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Full Text of SB0925  100th General Assembly

SB0925 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0925

 

Introduced 2/7/2017, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Children with Disabilities Article of the School Code. Makes changes concerning children attending nonpublic schools or special education facilities, public out-of-state schools, public school residential facilities, or county special education facilities. Removes certain provisions referring to public school residential facilities or nonpublic schools. Removes certain minimums on funding levels. With respect to funding for children requiring special education services, makes changes to the required deadline for filing certain claims. Adds provisions concerning funding for children with excess cost that apply beginning July 1, 2018. Provides that payments to school districts and State-authorized charter schools for children requiring special education services may be used only for the provision of special educational facilities and services. Requires school districts and State-authorized charter schools to keep accurate, detailed, and separate accounts of all expenditures for the maintenance of each of the authorized facilities, classes, and schools. Requires claims to be submitted in a certain manner. Allows school districts to classify certain payments as funds received in connection with a funding program for which it is entitled to receive funds from the State, regardless of the source or timing of the receipts. Repeals provisions concerning an account of expenditures, cost reports, and reimbursement. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

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 Sections
51D-1, 14-7.02, 14-7.03, and 14-7.02b and by adding Section
614-7.02c as follows:
 
7    (105 ILCS 5/1D-1)
8    Sec. 1D-1. Block grant funding.
9    (a) For fiscal year 1996 and each fiscal year thereafter,
10the State Board of Education shall award to a school district
11having a population exceeding 500,000 inhabitants a general
12education block grant and an educational services block grant,
13determined as provided in this Section, in lieu of distributing
14to the district separate State funding for the programs
15described in subsections (b) and (c). The provisions of this
16Section, however, do not apply to any federal funds that the
17district is entitled to receive. In accordance with Section
182-3.32, all block grants are subject to an audit. Therefore,
19block grant receipts and block grant expenditures shall be
20recorded to the appropriate fund code for the designated block
21grant.
22    (b) The general education block grant shall include the
23following programs: REI Initiative, Summer Bridges, Preschool

 

 

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1At Risk, K-6 Comprehensive Arts, School Improvement Support,
2Urban Education, Scientific Literacy, Substance Abuse
3Prevention, Second Language Planning, Staff Development,
4Outcomes and Assessment, K-6 Reading Improvement, 7-12
5Continued Reading Improvement, Truants' Optional Education,
6Hispanic Programs, Agriculture Education, Parental Education,
7Prevention Initiative, Report Cards, and Criminal Background
8Investigations. Notwithstanding any other provision of law,
9all amounts paid under the general education block grant from
10State appropriations to a school district in a city having a
11population exceeding 500,000 inhabitants shall be appropriated
12and expended by the board of that district for any of the
13programs included in the block grant or any of the board's
14lawful purposes.
15    (c) The educational services block grant shall include the
16following programs: Regular and Vocational Transportation,
17State Lunch and Free Breakfast Program, Special Education
18(Personnel, Transportation, Orphanage, Private Tuition),
19funding for children requiring special education services,
20Summer School, Educational Service Centers, and
21Administrator's Academy. This subsection (c) does not relieve
22the district of its obligation to provide the services required
23under a program that is included within the educational
24services block grant. It is the intention of the General
25Assembly in enacting the provisions of this subsection (c) to
26relieve the district of the administrative burdens that impede

 

 

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1efficiency and accompany single-program funding. The General
2Assembly encourages the board to pursue mandate waivers
3pursuant to Section 2-3.25g.
4    The funding program included in the educational services
5block grant for funding for children requiring special
6education services in each fiscal year shall be treated in that
7fiscal year as a payment to the school district in respect of
8services provided or costs incurred in the prior fiscal year,
9calculated in each case as provided in this Section. Nothing in
10this Section shall change the nature of payments for any
11program that, apart from this Section, would be or, prior to
12adoption or amendment of this Section, was on the basis of a
13payment in a fiscal year in respect of services provided or
14costs incurred in the prior fiscal year, calculated in each
15case as provided in this Section.
16    (d) For fiscal year 1996 and each fiscal year thereafter,
17the amount of the district's block grants shall be determined
18as follows: (i) with respect to each program that is included
19within each block grant, the district shall receive an amount
20equal to the same percentage of the current fiscal year
21appropriation made for that program as the percentage of the
22appropriation received by the district from the 1995 fiscal
23year appropriation made for that program, and (ii) the total
24amount that is due the district under the block grant shall be
25the aggregate of the amounts that the district is entitled to
26receive for the fiscal year with respect to each program that

