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91_HB0558
LRB9102353NTsb
1 AN ACT to amend the School Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Sections 1D-1, 14-7.02, 14-8.01, and 18-4.3 and adding
6 Section 14-7.02b as follows:
7 (105 ILCS 5/1D-1)
8 Sec. 1D-1. Block grant funding.
9 (a) For fiscal year 1996 and each fiscal year
10 thereafter, the State Board of Education shall award to a
11 school district having a population exceeding 500,000
12 inhabitants a general education block grant and an
13 educational services block grant, determined as provided in
14 this Section, in lieu of distributing to the district
15 separate State funding for the programs described in
16 subsections (b) and (c). The provisions of this Section,
17 however, do not apply to any federal funds that the district
18 is entitled to receive. In accordance with Section 2-3.32,
19 all block grants are subject to an audit. Therefore, block
20 grant receipts and block grant expenditures shall be recorded
21 to the appropriate fund code for the designated block grant.
22 (b) The general education block grant shall include the
23 following programs: REI Initiative, Preschool At Risk, K-6
24 Comprehensive Arts, School Improvement Support, Urban
25 Education, Scientific Literacy, Substance Abuse Prevention,
26 Second Language Planning, Staff Development, Outcomes and
27 Assessment, K-6 Reading Improvement, Truants' Optional
28 Education, Hispanic Programs, Agriculture Education, Gifted
29 Education, Parental Education, Prevention Initiative, Report
30 Cards, and Criminal Background Investigations.
31 Notwithstanding any other provision of law, all amounts paid
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1 under the general education block grant from State
2 appropriations to a school district in a city having a
3 population exceeding 500,000 inhabitants shall be
4 appropriated and expended by the board of that district for
5 any of the programs included in the block grant or any of the
6 board's lawful purposes.
7 (c) The educational services block grant shall include
8 the following programs: Bilingual, Regular and Vocational
9 Transportation, State Lunch and Free Breakfast Program,
10 Special Education (Personnel, Extraordinary, Transportation,
11 Orphanage, Private Tuition), funding for children requiring
12 special education services, Summer School, Educational
13 Service Centers, and Administrator's Academy. This
14 subsection (c) does not relieve the district of its
15 obligation to provide the services required under a program
16 that is included within the educational services block grant.
17 It is the intention of the General Assembly in enacting the
18 provisions of this subsection (c) to relieve the district of
19 the administrative burdens that impede efficiency and
20 accompany single-program funding. The General Assembly
21 encourages the board to pursue mandate waivers pursuant to
22 Section 2-3.25g.
23 (d) For fiscal year 1996 and each fiscal year
24 thereafter, the amount of the district's block grants shall
25 be determined as follows: (i) with respect to each program
26 that is included within each block grant, the district shall
27 receive an amount equal to the same percentage of the current
28 fiscal year appropriation made for that program as the
29 percentage of the appropriation received by the district from
30 the 1995 fiscal year appropriation made for that program, and
31 (ii) the total amount that is due the district under the
32 block grant shall be the aggregate of the amounts that the
33 district is entitled to receive for the fiscal year with
34 respect to each program that is included within the block
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1 grant that the State Board of Education shall award the
2 district under this Section for that fiscal year.
3 (e) The district is not required to file any application
4 or other claim in order to receive the block grants to which
5 it is entitled under this Section. The State Board of
6 Education shall make payments to the district of amounts due
7 under the district's block grants on a schedule determined by
8 the State Board of Education.
9 (f) A school district to which this Section applies
10 shall report to the State Board of Education on its use of
11 the block grants in such form and detail as the State Board
12 of Education may specify.
13 (g) This paragraph provides for the treatment of block
14 grants under Article 1C for purposes of calculating the
15 amount of block grants for a district under this Section.
