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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]|
90_HB3484enr 105 ILCS 5/18-3 from Ch. 122, par. 18-3 Amends the School Code. Changes the formula for determining the tuition cost payment for children from orphanages and children's homes. Provides for multiplying the number of those children in average daily attendance by the product of 1.2 (now 1.0) times the total annual per capita cost of administering the district's schools. Adds provisions authorizing reimbursement of excess costs under certain circumstances. Effective immediately. LRB9010084THpk HB3484 Enrolled LRB9010084THpk 1 AN ACT to amend the School Code by changing Sections 2 14-3.01, 14-7.03, and 18-3 and repealing Section 14-7.03a. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The School Code is amended by changing 6 Sections 14-3.01, 14-7.03, and 18-3 as follows: 7 (105 ILCS 5/14-3.01) (from Ch. 122, par. 14-3.01) 8 Sec. 14-3.01. Advisory Council. This amendatory Act of 9 1998, in compliance with the reauthorization of IDEA in 1997, 10 makes changes in the membership and responsibilities of the 11 Advisory Council on the Education of Children with 12 Disabilities. The Council shall provide advice and policy 13 guidance to the Governor, General Assembly, and the State 14 Board of Education with respect to special education and 15 related services for children with disabilities. The State 16 Board of Education shall seek the advice of the Advisory 17 Council regarding all rules and regulations related to the 18 education of children with disabilities that are to be 19 promulgated by the State Board of Education. The State Board 20 of Education shall seek the advice of the Advisory Council on 21 modifications or additions to comprehensive plans submitted 22 under Section 14-4.01. The Council shall consider any rule 23 or regulation or plan submitted to it by the State Board of 24 Education within 60 days after its receipt by the chairperson 25 of the Council. 26 Additionally, the Advisory Council shall: (1) advise the 27 General Assembly, the Governor, and the State Board of 28 Education on unmet needs in the education of children with 29 disabilities; (2) assist the State Board of Education in 30 developing evaluations and reporting on data to the United 31 States Secretary of Education; (3) advise the State Board of HB3484 Enrolled -2- LRB9010084THpk 1 Education relative to qualifications for hearing officers and 2 the rules and procedures for hearings conducted under Section 3 14-8.02 or 14-8.02a; (4) comment publicly on any rules or 4 regulations proposed by the State regarding the education of 5 children with disabilities and the procedures for 6 distribution of funds under this Act; (5) advise the State 7 Board of Education in developing corrective action plans to 8 address findings identified in federal monitoring reports 9 pursuant to the Individuals with Disabilities Education Act; 10 (6) advise State and local education agencies regarding 11 educational programs and materials that may be provided to 12 children with disabilities to enable them to fully exercise 13 their constitutional and legal rights and entitlements as 14 citizens, including those afforded under the Federal 15 Rehabilitation Act of 1973, as amended, and the Illinois 16 Human Rights Act; and (7) advise the State Board of Education 17 in developing and implementing policies relating to the 18 coordination of services for children with disabilities. 19 The Council shall be composed of 27 members, including 23 20 voting members appointed by the Governor and 4 ex-officio 21 voting members. Members shall be broadly representative of 22 the State's population in regard to developmental, physical, 23 and mental disabilities, race, ethnic background, gender, and 24 geographic location. Nine members shall be parents of 25 children with disabilities between the ages of 3 and 21 years 26 currently receiving special education services at public 27 expense. Five members shall be individuals with 28 disabilities, including one student or former student who is 29 at least 18 years of age and no older than 21 years of age at 30 the time of his or her appointment to the Council and who is 31 receiving special education services at public expense or 32 received those services at the time his or her high school 33 program terminated. Within 30 days after the effective date 34 of this amendatory Act of 1998, the Governor or his designee HB3484 Enrolled -3- LRB9010084THpk 1 shall invite statewide organizations, being as inclusive as 2 possible and based upon a reasonable inquiry, and Parent 3 Training and Information Centers representing parents of 4 children with disabilities, individuals with disabilities or 5 both, to convene for the purpose of recommending to the 6 Governor twice the number of individuals required to be 7 appointed as members from each of the categories described in 8 this paragraph, from which the Governor may appoint the 14 9 members of the Council who are parents of children with 10 disabilities and individuals with disabilities. The 9 11 members who are parents of children with disabilities between 12 the ages of 3 and 21 years receiving special education 13 services at public expense and the 5 members who are 14 individuals with disabilities shall not be current full or 15 part-time employees of school districts, special education 16 cooperatives, regional service areas or centers, or any 17 agency under the jurisdiction of any elected State official. 