Public Act 90-0644 of the 90th General Assembly

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Public Act 90-0644

HB3484 Enrolled                                LRB9010084THpk

    AN ACT to amend the  School  Code  by  changing  Sections
14-3.01, 14-7.03, and 18-3 and repealing Section 14-7.03a.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.   The  School  Code  is  amended  by  changing
Sections 14-3.01, 14-7.03, and 18-3 as follows:

    (105 ILCS 5/14-3.01) (from Ch. 122, par. 14-3.01)
    Sec.  14-3.01.  Advisory  Council. This amendatory Act of
1998, in compliance with the reauthorization of IDEA in 1997,
makes changes in the membership and responsibilities  of  the
Advisory   Council   on   the   Education  of  Children  with
Disabilities.  The Council shall provide  advice  and  policy
guidance  to  the  Governor,  General Assembly, and the State
Board of Education with  respect  to  special  education  and
related  services  for children with disabilities.  The State
Board of Education shall seek  the  advice  of  the  Advisory
Council  regarding  all  rules and regulations related to the
education of  children  with  disabilities  that  are  to  be
promulgated by the State Board of Education.  The State Board
of Education shall seek the advice of the Advisory Council on
modifications  or  additions to comprehensive plans submitted
under Section 14-4.01.  The Council shall consider  any  rule
or  regulation  or plan submitted to it by the State Board of
Education within 60 days after its receipt by the chairperson
of the Council.
    Additionally, the Advisory Council shall:  (1) advise the
General Assembly,  the  Governor,  and  the  State  Board  of
Education  on  unmet  needs in the education of children with
disabilities; (2) assist the  State  Board  of  Education  in
developing  evaluations  and  reporting on data to the United
States Secretary of Education; (3) advise the State Board  of
Education relative to qualifications for hearing officers and
the rules and procedures for hearings conducted under Section
14-8.02  or  14-8.02a;  (4)  comment publicly on any rules or
regulations proposed by the State regarding the education  of
children   with   disabilities   and   the   procedures   for
distribution  of  funds  under this Act; (5) advise the State
Board of Education in developing corrective action  plans  to
address  findings  identified  in  federal monitoring reports
pursuant to the Individuals with Disabilities Education  Act;
(6)  advise  State  and  local  education  agencies regarding
educational programs and materials that may  be  provided  to
children  with  disabilities to enable them to fully exercise
their constitutional and legal  rights  and  entitlements  as
citizens,   including   those   afforded  under  the  Federal
Rehabilitation Act of 1973,  as  amended,  and  the  Illinois
Human Rights Act; and (7) advise the State Board of Education
in  developing  and  implementing  policies  relating  to the
coordination of services for children with disabilities.
    The Council shall be composed of 27 members, including 23
voting members appointed by the  Governor  and  4  ex-officio
voting  members.   Members shall be broadly representative of
the State's population in regard to developmental,  physical,
and mental disabilities, race, ethnic background, gender, and
geographic  location.   Nine  members  shall  be  parents  of
children with disabilities between the ages of 3 and 21 years
currently  receiving  special  education  services  at public
expense.    Five   members   shall   be   individuals    with
disabilities,  including one student or former student who is
at least 18 years of age and no older than 21 years of age at
the time of  his or her appointment to the Council and who is
receiving special education services  at  public  expense  or
received  those  services  at the time his or her high school
program terminated.  Within 30 days after the effective  date
of  this amendatory Act of 1998, the Governor or his designee
shall invite statewide organizations, being as  inclusive  as
possible  and  based  upon  a  reasonable inquiry, and Parent
Training and  Information  Centers  representing  parents  of
children  with disabilities, individuals with disabilities or
both, to convene for  the  purpose  of  recommending  to  the
Governor  twice  the  number  of  individuals  required to be
appointed as members from each of the categories described in
this paragraph, from which the Governor may  appoint  the  14
members  of  the  Council  who  are  parents of children with
disabilities  and  individuals  with  disabilities.   The   9
members who are parents of children with disabilities between
the  ages  of  3  and  21  years  receiving special education
services  at  public  expense  and  the  5  members  who  are
individuals with disabilities shall not be  current  full  or
part-time  employees  of  school districts, special education
cooperatives, regional  service  areas  or  centers,  or  any
agency under the jurisdiction of any elected State official.