16 Those block grants under Article IC are, for this purpose,
17 treated as included in the amount of appropriation for the
18 various programs set forth in paragraph (b) above. The
19 appropriation in each current fiscal year for each block
20 grant under Article 1C shall be treated for these purposes as
21 appropriations for the individual program included in that
22 block grant. The proportion of each block grant so allocated
23 to each such program included in it shall be the proportion
24 which the appropriation for that program was of all
25 appropriations for such purposes now in that block grant, in
26 fiscal 1995.
27 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;
28 90-566, eff. 1-2-98; 90-653, eff. 7-29-98.)
29 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
30 Sec. 14-7.02. Children attending private schools, public
31 out-of-state schools, public school residential facilities or
32 private special education facilities. The General Assembly
33 recognizes that non-public schools or special education
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1 facilities provide an important service in the educational
2 system in Illinois.
3 If because of his or her disability the special education
4 program of a district is unable to meet the needs of a child
5 and the child attends a non-public school or special
6 education facility, a public out-of-state school or a special
7 education facility owned and operated by a county government
8 unit that provides special educational services required by
9 the child and is in compliance with the appropriate rules and
10 regulations of the State Superintendent of Education, the
11 school district in which the child is a resident shall pay
12 the actual cost of tuition for special education and related
13 services provided during the regular school term and during
14 the summer school term if the child's educational needs so
15 require, excluding room, board and transportation costs
16 charged the child by that non-public school or special
17 education facility, public out-of-state school or county
18 special education facility, or $4,500 per year, whichever is
19 less, and shall provide him any necessary transportation.
20 "Nonpublic special education facility" shall include a
21 residential facility, within or without the State of
22 Illinois, which provides special education and related
23 services to meet the needs of the child by utilizing private
24 schools or public schools, whether located on the site or off
25 the site of the residential facility.
26 The State Board of Education shall promulgate rules and
27 regulations for determining when placement in a private
28 special education facility is appropriate. Such rules and
29 regulations shall take into account the various types of
30 services needed by a child and the availability of such
31 services to the particular child in the public school. In
32 developing these rules and regulations the State Board of
33 Education shall consult with the Advisory Council on
34 Education of Children with Disabilities and hold public
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1 hearings to secure recommendations from parents, school
2 personnel, and others concerned about this matter.
3 The State Board of Education shall also promulgate rules
4 and regulations for transportation to and from a residential
5 school. Transportation to and from home to a residential
6 school more than once each school term shall be subject to
7 prior approval by the State Superintendent in accordance with
8 the rules and regulations of the State Board.
9 A school district making tuition payments pursuant to
10 this Section is eligible for reimbursement from the State for
11 the amount of such payments actually made in excess of the
12 district per capita tuition charge for students not receiving
13 special education services. Such reimbursement shall be
14 approved in accordance with Section 14-12.01 and each
15 district shall file its claims, computed in accordance with
16 rules prescribed by the State Board of Education, with the
17 regional superintendent of schools on or before August 1, for
18 approval on forms prescribed by the State Superintendent of
19 Education. Data used as a basis of reimbursement claims
20 shall be for the preceding regular school term and summer
21 school term. The regional superintendent of schools shall
22 approve the claims as to form and transmit the claims to the
23 State Board of Education on or before August 15. The State
24 Board of Education, before approving any such claims, shall
25 determine their accuracy and whether they are based upon
26 services and facilities provided under approved programs.
27 Upon approval the State Board shall cause vouchers to be
28 prepared showing the amount due for payment of reimbursement
29 claims to school districts, for transmittal to the State
30 Comptroller on the 30th day of September, December, and
31 March, respectively, and the final voucher, no later than
32 June 20. If the money appropriated by the General Assembly
33 for such purpose for any year is insufficient, it shall be
34 apportioned on the basis of the claims approved.
