Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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105 ILCS 5/14-4.01
(105 ILCS 5/14-4.01)
(from Ch. 122, par. 14-4.01)
Special educational facilities for
children with disabilities.
School boards of any school districts that maintain a recognized
school, whether operating under the general law or under a special
charter, subject to any limitations hereinafter specified, shall
establish and maintain such special educational facilities as may be
needed for children with disabilities as defined in
Section 14-1.02 of this Article who are residents of
their school district, and such children, residents of other school
districts as may be authorized by this Article.
All such school boards shall place or by regulation may authorize the
director of special education to place, pursuant to procedures required
by this Act and rules and regulations promulgated by the State Board of
Education, eligible children into special education programs designed to
benefit children with disabilities defined in Sections
14-1.02 through 14-1.07
of this Act.
All school districts, administrative districts or governing boards
for providing special education services shall
submit to the appropriate regional superintendent comprehensive plans or
thereto for the provision of special education services in accordance with
rules promulgated by the State Board of Education. Copies of comprehensive
plans or modifications thereto shall be forwarded by the regional
to the State Board of Education. Regional superintendents who provide special
education services shall submit comprehensive plans or modifications thereto
directly to the State Board of Education. Comprehensive plans or modifications
thereto shall be made available by regional superintendents for public inspection
during regular business hours.
The State Board of Education shall provide for the submission of comprehensive
plans not more frequently than once every 3 years but may require the submission
of such modifications as it deems necessary to achieve the purposes of this
Act and applicable federal law.
(Source: P.A. 89-397, eff. 8-20-95.)
105 ILCS 5/14-5.01
(105 ILCS 5/14-5.01)
(from Ch. 122, par. 14-5.01)
Application of Article.
This Article applies to school boards of all types and sizes of school
districts, including but not limited to special charter districts,
community consolidated school districts, community unit school districts,
consolidated school districts, high school districts, non-high school
districts, community high school districts, and districts exceeding 500,000
(Source: Laws 1965, p. 1948
105 ILCS 5/14-6.01
(105 ILCS 5/14-6.01)
(from Ch. 122, par. 14-6.01)
Powers and duties of school boards.
School boards of
one or more school districts establishing and maintaining any of the
educational facilities described in this Article shall, in connection
therewith, exercise similar powers and duties as are prescribed by law
for the establishment, maintenance and management of other recognized
educational facilities. Such school boards shall include only eligible
children in the program and shall comply with all the requirements of
this Article and all rules and regulations established by the State
Board of Education. Such school boards shall accept in part-time
attendance children with disabilities of the types
described in Sections
14-1.02 through 14-1.07 who are enrolled in nonpublic schools. A
request for part-time attendance must be submitted by a parent or
guardian of the disabled child and may be made
only to those public
schools located in the district where the child attending the nonpublic
school resides; however, nothing in this Section shall be construed as
prohibiting an agreement between the district where the child resides
and another public school district to provide special educational
services if such an arrangement is deemed more convenient and
economical. Special educational services shall be provided to such
students as soon as possible after the identification, evaluation and
placement procedures provided in Section 14-8.02, but no later than the
beginning of the next school semester following the completion of such
procedures. Transportation for students in part time attendance shall be
provided only if required in the child's individualized educational program
on the basis of the child's disabling condition or as the
program location may require.
A school board shall publish a public notice in its newsletter of
general circulation or in the newsletter of another governmental entity of
general circulation in the district or if neither is available in the
district, then in a newspaper of general circulation in the district, the
right of all children with disabilities to a free
appropriate public education
as provided under this Code. Such notice shall identify the location and
phone number of the office or agent of the school district to whom
inquiries should be directed regarding the identification, assessment and
placement of such children.
School boards shall immediately provide upon request by any person
written materials and other information that indicates the specific
policies, procedures, rules and regulations regarding the identification,
evaluation or educational placement of children with
disabilities under Section
14-8.02 of the School Code. Such information shall include information
regarding all rights and entitlements of such children under this Code, and
of the opportunity to present complaints with respect to any matter
relating to educational placement of the student, or the provision of a
free appropriate public education and to have an impartial due process
hearing on the complaint. The notice shall inform the parents or guardian
in the parents' or guardian's native language, unless it is clearly not
feasible to do so, of their rights and all procedures available pursuant to
this Act and federal Public Law 94-142; it shall be the responsibility of
the State Superintendent to develop uniform notices setting forth the
procedures available under this Act and federal Public Law 94-142, as
amended, to be used by all school boards. The notice shall also inform the
parents or guardian of the availability upon request of a list of free or
low-cost legal and other relevant services available locally to assist
parents or guardians in exercising rights or entitlements under this Code.
Any parent or guardian who is deaf, or does not normally communicate
using spoken English, who participates in a meeting with a representative
of a local educational agency for the purposes of developing an
individualized educational program shall be entitled to the services of
No disabled student may be denied promotion,
graduation or a general
diploma on the basis of failing a minimal competency test when such failure
can be directly related to the disabling
condition of the student. For the
purpose of this Act, "minimal competency testing" is defined as tests which
are constructed to measure the acquisition of skills to or beyond a certain
Effective July 1, 1966, high school districts are financially
responsible for the education of pupils with disabilities who
are residents in their
districts when such pupils have reached age 15 but may admit
children with disabilities into special educational facilities without
regard to graduation
from the eighth grade after such pupils have reached the age of 14 1/2 years.
