101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3973

 

Introduced , by Rep. Keith R. Wheeler

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-7.02  from Ch. 122, par. 14-7.02

    Amends the Children with Disabilities Article of the School Code. Allows a private special education facility in this State that is a nonprofit entity and that provides special education services only to students who are referred to it by a public school district in this State to require tuition payments by a school district monthly prior to the provision of special education services in accordance with a student's individualized education program for the period that the student is enrolled in the facility pursuant to a placement contract between the facility and the student's school district. Provides that, at or before the end of each regular school term and each summer school term, the private special education facility shall refund to a school district any tuition funds collected by the facility for days that a student was not enrolled in the facility, and if, for any reason, the facility does not satisfy the requirements of the Article or any rules adopted by the State Board of Education regulating private special education facilities, then the State Board, at the request of the school district, may determine that the facility shall refund any tuition funds collected by the facility for days that it was determined by the State Board that the facility was in noncompliance with special education rules. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
514-7.02 as follows:
 
6    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
7    Sec. 14-7.02. Children attending private schools, public
8out-of-state schools, public school residential facilities or
9private special education facilities. The General Assembly
10recognizes that non-public schools or special education
11facilities provide an important service in the educational
12system in Illinois.
13    If because of his or her disability the special education
14program of a district is unable to meet the needs of a child
15and the child attends a non-public school or special education
16facility, a public out-of-state school or a special education
17facility owned and operated by a county government unit that
18provides special educational services required by the child and
19is in compliance with the appropriate rules and regulations of
20the State Superintendent of Education, the school district in
21which the child is a resident shall pay the actual cost of
22tuition for special education and related services provided
23during the regular school term and during the summer school

 

 

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1term if the child's educational needs so require, excluding
2room, board and transportation costs charged the child by that
3non-public school or special education facility, public
4out-of-state school or county special education facility, or
5$4,500 per year, whichever is less, and shall provide him any
6necessary transportation. "Nonpublic special education
7facility" shall include a residential facility, within or
8without the State of Illinois, which provides special education
9and related services to meet the needs of the child by
10utilizing private schools or public schools, whether located on
11the site or off the site of the residential facility.
12    The State Board of Education shall promulgate rules and
13regulations for determining when placement in a private special
14education facility is appropriate. Such rules and regulations
15shall take into account the various types of services needed by
16a child and the availability of such services to the particular
17child in the public school. In developing these rules and
18regulations the State Board of Education shall consult with the
19Advisory Council on Education of Children with Disabilities and
20hold public hearings to secure recommendations from parents,
21school personnel, and others concerned about this matter.
22    The State Board of Education shall also promulgate rules
23and regulations for transportation to and from a residential
24school. Transportation to and from home to a residential school
25more than once each school term shall be subject to prior
26approval by the State Superintendent in accordance with the

 

 

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1rules and regulations of the State Board.
2    A private special education facility in this State that is
3a nonprofit entity and that provides special education services
4only to students who are referred to it by a public school
5district in this State may require tuition payments by a school
6district monthly prior to the provision of special education
7services in accordance with a student's individualized
8education program for the period that the student is enrolled
9in the facility pursuant to a placement contract between the
10facility and the student's school district. At or before the
11end of each regular school term and each summer school term,
12the private special education facility shall refund to a school
13district any tuition funds collected by the facility for days
14that a student was not enrolled in the facility, and if, for
15any reason, the facility does not satisfy the requirements of
16this Article or any rules adopted by the State Board of
17Education regulating private special education facilities,
18then the State Board, at the request of the school district,
19may determine that the facility shall refund any tuition funds
20collected by the facility for days that it was determined by
21the State Board that the facility was in noncompliance with
22special education rules. The facility shall refund the school
23district following the determination by the State Board.
24    A school district making tuition payments pursuant to this
25Section is eligible for reimbursement from the State for the
26amount of such payments actually made in excess of the district

 

 

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1per capita tuition charge for students not receiving special
2education services. Such reimbursement shall be approved in
3accordance with Section 14-12.01 and each district shall file
4its claims, computed in accordance with rules prescribed by the
5State Board of Education, on forms prescribed by the State
6Superintendent of Education. Data used as a basis of
7reimbursement claims shall be for the preceding regular school
8term and summer school term. Each school district shall
9transmit its claims to the State Board of Education on or
10before August 15. The State Board of Education, before
11approving any such claims, shall determine their accuracy and
12whether they are based upon services and facilities provided
13under approved programs. Upon approval the State Board shall
14cause vouchers to be prepared showing the amount due for
15payment of reimbursement claims to school districts, for
16transmittal to the State Comptroller on the 30th day of
17September, December, and March, respectively, and the final
18voucher, no later than June 20. If the money appropriated by
19the General Assembly for such purpose for any year is
20insufficient, it shall be apportioned on the basis of the
21claims approved.
22    No child shall be placed in a special education program
23pursuant to this Section if the tuition cost for special
24education and related services increases more than 10 percent
25over the tuition cost for the previous school year or exceeds
26$4,500 per year unless such costs have been approved by the