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1 No child shall be placed in a special education program
2 pursuant to this Section if the tuition cost for special
3 education and related services increases more than 10 percent
4 over the tuition cost for the previous school year or exceeds
5 $4,500 per year unless such costs have been approved by the
6 Illinois Purchased Care Review Board. The Illinois
7 Purchased Care Review Board shall consist of the following
8 persons, or their designees: the Directors of Children and
9 Family Services, Public Health, Public Aid, and the Bureau of
10 the Budget; the Secretary of Human Services; the State
11 Superintendent of Education; and such other persons as the
12 Governor may designate. The Review Board shall establish
13 rules and regulations for its determination of allowable
14 costs and payments made by local school districts for special
15 education, room and board, and other related services
16 provided by non-public schools or special education
17 facilities and shall establish uniform standards and criteria
18 which it shall follow.
19 The Review Board shall establish uniform definitions and
20 criteria for accounting separately by special education, room
21 and board and other related services costs. The Board shall
22 also establish guidelines for the coordination of services
23 and financial assistance provided by all State agencies to
24 assure that no otherwise qualified disabled child receiving
25 services under Article 14 shall be excluded from
26 participation in, be denied the benefits of or be subjected
27 to discrimination under any program or activity provided by
28 any State agency.
29 The Review Board shall review the costs for special
30 education and related services provided by non-public schools
31 or special education facilities and shall approve or
32 disapprove such facilities in accordance with the rules and
33 regulations established by it with respect to allowable
34 costs.
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1 The State Board of Education shall provide administrative
2 and staff support for the Review Board as deemed reasonable
3 by the State Superintendent of Education. This support shall
4 not include travel expenses or other compensation for any
5 Review Board member other than the State Superintendent of
6 Education.
7 The Review Board shall seek the advice of the Advisory
8 Council on Education of Children with Disabilities on the
9 rules and regulations to be promulgated by it relative to
10 providing special education services.
11 If a child has been placed in a program in which the
12 actual per pupil costs of tuition for special education and
13 related services based on program enrollment, excluding room,
14 board and transportation costs, exceed $4,500 and such costs
15 have been approved by the Review Board, the district shall
16 pay such total costs which exceed $4,500. A district making
17 such tuition payments in excess of $4,500 pursuant to this
18 Section shall be responsible for an amount in excess of
19 $4,500 equal to the district per capita tuition charge and
20 shall be eligible for reimbursement from the State for the
21 amount of such payments actually made in excess of the
22 districts per capita tuition charge for students not
23 receiving special education services.
24 If a child has been placed in an approved individual
25 program and the tuition costs including room and board costs
26 have been approved by the Review Board, then such room and
27 board costs shall be paid by the appropriate State agency
28 subject to the provisions of Section 14-8.01 of this Act.
29 Room and board costs not provided by a State agency other
30 than the State Board of Education shall be provided by the
31 State Board of Education on a current basis. In no event,
32 however, shall the State's liability for funding of these
33 tuition costs begin until after the legal obligations of
34 third party payors have been subtracted from such costs. If
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1 the money appropriated by the General Assembly for such
2 purpose for any year is insufficient, it shall be apportioned
3 on the basis of the claims approved. Each district shall
4 submit estimated claims to the regional superintendent of
5 schools for transmittal to the State Superintendent of
6 Education. Upon approval of such claims, the State
7 Superintendent of Education shall direct the State
8 Comptroller to make payments on a monthly basis. The
9 frequency for submitting estimated claims and the method of
10 determining payment shall be prescribed in rules and
11 regulations adopted by the State Board of Education. Such
12 current state reimbursement shall be reduced by an amount
13 equal to the proceeds which the child or child's parents are
14 eligible to receive under any public or private insurance or
15 assistance program. Nothing in this Section shall be
16 construed as relieving an insurer or similar third party from
17 an otherwise valid obligation to provide or to pay for
18 services provided to a disabled child.
19 If it otherwise qualifies, a school district is eligible
20 for the transportation reimbursement under Section 14-13.01
21 and for the reimbursement of tuition payments under this
22 Section whether the non-public school or special education
23 facility, public out-of-state school or county special
24 education facility, attended by a child who resides in that
25 district and requires special educational services, is within
26 or outside of the State of Illinois. However, a district is
27 not eligible to claim transportation reimbursement under this
28 Section unless the district certifies to the State
29 Superintendent of Education that the district is unable to
30 provide special educational services required by the child
31 for the current school year.