 

 

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1is included within the block grant that the State Board of
2Education shall award the district under this Section for that
3fiscal year. In the case of the Summer Bridges program, the
4amount of the district's block grant shall be equal to 44% of
5the amount of the current fiscal year appropriation made for
6that program.
7    (e) The district is not required to file any application or
8other claim in order to receive the block grants to which it is
9entitled under this Section. The State Board of Education shall
10make payments to the district of amounts due under the
11district's block grants on a schedule determined by the State
12Board of Education.
13    (f) A school district to which this Section applies shall
14report to the State Board of Education on its use of the block
15grants in such form and detail as the State Board of Education
16may specify. In addition, the report must include the following
17description for the district, which must also be reported to
18the General Assembly: block grant allocation and expenditures
19by program; population and service levels by program; and
20administrative expenditures by program. The State Board of
21Education shall ensure that the reporting requirements for the
22district are the same as for all other school districts in this
23State.
24    (g) This paragraph provides for the treatment of block
25grants under Article 1C for purposes of calculating the amount
26of block grants for a district under this Section. Those block

 

 

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1grants under Article 1C are, for this purpose, treated as
2included in the amount of appropriation for the various
3programs set forth in paragraph (b) above. The appropriation in
4each current fiscal year for each block grant under Article 1C
5shall be treated for these purposes as appropriations for the
6individual program included in that block grant. The proportion
7of each block grant so allocated to each such program included
8in it shall be the proportion which the appropriation for that
9program was of all appropriations for such purposes now in that
10block grant, in fiscal 1995.
11    Payments to the school district under this Section with
12respect to each program for which payments to school districts
13generally, as of the date of this amendatory Act of the 92nd
14General Assembly, are on a reimbursement basis shall continue
15to be made to the district on a reimbursement basis, pursuant
16to the provisions of this Code governing those programs.
17    (h) Notwithstanding any other provision of law, any school
18district receiving a block grant under this Section may
19classify all or a portion of the funds that it receives in a
20particular fiscal year from any block grant authorized under
21this Code or from general State aid pursuant to Section 18-8.05
22of this Code (other than supplemental general State aid) as
23funds received in connection with any funding program for which
24it is entitled to receive funds from the State in that fiscal
25year (including, without limitation, any funding program
26referred to in subsection (c) of this Section), regardless of

 

 

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1the source or timing of the receipt. The district may not
2classify more funds as funds received in connection with the
3funding program than the district is entitled to receive in
4that fiscal year for that program. Any classification by a
5district must be made by a resolution of its board of
6education. The resolution must identify the amount of any block
7grant or general State aid to be classified under this
8subsection (h) and must specify the funding program to which
9the funds are to be treated as received in connection
10therewith. This resolution is controlling as to the
11classification of funds referenced therein. A certified copy of
12the resolution must be sent to the State Superintendent of
13Education. The resolution shall still take effect even though a
14copy of the resolution has not been sent to the State
15Superintendent of Education in a timely manner. No
16classification under this subsection (h) by a district shall
17affect the total amount or timing of money the district is
18entitled to receive under this Code. No classification under
19this subsection (h) by a district shall in any way relieve the
20district from or affect any requirements that otherwise would
21apply with respect to the block grant as provided in this
22Section, including any accounting of funds by source, reporting
23expenditures by original source and purpose, reporting
24requirements, or requirements of provision of services.
25(Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11;
2697-813, eff. 7-13-12.)
 