 

 

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1Illinois Purchased Care Review Board. The Illinois Purchased
2Care Review Board shall consist of the following persons, or
3their designees: the Directors of Children and Family Services,
4Public Health, Public Aid, and the Governor's Office of
5Management and Budget; the Secretary of Human Services; the
6State Superintendent of Education; and such other persons as
7the Governor may designate. The Review Board shall also consist
8of one non-voting member who is an administrator of a private,
9nonpublic, special education school. The Review Board shall
10establish rules and regulations for its determination of
11allowable costs and payments made by local school districts for
12special education, room and board, and other related services
13provided by non-public schools or special education facilities
14and shall establish uniform standards and criteria which it
15shall follow. The Review Board shall approve the usual and
16customary rate or rates of a special education program that (i)
17is offered by an out-of-state, non-public provider of
18integrated autism specific educational and autism specific
19residential services, (ii) offers 2 or more levels of
20residential care, including at least one locked facility, and
21(iii) serves 12 or fewer Illinois students.
22    In determining rates based on allowable costs, the Review
23Board shall consider any wage increases awarded by the General
24Assembly to front line personnel defined as direct support
25persons, aides, front-line supervisors, qualified intellectual
26disabilities professionals, nurses, and non-administrative

 

 

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1support staff working in service settings in community-based
2settings within the State and adjust customary rates or rates
3of a special education program to be equitable to the wage
4increase awarded to similar staff positions in a community
5residential setting. Any wage increase awarded by the General
6Assembly to front line personnel defined as direct support
7persons, aides, front-line supervisors, qualified intellectual
8disabilities professionals, nurses, and non-administrative
9support staff working in community-based settings within the
10State, including the $0.75 per hour increase contained in
11Public Act 100-23 and the $0.50 per hour increase included in
12Public Act 100-23, shall also be a basis for any facility
13covered by this Section to appeal its rate before the Review
14Board under the process defined in Title 89, Part 900, Section
15340 of the Illinois Administrative Code. Illinois
16Administrative Code Title 89, Part 900, Section 342 shall be
17updated to recognize wage increases awarded to community-based
18settings to be a basis for appeal. However, any wage increase
19that is captured upon appeal from a previous year shall not be
20counted by the Review Board as revenue for the purpose of
21calculating a facility's future rate.
22    Any definition used by the Review Board in administrative
23rule or policy to define "related organizations" shall include
24any and all exceptions contained in federal law or regulation
25as it pertains to the federal definition of "related
26organizations".

 

 

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1    The Review Board shall establish uniform definitions and
2criteria for accounting separately by special education, room
3and board and other related services costs. The Board shall
4also establish guidelines for the coordination of services and
5financial assistance provided by all State agencies to assure
6that no otherwise qualified child with a disability receiving
7services under Article 14 shall be excluded from participation
8in, be denied the benefits of or be subjected to discrimination
9under any program or activity provided by any State agency.
10    The Review Board shall review the costs for special
11education and related services provided by non-public schools
12or special education facilities and shall approve or disapprove
13such facilities in accordance with the rules and regulations
14established by it with respect to allowable costs.
15    The State Board of Education shall provide administrative
16and staff support for the Review Board as deemed reasonable by
17the State Superintendent of Education. This support shall not
18include travel expenses or other compensation for any Review
19Board member other than the State Superintendent of Education.
20    The Review Board shall seek the advice of the Advisory
21Council on Education of Children with Disabilities on the rules
22and regulations to be promulgated by it relative to providing
23special education services.
24    If a child has been placed in a program in which the actual
25per pupil costs of tuition for special education and related
26services based on program enrollment, excluding room, board and

 

 

