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90_SB1936 New Act Creates the Public School Reimbursement Claims Continuing Appropriation Act. Requires the General Assembly, beginning with FY99, to appropriate sufficient moneys to pay the full amount of all approved reimbursement claims filed by school districts that provide specified, required special education, bilingual education, summer school, and transportation programs and services. Provides that if the General Assembly fails to appropriate an amount sufficient to pay those approved reimbursement claims in full in any such fiscal year, that the Act constitutes an irrevocable and continuing appropriation from the General Revenue Fund of all amounts necessary for that purpose. Effective immediately. LRB9011689THpk LRB9011689THpk 1 AN ACT relating to the payment of school district 2 reimbursement claims. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Public School Reimbursement Claims Continuing Appropriation 7 Act. 8 Section 5. Funding for required public school programs. 9 The General Assembly shall annually make appropriations to 10 the State Board of Education for fiscal year 1999 and each 11 fiscal year thereafter sufficient to pay the full amount of 12 all approved reimbursement claims filed by school districts 13 for any such fiscal year for programs and services provided 14 by those districts that are reimbursable under any of the 15 following provisions of the School Code: (i) Section 14-7.02 16 relating to reimbursement of tuition payments for children 17 with disabilities who attend private schools, public 18 out-of-state schools, public school residential facilities, 19 or private special education facilities; (ii) Section 20 14-7.02a relating to reimbursement for a portion of the costs 21 of educating a child requiring extraordinary special 22 education services and facilities; (iii) Section 14-7.03 23 relating to reimbursement for special education classes for 24 children from orphanages, foster family homes, children's 25 homes, or State housing units; (iv) Section 14-13.01 relating 26 to reimbursement based upon personnel salary and 27 transportation costs incurred by a district in furnishing 28 special educational facilities in a recognized school to 29 children with disabilities; (v) Section 14C-12 relating to 30 reimbursement claims for transitional bilingual education 31 programs; (vi) Section 18-3 relating to reimbursement of the -2- LRB9011689THpk 1 annual tuition cost for children who attend a district's 2 schools and who are from a home for orphaned, dependent, 3 abandoned, or maladjusted children maintained by an 4 organization or association admitting to such home children 5 from the State in general or who are from housing 6 accommodations within the school district that are maintained 7 on State property on which a welfare or penal institution is 8 located; (vii) Section 18-4.3 relating to those grant claims 9 that are based upon operation of an approved summer school 10 program for children with disabilities; and (viii) Section 11 29-5 relating to reimbursement for pupil transportation 12 costs. Notwithstanding any other law to the contrary, the 13 State Board of Education shall have no authority to reduce 14 the full amount of an approved reimbursement claim made by a 15 school district in accordance with any Section of the School 16 Code referred to in this Section 5 in order to conform the 17 aggregate amount of the approved reimbursement claims made by 18 all school districts under that Section for a fiscal year to 19 the aggregate amount appropriated by the General Assembly for 20 that purpose for that fiscal year. 21 Section 10. Continuing appropriation. If the General 22 Assembly fails to make appropriations to the State Board of 23 Education in fiscal year 1999 or any fiscal year thereafter 24 sufficient to fund and pay the full amount of all approved 25 reimbursement claims filed by school districts for any such 26 fiscal year under any Section of the School Code referred to 27 in Section 5, then this Section shall constitute an 28 irrevocable and continuing appropriation from the General 29 Revenue Fund of all amounts necessary for that purpose. 30 Section 99. Effective date. This Act takes effect upon 31 becoming a law.
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