32 Nothing in this Section authorizes the reimbursement of a
33 school district for the amount paid for tuition of a child
34 attending a non-public school or special education facility,
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1 public out-of-state school or county special education
2 facility unless the school district certifies to the State
3 Superintendent of Education that the special education
4 program of that district is unable to meet the needs of that
5 child because of his disability and the State Superintendent
6 of Education finds that the school district is in substantial
7 compliance with Section 14-4.01.
8 Any educational or related services provided, pursuant to
9 this Section in a non-public school or special education
10 facility or a special education facility owned and operated
11 by a county government unit shall be at no cost to the parent
12 or guardian of the child. However, current law and practices
13 relative to contributions by parents or guardians for costs
14 other than educational or related services are not affected
15 by this amendatory Act of 1978.
16 Reimbursement for children attending public school
17 residential facilities shall be made in accordance with the
18 provisions of this Section.
19 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
20 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
21 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
22 (105 ILCS 5/14-7.02b new)
23 Sec. 14-7.02b. Funding for children requiring special
24 education services. Payments to school districts and joint
25 agreements for children requiring special education services
26 documented in their individualized education program
27 regardless of the program from which these services are
28 received, excluding children claimed under Section 14-7.03 of
29 this Code, shall be made in accordance with this Section.
30 Funds received under this Section may be used only for the
31 provision of special educational facilities and services as
32 defined in Section 14-1.08 of this Code.
33 The appropriation for fiscal year 2000 and thereafter
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1 shall be based upon the IDEA child count of all students in
2 the State, excluding students claimed under Section 14-7.03
3 of this Code, on December 1 of the 2 preceding fiscal years,
4 multiplied by 35% of the general State aid foundation level
5 of support established for that fiscal year under Section
6 18-8.05 of this Code.
7 Beginning with fiscal year 2000 and thereafter,
8 individual school districts shall not receive payments
9 totaling less than they received under the funding authorized
10 under Sections 14-7.02 and 14-7.02a of this Code during
11 fiscal year 1999, pursuant to the provisions of those
12 Sections as they were in effect before the effective date of
13 this amendatory Act of the 91st General Assembly. This base
14 level funding shall be computed first.
15 An amount equal to 85% of the funds remaining in the
16 appropriation after subtracting the base level funding shall
17 be allocated to school districts based upon the district's
18 average daily attendance reported for purposes of Section
19 18-8.05 of this Code for the preceding school year. Fifteen
20 percent of the funds remaining in the appropriation after
21 subtracting the base level funding shall be allocated to
22 school districts based upon the district's low income
23 eligible pupil count used in the calculation of general State
24 aid under Section 18-8.05 of this Code for the same fiscal
25 year. Eighty percent of the funds computed and allocated to
26 districts under this Section shall be distributed and paid to
27 school districts who are members of recognized joint
28 agreements for special education. The remaining 20% shall be
29 paid to the joint agreement for special education to which
30 the district is a member. Districts that are not members of
31 recognized joint agreements for special education shall
32 receive 100% of the funds computed and allocated under this
33 Section.
34 The 20% of the funds paid to the recognized joint
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1 agreements for special education and 20% of the funds
2 received by districts that are not members of joint
3 agreements for special education must be set aside in a High
4 Cost Fund for the payment of services, in whole or in part,
5 for individual students with disabilities whose program costs
6 exceed 3 times the district's per capita tuition rate as
7 calculated under Section 10-20.12a of this Code. The
8 management and distribution of funds from the High Cost Fund
9 shall be in accordance with rules promulgated by the State
10 Board of Education.
11 The State Board of Education shall prepare vouchers equal
12 to one-fourth the amount allocated to districts and their
13 joint agreements, for transmittal to the State Comptroller on
14 the 30th day of September, December, and March, respectively,
15 and the final voucher, no later than June 20. The Comptroller
16 shall make payments pursuant to this Section to school
17 districts and their joint agreements as soon as possible
18 after receipt of vouchers. If the money appropriated from the
19 General Assembly for such purposes for any year is
20 insufficient, it shall be apportioned on the basis of the
21 payments due to school districts and their joint agreements
22 at a level of not less than the following for all payments
23 due under this Section: 55% for fiscal year 2000, 70% for
24 fiscal year 2001, 85% for fiscal year 2002, and 100% for
25 fiscal year 2003 and thereafter.