 

 

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1    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
2    Sec. 14-7.02. Children attending private schools, public
3out-of-state schools, public school residential facilities or
4nonpublic or county private special education facilities. The
5General Assembly recognizes that nonpublic non-public schools
6or special education facilities provide an important service in
7the educational system in Illinois.
8    If because of his or her disability the special education
9program of a district is unable to meet the needs of a child
10and the child attends a nonpublic non-public school or special
11education facility, a public out-of-state school or a special
12education facility owned and operated by a county government
13unit that provides special educational services required by the
14child and is in compliance with the appropriate rules and
15regulations of the State Superintendent of Education, the
16school district in which the child is a resident shall pay the
17actual cost of tuition for special education and related
18services provided during the regular school term and during the
19summer school term if the child's educational needs so require,
20excluding room and board charged by the nonpublic excluding
21room, board and transportation costs charged the child by that
22non-public school or special education facility, public
23out-of-state school or county special education facility, or
24$4,500 per year, whichever is less, and shall provide him any
25necessary transportation. "Nonpublic special education

 

 

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1facility" shall include a residential facility, within or
2outside without the State of Illinois, which provides special
3education and related services to meet the needs of the child
4by utilizing private schools or public schools, whether located
5on the site or off the site of the residential facility.
6    The State Board of Education shall promulgate rules and
7regulations for determining when placement in a private special
8education facility is appropriate. Such rules and regulations
9shall take into account the various types of services needed by
10a child and the availability of such services to the particular
11child in the public school. In developing these rules and
12regulations the State Board of Education shall consult with the
13Advisory Council on Education of Children with Disabilities and
14hold public hearings to secure recommendations from parents,
15school personnel, and others concerned about this matter.
16    The State Board of Education shall also promulgate rules
17and regulations for transportation to and from a residential
18school. Transportation to and from home to a residential school
19more than once each school term shall be subject to prior
20approval by the State Superintendent in accordance with the
21rules and regulations of the State Board.
22    A school district making tuition payments pursuant to this
23Section is eligible for reimbursement from the State in
24accordance with Section 14-7.02c of this Code for the amount of
25such payments actually made in excess of the district per
26capita tuition charge for students not receiving special

 

 

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1education services. Such reimbursement shall be approved in
2accordance with Section 14-12.01 and each district shall file
3its claims, computed in accordance with rules prescribed by the
4State Board of Education, on forms prescribed by the State
5Superintendent of Education. Data used as a basis of
6reimbursement claims shall be for the preceding regular school
7term and summer school term. Each school district shall
8transmit its claims to the State Board of Education on or
9before August 15. The State Board of Education, before
10approving any such claims, shall determine their accuracy and
11whether they are based upon services and facilities provided
12under approved programs. Upon approval the State Board shall
13cause vouchers to be prepared showing the amount due for
14payment of reimbursement claims to school districts, for
15transmittal to the State Comptroller on the 30th day of
16September, December, and March, respectively, and the final
17voucher, no later than June 20. If the money appropriated by
18the General Assembly for such purpose for any year is
19insufficient, it shall be apportioned on the basis of the
20claims approved.
21    No child shall be placed in a special education program
22pursuant to this Section if the tuition cost for special
23education and related services increases more than 10 percent
24over the tuition cost for the previous school year or exceeds
25$4,500 per year unless such costs have been approved by the
26Illinois Purchased Care Review Board. The Illinois Purchased

 

 

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1Care Review Board shall consist of the following persons, or
2their designees: the Directors of Children and Family Services,
3Public Health, Healthcare and Family Services Public Aid, and
4the Governor's Office of Management and Budget; the Secretary
5of Human Services; the State Superintendent of Education; and
6such other persons as the Governor may designate. The Review
7Board shall also consist of one non-voting member who is an
8administrator of a private, nonpublic, special education
9school. The Review Board shall establish rules and regulations
10for its determination of allowable costs and payments made by
11local school districts for special education, room and board,
12and other related services provided by nonpublic non-public
13schools or special education facilities and shall establish
14uniform standards and criteria which it shall follow. The
15Review Board shall approve the usual and customary rate or
16rates of a special education program that (i) is offered by an
17out-of-state, nonpublic non-public provider of integrated
18autism specific educational and autism specific residential
19services, (ii) offers 2 or more levels of residential care,
20including at least one locked facility, and (iii) serves 12 or
21fewer Illinois students.
22    The Review Board shall establish uniform definitions and
23criteria for accounting separately by special education, room
24and board and other related services costs. The Board shall
25also establish guidelines for the coordination of services and
26financial assistance provided by all State agencies to assure