Upon a disabled pupil's attaining the age of 14 1/2 years,
it shall be
the duty of the elementary school district in which the pupil resides to
notify the high school district in which the pupil resides of the pupil's
current eligibility for special education services, of the pupil's current
program, and of all evaluation data upon which the current program is
based. After an examination of that information the high school district
may accept the current placement and all subsequent timelines shall be
governed by the current individualized educational program; or the high
school district may elect to conduct its own evaluation and
multidisciplinary staff conference and formulate its own individualized
educational program, in which case the procedures and timelines contained
in Section 14-8.02 shall apply.
(Source: P.A. 89-397, eff. 8-20-95.)
105 ILCS 5/14-6.02
(105 ILCS 5/14-6.02)
(from Ch. 122, par. 14-6.02)
Service animals such as guide dogs,
signal dogs or any other animal individually trained to perform tasks for
the benefit of a student with a disability shall be permitted to accompany
that student at all school functions, whether in or outside the classroom. For the purposes of this Section, "service animal" has the same meaning as in Section 48-8 of the Criminal Code of 2012.
(Source: P.A. 97-956, eff. 8-14-12; 97-1150, eff. 1-25-13.)
105 ILCS 5/14-6.03
(105 ILCS 5/14-6.03)
Speech-language pathology assistants.
(a) Except as otherwise provided in this subsection, on or after January 1,
2002, no person shall perform the duties of a speech-language
pathology assistant without first applying for and receiving a license for that
purpose from the Department of Professional Regulation.
A person employed as a speech-language pathology
assistant in any class, service, or program authorized by this Article may
perform only those duties authorized by this Section under the supervision of a
speech-language pathologist as provided in this Section.
This Section does not apply to speech-language pathology paraprofessionals
approved by the State Board of Education.
(b) A speech-language pathology assistant may not be assigned his or her own
student caseload. The student caseload limit of a speech-language
pathologist who supervises any speech-language pathology assistants shall be
determined by the severity of the needs of the students served by the
speech-language pathologist. A full-time speech-language pathologist's
caseload limit may not exceed 80 students (60 students on or after September
at any time. The caseload limit of a part-time speech-language pathologist
shall be determined by multiplying the caseload limit of a full-time
speech-language pathologist by a percentage that equals the number of hours
worked by the part-time speech-language pathologist divided by the number of
hours worked by a full-time speech-language pathologist in that school
district. Employment of a speech-language pathology assistant may not increase
decrease the caseload of the supervising speech-language pathologist.
(c) A school district that intends to utilize the services of a
speech-language pathology assistant must provide written notification to the
guardian of each student who will be served by a speech-language pathology
(d) The scope of responsibility of a speech-language pathology assistant
shall be limited to supplementing the role of the speech-language
pathologist in implementing the treatment program established by a
speech-language pathologist. The functions and duties of a speech-language
assistant shall be limited to the following:
(1) Conducting speech-language screening, without
interpretation, and using screening protocols selected by the supervising speech-language pathologist.
(2) Providing direct treatment assistance to students
under the supervision of a speech-language pathologist.
(3) Following and implementing documented treatment
plans or protocols developed by a supervising speech-language pathologist.
(4) Documenting student progress toward meeting
established objectives, and reporting the information to a supervising speech-language pathologist.
(5) Assisting a speech-language pathologist during
assessments, including, but not limited to, assisting with formal documentation, preparing materials, and performing clerical duties for a supervising speech-language pathologist.
(6) Acting as an interpreter for non-English speaking
students and their family members when competent to do so.
(7) Scheduling activities and preparing charts,
records, graphs, and data.
(8) Performing checks and maintenance of equipment,
including, but not limited to, augmentative communication devices.
(9) Assisting with speech-language pathology research
projects, in-service training, and family or community education.
(e) A speech-language pathology assistant may not:
(1) perform standardized or nonstandardized
diagnostic tests or formal or informal evaluations or interpret test results;
(2) screen or diagnose students for feeding or
(3) participate in parent conferences, case
conferences, or any interdisciplinary team without the presence of the supervising speech-language pathologist;
(4) provide student or family counseling;
(5) write, develop, or modify a student's
individualized treatment plan;
(6) assist with students without following the
individualized treatment plan prepared by the supervising speech-language pathologist;
(7) sign any formal documents, such as treatment
plans, reimbursement forms, or reports;
(8) select students for services;
(9) discharge a student from services;
(10) disclose clinical or confidential information,
either orally or in writing, to anyone other than the supervising speech-language pathologist;
(11) make referrals for additional services;
(12) counsel or consult with the student, family, or
others regarding the student's status or service;
(13) represent himself or herself to be a
speech-language pathologist or a speech therapist;
(14) use a checklist or tabulate results of feeding
or swallowing evaluations; or
(15) demonstrate swallowing strategies or precautions
to students, family, or staff.
(f) A speech-language pathology assistant shall practice only under the
supervision of a speech-language pathologist who has at least 2 years
experience in addition to the supervised professional experience required under
subsection (f) of Section 8 of the Illinois Speech-Language Pathology and
Audiology Practice Act. A speech-language pathologist who supervises a
speech-language pathology assistant must have completed at least 10 clock
hours of training in the supervision of speech-language pathology assistants.
The State Board of Education shall promulgate rules describing the
supervision training requirements. The rules may allow a speech-language
pathologist to apply to the State Board of Education for an exemption from this
training requirement based upon prior supervisory experience.
