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Public Act 91-0764
HB2904 Enrolled LRB9107764NTsb
AN ACT concerning the powers and duties of regional
superintendents of schools.
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 2-3.30, 3-15.10, 14-7.02, 14-12.01, 14A-5, 14C-12,
18-3, and 18-4.3 as follows:
(105 ILCS 5/2-3.30) (from Ch. 122, par. 2-3.30)
Sec. 2-3.30. Census for special education. To require on
or before December 22 of each year reports submitted through
the regional superintendent as to the census of all children
age birth through 21 years of age inclusive of the types
described in definitions under the rules authorized in
Section 14-1.02 who were receiving special education and
related services on December 1 of the current school year.
To require an annual report, on or before December 22 of
each year from the Department of Children and Family
Services, Department of Corrections, and Department of Human
Services containing a census of all children age birth
through 21 years of age inclusive, of the types described in
Section 14-1.02 who were receiving special education
services on December 1 of the current school year within
State facilities. Such report shall be submitted pursuant to
rules and regulations issued by the State Board of Education.
The State Board of Education shall ascertain and report
annually, on or before January 15, the number of children of
non-English background, birth through 21 years of age,
inclusive of (a) types described in definitions under rules
authorized in Section 14-1.02 who were receiving special
education and related services on December of the previous
year and (b) inclusive of those served within State
facilities administered by the Department of Children and
Family Services and the Department of Human Services. The
report shall classify such children according to their
language background, age, category of exceptionality and
level of severity, least restrictive placement and
achievement level.
(Source: P.A. 89-507, eff. 7-1-97.)
(105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)
Sec. 3-15.10. Assistant Regional Superintendent. To
employ, in counties or regions of 2,000,000 inhabitants or
less, in addition to any assistants authorized to be employed
with the approval of the county board, an assistant regional
superintendent of schools who shall be a person of good
attainment, versed in the principles and methods of
education, and qualified to teach and supervise schools under
Article 21 of this Act; to fix the term of such assistant and
direct his work and define his duties. In regions established
within that portion of a Class II county outside a city of
500,000 or more inhabitants, the regional superintendent may
employ, in addition to any assistants authorized to be
employed with the approval of the county board, 3 assistant
regional superintendents of schools. Until July 1, 1994, in
counties or regions having a population of more than
2,000,000 inhabitants the regional superintendent may employ,
in addition to any assistants authorized to be employed with
the approval of the county board, 11 assistant regional
superintendents of schools. Assistant regional
superintendents shall each be a person of good attainment,
versed in the principles and methods of education, and
qualified to teach and supervise schools under Article 21 of
this Act. The work of such assistant regional superintendent
shall be so arranged and directed that the county or regional
superintendent and assistant superintendent, together, shall
devote an amount of time during the school year, equal to at
least the full time of one individual, to the supervision of
schools and of teaching in the schools of the county.
Notwithstanding any of the provisions of this Section,
any person who, on July 1, 1955, was employed as an assistant
county superintendent of schools shall be qualified for that
position if he holds a state certificate valid for teaching
and supervising.
On July 1, 1994, the employment of all persons serving as
assistant county or regional superintendents in any county or
educational service region having a population of more than
2,000,000 inhabitants is terminated, the office of assistant
county or regional superintendent in each such county or
educational service region is abolished, and this Section
shall, from and after July 1, 1994, have no further
application in any such county or educational service region.
A regional superintendent of schools shall not employ his
or her spouse, child, stepchild, or relative as an assistant
regional superintendent of schools. By September 1 each year,
a regional superintendent shall certify to the State Board of
Education that he or she has complied with this paragraph. If
the State Board of Education becomes aware of the fact that a
regional superintendent is employing his or her spouse,
child, stepchild, or relative as an assistant regional
superintendent, the State Board of Education shall not
request for payment from the State Comptroller any warrants
for the payment of the assistant regional superintendent's
salary. In this paragraph, "relative" means a grandparent,
parent, aunt, uncle, sibling, first cousin, nephew, niece,
grandchild, or spouse of one of these persons. This paragraph
applies only to contracts for employment entered into on or
after the effective date of this amendatory Act of the 91st
General Assembly.
(Source: P. A. 87-654; 87-1251; 88-89.)
(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or
private special education facilities. The General Assembly
recognizes that non-public schools or special education
facilities provide an important service in the educational
system in Illinois.