    In  addition,  the  Governor  shall  appoint one regional
superintendent  of  schools,   one   representative   of   an
institution   of   higher  education  that  prepares  special
education and related  services  personnel,  one  teacher  of
students  with  disabilities,  one superintendent of a public
school  district,  one  director  of  a   special   education
cooperative  or special education administrator from a school
district of less than 500,000 population, one  representative
of  a  public charter school, one representative of a private
school serving children with disabilities, one representative
of a vocational, community,  or  business  organization  that
provides  transition  services to children with disabilities,
and  one  at-large  member  from  the  general  public.    In
addition,  the  Secretary  of  Human  Services  or his or her
designee, the Director of Children and Family Services or his
or her designee, the Director of Corrections or  his  or  her
designee,  and the Director of Special Education for the City
of Chicago School District #299 or his or her designee  shall
serve as ex-officio voting members of the Council.
    All Council members shall be legal residents of the State
of  Illinois and shall be selected, as far as practicable, on
the basis of  their  knowledge  of,  or  experience  in,  the
education of children with disabilities.
    The initial members to be appointed to the Council by the
Governor  under the provisions of this amendatory Act of 1998
shall be appointed within 60 days after the effective date of
that amendatory Act; provided  that  those  persons  who  are
serving as Council members on that effective date and who, as
determined  by the Governor after consultation with the State
Board of Education, meet the requirements established by this
amendatory Act for appointment to membership on  the  Council
shall   continue  to  serve  as  Council  members  until  the
completion of the remainder of  their  current  terms.    The
initial members of the Council who are not Council members on
the effective date of this amendatory Act of 1998 and who are
appointed  by  the Governor under this amendatory Act of 1998
shall by lot determine one-third of their number to serve for
a term of 2 years (provided  that  person  appointed  as  the
student  or  former  student  member  shall be included among
those members who are to serve a term of 2 years),  one-third
of their number to serve for a term of 3 years, and one-third
of  their  number  to  serve for a term of 4 years; provided,
that if the total number of initial members so  appointed  by
the  Governor  is  not divisible into 3 whole numbers, all of
the initial members so appointed shall by lot be assigned  to
3  groups  as follows:  (i) the members assigned to the first
group, who shall include the student or former student member
and who shall be equal in number to the number of members who
are assigned to the second group, shall serve for a term of 2
years; (ii) the members assigned to  the  second  group,  who
shall  be  equal  in  number to the number of members who are
assigned to the first group, shall serve  for  a  term  of  3
years; and (iii) the members assigned to the third group, who
shall  comprise  the  remainder  of  the  initial  members so
appointed by the Governor and whose number  shall  be  either
one  more  or one less than the number of members assigned to
either the first group or second group,  shall  serve  for  a
term  of 4 years.  Upon expiration of the term of office of a
member of the Council who is not an ex-officio member, his or
her successor shall be appointed by the Governor to serve for
a term of 4 years, except that a successor appointed  as  the
student  or former student member shall be appointed to serve
for a term of 2 years.  Each member of the Council who is not
an ex-officio member and whose term of office  expires  shall
nevertheless  continue to serve as a Council member until his
or her successor is appointed.   Each  of  the  4  ex-officio
members  of  the Council shall continue to serve as a Council
member during the period in which he or she continues to hold
the office by reason of which he or she became an  ex-officio
member  of  the  Council.  The initial members of the Council
who are not ex-officio members shall not, upon completion  of
their  respective  initial  terms, be appointed to serve more
than one additional consecutive term of 4  years,  nor  shall
any  successor  member  of  the Council be appointed to serve
more than 2 full consecutive 4-year terms; provided,  that  a
person  appointed  as  the  student  or former student member
shall  serve  only  one  two-year  term  and  shall  not   be
reappointed  to  serve  for an additional term.  Vacancies in
Council  memberships  held  by  parents  of   children   with
disabilities  or  individuals with disabilities may be filled
from the  original  list  of  such  parents  and  individuals
recommended  to  the  Governor.  The Governor shall reconvene
the group of organizations that provided the original list of
parents of children with disabilities  and  individuals  with
disabilities   when   additional  recommendations  for  those
Council memberships are needed, but at a  minimum  the  group
shall  be  convened every 2 years for the purpose of updating
the list of recommended parents or individuals.  A vacancy in
an appointed membership on the Council shall  be  filled  for
the  unexpired  balance of the term of that membership in the
same manner that the original appointment for that membership
was made.
