Illinois Compiled Statutes
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105 ILCS 5/14-13.01
(105 ILCS 5/14-13.01)
(from Ch. 122, par. 14-13.01)
Reimbursement payable by State; amounts for personnel and transportation.
(a) Through fiscal year 2017, for staff working on behalf of children who have not been identified as eligible for special
education and for eligible children with physical
disabilities, including all
eligible children whose placement has been determined under Section 14-8.02 in
hospital or home instruction, 1/2 of the teacher's salary but not more than
$1,000 annually per child or $9,000 per teacher, whichever is less.
(a-5) A child qualifies for home or hospital instruction if it is anticipated that, due to a medical condition, the child will be unable to attend school, and instead must be instructed at home or in the hospital, for a period of 2 or more consecutive weeks or on an ongoing intermittent basis. For purposes of this Section, "ongoing intermittent basis" means that the child's medical condition is of such a nature or severity that it is anticipated that the child will be absent from school due to the medical condition for periods of at least 2 days at a time multiple times during the school year totaling at least 10 days or more of absences. There shall be no requirement that a child be absent from school a minimum number of days before the child qualifies for home or hospital instruction. In order to establish eligibility for home or hospital services, a student's parent or guardian must submit to the child's school district of residence a written statement from a physician licensed to practice medicine in all of its branches, a licensed physician assistant, or a licensed advanced practice registered nurse stating the existence of such medical condition, the impact on the child's ability to participate in education, and the anticipated duration or nature of the child's absence from school. Home or hospital instruction may commence upon receipt of a written physician's, physician assistant's, or advanced practice registered nurse's statement in accordance with this Section, but instruction shall commence not later than 5 school days after the school district receives the physician's, physician assistant's, or advanced practice registered nurse's statement. Special education and related services required by the child's IEP or services and accommodations required by the child's federal Section 504 plan must be implemented as part of the child's home or hospital instruction, unless the IEP team or federal Section 504 plan team determines that modifications are necessary during the home or hospital instruction due to the child's condition.
(a-10) Through fiscal year 2017, eligible children
to be included in any reimbursement under this paragraph must regularly
receive a minimum of one hour of instruction each school day, or in lieu
thereof of a minimum of 5 hours of instruction in each school week in
order to qualify for full reimbursement under this Section. If the
attending physician, physician assistant, or advanced practice registered nurse for such a child has certified that the child should
not receive as many as 5 hours of instruction in a school week, however,
reimbursement under this paragraph on account of that child shall be
computed proportionate to the actual hours of instruction per week for
that child divided by 5.
(a-15) The State Board of Education shall establish rules governing the required qualifications of staff providing home or hospital instruction.
(b) For children described in Section 14-1.02, 80% of the cost of
transportation approved as a related service in the Individualized Education Program for each student
in order to take advantage of special educational facilities.
Transportation costs shall be determined in the same fashion as provided
in Section 29-5 of this Code. For purposes of this subsection (b), the dates for
processing claims specified in Section 29-5 shall apply.
(c) Through fiscal year 2017, for each qualified worker, the annual sum of
(d) Through fiscal year 2017, for one full-time qualified director of the special education
program of each school district which maintains a fully approved program
of special education, the annual sum of $9,000. Districts participating in a joint agreement special
education program shall not receive such reimbursement if reimbursement is made
for a director of the joint agreement program.
(g) Through fiscal year 2017, for readers working with blind or partially seeing children, 1/2
of their salary but not more than $400 annually per child. Readers may
be employed to assist such children and shall not be required to be
certified but prior to employment shall meet standards set up by the
State Board of Education.
(h) Through fiscal year 2017, for non-certified employees, as defined by rules promulgated by the State Board of Education, who deliver services to students with IEPs, 1/2 of the salary paid or
$3,500 per employee, whichever is less.
(i) The State Board of Education shall set standards and prescribe rules
for determining the allocation of reimbursement under this section on
less than a full time basis and for less than a school year.
When any school district eligible for reimbursement under this
Section operates a school or program approved by the State
Superintendent of Education for a number of days in excess of the
adopted school calendar but not to exceed 235 school days, such
reimbursement shall be increased by 1/180 of the amount or rate paid
hereunder for each day such school is operated in excess of 180 days per
Notwithstanding any other provision of law, any school district receiving
a payment under this Section or under Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify all or a portion of the funds that it receives
in a particular fiscal year or from evidence-based funding pursuant to Section 18-8.15
of this Code as
funds received in connection with any funding program for which it is
entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or evidence-based funding
to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
or requirements of providing services.
No funding shall be provided to school districts under this Section after fiscal year 2017. In fiscal year 2018 and each fiscal year thereafter, all funding received by a school district from the State pursuant to Section 18-8.15 of this Code that is attributable to personnel reimbursements for special education pupils must be used for special education services authorized under this Code.
(Source: P.A. 100-443, eff. 8-25-17; 100-465, eff. 8-31-17; 100-863, eff. 8-14-18.)