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1transportation costs, exceed $4,500 and such costs have been
2approved by the Review Board, the district shall pay such total
3costs which exceed $4,500. A district making such tuition
4payments in excess of $4,500 pursuant to this Section shall be
5responsible for an amount in excess of $4,500 equal to the
6district per capita tuition charge and shall be eligible for
7reimbursement from the State for the amount of such payments
8actually made in excess of the districts per capita tuition
9charge for students not receiving special education services.
10    If a child has been placed in an approved individual
11program and the tuition costs including room and board costs
12have been approved by the Review Board, then such room and
13board costs shall be paid by the appropriate State agency
14subject to the provisions of Section 14-8.01 of this Act. Room
15and board costs not provided by a State agency other than the
16State Board of Education shall be provided by the State Board
17of Education on a current basis. In no event, however, shall
18the State's liability for funding of these tuition costs begin
19until after the legal obligations of third party payors have
20been subtracted from such costs. If the money appropriated by
21the General Assembly for such purpose for any year is
22insufficient, it shall be apportioned on the basis of the
23claims approved. Each district shall submit estimated claims to
24the State Superintendent of Education. Upon approval of such
25claims, the State Superintendent of Education shall direct the
26State Comptroller to make payments on a monthly basis. The

 

 

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1frequency for submitting estimated claims and the method of
2determining payment shall be prescribed in rules and
3regulations adopted by the State Board of Education. Such
4current state reimbursement shall be reduced by an amount equal
5to the proceeds which the child or child's parents are eligible
6to receive under any public or private insurance or assistance
7program. Nothing in this Section shall be construed as
8relieving an insurer or similar third party from an otherwise
9valid obligation to provide or to pay for services provided to
10a child with a disability.
11    If it otherwise qualifies, a school district is eligible
12for the transportation reimbursement under Section 14-13.01
13and for the reimbursement of tuition payments under this
14Section whether the non-public school or special education
15facility, public out-of-state school or county special
16education facility, attended by a child who resides in that
17district and requires special educational services, is within
18or outside of the State of Illinois. However, a district is not
19eligible to claim transportation reimbursement under this
20Section unless the district certifies to the State
21Superintendent of Education that the district is unable to
22provide special educational services required by the child for
23the current school year.
24    Nothing in this Section authorizes the reimbursement of a
25school district for the amount paid for tuition of a child
26attending a non-public school or special education facility,

 

 

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1public out-of-state school or county special education
2facility unless the school district certifies to the State
3Superintendent of Education that the special education program
4of that district is unable to meet the needs of that child
5because of his disability and the State Superintendent of
6Education finds that the school district is in substantial
7compliance with Section 14-4.01. However, if a child is
8unilaterally placed by a State agency or any court in a
9non-public school or special education facility, public
10out-of-state school, or county special education facility, a
11school district shall not be required to certify to the State
12Superintendent of Education, for the purpose of tuition
13reimbursement, that the special education program of that
14district is unable to meet the needs of a child because of his
15or her disability.
16    Any educational or related services provided, pursuant to
17this Section in a non-public school or special education
18facility or a special education facility owned and operated by
19a county government unit shall be at no cost to the parent or
20guardian of the child. However, current law and practices
21relative to contributions by parents or guardians for costs
22other than educational or related services are not affected by
23this amendatory Act of 1978.
24    Reimbursement for children attending public school
25residential facilities shall be made in accordance with the
26provisions of this Section.

 

 

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1    Notwithstanding any other provision of law, any school
2district receiving a payment under this Section or under
3Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
4all or a portion of the funds that it receives in a particular
5fiscal year or from general State aid pursuant to Section
618-8.05 of this Code as funds received in connection with any
7funding program for which it is entitled to receive funds from
8the State in that fiscal year (including, without limitation,
9any funding program referenced in this Section), regardless of
10the source or timing of the receipt. The district may not
11classify more funds as funds received in connection with the
12funding program than the district is entitled to receive in
13that fiscal year for that program. Any classification by a
14district must be made by a resolution of its board of
15education. The resolution must identify the amount of any
16payments or general State aid to be classified under this
17paragraph and must specify the funding program to which the
18funds are to be treated as received in connection therewith.
19This resolution is controlling as to the classification of
20funds referenced therein. A certified copy of the resolution
21must be sent to the State Superintendent of Education. The
22resolution shall still take effect even though a copy of the
23resolution has not been sent to the State Superintendent of
24Education in a timely manner. No classification under this
25paragraph by a district shall affect the total amount or timing
26of money the district is entitled to receive under this Code.

 

 

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1No classification under this paragraph by a district shall in
2any way relieve the district from or affect any requirements
3that otherwise would apply with respect to that funding
4program, including any accounting of funds by source, reporting
5expenditures by original source and purpose, reporting
6requirements, or requirements of providing services.
7(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.