Council who are not ex-officio members shall not,  upon completion of their respective  initial terms, be appointed to serve more than one additional consecutive term  of 4 years, nor shall any successor member of the Council be appointed to serve  more than 2 full consecutive 4-year terms; provided, that a person appointed as  the student or former student member shall serve only one two-year term and  shall not be reappointed to serve for an additional term.  Vacancies in Council  memberships  held by parents of children with  disabilities or individuals with disabilities may be filled from the original  list of such parents and individuals recommended to the Governor.  The Governor  shall reconvene the group of organizations that provided the original list of  parents of children with disabilities and individuals with disabilities when  additional recommendations for those Council memberships are needed, but at a  minimum the group shall be convened every 2 years for the purpose of updating  the list of recommended parents or individuals.  A vacancy in an appointed  membership on the Council shall be filled for the unexpired balance of the term  of that membership in the same manner that the original appointment for that  membership was made.The terms of all persons serving as Advisory Council members on the effective  date of this amendatory Act of 1998 who are not determined by the Governor,  after  consultation with the State Board of Education, to meet the requirements  established by this amendatory Act for appointment to initial membership on the  Council shall terminate on the date that the Governor completes his  appointments of  the initial members of the Council under this amendatory Act, and the  members of the Council as constituted under this amendatory Act shall take  office and assume their powers and duties on that date.The Council as constituted under this amendatory Act of 1998 shall organize  with a chairperson selected by the Council members and shall meet at the call  of the chairperson upon 10 days written notice but not less than 4 times a  year.  The Council shall establish such committees and procedures as it deems  appropriate to carry out its responsibilities under this Act and the federal  Individuals with Disabilities Education Act.The State Board of Education shall designate an employee to act as executive  secretary of the Council and shall furnish all professional and clerical  assistance necessary for the performance of its duties.Members of the Council  shall serve without compensation but shall be reimbursed for the necessary  expenses incurred in the performance of their duties in accordance with the  State Board of Education's Travel Control Policy.    (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97; 90-644, eff. 7-24-98.)