18 In addition, the Governor shall appoint one regional 19 superintendent of schools, one representative of an 20 institution of higher education that prepares special 21 education and related services personnel, one teacher of 22 students with disabilities, one superintendent of a public 23 school district, one director of a special education 24 cooperative or special education administrator from a school 25 district of less than 500,000 population, one representative 26 of a public charter school, one representative of a private 27 school serving children with disabilities, one representative 28 of a vocational, community, or business organization that 29 provides transition services to children with disabilities, 30 and one at-large member from the general public. In 31 addition, the Secretary of Human Services or his or her 32 designee, the Director of Children and Family Services or his 33 or her designee, the Director of Corrections or his or her 34 designee, and the Director of Special Education for the City HB3484 Enrolled -4- LRB9010084THpk 1 of Chicago School District #299 or his or her designee shall 2 serve as ex-officio voting members of the Council. 3 All Council members shall be legal residents of the State 4 of Illinois and shall be selected, as far as practicable, on 5 the basis of their knowledge of, or experience in, the 6 education of children with disabilities. 7 The initial members to be appointed to the Council by the 8 Governor under the provisions of this amendatory Act of 1998 9 shall be appointed within 60 days after the effective date of 10 that amendatory Act; provided that those persons who are 11 serving as Council members on that effective date and who, as 12 determined by the Governor after consultation with the State 13 Board of Education, meet the requirements established by this 14 amendatory Act for appointment to membership on the Council 15 shall continue to serve as Council members until the 16 completion of the remainder of their current terms. The 17 initial members of the Council who are not Council members on 18 the effective date of this amendatory Act of 1998 and who are 19 appointed by the Governor under this amendatory Act of 1998 20 shall by lot determine one-third of their number to serve for 21 a term of 2 years (provided that person appointed as the 22 student or former student member shall be included among 23 those members who are to serve a term of 2 years), one-third 24 of their number to serve for a term of 3 years, and one-third 25 of their number to serve for a term of 4 years; provided, 26 that if the total number of initial members so appointed by 27 the Governor is not divisible into 3 whole numbers, all of 28 the initial members so appointed shall by lot be assigned to 29 3 groups as follows: (i) the members assigned to the first 30 group, who shall include the student or former student member 31 and who shall be equal in number to the number of members who 32 are assigned to the second group, shall serve for a term of 2 33 years; (ii) the members assigned to the second group, who 34 shall be equal in number to the number of members who are HB3484 Enrolled -5- LRB9010084THpk 1 assigned to the first group, shall serve for a term of 3 2 years; and (iii) the members assigned to the third group, who 3 shall comprise the remainder of the initial members so 4 appointed by the Governor and whose number shall be either 5 one more or one less than the number of members assigned to 6 either the first group or second group, shall serve for a 7 term of 4 years. Upon expiration of the term of office of a 8 member of the Council who is not an ex-officio member, his or 9 her successor shall be appointed by the Governor to serve for 10 a term of 4 years, except that a successor appointed as the 11 student or former student member shall be appointed to serve 12 for a term of 2 years. Each member of the Council who is not 13 an ex-officio member and whose term of office expires shall 14 nevertheless continue to serve as a Council member until his 15 or her successor is appointed. Each of the 4 ex-officio 16 members of the Council shall continue to serve as a Council 17 member during the period in which he or she continues to hold 18 the office by reason of which he or she became an ex-officio 19 member of the Council. The initial members of the Council 20 who are not ex-officio members shall not, upon completion of 21 their respective initial terms, be appointed to serve more 22 than one additional consecutive term of 4 years, nor shall 23 any successor member of the Council be appointed to serve 24 more than 2 full consecutive 4-year terms; provided, that a 25 person appointed as the student or former student member 26 shall serve only one two-year term and shall not be 27 reappointed to serve for an additional term. Vacancies in 28 Council memberships held by parents of children with 29 disabilities or individuals with disabilities may be filled 30 from the original list of such parents and individuals 31 recommended to the Governor. The Governor shall reconvene 32 the group of organizations that provided the original list of 33 parents of children with disabilities and