(g) A speech-language pathology assistant must be under the direct
of a speech-language pathologist at least 30% of the
speech-language pathology assistant's actual student contact time per student
for the first 90 days of initial employment as a speech-language pathology
assistant. Thereafter, the speech-language pathology assistant must be under
the direct supervision of a speech-language pathologist at least 20% of the
speech-language pathology assistant's actual student contact time per student.
Supervision of a speech-language pathology assistant beyond the minimum
requirements of this subsection may be imposed at the discretion of the
supervising speech-language pathologist. A supervising speech-language
pathologist must be available to communicate with a speech-language pathology
assistant whenever the assistant is in contact with a student.
(h) A speech-language pathologist that supervises a speech-language
pathology assistant must document direct supervision activities. At a
minimum, supervision documentation must provide (i) information regarding the
quality of the speech-language pathology assistant's performance of
assigned duties and (ii) verification that clinical activity is limited to
duties specified in this Section.
(i) A full-time speech-language pathologist may supervise no more than 2
speech-language pathology assistants. A speech-language pathologist
that does not work full-time may supervise no more than one speech-language
(Source: P.A. 92-510, eff. 6-1-02.)
105 ILCS 5/14-6.04
(105 ILCS 5/14-6.04)
Contracting for speech-language pathology services.
(a) For purposes of this Section:
"Reasonable efforts" means performing all of the following:
(1) placing at least 3 employment advertisements for
a speech-language pathologist published in the newspaper of widest distribution within the school district or cooperative;
(2) placing one employment listing in the placement
bulletin of a college or university that has a speech-language pathology curriculum that is located in the geographic area of the school district or cooperative, if any; and
(3) posting the position for speech-language
pathologist on the Illinois Association of School Administrators' job placement service for at least 30 days.
"Speech-language pathologist" means a person who:
(1) holds a master's or doctoral degree with a major
emphasis in speech-language pathology from an institution whose course of study was approved or program was accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology of the American Speech-Language-Hearing Association or its predecessor; and
(2) either (i) has completed a program of study that
meets the content-area standards for speech-language pathologists approved by the State Board of Education, in consultation with the State Teacher Certification Board, (ii) has completed a program in another state, territory, or possession of the United States that is comparable to an approved program of study described in item (i), or (iii) holds a certificate issued by another state, territory, or possession of the United States that is comparable to the school service personnel certificate with a speech-language endorsement. If the requirements described in items (i), (ii), or (iii) of this paragraph (2) have not been met, a person must provide evidence that he or she has completed at least 150 clock hours of supervised experience in speech-language pathology with students with disabilities in a school setting, including experience required by federal law or federal court order; however, a person who lacks such experience may obtain interim certification as established by the Illinois State Board of Education, in consultation with the State Teacher Certification Board, and shall participate in school-based professional experience of at least 150 clock hours to meet this requirement.
"Speech-language pathology services" means the application of methods and
procedures for identifying, measuring, testing, appraising, predicting, and
modifying communication development and disorders or disabilities of speech,
language, voice, swallowing, and other speech, language, and voice-related
disorders for the purpose of counseling, consulting, and rendering services or
participating in the planning, directing, or conducting of programs that are
designed to modify communicative disorders and conditions in individuals or
groups of individuals involving speech, language, voice, and swallowing
(b) A school district or a cooperative must make reasonable efforts to
employ a speech-language pathologist. While making those reasonable efforts or
after unsuccessful reasonable efforts have been made, or both, a school
district or cooperative may contract for speech-language pathology
services with a speech-language pathologist or an entity that employs
speech-language pathologists. A speech-language pathologist who provides
speech-language pathology services pursuant to a contract must:
(1) hold a speech-language pathology license under
the Illinois Speech-Language Pathology and Audiology Practice Act or hold or have applied for a temporary license issued under Section 8.1 of that Act; and
(2) hold a certificate under this Code with an
endorsement in speech-language pathology.
(Source: P.A. 93-110, eff. 7-8-03; 93-1060, eff. 12-23-04.)
105 ILCS 5/14-6.10
(105 ILCS 5/14-6.10)
Transfer of parental rights at the age of majority.
(a) When a student who is eligible for special education under this Article reaches the majority age of 18 years, all rights accorded to the student's parents under this Article transfer to the student, except as provided in this Section. This transfer of rights also applies to students who are incarcerated in an adult or juvenile State or local correctional institution. Nothing in this Section shall be construed to deny a student with a disability who has reached majority age the right to have an adult of his or her choice, including, but not limited to, the student's parent, assist the student in making decisions regarding the student's individualized education program.
(b) The school district must notify the student and the student's parents of the transfer of rights in writing at a meeting convened to review the student's individualized education program during the school year in which the student turns 17 years of age. At that time, the school district must provide the student with a copy of the Delegation of Rights form described in this Section. The school district must mail the notice and a copy of the Delegation of Rights form to the student and to the student's parents, addressed to their last known address, if they do not attend the meeting.
(c) Rights shall not transfer from the parents to the student under this Section if either of the following apply:
(1) The student with a disability who has reached
the age of majority has been adjudged incompetent under State law.
(2) The student has not been adjudged incompetent
under State law, but the student has executed a Delegation of Rights to make educational decisions pursuant to this Section for the purpose of appointing the student's parent or other adult to represent the educational interests of the student.
