Rep. Lou Lang

Filed: 10/19/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 604

2    AMENDMENT NO. ______. Amend House Bill 604 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1facility owned and operated by a county government unit that
2provides special educational services required by the child and
3is in compliance with the appropriate rules and regulations of
4the State Superintendent of Education, the school district in
5which the child is a resident shall pay the actual cost of
6tuition for special education and related services provided
7during the regular school term and during the summer school
8term if the child's educational needs so require, excluding
9room, board and transportation costs charged the child by that
10non-public school or special education facility, public
11out-of-state school or county special education facility, or
12$4,500 per year, whichever is less, and shall provide him any
13necessary transportation. "Nonpublic special education
14facility" shall include a residential facility, within or
15without the State of Illinois, which provides special education
16and related services to meet the needs of the child by
17utilizing private schools or public schools, whether located on
18the site or off the site of the residential facility.
19    The State Board of Education shall promulgate rules and
20regulations for determining when placement in a private special
21education facility is appropriate. Such rules and regulations
22shall take into account the various types of services needed by
23a child and the availability of such services to the particular
24child in the public school. In developing these rules and
25regulations the State Board of Education shall consult with the
26Advisory Council on Education of Children with Disabilities and

 

 

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1hold public hearings to secure recommendations from parents,
2school personnel, and others concerned about this matter.
3    The State Board of Education shall also promulgate rules
4and regulations for transportation to and from a residential
5school. Transportation to and from home to a residential school
6more than once each school term shall be subject to prior
7approval by the State Superintendent in accordance with the
8rules and regulations of the State Board.
9    A school district making tuition payments pursuant to this
10Section is eligible for reimbursement from the State for the
11amount of such payments actually made in excess of the district
12per capita tuition charge for students not receiving special
13education services. Such reimbursement shall be approved in
14accordance with Section 14-12.01 and each district shall file
15its claims, computed in accordance with rules prescribed by the
16State Board of Education, on forms prescribed by the State
17Superintendent of Education. Data used as a basis of
18reimbursement claims shall be for the preceding regular school
19term and summer school term. Each school district shall
20transmit its claims to the State Board of Education on or
21before August 15. The State Board of Education, before
22approving any such claims, shall determine their accuracy and
23whether they are based upon services and facilities provided
24under approved programs. Upon approval the State Board shall
25cause vouchers to be prepared showing the amount due for
26payment of reimbursement claims to school districts, for

 

 

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1transmittal to the State Comptroller on the 30th day of
2September, December, and March, respectively, and the final
3voucher, no later than June 20. If the money appropriated by
4the General Assembly for such purpose for any year is
5insufficient, it shall be apportioned on the basis of the
6claims approved.
7    No child shall be placed in a special education program
8pursuant to this Section if the tuition cost for special
9education and related services increases more than 10 percent
10over the tuition cost for the previous school year or exceeds
11$4,500 per year unless such costs have been approved by the
12Illinois Purchased Care Review Board. The Illinois Purchased
13Care Review Board shall consist of the following persons, or
14their designees: the Directors of Children and Family Services,
15Public Health, Public Aid, and the Governor's Office of
16Management and Budget; the Secretary of Human Services; the
17State Superintendent of Education; and such other persons as
18the Governor may designate. The Review Board shall establish
19rules and regulations for its determination of allowable costs
20and payments made by local school districts for special
21education, room and board, and other related services provided
22by non-public schools or special education facilities and shall
23establish uniform standards and criteria which it shall follow.
24Notwithstanding any other provision of this Section, the rates
25for the 2010-2011 school year for a qualifying provider shall
26be set at the levels previously approved by the Review Board

 

 

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1for the 2009-2010 school year. For purposes of this amendatory
2Act of the 97th General Assembly, a qualifying provider is one
3that meets all of the following conditions: (1) served no more
4than 5 Illinois children at any one time during the school
5years 2003-2004 through 2008-2009; (2) served more than 5 but
6fewer 10 Illinois children at any one time during the 2010-2011
7school year; (3) received Review Board approval for rates on a
8negotiated basis by Board rule for school years 2003-2004
9through 2009-2010; (4) provides educational and residential
10services, including autism-spectrum disorder services, with
11locked and open residential care and with an on-site school;
12and (5) is a non-public provider located outside the State.
13    The Review Board shall establish uniform definitions and
14criteria for accounting separately by special education, room
15and board and other related services costs. The Board shall
16also establish guidelines for the coordination of services and
17financial assistance provided by all State agencies to assure
18that no otherwise qualified disabled child receiving services
19under Article 14 shall be excluded from participation in, be
20denied the benefits of or be subjected to discrimination under
21any program or activity provided by any State agency.
22    The Review Board shall review the costs for special
23education and related services provided by non-public schools
24or special education facilities and shall approve or disapprove
25such facilities in accordance with the rules and regulations
26established by it with respect to allowable costs.