individuals with 34 disabilities when additional recommendations for those HB3484 Enrolled -6- LRB9010084THpk 1 Council memberships are needed, but at a minimum the group 2 shall be convened every 2 years for the purpose of updating 3 the list of recommended parents or individuals. A vacancy in 4 an appointed membership on the Council shall be filled for 5 the unexpired balance of the term of that membership in the 6 same manner that the original appointment for that membership 7 was made. 8 The terms of all persons serving as Advisory Council 9 members on the effective date of this amendatory Act of 1998 10 who are not determined by the Governor, after consultation 11 with the State Board of Education, to meet the requirements 12 established by this amendatory Act for appointment to initial 13 membership on the Council shall terminate on the date that 14 the Governor completes his appointments of the initial 15 members of the Council under this amendatory Act, and the 16 members of the Council as constituted under this amendatory 17 Act shall take office and assume their powers and duties on 18 that date. 19 The Council as constituted under this amendatory Act of 20 1998 shall organize with a chairperson selected by the 21 Council members and shall meet at the call of the chairperson 22 upon 10 days written notice but not less than 4 times a year. 23 The Council shall establish such committees and procedures as 24 it deems appropriate to carry out its responsibilities under 25 this Act and the federal Individuals with Disabilities 26 Education Act. 27 The State Board of Education shall designate an employee 28 to act as executive secretary of the Council and shall 29 furnish all professional and clerical assistance necessary 30 for the performance of its duties. 31 Members of the Council shall serve without compensation 32 but shall be reimbursed for the necessary expenses incurred 33 in the performance of their duties in accordance with the 34 State Board of Education's Travel Control Policy.
There isHB3484 Enrolled -7- LRB9010084THpk 1 hereby created a special education Advisory Council on2 Education of Children with Disabilities to consist of 153 members appointed by the Governor, who shall hold office for4 4 years. No person shall be appointed to serve more than 25 consecutive terms on the Advisory Council. The terms of6 members serving at the time of this amendatory Act of 19787 are not affected by this amendatory Act. The membership8 shall include an adult with disabilities, 2 parents of9 children with disabilities, a consumer representative, a10 representative of a private provider, a teacher of the11 disabled, a regional superintendent of an educational service12 region, a superintendent of a school district, a director of13 special education from a district of less than 500,00014 population, a professional affiliated with an institution of15 higher education, and a member of the general public and the16 Director of Special Education for the Chicago Board of17 Education, as an ex-officio voting member. Of the members18 appointed after the effective date of this amendatory Act of19 1978, the Governor shall appoint one member to an initial20 term of 2 years, one member to an initial term of 3 years and21 one member to an initial term of 4 years. Vacancies shall be22 filled in like manner for the unexpired balance of the term.23 The changes made to this paragraph by this amendatory Act of24 1995 (i) are made for purposes of changing the name of the25 Advisory Council and the manner of referring to a portion of26 its membership, and (ii) are not intended to create a new27 Advisory Council or to change its existing membership or28 otherwise disqualify any current member of the Advisory29 Council from continued membership thereon in accordance with30 the terms of his or her appointment.31 Because of the responsibility of the Department of32 Children and Family Services and the Department of Human33 Services for special education programs, the Director of the34 Department of Children and Family Services and the SecretaryHB3484 Enrolled -8- LRB9010084THpk 1 of Human Services or their designees shall be ex-officio2 voting members of the Council. In addition, 2 other persons3 representing the Department of Human Services shall serve on4 the Council, one as a voting member and one as a non-voting5 member.6 The members appointed shall be citizens of the United7 States and of this State and shall be selected, as far as8 practicable, on the basis of their knowledge of, or9 experience in, problems of the education of children with10 disabilities.11 The State Board of Education shall seek the advice of the12 Advisory Council regarding all rules or regulations related13 to the education of children with disabilities to be14 promulgated by it. The State Board shall seek the advice of15 the Advisory Council on modifications or additions to16 comprehensive plans submitted under Section 14-4.01.17 Additionally, the Advisory Council shall; (a) advise the18 General Assembly, the Governor and the State Board on the19 unmet needs in the education of children with disabilities,20 (b) assist the State Board in developing and reporting data21 and evaluations which may assist the United States22 Commissioner of Education in the performance of his23 responsibilities under the Education of the Handicapped Act,24 (c) advise the State Board relative to qualifications for25 hearing officers and the rules and procedures for hearings26 conducted under Section 14-8.02 of this Act, (d) comment27 publicly on any rules or regulations proposed by the State28 regarding the education of children with disabilities and the29 procedures for distribution of funds under this Act, and (e)30 advise State and local educational agencies regarding31 educational programs and materials that may be provided to32 children with disabilities to enable them to fully exercise33 their Constitutional and legal rights and entitlements as34 citizens, including those afforded under the FederalHB3484 Enrolled -9- LRB9010084THpk 1 Rehabilitation Act of 1973, as amended, and the Illinois2 Human Rights Act.3 The Council shall organize with a chairman selected by4 the Council members and shall meet at the call of the5 chairman upon 10 days written notice but not less than 46 times a year. The Council shall establish such sub-committees7 as it deems appropriate to review special education issues8 including, but not limited to certification, finance and9 bilingual education. The Council shall consider any rule or10 regulation or plan submitted to it by the State Board of11 Education within 60 days after its receipt by the chairman.12 Members of the Council shall serve without compensation but13 shall be entitled to reasonable amounts for expenses14 necessarily incurred in the performance of their duties.15 The State Board of Education shall designate an employee16 to act as executive secretary of the Council and shall17 furnish all professional and clerical assistance necessary18 for the performance of its powers and duties.19 (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.) 20 (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03) 21 Sec. 14-7.03. Special Education Classes for Children from 22 Orphanages, Foster Family Homes, Children's Homes, or in 23 State Housing Units. If a school district maintains special 24 education classes on the site of orphanages and children's 25 homes, or if children from the orphanages, children's homes, 26 foster family homes, other State agencies, or State 27 residential units for children attend classes for children 28 with disabilities in which the school district is a 29 participating member of a joint agreement, or if the children 30 from the orphanages, children's homes, foster family homes, 31 other State agencies, or State residential units attend 32 classes for the children with disabilities maintained by the 33 school district, then reimbursement shall be paid to eligible HB3484 Enrolled -10- LRB9010084THpk 1 districts in accordance with the provisions of this Section 2 by the Comptroller as directed by the State Superintendent of 3 Education. 4 The amount of tuition for such children shall be 5 determined by the actual cost of maintaining such classes, 6 using the per capita cost formula set forth in Section 7 14-7.01, such program and cost to be pre-approved by the 8 State Superintendent of Education. 9 On forms prepared by the State Superintendent of 10 Education, the district shall certify to the regional 11 superintendent the following: 12 (1) The name of the home or State residential unit 13 with the name of the owner or proprietor and address of 14 those maintaining it; 15 (2) That no service charges or other payments 16 authorized by law were collected in lieu of taxes 17 therefrom or on account thereof during either of the 18 calendar years included in the school year for which 19 claim is being made; 20 (3) The number of children qualifying under this 21 Act in special education classes for instruction on the 22 site of the orphanages and children's homes; 23 (4) The number of children attending special 24 education classes for children with disabilities in which 25 the district is a participating member of a special 26 education joint agreement; 27 (5) The number of children attending special 28 education classes for children with disabilities 29 maintained by the district; 30 (6) The computed amount of tuition payment claimed 31 as due, as approved by the State Superintendent of 32 Education, for maintaining these classes. 33 If a school district makes a claim for reimbursement 34 under Section 18-3 or 18-4 of this Act it shall not include HB3484 Enrolled -11- LRB9010084THpk 1 in any claim filed under this Section a claim for such 2 children. Payments authorized by law, including State or 3 federal grants for education of children included in this 4 Section, shall be deducted in determining the tuition amount. 5 Nothing in this Act shall be construed so as to prohibit 6 reimbursement for the tuition of children placed in for 7 profit facilities. Private facilities shall provide adequate 8 space at the facility for special education classes provided 9 by a school district or joint agreement for children with 10 disabilities who are residents of the facility at no cost to 11 the school district or joint agreement upon request of the 12 school district or joint agreement. If such a private 13 facility provides space at no cost to the district or joint 14 agreement for special education classes provided to children 15 with disabilities who are residents of the facility, the 16 district or joint agreement shall not include any costs for 17 the use of those facilities in its claim for reimbursement. 