 

 

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1that no otherwise qualified child with a disability receiving
2services under Article 14 shall be excluded from participation
3in, be denied the benefits of or be subjected to discrimination
4under any program or activity provided by any State agency.
5    The Review Board shall review the costs for special
6education and related services provided by nonpublic
7non-public schools or special education facilities and shall
8approve or disapprove such facilities in accordance with the
9rules and regulations established by it with respect to
10allowable costs.
11    The State Board of Education shall provide administrative
12and staff support for the Review Board as deemed reasonable by
13the State Superintendent of Education. This support shall not
14include travel expenses or other compensation for any Review
15Board member other than the State Superintendent of Education.
16    The Review Board shall seek the advice of the Advisory
17Council on Education of Children with Disabilities on the rules
18and regulations to be promulgated by it relative to providing
19special education services.
20    If a child has been placed in a program in which the actual
21per pupil costs of tuition for special education and related
22services based on program enrollment, excluding room, board and
23transportation costs, exceed $4,500 and such costs have been
24approved by the Review Board, the district shall pay such total
25costs which exceed $4,500. A district making such tuition
26payments in excess of $4,500 pursuant to this Section shall be

 

 

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

 

 

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

 

 

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1program of that district is unable to meet the needs of that
2child because of his disability and the State Superintendent of
3Education finds that the school district is in substantial
4compliance with Section 14-4.01. However, if a child is
5unilaterally placed by a State agency or any court in a
6nonpublic non-public school or special education facility,
7public out-of-state school, or county special education
8facility, a school district shall not be required to certify to
9the State Superintendent of Education, for the purpose of
10tuition reimbursement, that the special education program of
11that district is unable to meet the needs of a child because of
12his or her disability.
13    Any educational or related services provided, pursuant to
14this Section in a nonpublic non-public school or special
15education facility or a special education facility owned and
16operated by a county government unit shall be at no cost to the
17parent or guardian of the child. However, current law and
18practices relative to contributions by parents or guardians for
19costs other than educational or related services are not
20affected by this amendatory Act of 1978.
21    Reimbursement for children attending public school
22residential facilities shall be made in accordance with the
23provisions of this Section.
24    Notwithstanding any other provision of law, any school
25district receiving a payment under this Section or under
26Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify

 

 

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1all or a portion of the funds that it receives in a particular
2fiscal year or from general State aid pursuant to Section
318-8.05 of this Code as funds received in connection with any
4funding program for which it is entitled to receive funds from
5the State in that fiscal year (including, without limitation,
6any funding program referenced in this Section), regardless of
7the source or timing of the receipt. The district may not
8classify more funds as funds received in connection with the
9funding program than the district is entitled to receive in
10that fiscal year for that program. Any classification by a
11district must be made by a resolution of its board of
12education. The resolution must identify the amount of any
13payments or general State aid to be classified under this
14paragraph and must specify the funding program to which the
15funds are to be treated as received in connection therewith.
16This resolution is controlling as to the classification of
17funds referenced therein. A certified copy of the resolution
18must be sent to the State Superintendent of Education. The
19resolution shall still take effect even though a copy of the
20resolution has not been sent to the State Superintendent of
21Education in a timely manner. No classification under this
22paragraph by a district shall affect the total amount or timing
23of money the district is entitled to receive under this Code.
24No classification under this paragraph by a district shall in
25any way relieve the district from or affect any requirements
26that otherwise would apply with respect to that funding

 

 

SB0925- 16 -LRB100 08523 MLM 18648 b

1program, including any accounting of funds by source, reporting
2expenditures by original source and purpose, reporting
3requirements, or requirements of providing services.
4(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; 99-78,
5eff. 7-20-15; 99-143, eff. 7-27-15.)
 