If because of his or her disability the special education
program of a district is unable to meet the needs of a child
and the child attends a non-public school or special
education facility, a public out-of-state school or a special
education facility owned and operated by a county government
unit that provides special educational services required by
the child and is in compliance with the appropriate rules and
regulations of the State Superintendent of Education, the
school district in which the child is a resident shall pay
the actual cost of tuition for special education and related
services provided during the regular school term and during
the summer school term if the child's educational needs so
require, excluding room, board and transportation costs
charged the child by that non-public school or special
education facility, public out-of-state school or county
special education facility, or $4,500 per year, whichever is
less, and shall provide him any necessary transportation.
"Nonpublic special education facility" shall include a
residential facility, within or without the State of
Illinois, which provides special education and related
services to meet the needs of the child by utilizing private
schools or public schools, whether located on the site or off
the site of the residential facility.
The State Board of Education shall promulgate rules and
regulations for determining when placement in a private
special education facility is appropriate. Such rules and
regulations shall take into account the various types of
services needed by a child and the availability of such
services to the particular child in the public school. In
developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on
Education of Children with Disabilities and hold public
hearings to secure recommendations from parents, school
personnel, and others concerned about this matter.
The State Board of Education shall also promulgate rules
and regulations for transportation to and from a residential
school. Transportation to and from home to a residential
school more than once each school term shall be subject to
prior approval by the State Superintendent in accordance with
the rules and regulations of the State Board.
A school district making tuition payments pursuant to
this Section is eligible for reimbursement from the State for
the amount of such payments actually made in excess of the
district per capita tuition charge for students not receiving
special education services. Such reimbursement shall be
approved in accordance with Section 14-12.01 and each
district shall file its claims, computed in accordance with
rules prescribed by the State Board of Education, with the
regional superintendent of schools on or before August 1, for
approval on forms prescribed by the State Superintendent of
Education. Data used as a basis of reimbursement claims
shall be for the preceding regular school term and summer
school term. Each school district shall The regional
superintendent of schools shall approve the claims as to form
and transmit its the claims to the State Board of Education
on or before August 15. The State Board of Education, before
approving any such claims, shall determine their accuracy and
whether they are based upon services and facilities provided
under approved programs. Upon approval the State Board shall
cause vouchers to be prepared showing the amount due for
payment of reimbursement claims to school districts, for
transmittal to the State Comptroller on the 30th day of
September, December, and March, respectively, and the final
voucher, no later than June 20. If the money appropriated by
the General Assembly for such purpose for any year is
insufficient, it shall be apportioned on the basis of the
claims approved.
No child shall be placed in a special education program
pursuant to this Section if the tuition cost for special
education and related services increases more than 10 percent
over the tuition cost for the previous school year or exceeds
$4,500 per year unless such costs have been approved by the
Illinois Purchased Care Review Board. The Illinois
Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and
Family Services, Public Health, Public Aid, and the Bureau of
the Budget; the Secretary of Human Services; the State
Superintendent of Education; and such other persons as the
Governor may designate. The Review Board shall establish
rules and regulations for its determination of allowable
costs and payments made by local school districts for special
education, room and board, and other related services
provided by non-public schools or special education
facilities and shall establish uniform standards and criteria
which it shall follow.
The Review Board shall establish uniform definitions and
criteria for accounting separately by special education, room
and board and other related services costs. The Board shall
also establish guidelines for the coordination of services
and financial assistance provided by all State agencies to
assure that no otherwise qualified disabled child receiving
services under Article 14 shall be excluded from
participation in, be denied the benefits of or be subjected
to discrimination under any program or activity provided by
any State agency.
The Review Board shall review the costs for special
education and related services provided by non-public schools
or special education facilities and shall approve or
disapprove such facilities in accordance with the rules and
regulations established by it with respect to allowable
costs.
The State Board of Education shall provide administrative
and staff support for the Review Board as deemed reasonable
by the State Superintendent of Education. This support shall
not include travel expenses or other compensation for any
Review Board member other than the State Superintendent of
Education.
The Review Board shall seek the advice of the Advisory
Council on Education of Children with Disabilities on the
rules and regulations to be promulgated by it relative to
providing special education services.
If a child has been placed in a program in which the
actual per pupil costs of tuition for special education and
related services based on program enrollment, excluding room,
board and transportation costs, exceed $4,500 and such costs
have been approved by the Review Board, the district shall
pay such total costs which exceed $4,500. A district making
such tuition payments in excess of $4,500 pursuant to this
Section shall be responsible for an amount in excess of
$4,500 equal to the district per capita tuition charge and
shall be eligible for reimbursement from the State for the
amount of such payments actually made in excess of the
districts per capita tuition charge for students not
receiving special education services.
If a child has been placed in an approved individual
program and the tuition costs including room and board costs
have been approved by the Review Board, then such room and
board costs shall be paid by the appropriate State agency
subject to the provisions of Section 14-8.01 of this Act.
Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the
State Board of Education on a current basis. In no event,
however, shall the State's liability for funding of these
tuition costs begin until after the legal obligations of
third party payors have been subtracted from such costs. If
the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned
on the basis of the claims approved. Each district shall
submit estimated claims to the regional superintendent of
schools for transmittal to the State Superintendent of
Education. Upon approval of such claims, the State
Superintendent of Education shall direct the State
Comptroller to make payments on a monthly basis. The
frequency for submitting estimated claims and the method of
determining payment shall be prescribed in rules and
regulations adopted by the State Board of Education. Such
current state reimbursement shall be reduced by an amount
equal to the proceeds which the child or child's parents are
eligible to receive under any public or private insurance or
assistance program. Nothing in this Section shall be
construed as relieving an insurer or similar third party from
an otherwise valid obligation to provide or to pay for
services provided to a disabled child.
If it otherwise qualifies, a school district is eligible
for the transportation reimbursement under Section 14-13.01
and for the reimbursement of tuition payments under this
Section whether the non-public school or special education
facility, public out-of-state school or county special
education facility, attended by a child who resides in that
district and requires special educational services, is within
or outside of the State of Illinois. However, a district is
not eligible to claim transportation reimbursement under this
Section unless the district certifies to the State
Superintendent of Education that the district is unable to
provide special educational services required by the child
for the current school year.
Nothing in this Section authorizes the reimbursement of a
school district for the amount paid for tuition of a child
attending a non-public school or special education facility,
public out-of-state school or county special education
facility unless the school district certifies to the State
Superintendent of Education that the special education
program of that district is unable to meet the needs of that
child because of his disability and the State Superintendent
of Education finds that the school district is in substantial
compliance with Section 14-4.01.
Any educational or related services provided, pursuant to
this Section in a non-public school or special education
facility or a special education facility owned and operated
by a county government unit shall be at no cost to the parent
or guardian of the child. However, current law and practices
relative to contributions by parents or guardians for costs
other than educational or related services are not affected
by this amendatory Act of 1978.
Reimbursement for children attending public school
residential facilities shall be made in accordance with the
provisions of this Section.
(Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
(105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
Sec. 14-12.01. Account of expenditures - Cost report -
Reimbursement. Each school board shall keep an accurate,
detailed and separate account of all monies paid out by it
for the maintenance of each of the types of facilities,
classes and schools authorized by this Article for the
instruction and care of pupils attending them and for the
cost of their transportation, and shall annually report
thereon indicating the cost of each such elementary or high
school pupil for the school year ending June 30.
Applications for preapproval for reimbursement for costs
of special education must be first submitted through the
office of the regional superintendent of schools to the State
Superintendent of Education on or before 30 days after a
special class or service is started. Applications shall set
forth a plan for special education established and maintained
in accordance with this Article. Such applications shall be
limited to the cost of construction and maintenance of
special education facilities designed and utilized to house
instructional programs, diagnostic services, other special
education services for children with disabilities and
reimbursement as provided in Section 14-13.01. Such
application shall not include the cost of construction or
maintenance of any administrative facility separated from
special education facilities designed and utilized to house
instructional programs, diagnostic services, and other
special education services for children with disabilities.
Reimbursement claims for special education shall be made as
follows:
Each district shall file its claim computed in accordance
with rules prescribed by the State Board of Education with
the regional superintendent of schools, in triplicate, on or
before August 1, for approval on forms prescribed by the
State Superintendent of Education. Data used as a basis of
reimbursement claims shall be for the school year ended on
June 30 preceding. Each school district shall transmit to
The regional superintendent of schools shall check and upon
approval provide the State Superintendent of Education its
with the original and one copy of the claims on or before
August 15. The State Superintendent of Education before
approving any such claims shall determine their accuracy and
whether they are based upon services and facilities provided
under approved programs. Upon approval, vouchers for the
amounts due the respective districts shall be prepared and
submitted during each fiscal year as follows: the first 3
vouchers shall be prepared by the State Superintendent of
Education and transmitted to the Comptroller on the 30th day
of September, December and March, respectively, and the final
voucher, no later than June 20. If, after preparation and
transmittal of the September 30 vouchers, any claim has been
redetermined by the State Superintendent of Education,
subsequent vouchers shall be adjusted in amount to compensate
for any overpayment or underpayment previously made. If the
money appropriated by the General Assembly for such purpose
for any year is insufficient, it shall be apportioned on the
basis of the claims approved.