18 Reimbursement for tuition may include the cost of 19 providing summer school programs for children with severe and 20 profound disabilities served under this Section. Claims for 21 that reimbursement shall be filed by November 1 and shall be 22 paid on or before December 15 from appropriations made for 23 the purposes of this Section. 24 The State Board of Education shall establish such rules 25 and regulations as may be necessary to implement the 26 provisions of this Section. 27 Claims filed on behalf of programs operated under this 28 Section housed in a jail or detention center shall be on an 29 individual student basis only for eligible students with 30 disabilities. These claims shall be in accordance with 31 applicable rules. 32 Each district claiming reimbursement for a program 33 operated as a group program shall have an approved budget on 34 file with the State Board of Education prior to the HB3484 Enrolled -12- LRB9010084THpk 1 initiation of the program's operation. On September 30, 2 December 31, and March 31, the State Board of Education shall 3 voucher payments to group programs based upon the approved 4 budget during the year of operation. Final claims for group 5 payments shall be filed on or before July 15. Final claims 6 for group programs received at the State Board of Education 7 on or before June 15 shall be vouchered by June 30. Final 8 claims received at the State Board of Education between June 9 16 and July 15 shall be vouchered by August 30. Claims for 10 group programs received after July 15 shall not be honored. 11 Each district claiming reimbursement for individual 12 students shall have the eligibility of those students 13 verified by the State Board of Education. On September 30, 14 December 31, and March 31, the State Board of Education shall 15 voucher payments for individual students based upon an 16 estimated cost calculated from the prior year's claim. Final 17 claims for individual students for the regular school term 18 must be received at the State Board of Education by July 15. 19 Claims for individual students received after July 15 shall 20 not be honored. Final claims for individual students shall be 21 vouchered by August 30. 22 Reimbursement shall be made based upon approved group 23 programs or individual students. The State Superintendent of 24 Education shall direct the Comptroller to pay a specified 25 amount to the district by the 30th day of September, 26 December, March, June, or August, respectively. However, 27 notwithstanding any other provisions of this Section or the 28 School Code, beginning with Fiscal Year 1994 and each fiscal 29 year thereafter, if the amount appropriated for any fiscal 30 year is less than the amount required for purposes of this 31 Section, the amount required to eliminate any insufficient 32 reimbursement for each district claim under this Section 33 shall be reimbursed on August 30 of the next fiscal year. 34 Payments required to eliminate any insufficiency for prior HB3484 Enrolled -13- LRB9010084THpk 1 fiscal year claims shall be made before any claims are paid 2 for the current fiscal year. 3 The claim of a school district otherwise eligible to be 4 reimbursed in accordance with Section 14-12.01 for the 5 1976-77 school year but for this amendatory Act of 1977 shall 6 not be paid unless the district ceases to maintain such 7 classes for one entire school year. 8 If a school district's current reimbursement payment for 9 the 1977-78 school year only is less than the prior year's 10 reimbursement payment owed, the district shall be paid the 11 amount of the difference between the payments in addition to 12 the current reimbursement payment, and the amount so paid 13 shall be subtracted from the amount of prior year's 14 reimbursement payment owed to the district. 15 Regional superintendents may operate special education 16 classes for children from orphanages, foster family homes, 17 children's homes or State housing units located within the 18 educational services region upon consent of the school board 19 otherwise so obligated. In electing to assume the powers and 20 duties of a school district in providing and maintaining such 21 a special education program, the regional superintendent may 22 enter into joint agreements with other districts and may 23 contract with public or private schools or the orphanage, 24 foster family home, children's home or State housing unit for 25 provision of the special education program. The regional 26 superintendent exercising the powers granted under this 27 Section shall claim the reimbursement authorized by this 28 Section directly from the State Board of Education. 29 Any child who is not a resident of Illinois who is placed 30 in a child welfare institution, private facility, foster 31 family home, State operated program, orphanage or children's 32 home shall have the payment for his educational tuition and 33 any related services assured by the placing agent. 34 Commencing July 1, 1992, for each disabled student who is HB3484 Enrolled -14- LRB9010084THpk 1 placed residentially by a State agency or the courts for care 2 or custody or both care and custody, welfare, medical or 3 mental health treatment or both medical and mental health 4 treatment, rehabilitation, and protection, whether placed 5 there on, before, or after July 1, 1992, the costs for 6 educating the student are eligible for reimbursement under 7 this Section providing the placing agency or court has 8 notified the appropriate school district authorities of the 9 status of student residency where applicable prior to or upon 10 placement. 