6    (105 ILCS 5/14-7.02b)
7    Sec. 14-7.02b. Funding for children requiring special
8education services. Payments to school districts for children
9requiring special education services documented in their
10individualized education program regardless of the program
11from which these services are received, excluding children
12identified claimed under Sections 14-7.02, and 14-7.03, and
1314-11.02 of this Code, shall be made in accordance with this
14Section. Funds received under this Section may be used only for
15the provision of special educational facilities and services as
16defined in Section 14-1.08 of this Code.
17    The appropriation each for fiscal year 2005 and thereafter
18shall be based upon the IDEA child count of all students in the
19State, excluding students identified claimed under Sections
2014-7.02, and 14-7.03, and 14-11.02 of this Code, on December 1
21of the fiscal year 2 years preceding, multiplied by 17.5% of
22the general State aid foundation level of support established
23for that fiscal year under Section 18-8.05 of this Code.
24    Beginning with fiscal year 2005 and through fiscal year
252007, individual school districts shall not receive payments

 

 

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1under this Section totaling less than they received under the
2funding authorized under Section 14-7.02a of this Code during
3fiscal year 2004, pursuant to the provisions of Section
414-7.02a as they were in effect before the effective date of
5this amendatory Act of the 93rd General Assembly. This base
6level funding shall be computed first.
7    Beginning with fiscal year 2008 and each fiscal year
8thereafter, individual school districts must not receive
9payments under this Section totaling less than they received in
10fiscal year 2007. This funding shall be computed last and shall
11be a separate calculation from any other calculation set forth
12in this Section. This amount is exempt from the requirements of
13Section 1D-1 of this Code.
14    An amount equal to 85% of the funds remaining in the
15appropriation shall be allocated to school districts based upon
16the district's average daily attendance reported for purposes
17of Section 18-8.05 of this Code for the preceding school year.
18Fifteen percent of the funds remaining in the appropriation
19shall be allocated to school districts based upon the
20district's low income eligible pupil count used in the
21calculation of general State aid under Section 18-8.05 of this
22Code for the same fiscal year. One hundred percent of the funds
23computed and allocated to districts under this Section shall be
24distributed and paid to school districts.
25    For individual students with disabilities whose program
26costs exceed 4 times the district's per capita tuition rate as

 

 

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1calculated under Section 10-20.12a of this Code, the costs in
2excess of 4 times the district's per capita tuition rate shall
3be paid by the State Board of Education from unexpended IDEA
4discretionary funds originally designated for room and board
5reimbursement pursuant to Section 14-8.01 of this Code. The
6amount of tuition for these children shall be determined by the
7actual cost of maintaining classes for these children, using
8the per capita cost formula set forth in Section 14-7.01 of
9this Code, with the program and cost being pre-approved by the
10State Superintendent of Education. Reimbursement for
11individual students with disabilities whose program costs
12exceed 4 times the district's per capita tuition rate shall be
13claimed beginning with costs encumbered for the 2004-2005
14school year and thereafter.
15    The State Board of Education shall prepare vouchers equal
16to one-fourth the amount allocated to districts, for
17transmittal to the State Comptroller on the 30th day of
18September and the 31st day of , December, and March,
19respectively, and the final voucher, no later than June 20. The
20Comptroller shall make payments pursuant to this Section to
21school districts as soon as possible after receipt of vouchers.
22If the money appropriated from the General Assembly for such
23purposes for any year is insufficient, it shall be apportioned
24on the basis of the payments due to school districts.
25    Nothing in this Section shall be construed to decrease or
26increase the percentage of all special education funds that are

 

 

SB0925- 19 -LRB100 08523 MLM 18648 b

1allocated annually under Article 1D of this Code or to alter
2the requirement that a school district provide special
3education services.
4    Nothing in this amendatory Act of the 93rd General Assembly
5shall eliminate any reimbursement obligation owed as of the
6effective date of this amendatory Act of the 93rd General
7Assembly to a school district with in excess of 500,000
8inhabitants.
9(Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.)
 