A student may terminate the Delegation of Rights at any time and assume the right to make decisions regarding his or her education. The Delegation of Rights shall meet all of the following requirements:
(A) It shall remain in effect for one year after the
date of execution, but may be renewed annually with the written or other formal authorization of the student and the person the student delegates to represent the educational interests of the student.
(B) It shall be signed by the student or verified by
other means, such as audio or video or other alternative format compatible with the student's disability showing that the student has agreed to the terms of the delegation.
(C) It shall be signed or otherwise manifest
verification that the designee accepts the delegation.
(D) It shall include declarations that the student
(i) is 18 years of age or older, (ii) intends to delegate his or her educational rights under federal and State law to a specified individual who is at least 18 years of age, (iii) has not been adjudged incompetent under State law, (iv) is entitled to be present during the development of the student's individualized education program and to raise issues or concerns about the student's individualized education program, (v) will be permitted to terminate the Delegation of Rights at any time, and (vi) will notify the school district immediately if the student terminates the Delegation of Rights.
(E) It shall be identical or substantially the same
DELEGATION OF RIGHTS TO MAKE EDUCATIONAL DECISION
I, (insert name), am 18 years of age or older and a student who has the right to make educational decisions for myself under State and federal law. I have not been adjudged incompetent and, as of the date of the execution of this document, I hereby delegate my right to give consent and make decisions concerning my education to (insert name), who will be considered my "parent" for purposes of the Individuals with Disabilities Education Improvement Act of 2004 and Article 14 of the School Code and will exercise all of the rights and responsibilities concerning my education that are conferred on a parent under those laws. I understand and give my consent for (insert name) to make all decisions relating to my education on my behalf. I understand that I have the right to be present at meetings held to develop my individualized education program and that I have the right to raise any issues or concerns I may have and that the school district must consider them.
This delegation will be in effect for one year from the date of execution below and may be renewed by my written or other formal authorization. I also understand that I have the right to terminate this Delegation of Rights at any time and assume the right to make my own decisions regarding my education. I understand that I must notify the school district immediately if I revoke this Delegation of Rights prior to its expiration.
DATE: (insert date)
Accepted by: (insert name)
(Source: P.A. 95-372, eff. 8-23-07.)
105 ILCS 5/14-7.01
(105 ILCS 5/14-7.01)
(from Ch. 122, par. 14-7.01)
Children attending classes in another district.) If a
child, resident of one school district, because of his disability, attends
a class or school for any of such types of children in another school
district, the school district in which he resides shall grant the proper
permit, provide any necessary transportation, and pay to the school
district maintaining the special educational facilities the per capita
cost of educating such children.
Such per capita cost shall be computed in the following manner. The
cost of conducting and maintaining any special educational facility
shall be first determined and shall include the following expenses
applicable only to such educational facility under rules and regulations
established by the State Board of Education as follows:
(a) Salaries of teachers, professional workers, necessary
non-certified workers, clerks, librarians, custodial employees, readers,
and any district taxes specifically for their pension and retirement
(b) Educational supplies and equipment including textbooks.
(c) Administrative costs and communication.
(d) Operation of physical plant including heat, light, water,
repairs, and maintenance.
(e) Auxiliary service, including up to 20% of transportation cost.
(f) Depreciation of physical facilities at a rate of $200 per pupil, or
the actual rental paid for the physical facilities calculated on a per
pupil basis. From such total cost thus determined there shall be deducted
the State reimbursement due on account of such educational program for the
same year, not including any State reimbursement for special education
transportation and offsetting federal revenue for the program, except
federally funded health care reimbursement need not be deducted. Such net
cost shall be divided by the average number of pupils in average daily
enrollment in such special education facility for the school year in order
to arrive at the net per capita tuition cost.
If the child, resident of any school district, because of his
disability, attends a class or school for any of such types of
maintained in a teacher training center supported by public funds or
State institution of higher learning, the resident district shall
provide any necessary transportation and shall be eligible to the
transportation reimbursement provided in Section 14-13.01.
A resident district may, upon request, provide transportation for
residents of the district who meet the requirements, other than the
specified age, of children with disabilities as defined in
14-1.02, who attend classes in another district, and
shall make a charge for any such transportation in an amount equal to
the cost thereof, including a reasonable allowance for depreciation of
the vehicles used.
(Source: P.A. 89-397, eff. 8-20-95.)
105 ILCS 5/14-7.02
(105 ILCS 5/14-7.02)
(from Ch. 122, par. 14-7.02)
Children attending private schools, public
out-of-state schools, public school residential facilities or private
special education facilities.
The General Assembly recognizes that non-public
schools or special education facilities provide an important service in the
educational system in Illinois.
If because of his or her disability the special education
program of a district is unable to meet the needs of a child and the
child attends a non-public school or special education facility, a
public out-of-state school or a special education facility owned and
operated by a county government unit that provides special educational
services required by the child and is in compliance with the appropriate
rules and regulations of the State Superintendent of Education, the
school district in which the child is a resident shall pay the actual
cost of tuition for special education and related services provided
during the regular school term and during the summer school term if the
child's educational needs so require, excluding room, board and
transportation costs charged the child by that non-public school or
special education facility, public out-of-state school or county special
education facility, or $4,500 per year, whichever is less, and shall
provide him any necessary transportation. "Nonpublic special
education facility" shall include a residential facility,
within or without the State of Illinois, which provides
special education and related services to meet the needs of the child by
utilizing private schools or public schools, whether located on the site
or off the site of the residential facility.