26 Nothing in this Section shall be construed to decrease or
27 increase the percentage of all special education funds that
28 are allocated annually under Article 1D of this Code or to
29 alter the requirement that a school district provide special
30 education services.
31 (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
32 Sec. 14-8.01. Supervision of special education buildings
33 and facilities. All special educational facilities, building
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1 programs, housing, and all educational programs for the types
2 of disabled children defined in Section 14-1.02 shall be
3 under the supervision of and subject to the approval of the
4 State Board of Education.
5 All special education facilities, building programs, and
6 housing shall comply with the building code authorized by
7 Section 2-3.12.
8 All educational programs for children with disabilities
9 as defined in Section 14-1.02 administered by any State
10 agency shall be under the general supervision of the State
11 Board of Education. Such supervision shall be limited to
12 insuring that such educational programs meet standards
13 jointly developed and agreed to by both the State Board of
14 Education and the operating State agency, including standards
15 for educational personnel.
16 Any State agency providing special educational programs
17 for children with disabilities as defined in Section 14-1.02
18 shall promulgate rules and regulations, in consultation with
19 the State Board of Education and pursuant to the Illinois
20 Administrative Procedure Act as now or hereafter amended, to
21 insure that all such programs comply with this Section and
22 Section 14-8.02.
23 No otherwise qualified disabled child receiving special
24 education and related services under Article 14 shall solely
25 by reason of his or her disability be excluded from the
26 participation in or be denied the benefits of or be subjected
27 to discrimination under any program or activity provided by a
28 State agency.
29 State agencies providing special education and related
30 services, including room and board, either directly or
31 through grants or purchases of services shall continue to
32 provide these services according to current law and practice.
33 Room and board costs not provided by a State agency other
34 than the State Board of Education shall be provided by the
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1 State Board of Education to the extent of available funds.
2 An amount equal to one-half of the State education agency's
3 share of IDEA PART B federal monies, or so much thereof as
4 may actually be needed, shall annually be appropriated to pay
5 for the additional costs of providing for room and board for
6 those children placed pursuant to Section 14-7.02 of this Act
7 and, after all such room and board costs are paid, for
8 similar expenditures for children served pursuant to Section
9 14-7.02 or 14-7.02a of this Act, based in community based
10 programs that serve as alternatives to residential
11 placements.
12 Beginning with Fiscal Year 1997 and continuing through
13 Fiscal Year 2000, 100% of the former Chapter I, Section
14 89-313 federal funds shall be allocated by the State Board of
15 Education in the same manner as IDEA, PART B "flow through"
16 funding to local school districts, joint agreements, and
17 special education cooperatives for the maintenance of
18 instructional and related support services to students with
19 disabilities. However, beginning with Fiscal Year 1998, the
20 total IDEA Part B discretionary funds available to the State
21 Board of Education shall not exceed the maximum permissible
22 under federal law or 20% of the total federal funds available
23 to the State, whichever is less. In no case shall the
24 aggregate IDEA Part B discretionary funds received by the
25 State Board of Education exceed the amount of IDEA Part B
26 discretionary funds available to the State Board of Education
27 for Fiscal Year 1997, excluding any carryover funds from
28 prior fiscal years, increased by 3% for Fiscal Year 1998 and
29 increased by an additional 3% for each fiscal year
30 thereafter. After all room and board payments and similar
31 expenditures are made by the State Board of Education as
32 required by this Section, the State Board of Education may
33 use the remaining funds for administration and for providing
34 discretionary activities. However, the State Board of
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1 Education may use no more than 25% of its available IDEA Part