10    (105 ILCS 5/14-7.02c new)
11    Sec. 14-7.02c. Funding for children with excess cost. This
12Section applies beginning July 1, 2018.
13    Payments to school districts and State-authorized charter
14schools for children requiring special education services as
15documented in their individualized education program
16regardless of the program from which these services are
17received, but excluding children claimed under Section 14-7.03
18of this Code, shall be made in accordance with this Section.
19Funds received under this Section may be used only for the
20provision of special educational facilities and services as
21defined in Section 14-1.08 of this Code and tuition payments to
22nonpublic special education facilities as defined in Section
2314-7.02 of this Code.
24    Each school district and State-authorized charter school
25shall keep an accurate, detailed, and separate account of all

 

 

SB0925- 20 -LRB100 08523 MLM 18648 b

1expenditures for the maintenance of each of the types of
2facilities, classes, and schools authorized by this Article for
3the instruction and care of pupils attending them and for the
4cost of their transportation.
5    The amount of tuition for children, excluding children
6designated under Section 14-7.02 of this Code, shall be
7determined using the per capita cost formula set forth in
8Section 14-7.01 of this Code and rules adopted by the State
9Board of Education.
10    The amount of tuition for children attending public
11out-of-state schools or nonpublic special education facilities
12designated under Section 14-7.02 of this Code shall be
13determined in accordance with the costs approved by the Review
14Board in Section 14-7.02 of this Code, with the program being
15pre approved by the State Superintendent of Education.
16    Each district or State-authorized charter school shall
17transmit its claims in a manner prescribed by the State
18Superintendent of Education on or before August 15. Tuition
19payments shall be claimed for the preceding regular school term
20and summer term following. The State Board of Education shall
21determine the accuracy of the claims and whether they are based
22upon services and facilities provided under approved programs
23as defined in this Code.
24    For children identified under Section 14-7.02 of this Code,
25the State Board of Education shall reimburse each school
26district the tuition amount approved by the Review Board and

 

 

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1paid for the regular and following summer term less 2 per
2capita tuition charge amounts of the resident district for
3claims transmitted in the 2018-2019 school year and thereafter.
4    For children, excluding those identified under Sections
514-7.02 and 14-7.03 of this Code, the State Board of Education
6shall reimburse each school district the education costs for
7each child plus a maximum of 20% of transportation costs if
8approved as a related service in the individualized education
9plan for the regular and following summer term less 2 per
10capita tuition charge amounts of the resident district for
11claims transmitted in the 2016-2017 school year and thereafter.
12    The per capita tuition charge as defined in this Section
13shall be utilized in accordance with the calculation set forth
14in Section 18-3 of this Code.
15    The State Board of Education shall prepare vouchers for the
16amount due to each district and transmit them to the Office of
17the Comptroller on or before September 30, December 31, and
18March 31, respectively, and the final voucher no later than
19June 20. If, after preparation and transmittal of the September
2030 vouchers, any claim has been adjusted by the State
21Superintendent of Education, subsequent vouchers shall be
22recomputed to compensate for any overpayment or underpayment
23previously made. If the money appropriated by the General
24Assembly for that purpose for any fiscal year is insufficient,
25it shall be apportioned on the basis of the claims approved.
26    Notwithstanding any other provision of law, any school

 

 

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1district receiving a payment under this Section or under
2Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
3all or a portion of the funds that it receives in a particular
4fiscal year or from general State aid pursuant to Section
518-8.05 of this Code as funds received in connection with any
6funding program for which it is entitled to receive funds from
7the State in that fiscal year (including, without limitation,
8any funding program referenced in this Section), regardless of
9the source or timing of the receipt. The district may not
10classify more funds as funds received in connection with the
11funding program than the district is entitled to receive in
12that fiscal year for that program. Any classification by a
13district must be made by a resolution of its school board. The
14resolution must identify the amount of any payments or general
15State aid to be classified under this paragraph and must
16specify the funding program to which the funds are to be
17treated as received in connection therewith. This resolution is
18controlling as to the classification of funds referenced. A
19certified copy of the resolution must be sent to the State
20Superintendent of Education. The resolution shall still take
21effect even though a copy of the resolution has not been sent
22to the State Superintendent of Education in a timely manner. No
23classification under this paragraph by a district shall affect
24the total amount or timing of money the district is entitled to
25receive under this Code. No classification under this paragraph
26by a district shall in any way relieve the district from or

 

 

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1affect any requirements that otherwise would apply with respect
2to that funding program, including any accounting of funds by
3source, reporting expenditures by original source and purpose,
4reporting requirements, or requirements of providing services.
 