    The terms of all  persons  serving  as  Advisory  Council
members  on the effective date of this amendatory Act of 1998
who are not determined by the  Governor,  after  consultation
with  the  State Board of Education, to meet the requirements
established by this amendatory Act for appointment to initial
membership on the Council shall terminate on  the  date  that
the  Governor  completes  his  appointments  of  the  initial
members  of  the  Council  under this amendatory Act, and the
members of the Council as constituted under  this  amendatory
Act  shall  take office and assume their powers and duties on
that date.
    The Council as constituted under this amendatory  Act  of
1998  shall  organize  with  a  chairperson  selected  by the
Council members and shall meet at the call of the chairperson
upon 10 days written notice but not less than 4 times a year.
The Council shall establish such committees and procedures as
it deems appropriate to carry out its responsibilities  under
this  Act  and  the  federal  Individuals  with  Disabilities
Education Act.
    The  State Board of Education shall designate an employee
to act as  executive  secretary  of  the  Council  and  shall
furnish  all  professional  and clerical assistance necessary
for the performance of its duties.
    Members of the Council shall serve  without  compensation
but  shall  be reimbursed for the necessary expenses incurred
in the performance of their duties  in  accordance  with  the
State  Board  of  Education's Travel Control Policy. There is
hereby  created  a  special  education  Advisory  Council  on
Education of Children with  Disabilities  to  consist  of  15
members  appointed by the Governor, who shall hold office for
4 years.  No person shall be appointed to serve more  than  2
consecutive  terms  on  the  Advisory  Council.  The terms of
members serving at the time of this amendatory  Act  of  1978
are  not  affected  by  this  amendatory Act.  The membership
shall include an adult  with  disabilities,    2  parents  of
children  with  disabilities,  a  consumer  representative, a
representative of  a  private  provider,  a  teacher  of  the
disabled, a regional superintendent of an educational service
region,  a superintendent of a school district, a director of
special education  from  a  district  of  less  than  500,000
population,  a professional affiliated with an institution of
higher education, and a member of the general public and  the
Director  of  Special  Education  for  the  Chicago  Board of
Education, as an ex-officio voting member.   Of  the  members
appointed  after the effective date of this amendatory Act of
1978, the Governor shall appoint one  member  to  an  initial
term of 2 years, one member to an initial term of 3 years and
one  member to an initial term of 4 years. Vacancies shall be
filled in like manner for the unexpired balance of the  term.
The  changes made to this paragraph by this amendatory Act of
1995 (i) are made for purposes of changing the  name  of  the
Advisory  Council and the manner of referring to a portion of
its membership, and (ii) are not intended  to  create  a  new
Advisory  Council  or  to  change  its existing membership or
otherwise disqualify  any  current  member  of  the  Advisory
Council  from continued membership thereon in accordance with
the terms of his or her appointment.
    Because of  the   responsibility  of  the  Department  of
Children  and  Family  Services  and  the Department of Human
Services for special education programs, the Director of  the
Department  of Children and Family Services and the Secretary
of Human Services or  their  designees  shall  be  ex-officio
voting  members of the Council.  In addition, 2 other persons
representing the Department of Human Services shall serve  on
the  Council,  one as a voting member and one as a non-voting
member.
    The members appointed shall be  citizens  of  the  United
States  and  of  this  State and shall be selected, as far as
practicable,  on  the  basis  of  their  knowledge   of,   or
experience  in,  problems  of  the education of children with
disabilities.
    The State Board of Education shall seek the advice of the
Advisory Council regarding  all rules or regulations  related
to   the  education  of  children  with  disabilities  to  be
promulgated by it. The State Board shall seek the  advice  of
the   Advisory  Council  on  modifications  or  additions  to
comprehensive  plans   submitted   under   Section   14-4.01.
Additionally,  the  Advisory  Council  shall;  (a) advise the
General Assembly, the Governor and the  State  Board  on  the
unmet  needs  in the education of children with disabilities,
(b)  assist the State Board in developing and reporting  data
and   evaluations   which   may   assist  the  United  States
Commissioner  of  Education  in  the   performance   of   his
responsibilities  under the Education of the Handicapped Act,
(c) advise the State Board  relative  to  qualifications  for
hearing  officers  and  the rules and procedures for hearings
conducted under Section 14-8.02  of  this  Act,  (d)  comment
publicly  on  any  rules or regulations proposed by the State
regarding the education of children with disabilities and the
procedures for distribution of funds under this Act, and  (e)
advise   State   and  local  educational  agencies  regarding
educational programs and materials that may  be  provided  to
children  with  disabilities to enable them to fully exercise
their Constitutional and legal  rights  and  entitlements  as
citizens,   including   those   afforded  under  the  Federal
Rehabilitation Act of 1973,  as  amended,  and  the  Illinois
Human Rights Act.