2 B discretionary funds for administrative services.
3 Special education and related services included in the
4 child's individualized educational program which are not
5 provided by another State agency shall be included in the
6 special education and related services provided by the State
7 Board of Education and the local school district.
8 The State Board of Education with the advice of the
9 Advisory Council shall prescribe the standards and make the
10 necessary rules and regulations for special education
11 programs administered by local school boards, including but
12 not limited to establishment of classes, training
13 requirements of teachers and other professional personnel,
14 eligibility and admission of pupils, the curriculum, class
15 size limitation, building programs, housing, transportation,
16 special equipment and instructional supplies, and the
17 applications for claims for reimbursement. The State Board of
18 Education shall promulgate rules and regulations for annual
19 evaluations of the effectiveness of all special education
20 programs and annual evaluation by the local school district
21 of the individualized educational program for each child for
22 whom it provides special education services.
23 A school district is responsible for the provision of
24 educational services for all school age children residing
25 within its boundaries excluding any student placed under the
26 provisions of Section 14-7.02 or any disabled student whose
27 parent or guardian lives outside of the State of Illinois as
28 described in Section 14-1.11.
29 (Source: P.A. 89-397, eff. 8-20-95; 89-622, eff. 8-9-96;
30 90-547, eff. 12-1-97.)
31 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
32 Sec. 18-4.3. Summer school grants. Grants shall be
33 determined for pupil attendance in summer schools conducted
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1 under Sections 10-22.33A and 34-18 and approved under Section
2 2-3.25 in the following manner.
3 The amount of grant for each accredited summer school
4 attendance pupil shall be obtained by dividing the total
5 amount of apportionments determined under Section 18-8 or
6 Section 18-8.05 by the actual number of pupils in average
7 daily attendance used for such apportionments. The number of
8 credited summer school attendance pupils shall be determined
9 (a) by counting clock hours of class instruction by pupils
10 enrolled in grades 1 through 12 in approved courses conducted
11 at least 60 clock hours in summer sessions; (b) by dividing
12 such total of clock hours of class instruction by 4 to
13 produce days of credited pupil attendance; (c) by dividing
14 such days of credited pupil attendance by the actual number
15 of days in the regular term as used in computation in the
16 general apportionment in Section 18-8; and (d) by multiplying
17 by 1.25.
18 The amount of the grant for a summer school program
19 approved by the State Superintendent of Education for
20 children with disabilities, as defined in Sections 14-1.02
21 through 14-1.07, shall be determined in the manner contained
22 above except that average daily membership shall be utilized
23 in lieu of average daily attendance.
24 In the case of an apportionment based on summer school
25 attendance or membership pupils, the claim therefor shall be
26 presented as a separate claim for the particular school year
27 in which such summer school session ends. On or before
28 October 15 of each year the superintendent of each eligible
29 school district shall certify to the regional superintendent
30 the claim of the district for the summer session just ended.
31 Failure on the part of the school board to so certify shall
32 constitute a forfeiture of its right to such payment. The
33 regional superintendent shall certify to the State
34 Superintendent of Education no later than November 1 the
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1 regional report of claims for summer school. The State
2 Superintendent of Education shall transmit to the Comptroller
3 no later than December 15th of each year vouchers for payment
4 of amounts due school districts for summer school. The State
5 Superintendent of Education shall direct the Comptroller to
6 draw his warrants for payments thereof by the 30th day of
7 December. If the money appropriated by the General Assembly
8 for such purpose for any year is insufficient, it shall be
9 apportioned on the basis of claims approved.
10 However, notwithstanding the foregoing provisions, for
11 each fiscal year the money appropriated by the General
12 Assembly for the purposes of this Section shall only be used
13 for grants for approved summer school programs for those
14 children with disabilities served pursuant to Sections
15 14-7.02 and 14-7.02a of the School Code.
16 (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)
17 (105 ILCS 5/14-7.02a rep.)
18 Section 10. The School Code is amended by repealing
19 Section 14-7.02a.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.