5    (105 ILCS 5/14-7.03)  (from Ch. 122, par. 14-7.03)
6    Sec. 14-7.03. Special Education Classes for Children from
7Orphanages, Foster Family Homes, Children's Homes, or in State
8Housing Units. If a school district maintains special education
9classes on the site of orphanages and children's homes, or if
10children from the orphanages, children's homes, foster family
11homes, other State agencies, or State residential units for
12children attend classes for children with disabilities in which
13the school district is a participating member of a joint
14agreement, or if the children from the orphanages, children's
15homes, foster family homes, other State agencies, or State
16residential units attend classes for the children with
17disabilities maintained by the school district, then
18reimbursement shall be paid to eligible districts in accordance
19with the provisions of this Section by the Comptroller as
20directed by the State Superintendent of Education.
21    The amount of tuition for such children shall be determined
22by the actual cost of maintaining such classes, using the per
23capita cost formula set forth in Section 14-7.01, such program
24and cost to be pre-approved by the State Superintendent of
25Education.

 

 

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1    If a school district makes a claim for reimbursement under
2Section 18-3 or 18-4 of this Act it shall not include in any
3claim filed under this Section a claim for such children.
4Payments authorized by law, including State or federal grants
5for education of children included in this Section, shall be
6deducted in determining the tuition amount.
7    Nothing in this Act shall be construed so as to prohibit
8reimbursement for the tuition of children placed in for profit
9facilities. Private facilities shall provide adequate space at
10the facility for special education classes provided by a school
11district or joint agreement for children with disabilities who
12are residents of the facility at no cost to the school district
13or joint agreement upon request of the school district or joint
14agreement. If such a private facility provides space at no cost
15to the district or joint agreement for special education
16classes provided to children with disabilities who are
17residents of the facility, the district or joint agreement
18shall not include any costs for the use of those facilities in
19its claim for reimbursement.
20    Reimbursement for tuition may include the cost of providing
21summer school programs for children with severe and profound
22disabilities served under this Section. Claims for that
23reimbursement shall be filed by November 1 and shall be paid on
24or before December 15 from appropriations made for the purposes
25of this Section.
26    The State Board of Education shall establish such rules and

 

 

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1regulations as may be necessary to implement the provisions of
2this Section.
3    Claims filed on behalf of programs operated under this
4Section housed in a jail, detention center, or county-owned
5shelter care facility shall be on an individual student basis
6only for eligible students with disabilities. These claims
7shall be in accordance with applicable rules.
8    Each district claiming reimbursement for a program
9operated as a group program shall have an approved budget on
10file with the State Board of Education prior to the initiation
11of the program's operation. On September 30, December 31, and
12March 31, the State Board of Education shall voucher payments
13to group programs based upon the approved budget during the
14year of operation. Final claims for group payments shall be
15filed on or before July 15. Final claims for group programs
16received at the State Board of Education on or before June 15
17shall be vouchered by June 30. Final claims received at the
18State Board of Education between June 16 and July 15 shall be
19vouchered by August 30. Claims for group programs received
20after July 15 shall not be honored.
21    Each district claiming reimbursement for individual
22students shall have the eligibility of those students verified
23by the State Board of Education. On September 30, December 31,
24and March 31, the State Board of Education shall voucher
25payments for individual students based upon an estimated cost
26calculated from the prior year's claim. Final claims for

 

 