The State Board of Education shall promulgate rules and regulations
for determining when placement in a private special education facility
is appropriate. Such rules and regulations shall take into account
the various types of services needed by a child and the availability
of such services to the particular child in the public school.
In developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on
Education of Children with Disabilities and hold public
hearings to secure recommendations from parents, school personnel,
and others concerned about this matter.
The State Board of Education shall also promulgate rules and
regulations for transportation to and from a residential school.
Transportation to and from home to a residential school more than once
each school term shall be subject to prior approval by the State
Superintendent in accordance with the rules and regulations of the State
A school district making tuition payments pursuant to this
Section is eligible for reimbursement from the State for the amount of
such payments actually made in excess of the district per capita tuition
charge for students not receiving special education services.
Such reimbursement shall be approved in accordance with Section 14-12.01
and each district shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms prescribed by the
State Superintendent of Education. Data used as a basis of reimbursement
claims shall be for the preceding regular school term and summer school
term. Each school district shall transmit its claims to the State Board of Education
on or before
August 15. The State Board of Education, before approving any such claims,
shall determine their accuracy and whether they are based upon services
and facilities provided under approved programs. Upon approval the State
Board shall cause vouchers to be prepared showing the amount due
for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on
the 30th day of September, December, and March, respectively, and the final
voucher, no later than June 20. If the
money appropriated by the General Assembly for such purpose for any year
is insufficient, it shall be apportioned on the basis of the claims approved.
No child shall be placed in a special education program pursuant to
this Section if the tuition cost for special education and related
services increases more than 10 percent over the tuition cost for the
previous school year or exceeds $4,500 per year unless such costs have
been approved by the Illinois Purchased Care Review Board. The
Illinois Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and Family
Services, Public Health,
Public Aid, and the
Governor's Office of Management and Budget; the
Secretary of Human Services; the State Superintendent of Education; and such
other persons as the
Governor may designate. The Review Board shall establish rules and
regulations for its determination of allowable costs and payments made by
local school districts for special education, room and board, and other related
services provided by non-public schools or special education facilities and
shall establish uniform standards and criteria which it shall follow.
The Review Board shall establish uniform definitions and criteria for
accounting separately by special education, room and board and other
related services costs. The Board shall also establish guidelines for
the coordination of services and financial assistance provided by all
State agencies to assure that no otherwise qualified disabled child
receiving services under Article 14 shall be excluded from participation
in, be denied the benefits of or be subjected to discrimination under
any program or activity provided by any State agency.
The Review Board shall review the costs for special education and
related services provided by non-public schools or special education
facilities and shall approve or disapprove such facilities in accordance
with the rules and regulations established by it with respect to
The State Board of Education shall provide administrative and staff support
for the Review Board as deemed reasonable by the State Superintendent of
Education. This support shall not include travel expenses or other
compensation for any Review Board member other than the State Superintendent of
The Review Board shall seek the advice of the Advisory Council on
Education of Children with Disabilities on the rules and
regulations to be
promulgated by it relative to providing special education services.
If a child has been placed in a program in which the actual per pupil costs
of tuition for special education and related services based on program
enrollment, excluding room, board and transportation costs, exceed $4,500 and
such costs have been approved by the Review Board, the district shall pay such
total costs which exceed $4,500. A district making such tuition payments in
excess of $4,500 pursuant to this Section shall be responsible for an amount in
excess of $4,500 equal to the district per capita
tuition charge and shall be eligible for reimbursement from the State for
the amount of such payments actually made in excess of the districts per capita
tuition charge for students not receiving special education services.
If a child has been placed in an approved individual program and the
tuition costs including room and board costs have been approved by the
Review Board, then such room and board costs shall be paid by the
appropriate State agency subject to the provisions of Section 14-8.01 of
this Act. Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall the
State's liability for funding of these tuition costs begin until after
the legal obligations of third party payors have been subtracted from
such costs. If the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned on the
basis of the claims approved. Each district shall submit estimated claims to the State
Superintendent of Education. Upon approval of such claims, the State
Superintendent of Education shall direct the State Comptroller to make payments
on a monthly basis. The frequency for submitting estimated
claims and the method of determining payment shall be prescribed in rules
and regulations adopted by the State Board of Education. Such current state
reimbursement shall be reduced by an amount equal to the proceeds which
the child or child's parents are eligible to receive under any public or
private insurance or assistance program. Nothing in this Section shall
be construed as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services provided to
a disabled child.
If it otherwise qualifies, a school district is eligible for the
transportation reimbursement under Section 14-13.01 and for the
reimbursement of tuition payments under this Section whether the
non-public school or special education facility, public out-of-state
school or county special education facility, attended by a child who
resides in that district and requires special educational services, is
within or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this Section unless
the district certifies to the State Superintendent of Education that the
district is unable to provide special educational services required by
the child for the current school year.
Nothing in this Section authorizes the reimbursement of a school
district for the amount paid for tuition of a child attending a
non-public school or special education facility, public out-of-state
school or county special education facility unless the school district
certifies to the State Superintendent of Education that the special
education program of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of Education finds
that the school district is in substantial compliance with Section 14-4.01. However, if a child is unilaterally placed by a State agency or any court in a non-public school or special education facility, public out-of-state school, or county special education facility, a school district shall not be required to certify to the State Superintendent of Education, for the purpose of tuition reimbursement, that the special education program of that district is unable to meet the needs of a child because of his or her disability.