Claims received at the State Board of Education after
August 15 shall not be honored. Claims received by August 15
may be amended until November 30.
(Source: P.A. 88-641, eff. 9-9-94; 89-397, eff. 8-20-95.)
(105 ILCS 5/14A-5) (from Ch. 122, par. 14A-5)
Sec. 14A-5. Reimbursement for services and materials.
Pursuant to regulations of the State Board of Education
proposed programs for gifted children may be submitted to the
Council by a school district, 2 or more cooperating school
districts, a county, or 2 or more cooperating counties. Such
proposals shall include a statement of the qualifications and
duties of the personnel required in the fields of diagnostic,
counseling and consultative services and the educational
materials necessary.
Upon receipt of such proposals the Council shall evaluate
them and if found to contribute to the development of a State
plan to increase the service of the public school in the
field of education of gifted children the Council shall
recommend the acceptance thereof to the State Superintendent
of Education, who may approve the same. Upon the approval of
the district's program, which shall be offered during the
regular school term and may include optional summer school,
the district shall be entitled to reimbursement for the
services and materials required therefor by the method
described in either (a) or (b) as follows:
(a) The number of pupils in average daily attendance in
the district's program, multiplied by one of the following
factors:
The factors for school districts having different
assessed valuations per pupil in average daily attendance for
the prior year shall be:
1. in districts with $20,000 or more;
1.2 in districts with $16,000 but less than $20,000;
1.3 in districts with $12,000 but less than $16,000;
1.4 in districts with $9,000 but less than $12,000;
1.5 in districts with less than $9,000.
In no case shall the claim for reimbursement of any
district exceed the actual cost of such program to the
district nor shall the number of pupils for whom
reimbursement is claimed exceed 5% of the number of pupils in
average daily attendance in the district for the prior year.
(b) For each professional worker, who meets the
established standards for his position, employed in the
district's program at the annual rate of $5,000.
On or before July 10, annually, the president and the
secretary of the district shall certify to the regional
superintendent upon forms prescribed by the State
Superintendent of Education the district's claim for
reimbursement for the school year ended on June 30 next
preceding. The regional superintendent shall check all such
claims to ascertain compliance with the prescribed standards
and upon his approval shall certify not later than July 25 to
the State Superintendent of Education the regional report of
claims for reimbursements. The State Superintendent of
Education shall check and upon approval shall transmit by
September 15 to the State Comptroller the vouchers showing
the amounts due for district reimbursement claims.
Reimbursement shall be paid in the manner provided above in
this paragraph through September 15, 1979. Thereafter,
Estimated payments equal to 1/4 of the district's approved
program amount shall be made by the State Comptroller on
November 15, February 15, and May 15 upon submission of
vouchers by the State Superintendent of Education. A final
claim shall be transmitted filed with the regional
superintendent on or before July 10 for approval and
transmittal to the State Superintendent of Education on or
before July 20. Claims received by the State Superintendent
of Education after July 20 shall not be honored. Upon receipt
of the final claim the State Superintendent shall verify its
accuracy and make a final adjusted payment on September 20.
If the amount appropriated for such reimbursement for any
year is insufficient it shall be apportioned on the basis of
the claims approved.
When any school district eligible for reimbursement under
this Section operates a school for a full year in accordance
with Section 10-19.1 of this Act such reimbursement shall be
increased by 1/185 of the amount or rate paid hereunder for
each day such school is operated in excess of 185 days per
calendar year.
For purposes of calculating claims for reimbursement
under this Section for any school year beginning July 1,
1997, or thereafter, the equalized assessed valuation for a
school district used to compute reimbursement shall be
computed in the same manner as it is computed under paragraph
(2) of subsection (G) of Section 18-8.05.
(Source: P.A. 90-463, eff. 8-17-97; 91-96, eff. 7-9-99.)
(105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)
Sec. 14C-12. Account of expenditures; Cost report;
Reimbursement. Each school district shall keep an accurate,
detailed and separate account of all monies paid out by it
for the programs in transitional bilingual education required
or permitted by this Article, including transportation costs,
and shall annually report thereon for the school year ending
June 30 indicating the average per pupil expenditure. Each
school district shall be reimbursed for the amount by which
such costs exceed the average per pupil expenditure by such
school district for the education of children of comparable
age who are not in any special education program.
Applications for preapproval for reimbursement for costs
of transitional bilingual education programs must be
submitted to the State Superintendent of Education at least
60 days before a transitional bilingual education program is
started, unless a justifiable exception is granted by the
State Superintendent of Education. Applications shall set
forth a plan for transitional bilingual education established
and maintained in accordance with this Article.