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1individual students for the regular school term must be
2received at the State Board of Education by July 15. Claims for
3individual students received after July 15 shall not be
4honored. Final claims for individual students shall be
5vouchered by August 30.
6    Reimbursement shall be made based upon approved group
7programs or individual students. The State Superintendent of
8Education shall direct the Comptroller to pay a specified
9amount to the district by the 30th day of September, December,
10March, June, or August, respectively. However, notwithstanding
11any other provisions of this Section or the School Code,
12beginning with fiscal year 1994 and each fiscal year
13thereafter, if the amount appropriated for any fiscal year is
14less than the amount required for purposes of this Section, the
15amount required to eliminate any insufficient reimbursement
16for each district claim under this Section shall be reimbursed
17on August 30 of the next fiscal year. Payments required to
18eliminate any insufficiency for prior fiscal year claims shall
19be made before any claims are paid for the current fiscal year.
20    The claim of a school district otherwise eligible to be
21reimbursed in accordance with Section 14-12.01 (now repealed)
22for the 1976-77 school year but for this amendatory Act of 1977
23shall not be paid unless the district ceases to maintain such
24classes for one entire school year.
25    If a school district's current reimbursement payment for
26the 1977-78 school year only is less than the prior year's

 

 

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1reimbursement payment owed, the district shall be paid the
2amount of the difference between the payments in addition to
3the current reimbursement payment, and the amount so paid shall
4be subtracted from the amount of prior year's reimbursement
5payment owed to the district.
6    Regional superintendents may operate special education
7classes for children from orphanages, foster family homes,
8children's homes or State housing units located within the
9educational services region upon consent of the school board
10otherwise so obligated. In electing to assume the powers and
11duties of a school district in providing and maintaining such a
12special education program, the regional superintendent may
13enter into joint agreements with other districts and may
14contract with public or private schools or the orphanage,
15foster family home, children's home or State housing unit for
16provision of the special education program. The regional
17superintendent exercising the powers granted under this
18Section shall claim the reimbursement authorized by this
19Section directly from the State Board of Education.
20    Any child who is not a resident of Illinois who is placed
21in a child welfare institution, private facility, foster family
22home, State operated program, orphanage or children's home
23shall have the payment for his educational tuition and any
24related services assured by the placing agent.
25    For each student with a disability who is placed in a
26residential facility by an Illinois public agency or by any

 

 

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1court in this State, the costs for educating the student are
2eligible for reimbursement under this Section.
3    The district of residence of the student with a disability
4as defined in Section 14-1.11a is responsible for the actual
5costs of the student's special education program and is
6eligible for reimbursement under this Section when placement is
7made by a State agency or the courts.
8    When a dispute arises over the determination of the
9district of residence under this Section, the district or
10districts may appeal the decision in writing to the State
11Superintendent of Education, who, upon review of materials
12submitted and any other items or information he or she may
13request for submission, shall issue a written decision on the
14matter. The decision of the State Superintendent of Education
15shall be final.
16    In the event a district does not make a tuition payment to
17another district that is providing the special education
18program and services, the State Board of Education shall
19immediately withhold 125% of the then remaining annual tuition
20cost from the State aid or categorical aid payment due to the
21school district that is determined to be the resident school
22district. All funds withheld by the State Board of Education
23shall immediately be forwarded to the school district where the
24student is being served.
25    When a child eligible for services under this Section
2614-7.03 must be placed in a nonpublic facility, that facility

 

 

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1shall meet the programmatic requirements of Section 14-7.02 and
2its regulations, and the educational services shall be funded
3only in accordance with this Section 14-7.03.
4(Source: P.A. 98-739, eff. 7-16-14; 99-143, eff. 7-27-15.)
 
5    (105 ILCS 5/14-12.01 rep.)
6    Section 10. The School Code is amended by repealing Section
714-12.01.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/1D-1
4    105 ILCS 5/14-7.02from Ch. 122, par. 14-7.02
5    105 ILCS 5/14-7.02b
6    105 ILCS 5/14-7.02c new
7    105 ILCS 5/14-7.03from Ch. 122, par. 14-7.03
8    105 ILCS 5/14-12.01 rep.