Any educational or related services provided, pursuant to this
Section in a non-public school or special education facility or a
special education facility owned and operated by a county government
unit shall be at no cost to the parent or guardian of the child.
However, current law and practices relative to contributions by parents
or guardians for costs other than educational or related services are
not affected by this amendatory Act of 1978.
Reimbursement for children attending public school residential facilities
shall be made in accordance with the provisions of this Section.
Notwithstanding any other provision of law, any school district
receiving a payment under this Section or under Section 14-7.02b, 14-13.01, 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 general State aid pursuant
to Section 18-8.05 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
general State aid 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.
(Source: P.A. 93-1022, eff. 8-24-04; 94-177, eff. 7-12-05.)
105 ILCS 5/14-7.02a
(105 ILCS 5/14-7.02a)
(from Ch. 122, par. 14-7.02a)
(Source: P.A. 92-568, eff. 6-26-02. Repealed by P.A. 93-1022, eff. 8-24-04.)
105 ILCS 5/14-7.02b
(105 ILCS 5/14-7.02b)
Funding for children requiring special education services.
Payments to school districts for children requiring
special education services documented in their individualized education
program regardless of the program from which these services are received,
excluding children claimed under Sections 14-7.02 and 14-7.03 of this Code,
be made in accordance with this Section. Funds received under this Section
may be used only for the provision of special educational facilities and
services as defined in Section 14-1.08 of this Code.
The appropriation for fiscal year 2005 and thereafter shall be based upon
the IDEA child count of all students in the State, excluding students
claimed under Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the
fiscal year 2
preceding, multiplied by 17.5% of the general State aid
foundation level of support established for that fiscal year under Section
Beginning with fiscal year 2005 and through fiscal year 2007, individual school districts
shall not receive payments under this Section totaling less than they received
funding authorized under Section 14-7.02a of this Code
during fiscal year 2004, pursuant to the provisions of Section 14-7.02a as they
were in effect before the effective date of this amendatory Act of the 93rd
General Assembly. This base level funding shall be computed first.
Beginning with fiscal year 2008 and each fiscal year thereafter, individual school districts must not receive payments under this Section totaling less than they received in fiscal year 2007. This funding shall be computed last and shall be a separate calculation from any other calculation set forth in this Section. This amount is exempt from the requirements of Section 1D-1 of this Code.
An amount equal to 85% of the funds remaining in the appropriation shall be allocated to school districts based upon the
district's average daily attendance reported for purposes of Section
18-8.05 of this Code for the preceding school year. Fifteen percent of the
remaining in the appropriation
shall be allocated to school districts based upon the district's low income
eligible pupil count used in the calculation of general State aid under Section
18-8.05 of this Code for the same fiscal year. One hundred percent of the
computed and allocated to districts under this Section shall be distributed and
paid to school districts.
students with disabilities whose program costs exceed 4 times the
district's per capita tuition rate
as calculated under Section 10-20.12a of this Code, the costs in excess
of 4 times the district's per capita tuition rate shall be paid by the State
Board of Education from unexpended IDEA discretionary funds originally
designated for room and board reimbursement pursuant to Section
14-8.01 of this Code. The amount of tuition for these children shall be
determined by the actual cost of maintaining classes for these children,
using the per
capita cost formula set forth in Section 14-7.01 of this Code, with the
program and cost being pre-approved by the State Superintendent of
Education. Reimbursement for individual students with disabilities whose program costs exceed 4 times the district's per capita tuition rate shall be claimed beginning with costs encumbered for the 2004-2005 school year and thereafter.
The State Board of Education shall prepare vouchers equal to one-fourth the
amount allocated to districts, for transmittal
to the State Comptroller on the 30th day of September, December, and March,
respectively, and the final voucher, no later than June 20. The Comptroller
shall make payments pursuant to this Section to school districts as soon as possible after receipt of vouchers. If the money
appropriated from the General Assembly for such purposes for any year is
insufficient, it shall be apportioned on the basis of the payments due to
Nothing in this Section shall be construed to decrease or increase the
percentage of all special education funds that are allocated annually
under Article 1D of this Code
or to alter the requirement that a
school district provide special education services.
Nothing in this amendatory Act of the 93rd General Assembly shall
eliminate any reimbursement obligation owed as of the effective date of this
amendatory Act of the 93rd General Assembly to a school district with in excess
of 500,000 inhabitants.
(Source: P.A. 93-1022, eff. 8-24-08. 95-705, eff. 1-8-08.)
105 ILCS 5/14-7.03
(105 ILCS 5/14-7.03)
(from Ch. 122, par. 14-7.03)
Special Education Classes for Children from Orphanages,
Foster Family Homes, Children's Homes, or in State Housing Units.
school district maintains special education classes on the site of
orphanages and children's homes, or if children from the orphanages,
children's homes, foster family homes, other State agencies, or State
residential units for children attend classes for children with disabilities
in which the school district is a participating member of a joint
agreement, or if the children from the orphanages, children's homes,
foster family homes, other State agencies, or State residential units
attend classes for the children with disabilities maintained by the school
district, then reimbursement shall be paid to eligible districts in
accordance with the provisions of this Section by the Comptroller as directed
by the State Superintendent of Education.
The amount of tuition for such children shall be determined by the
actual cost of maintaining such classes, using the per capita cost formula
set forth in Section 14-7.01, such program and cost to be pre-approved by
the State Superintendent of Education.