Reimbursement claims for transitional bilingual education
programs shall be made as follows:
Each school district shall claim reimbursement on a
current basis for the first 3 quarters of the fiscal year and
file a final adjusted claim for the school year ended June 30
preceding computed in accordance with rules prescribed by the
State Superintendent's Office with the regional
superintendent of schools, in triplicate, for approval on
forms prescribed by the State Superintendent's Office. Data
used as a basis of reimbursement claims shall be for the
school year ended on June 30 preceding. School districts
shall file estimated claims with the regional superintendent
by October 10, January 10 and April 10 respectively, and file
final adjusted claims by July 10. Upon receipt of such
quarterly claims the regional superintendent shall transmit
them to the State Superintendent by October 20, January 20,
and April 20, and file final adjusted claims by July 20. The
State Superintendent of Education before approving any such
claims shall determine their accuracy and whether they are
based upon services and facilities provided under approved
programs. Upon approval he shall transmit by November 15,
February 15, May 15, and August 20 to the Comptroller the
vouchers showing the amounts due for school district
reimbursement claims. Upon receipt of the July final
adjusted claims the State Superintendent of Education shall
make a final determination of the accuracy of such claims.
If the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned
on the basis of the claims approved.
Failure on the part of the school district to prepare and
certify the final adjusted claims due under this Section on
or before July 20 of any year, and its failure thereafter to
prepare and certify such report to the regional
superintendent of schools within 10 days after receipt of
notice of such delinquency sent to it by the State
Superintendent of Education by registered mail, shall
constitute a forfeiture by the school district of its right
to be reimbursed by the State under this Section.
(Source: P.A. 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 school district 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 on or before July 31. Failure on
the part of the school board to certify its claim on July 31
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 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;
90-644, eff. 7-24-98.)
(105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
Sec. 18-4.3. Summer school grants. Grants shall be
determined for pupil attendance in summer schools conducted
under Sections 10-22.33A and 34-18 and approved under Section
2-3.25 in the following manner.
The amount of grant for each accredited summer school
attendance pupil shall be obtained by dividing the total
amount of apportionments determined under Section 18-8 or
Section 18-8.05 by the actual number of pupils in average
daily attendance used for such apportionments. The number of
credited summer school attendance pupils shall be determined
(a) by counting clock hours of class instruction by pupils
enrolled in grades 1 through 12 in approved courses conducted
at least 60 clock hours in summer sessions; (b) by dividing
such total of clock hours of class instruction by 4 to
produce days of credited pupil attendance; (c) by dividing
such days of credited pupil attendance by the actual number
of days in the regular term as used in computation in the
general apportionment in Section 18-8.05 18-8; and (d) by
multiplying by 1.25.
The amount of the grant for a summer school program
approved by the State Superintendent of Education for
children with disabilities, as defined in Sections 14-1.02
through 14-1.07, shall be determined in the manner contained
above except that average daily membership shall be utilized
in lieu of average daily attendance.
In the case of an apportionment based on summer school
attendance or membership pupils, the claim therefor shall be
presented as a separate claim for the particular school year
in which such summer school session ends. On or before
November 1 October 15 of each year the superintendent of each
eligible school district shall certify to the State
Superintendent of Education regional superintendent the claim
of the district for the summer session just ended. Failure
on the part of the school board to so certify shall
constitute a forfeiture of its right to such payment. The
regional superintendent shall certify to the State
Superintendent of Education no later than November 1 the
regional report of claims for summer school. The State
Superintendent of Education shall transmit to the Comptroller
no later than December 15th of each year vouchers for payment
of amounts due school districts for summer school. The State
Superintendent of Education shall direct the Comptroller to
draw his warrants for payments thereof by the 30th day of
December. If the money appropriated by the General Assembly
for such purpose for any year is insufficient, it shall be
apportioned on the basis of claims approved.
However, notwithstanding the foregoing provisions, for
each fiscal year the money appropriated by the General
Assembly for the purposes of this Section shall only be used
for grants for approved summer school programs for those
children with disabilities served pursuant to Sections
14-7.02 and 14-7.02a of the School Code.
(Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)
Section 10. The School Free Lunch Program Act is amended
by changing Section 8 as follows:
(105 ILCS 125/8) (from Ch. 122, par. 712.8)
Sec. 8. School boards and welfare centers shall file
claims for reimbursement, on forms provided by the State
Board of Education, with the Regional Superintendent of
Schools, on a monthly basis as prescribed by the State Board
of Education.
The Regional Superintendent of Schools shall sign and
forward to the State Board of Education one copy of each such
claim filed with him.
(Source: P.A. 87-420.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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