    The  Council  shall  organize with a chairman selected by
the Council members  and  shall  meet  at  the  call  of  the
chairman  upon  10  days  written  notice but not less than 4
times a year. The Council shall establish such sub-committees
as it deems appropriate to review  special  education  issues
including,  but  not  limited  to  certification, finance and
bilingual education.  The Council shall consider any rule  or
regulation  or  plan  submitted  to  it by the State Board of
Education within 60 days after its receipt by  the  chairman.
Members  of  the Council shall serve without compensation but
shall  be  entitled  to  reasonable  amounts   for   expenses
necessarily incurred in the performance of their duties.
    The  State Board of Education shall designate an employee
to act as  executive  secretary  of  the  Council  and  shall
furnish  all  professional  and clerical assistance necessary
for the performance of its powers and duties.
(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)

    (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
    Sec. 14-7.03. Special Education Classes for Children from
Orphanages, Foster Family  Homes,  Children's  Homes,  or  in
State  Housing Units.  If a 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.
    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 Section.
    Claims  filed  on  behalf of programs operated under this
Section housed in a jail or detention center shall be  on  an
individual  student  basis  only  for  eligible students with
disabilities.  These  claims  shall  be  in  accordance  with
applicable rules.
    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 Board  of  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 received 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 August 30.
    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 fiscal year.
    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 of Education.
    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.
    Commencing July 1, 1992, for each disabled student who is
placed residentially by a State agency or the courts for care
or  custody  or  both  care  and custody, welfare, medical or
mental health treatment or both  medical  and  mental  health
treatment,  rehabilitation,  and  protection,  whether placed
there on, before, or  after  July  1,  1992,  the  costs  for
educating  the  student  are eligible for reimbursement under
this Section  providing  the  placing  agency  or  court  has
notified  the  appropriate school district authorities of the
status of student residency where applicable prior to or upon
placement.
    The district of residence of  the  parent,  guardian,  or
disabled  student as defined in Sections 14-1.11 and 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.  Payments  shall  be made by the resident district to
the district wherein the facility is  located  no  less  than
once per quarter unless otherwise agreed to in writing by the
parties.
    When  a  dispute  arises  over  the  determination of the
district of residence, the district or districts  may  appeal
the  decision  in  writing  to  the  State  Superintendent of
Education.  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.  89-235,  eff.  8-4-95;  89-397,  eff. 8-20-95;
89-698, eff. 1-14-97; 90-463, eff. 8-17-97.)

    (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
    Sec. 18-3.   Tuition  of  children  from  orphanages  and
children's homes.
    When  the  children from any home for orphans, dependent,
abandoned  or  maladjusted   children   maintained   by   any
organization  or  association admitting to such home children
from the State in general or  when  children  residing  in  a
school  district  wherein the State of Illinois maintains and
operates any welfare or penal institution on  property  owned
by  the  State  of  Illinois,  which contains houses, housing
units or housing accommodations  within  a  school  district,
attend  grades  kindergarten through 12 of the public schools
maintained by that school district, the State  Superintendent
of  Education  shall  direct  the  State Comptroller to pay a
specified amount sufficient to pay the annual tuition cost of
such children who attended such  public  schools  during  the
school  year ending on June 30, and the Comptroller shall pay
the amount after receipt of a voucher submitted by the  State
Superintendent of Education.
    The amount of the tuition for such children attending the
public  schools  of  the  district shall be determined by the
State Superintendent of Education by multiplying  the  number
of  such children in average daily attendance in such schools
by  1.2  times  the  total  annual   per   capita   cost   of
administering  the schools of the district. Such total annual
per capita cost shall be determined by totaling all  expenses
of  the  school  district  in the educational, operations and
maintenance,  bond  and  interest,  transportation,  Illinois
municipal retirement, and rent  funds  for  the  school  year
preceding the filing of such tuition claims less expenditures
not  applicable  to the regular K-12 program, less offsetting
revenues from State sources  except  those  from  the  common
school  fund,  less  offsetting revenues from federal sources
except those from federal impaction  aid,  less  student  and
community  service  revenues,  plus a depreciation allowance;
and dividing such total by the average daily  attendance  for
the year.