On forms prepared by the State Superintendent of Education, the
district shall certify to the regional superintendent the following:
(1) The name of the home or State residential unit
with the name of the owner or proprietor and address of those maintaining it;
(2) That no service charges or other payments
authorized by law were collected in lieu of taxes therefrom or on account thereof during either of the calendar years included in the school year for which claim is being made;
(3) The number of children qualifying under this Act
in special education classes for instruction on the site of the orphanages and children's homes;
(4) The number of children attending special
education classes for children with disabilities in which the district is a participating member of a special education joint agreement;
(5) The number of children attending special
education classes for children with disabilities maintained by the district;
(6) The computed amount of tuition payment claimed as
due, as approved by the State Superintendent of Education, for maintaining these classes.
If a school district makes a claim for reimbursement under Section
18-3 or 18-4 of this Act it shall not include in any claim filed under
this Section a claim for such children. Payments authorized by law,
including State or federal grants for education of children included in
this Section, shall be deducted in determining the tuition amount.
Nothing in this Act shall be construed so as to prohibit
reimbursement for the tuition of children placed in for profit facilities.
Private facilities shall provide adequate space at the
facility for special education classes provided by a school district or
joint agreement for children with disabilities who are
residents of the
facility at no cost to the school district or joint agreement upon
request of the school district or joint agreement. If such a private
facility provides space at no cost to the district or joint agreement
for special education classes provided to children with
disabilities who are
residents of the facility, the district or joint agreement shall not
include any costs for the use of those facilities in its claim for
Reimbursement for tuition may include the cost of providing summer
school programs for children with severe and profound disabilities served
under this Section. Claims for that reimbursement shall be filed by
November 1 and shall be paid on or before December 15 from
appropriations made for the purposes of this Section.
The State Board of Education shall establish such rules and
regulations as may be necessary to implement the provisions of this
Claims filed on behalf of programs operated under this Section housed in a
jail, detention center, or county-owned shelter care facility
shall be on an individual student basis only for
eligible students with disabilities. These claims shall be in accordance with
Each district claiming reimbursement for a program operated as a group
program shall have an approved budget on file with the State Board of
Education prior to the initiation of the program's operation. On September
30, December 31, and March 31, the State Board of Education shall voucher
payments to group programs based upon the approved budget during the year
of operation. Final claims for group payments shall be filed on or before
July 15. Final claims for group programs received at the State
Education on or before June 15 shall be vouchered by June 30. Final claims
received at the State Board of Education between June 16 and July 15
shall be vouchered by August 30. Claims for group programs
after July 15 shall not be honored.
Each district claiming reimbursement for individual students shall have the
eligibility of those students verified by the State Board of Education. On
September 30, December 31, and March 31, the State Board of Education shall
voucher payments for individual students based upon an estimated cost
calculated from the prior year's claim. Final claims for individual students
for the regular school term must be received at the State Board of Education by
July 15. Claims for individual students received after July 15 shall not
be honored. Final claims for individual students shall be vouchered by
Reimbursement shall be made based upon approved group programs or
individual students. The State Superintendent of Education shall direct the
Comptroller to pay a specified amount to the district by the 30th day of
September, December, March, June, or August, respectively. However,
notwithstanding any other provisions of this Section or the School Code,
beginning with fiscal year 1994 and each fiscal year thereafter, if the amount appropriated for any fiscal year
is less than the amount required for purposes of this Section, the amount
required to eliminate any insufficient reimbursement for each district claim
under this Section shall be reimbursed on August 30 of the next fiscal
year. Payments required to eliminate any insufficiency for prior
fiscal year claims shall be made before any claims are paid for the current
The claim of a school district otherwise eligible to be reimbursed in
accordance with Section 14-12.01 for the 1976-77 school year but for
this amendatory Act of 1977 shall not be paid unless the district ceases
to maintain such classes for one entire school year.
If a school district's current reimbursement payment for the 1977-78
school year only is less than the prior year's reimbursement payment
owed, the district shall be paid the amount of the difference between
the payments in addition to the current reimbursement payment, and the
amount so paid shall be subtracted from the amount of prior year's
reimbursement payment owed to the district.
Regional superintendents may operate special education classes for
children from orphanages, foster family homes, children's homes or State
housing units located within the educational services region upon consent
of the school board otherwise so obligated. In electing to assume the
powers and duties of a school district in providing and maintaining such a
special education program, the regional superintendent may enter into joint
agreements with other districts and may contract with public or private
schools or the orphanage, foster family home, children's home or State
housing unit for provision of the special education program. The regional
superintendent exercising the powers granted under this Section shall claim
the reimbursement authorized by this Section directly from the State Board
Any child who is not a resident of Illinois who is placed in a child
welfare institution, private facility, foster family home, State operated
program, orphanage or children's home shall have the payment for his
educational tuition and any related services assured by the placing agent.
For each disabled student who is placed in a residential facility by an Illinois public
agency or by any court in this State, the costs for educating the student
are eligible for reimbursement under this Section.
The district of residence of the disabled student as
defined in Section 14-1.11a is responsible for the actual costs of
the student's special education program and is eligible for reimbursement under
this Section when placement is made by a State agency or the courts.
When a dispute arises over the determination of the district of
residence under this Section, the district or districts may appeal the decision in writing to
the State Superintendent of Education, who, upon review of materials submitted and any other items or information he or she may request for submission, shall issue a written decision on the matter. The decision of the State
Superintendent of Education shall be final.