11 The district of residence of the parent, guardian, or 12 disabled student as defined in Sections 14-1.11 and 14-1.11a 13 is responsible for the actual costs of the student's special 14 education program and is eligible for reimbursement under 15 this Section when placement is made by a State agency or the 16 courts. Payments shall be made by the resident district to 17 the district wherein the facility is located no less than 18 once per quarter unless otherwise agreed to in writing by the 19 parties. 20 When a dispute arises over the determination of the 21 district of residence, the district or districts may appeal 22 the decision in writing to the State Superintendent of 23 Education. The decision of the State Superintendent of 24 Education shall be final. 25 In the event a district does not make a tuition payment 26 to another district that is providing the special education 27 program and services, the State Board of Education shall 28 immediately withhold 125% of the then remaining annual 29 tuition cost from the State aid or categorical aid payment 30 due to the school district that is determined to be the 31 resident school district. All funds withheld by the State 32 Board of Education shall immediately be forwarded to the 33 school district where the student is being served. 34 When a child eligible for services under this Section HB3484 Enrolled -15- LRB9010084THpk 1 14-7.03 must be placed in a nonpublic facility, that facility 2 shall meet the programmatic requirements of Section 14-7.02 3 and its regulations, and the educational services shall be 4 funded only in accordance with this Section 14-7.03. 5 (Source: P.A. 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 6 89-698, eff. 1-14-97; 90-463, eff. 8-17-97.) 7 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3) 8 Sec. 18-3. Tuition of children from orphanages and 9 children's homes. 10 When the children from any home for orphans, dependent, 11 abandoned or maladjusted children maintained by any 12 organization or association admitting to such home children 13 from the State in general or when children residing in a 14 school district wherein the State of Illinois maintains and 15 operates any welfare or penal institution on property owned 16 by the State of Illinois, which contains houses, housing 17 units or housing accommodations within a school district, 18 attend grades kindergarten through 12 of the public schools 19 maintained by that school district, the State Superintendent 20 of Education shall direct the State Comptroller to pay a 21 specified amount sufficient to pay the annual tuition cost of 22 such children who attended such public schools during the 23 school year ending on June 30, and the Comptroller shall pay 24 the amount after receipt of a voucher submitted by the State 25 Superintendent of Education. 26 The amount of the tuition for such children attending the 27 public schools of the district shall be determined by the 28 State Superintendent of Education by multiplying the number 29 of such children in average daily attendance in such schools 30 by 1.2 times the total annual per capita cost of 31 administering the schools of the district. Such total annual 32 per capita cost shall be determined by totaling all expenses 33 of the school district in the educational, operations and HB3484 Enrolled -16- LRB9010084THpk 1 maintenance, bond and interest, transportation, Illinois 2 municipal retirement, and rent funds for the school year 3 preceding the filing of such tuition claims less expenditures 4 not applicable to the regular K-12 program, less offsetting 5 revenues from State sources except those from the common 6 school fund, less offsetting revenues from federal sources 7 except those from federal impaction aid, less student and 8 community service revenues, plus a depreciation allowance; 9 and dividing such total by the average daily attendance for 10 the year. 11 Annually on or before June 30 the superintendent of the 12 district upon forms prepared by the State Superintendent of 13 Education shall certify to the regional superintendent the 14 following: 15 1. The name of the home and of the organization or 16 association maintaining it; or the legal description of the 17 real estate upon which the house, housing units, or housing 18 accommodations are located and that no taxes or service 19 charges or other payments authorized by law to be made in 20 lieu of taxes were collected therefrom or on account thereof 21 during either of the calendar years included in the school 22 year for which claim is being made; 23 2. The number of children from the home or living in 24 such houses, housing units or housing accommodations and 25 attending the schools of the district; 26 3. The total number of children attending the schools of 27 the district; 28 4. The per capita tuition charge of the district; and 29 5. The computed amount of the tuition payment claimed as 30 due. 31 Whenever the persons in charge of such home for orphans, 32 dependent, abandoned or maladjusted children have received 33 from the parent or guardian of any such child or by virtue of 34 an order of court a specific allowance for educating such HB3484 Enrolled -17- LRB9010084THpk 1 child, such persons shall pay to the school board in the 2 district where the child attends school such amount of the 3 allowance as is necessary to pay the tuition required by such 4 district for the education of the child. If the allowance is 5 insufficient to pay the tuition in full the State 6 Superintendent of Education shall direct the Comptroller to 7 pay to the district the difference between the total tuition 8 charged and the amount of the allowance. 