    Annually  on  or before June 30 the superintendent of the
district upon forms prepared by the State  Superintendent  of
Education  shall  certify  to the regional superintendent the
following:
    1.  The name of the  home  and  of  the  organization  or
association  maintaining  it; or the legal description of the
real estate upon which the house, housing units,  or  housing
accommodations  are  located  and  that  no  taxes or service
charges or other payments authorized by law  to  be  made  in
lieu  of taxes were collected therefrom or on account thereof
during either of the calendar years included  in  the  school
year for which claim is being made;
    2.  The  number  of  children  from the home or living in
such houses, housing  units  or  housing  accommodations  and
attending the schools of the district;
    3.  The total number of children attending the schools of
the district;
    4.  The per capita tuition charge of the district; and
    5.  The computed amount of the tuition payment claimed as
due.
    Whenever  the persons in charge of such home for orphans,
dependent, abandoned or maladjusted  children  have  received
from the parent or guardian of any such child or by virtue of
an  order  of  court  a specific allowance for educating such
child, such persons shall pay to  the  school  board  in  the
district  where  the  child attends school such amount of the
allowance as is necessary to pay the tuition required by such
district for the education of the child. If the allowance  is
insufficient   to   pay   the   tuition  in  full  the  State
Superintendent of Education shall direct the  Comptroller  to
pay  to the district the difference between the total tuition
charged and the amount of the allowance.
    Whenever the facilities of a  school  district  in  which
such  house,  housing  units  or  housing  accommodations are
located, are limited, pupils may be assigned by that district
to the schools of any adjacent district to the limit  of  the
facilities  of the adjacent district to properly educate such
pupils as shall be determined by  the  school  board  of  the
adjacent  district, and the State Superintendent of Education
shall direct  the  Comptroller  to  pay  a  specified  amount
sufficient  to  pay  the  annual  tuition  of the children so
assigned to and attending  public  schools  in  the  adjacent
districts and the Comptroller shall draw his warrant upon the
State  Treasurer  for  the  payment  of  such  amount for the
benefit of the adjacent school districts in the  same  manner
as  for  districts  in  which  the  houses,  housing units or
housing accommodations are located.
    Failure on the part of the school board to certify to the
regional superintendent the claim of the school district  for
tuition  on  account  of  such  children on or before June 30
shall constitute a forfeiture by the district of its right to
the payment of any such tuition claim  for  the  school  year
just  ended.  The regional superintendent shall check and not
later than July 15 certify to  the  State  Superintendent  of
Education  the regional report of claims due for such tuition
payments. The State Superintendent of Education shall  direct
the  Comptroller  to pay to the district, on or before August
15, the amount due  the  district  for  the  school  year  in
accordance  with the calculation of the claim as set forth in
this Section.
    Claims for tuition for children from any home for orphans
or dependent, abandoned, or  maladjusted  children  beginning
with  the  1993-1994  school  year shall be paid on a current
year basis.  On September 30, December 31, and March 31,  the
State Board of Education shall voucher payments for districts
with  those  students  based  on an estimated cost calculated
from the prior year's claim.  Final claims for those students
for the regular school term must be  received  at  the  State
Board of Education by July 31 following the end of the school
year.   Final claims for those students shall be vouchered by
August 15.  During fiscal year 1994 both the 1992-1993 school
year and the 1993-1994 school year shall be paid in order  to
change  the  cycle of payment from a reimbursement basis to a
current   year   funding   basis   of    payment.    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 fiscal year.
    If a school district  makes  a  claim  for  reimbursement
under  Section  18-4  or  14-7.03 it shall not include in any
claim filed under  this  Section  children  residing  on  the
property  of  State  institutions included in its claim under
Section 18-4 or 14-7.03.
    Any child who is not a resident of Illinois who is placed
in a  child  welfare  institution,  private  facility,  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.
    In order to  provide  services  appropriate  to  allow  a
student  under the legal guardianship or custodianship of the
State to participate in  local  school  district  educational
programs,  costs  may be incurred in appropriate cases by the
district that are in excess of 1.2  times  the  district  per
capita  tuition  charge  allowed under the provisions of this
Section.  In the event such excess costs are  incurred,  they
must  be documented in accordance with cost rules established
under the authority of this Section and may then  be  claimed
for reimbursement under this Section.
    Planned  services  for students eligible for this funding
must be a collaborative effort between the appropriate  State
agency  or  the  student's  group home or institution and the
local school district.
(Source: P.A. 89-235, eff. 8-4-95; 90-463, eff. 8-17-97.)

    (105 ILCS 5/14-7.03a rep.)
    Section 10.  The School  Code  is  amended  by  repealing
Section 14-7.03a.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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