In the event a district does not make a tuition
payment to another district that is providing the special education
program and services, the State Board of Education shall immediately
withhold 125% of
the then remaining annual tuition cost from the State aid or categorical
aid payment due to the
school district that is determined to be the resident school district. All
funds withheld by the State Board of Education shall immediately be
forwarded to the
school district where the student is being served.
When a child eligible for services under this Section 14-7.03 must be
placed in a nonpublic facility, that facility shall meet the programmatic
requirements of Section 14-7.02 and its regulations, and the educational
services shall be funded only in accordance with this Section 14-7.03.
(Source: P.A. 95-313, eff. 8-20-07; 95-844, eff. 8-15-08.)
105 ILCS 5/14-7.03a
(105 ILCS 5/14-7.03a)
(from Ch. 122, par. 14-7.03a)
(Source: P.A. 80-1481. Repealed by P.A. 90-644, eff. 7-24-98.)
105 ILCS 5/14-7.04
(105 ILCS 5/14-7.04)
(from Ch. 122, par. 14-7.04)
Health care reimbursement.
(a) Local educational agencies
may utilize federally funded health care programs to share in the costs of
services which are provided to children requiring special education and
related services and which are either listed on an individualized education
program established pursuant to the federal Education for All Handicapped
Children Act of 1975, Public Law No. 94-142 or are provided under an
individualized family service plan established pursuant to the federal
Education of the Handicapped Act Amendments of 1986, Public Law No. 99-457.
Those federally funded health care programs shall also share in the cost
of all screenings and diagnostic evaluations for children suspected of
having or known to have a disability.
However, all such services shall continue to be initially funded by the
local educational agency and shall be provided regardless of subsequent
cost sharing with other funding sources. Federally funded health care
reimbursement funds are supplemental and shall not be used to reduce any
other Federal payments, private payments or State Board of Education funds
for special education as provided in Article 14 of the School Code for
which the local education agency is eligible.
Local educational agencies providing early periodic screening and
diagnostic testing services on or after August 1, 1991, including screening
and diagnostic services, health care and treatment, preventive health care,
and any other measure to correct or improve health impairments of
Medicaid-eligible children, may also access federally funded health care
The State Board of Education and the Department of Healthcare and Family Services may enter
into an intergovernmental agreement whereby school districts or their
agents may claim medicaid matching funds for medicaid eligible special
education children as authorized by Section 1903 of the Social Security
Act. Under that intergovernmental agreement, school districts or their
agents may also claim federal funds for the services provided to special
education students enrolled in the Children's Health
(b) No employee or officer of a school district, special education
joint agreement, office of a regional superintendent of schools or the
State Board of Education may have a direct or indirect financial interest
in any agreement between the entity of which the person is an employee or
officer and any corporation, organization or other entity that collects or
participates in the collection of payments from private health care benefit
plans or federally funded health care programs authorized under this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
105 ILCS 5/14-7.05
(105 ILCS 5/14-7.05)
Placement in residential facility; payment of educational costs.
For any student with a disability in a residential facility placement made or paid for by an Illinois public State agency or made by any court in this State, the school district of residence as determined pursuant to this Article is responsible for the costs of educating the child and shall be reimbursed for those costs in accordance with this Code. Subject to this Section and relevant State appropriation, the resident district's financial responsibility and reimbursement must be calculated in accordance with the provisions of Section 14-7.02 of this Code. In those instances in which a district receives a block grant pursuant to Article 1D of this Code, the district's financial responsibility is limited to the actual educational costs of the placement, which must be paid by the district from its block grant appropriation. Resident district financial responsibility and reimbursement applies for both residential facilities that are approved by the State Board of Education and non-approved facilities, subject to the requirements of this Section. The Illinois placing agency or court remains responsible for funding the residential portion of the placement and for notifying the resident district prior to the placement, except in emergency situations. The residential facility in which the student is placed shall notify the resident district of the student's enrollment as soon as practicable after the placement. Failure of the placing agency or court to notify the resident district prior to the placement does not absolve the resident district of financial responsibility for the educational costs of the placement; however, the resident district shall not become financially responsible unless and until it receives written notice of the placement by either the placing agency, court, or residential facility. The placing agency or parent shall request an individualized education program (IEP) meeting from the resident district if the placement would entail additional educational services beyond the student's current IEP. The district of residence shall retain control of the IEP process, and any changes to the IEP must be done in compliance with the federal Individuals with Disabilities Education Act.
Payments shall be made by the resident district to the entity providing the educational services, whether the entity is the residential facility or the school district wherein the facility is located, no less than once per quarter unless otherwise agreed to in writing by the parties.
A residential facility providing educational services within the facility, but not approved by the State Board of Education, is required to demonstrate proof to the State Board of (i) appropriate certification of teachers for the student population, (ii) age-appropriate curriculum, (iii) enrollment and attendance data, and (iv) the ability to implement the child's IEP. A school district is under no obligation to pay such a residential facility unless and until such proof is provided to the State Board's satisfaction.
When a dispute arises over the determination of the district of residence under this Section, any person or entity, including without limitation a school district or residential facility, may make a written request for a residency decision to the State Superintendent of Education, who, upon review of materials submitted and any other items of information he or she may request for submission, shall issue his or her decision in writing. The decision of the State Superintendent of Education is final.
(Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)