9 Whenever the facilities of a school district in which 10 such house, housing units or housing accommodations are 11 located, are limited, pupils may be assigned by that district 12 to the schools of any adjacent district to the limit of the 13 facilities of the adjacent district to properly educate such 14 pupils as shall be determined by the school board of the 15 adjacent district, and the State Superintendent of Education 16 shall direct the Comptroller to pay a specified amount 17 sufficient to pay the annual tuition of the children so 18 assigned to and attending public schools in the adjacent 19 districts and the Comptroller shall draw his warrant upon the 20 State Treasurer for the payment of such amount for the 21 benefit of the adjacent school districts in the same manner 22 as for districts in which the houses, housing units or 23 housing accommodations are located. 24 Failure on the part of the school board to certify to the 25 regional superintendent the claim of the school district for 26 tuition on account of such children on or before June 30 27 shall constitute a forfeiture by the district of its right to 28 the payment of any such tuition claim for the school year 29 just ended. The regional superintendent shall check and not 30 later than July 15 certify to the State Superintendent of 31 Education the regional report of claims due for such tuition 32 payments. The State Superintendent of Education shall direct 33 the Comptroller to pay to the district, on or before August 34 15, the amount due the district for the school year in HB3484 Enrolled -18- LRB9010084THpk 1 accordance with the calculation of the claim as set forth in 2 this Section. 3 Claims for tuition for children from any home for orphans 4 or dependent, abandoned, or maladjusted children beginning 5 with the 1993-1994 school year shall be paid on a current 6 year basis. On September 30, December 31, and March 31, the 7 State Board of Education shall voucher payments for districts 8 with those students based on an estimated cost calculated 9 from the prior year's claim. Final claims for those students 10 for the regular school term must be received at the State 11 Board of Education by July 31 following the end of the school 12 year. Final claims for those students shall be vouchered by 13 August 15. During fiscal year 1994 both the 1992-1993 school 14 year and the 1993-1994 school year shall be paid in order to 15 change the cycle of payment from a reimbursement basis to a 16 current year funding basis of payment. However, 17 notwithstanding any other provisions of this Section or the 18 School Code, beginning with fiscal year 1994 and each fiscal 19 year thereafter, if the amount appropriated for any fiscal 20 year is less than the amount required for purposes of this 21 Section, the amount required to eliminate any insufficient 22 reimbursement for each district claim under this Section 23 shall be reimbursed on August 30 of the next fiscal year. 24 Payments required to eliminate any insufficiency for prior 25 fiscal year claims shall be made before any claims are paid 26 for the current fiscal year. 27 If a school district makes a claim for reimbursement 28 under Section 18-4 or 14-7.03 it shall not include in any 29 claim filed under this Section children residing on the 30 property of State institutions included in its claim under 31 Section 18-4 or 14-7.03. 32 Any child who is not a resident of Illinois who is placed 33 in a child welfare institution, private facility, State 34 operated program, orphanage or children's home shall have the HB3484 Enrolled -19- LRB9010084THpk 1 payment for his educational tuition and any related services 2 assured by the placing agent. 3 In order to provide services appropriate to allow a 4 student under the legal guardianship or custodianship of the 5 State to participate in local school district educational 6 programs, costs may be incurred in appropriate cases by the 7 district that are in excess of 1.2 times the district per 8 capita tuition charge allowed under the provisions of this 9 Section. In the event such excess costs are incurred, they 10 must be documented in accordance with cost rules established 11 under the authority of this Section and may then be claimed 12 for reimbursement under this Section. 13 Planned services for students eligible for this funding 14 must be a collaborative effort between the appropriate State 15 agency or the student's group home or institution and the 16 local school district. 17 (Source: P.A. 89-235, eff. 8-4-95; 90-463, eff. 8-17-97.) 18 (105 ILCS 5/14-7.03a rep.) 19 Section 10. The School Code is amended by repealing 20 Section 14-7.03a. 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.
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