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92nd General Assembly

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Public Act 92-0094

SB668 Enrolled                                 LRB9207375NTsb

    AN ACT relating to 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
Section 18-3 as follows:

    (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
regular  school year ending on June 30 or the summer term for
that school year, 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.
    The   school   district   shall   certify  to  the  State
Superintendent of Education the 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 and summer term must be received
at the State Board of Education by July 31 following the  end
of  the regular 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. 90-463, eff.  8-17-97;  90-644,  eff.  7-24-98;
91-764, eff. 6-9-00.)
    Passed in the General Assembly April 19, 2001.
    Approved July 18, 2001.
    Effective January 01, 2002.

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