 

 

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1    The State Board of Education shall provide administrative
2and staff support for the Review Board as deemed reasonable by
3the State Superintendent of Education. This support shall not
4include travel expenses or other compensation for any Review
5Board member other than the State Superintendent of Education.
6    The Review Board shall seek the advice of the Advisory
7Council on Education of Children with Disabilities on the rules
8and regulations to be promulgated by it relative to providing
9special education services.
10    If a child has been placed in a program in which the actual
11per pupil costs of tuition for special education and related
12services based on program enrollment, excluding room, board and
13transportation costs, exceed $4,500 and such costs have been
14approved by the Review Board, the district shall pay such total
15costs which exceed $4,500. A district making such tuition
16payments in excess of $4,500 pursuant to this Section shall be
17responsible for an amount in excess of $4,500 equal to the
18district per capita tuition charge and shall be eligible for
19reimbursement from the State for the amount of such payments
20actually made in excess of the districts per capita tuition
21charge for students not receiving special education services.
22    If a child has been placed in an approved individual
23program and the tuition costs including room and board costs
24have been approved by the Review Board, then such room and
25board costs shall be paid by the appropriate State agency
26subject to the provisions of Section 14-8.01 of this Act. Room

 

 

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1and board costs not provided by a State agency other than the
2State Board of Education shall be provided by the State Board
3of Education on a current basis. In no event, however, shall
4the State's liability for funding of these tuition costs begin
5until after the legal obligations of third party payors have
6been subtracted from such costs. If the money appropriated by
7the General Assembly for such purpose for any year is
8insufficient, it shall be apportioned on the basis of the
9claims approved. Each district shall submit estimated claims to
10the State Superintendent of Education. Upon approval of such
11claims, the State Superintendent of Education shall direct the
12State Comptroller to make payments on a monthly basis. The
13frequency for submitting estimated claims and the method of
14determining payment shall be prescribed in rules and
15regulations adopted by the State Board of Education. Such
16current state reimbursement shall be reduced by an amount equal
17to the proceeds which the child or child's parents are eligible
18to receive under any public or private insurance or assistance
19program. Nothing in this Section shall be construed as
20relieving an insurer or similar third party from an otherwise
21valid obligation to provide or to pay for services provided to
22a disabled child.
23    If it otherwise qualifies, a school district is eligible
24for the transportation reimbursement under Section 14-13.01
25and for the reimbursement of tuition payments under this
26Section whether the non-public school or special education

 

 

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1facility, public out-of-state school or county special
2education facility, attended by a child who resides in that
3district and requires special educational services, is within
4or outside of the State of Illinois. However, a district is not
5eligible to claim transportation reimbursement under this
6Section unless the district certifies to the State
7Superintendent of Education that the district is unable to
8provide special educational services required by the child for
9the current school year.
10    Nothing in this Section authorizes the reimbursement of a
11school district for the amount paid for tuition of a child
12attending a non-public school or special education facility,
13public out-of-state school or county special education
14facility unless the school district certifies to the State
15Superintendent of Education that the special education program
16of that district is unable to meet the needs of that child
17because of his disability and the State Superintendent of
18Education finds that the school district is in substantial
19compliance with Section 14-4.01. However, if a child is
20unilaterally placed by a State agency or any court in a
21non-public school or special education facility, public
22out-of-state school, or county special education facility, a
23school district shall not be required to certify to the State
24Superintendent of Education, for the purpose of tuition
25reimbursement, that the special education program of that
26district is unable to meet the needs of a child because of his

 

 

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1or her disability.
2    Any educational or related services provided, pursuant to
3this Section in a non-public school or special education
4facility or a special education facility owned and operated by
5a county government unit shall be at no cost to the parent or
6guardian of the child. However, current law and practices
7relative to contributions by parents or guardians for costs
8other than educational or related services are not affected by
9this amendatory Act of 1978.
10    Reimbursement for children attending public school
11residential facilities shall be made in accordance with the
12provisions of this Section.
13    Notwithstanding any other provision of law, any school
14district receiving a payment under this Section or under
15Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
16all or a portion of the funds that it receives in a particular
17fiscal year or from general State aid pursuant to Section
1818-8.05 of this Code as funds received in connection with any
19funding program for which it is entitled to receive funds from
20the State in that fiscal year (including, without limitation,
21any funding program referenced in this Section), regardless of
22the source or timing of the receipt. The district may not
23classify more funds as funds received in connection with the
24funding program than the district is entitled to receive in
25that fiscal year for that program. Any classification by a
26district must be made by a resolution of its board of

 

 

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1education. The resolution must identify the amount of any
2payments or general State aid to be classified under this
3paragraph and must specify the funding program to which the
4funds are to be treated as received in connection therewith.
5This resolution is controlling as to the classification of
6funds referenced therein. A certified copy of the resolution
7must be sent to the State Superintendent of Education. The
8resolution shall still take effect even though a copy of the
9resolution has not been sent to the State Superintendent of
10Education in a timely manner. No classification under this
11paragraph by a district shall affect the total amount or timing
12of money the district is entitled to receive under this Code.
13No classification under this paragraph by a district shall in
14any way relieve the district from or affect any requirements
15that otherwise would apply with respect to that funding
16program, including any accounting of funds by source, reporting
17expenditures by original source and purpose, reporting
18requirements, or requirements of providing services.
19(Source: P.A. 93-1022, eff. 8-24-04; 94-177, eff. 7-12-05.)".