State of Illinois
2021 and 2022


Introduced 2/23/2021, by Sen. Meg Loughran Cappel


105 ILCS 5/14-1.08  from Ch. 122, par. 14-1.08
105 ILCS 5/14-7.02  from Ch. 122, par. 14-7.02

    Amends the Children with Disabilities Article of the School Code. Includes public therapeutics programs in the definition of "special educational facilities and services". In a provision requiring a school district to pay the cost of tuition for special education and related services if a 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, provides that the special education and related services includes public therapeutics programs.

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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Sections
514-1.08 and 14-7.02 as follows:
6    (105 ILCS 5/14-1.08)  (from Ch. 122, par. 14-1.08)
7    Sec. 14-1.08. Special educational facilities and services.
8"Special educational facilities and services" includes special
9schools, special classes, special housing, including
10residential facilities, special instruction, special reader
11service, braillists and typists for children with visual
12disabilities, sign language interpreters, transportation,
13maintenance, instructional material, therapy, public
14therapeutics programs, professional consultant services,
15medical services only for diagnostic and evaluation purposes
16provided by a physician licensed to practice medicine in all
17its branches to determine a child's need for special education
18and related services, psychological services, school social
19worker services, special administrative services, salaries of
20all required special personnel, and other special educational
21services, including special equipment for use in the
22classroom, required by the child because of his disability if
23such services or special equipment are approved by the State



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1Superintendent of Education and the child is eligible therefor
2under this Article and the regulations of the State Board of
4(Source: P.A. 89-397, eff. 8-20-95.)
5    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
6    Sec. 14-7.02. Children attending private schools, public
7out-of-state schools, public school residential facilities or
8private special education facilities. The General Assembly
9recognizes that non-public schools or special education
10facilities provide an important service in the educational
11system in Illinois.
12    If because of his or her disability the special education
13program of a district is unable to meet the needs of a child
14and the child attends a non-public school or special education
15facility, a public out-of-state school or a special education
16facility owned and operated by a county government unit that
17provides special educational services required by the child
18and is in compliance with the appropriate rules and
19regulations of the State Superintendent of Education, the
20school district in which the child is a resident shall pay the
21actual cost of tuition for special education and related
22services, including public therapeutics programs, provided
23during the regular school term and during the summer school
24term if the child's educational needs so require, excluding
25room, board and transportation costs charged the child by that



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1non-public school or special education facility, public
2out-of-state school or county special education facility, or
3$4,500 per year, whichever is less, and shall provide him any
4necessary transportation. "Nonpublic special education
5facility" shall include a residential facility, within or
6without the State of Illinois, which provides special
7education and related services to meet the needs of the child
8by utilizing private schools or public schools, whether
9located on the site or off the site of the residential
11    The State Board of Education shall promulgate rules and
12regulations for determining when placement in a private
13special education facility is appropriate. Such rules and
14regulations shall take into account the various types of
15services needed by a child and the availability of such
16services to the particular child in the public school. In
17developing these rules and regulations the State Board of
18Education shall consult with the Advisory Council on Education
19of Children with Disabilities and hold public hearings to
20secure recommendations from parents, school personnel, and
21others concerned about this matter.
22    The State Board of Education shall also promulgate rules
23and regulations for transportation to and from a residential
24school. Transportation to and from home to a residential
25school more than once each school term shall be subject to
26prior approval by the State Superintendent in accordance with



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1the rules and regulations of the State Board.
2    A school district making tuition payments pursuant to this
3Section is eligible for reimbursement from the State for the
4amount of such payments actually made in excess of the
5district per capita tuition charge for students not receiving
6special education services. Such reimbursement shall be
7approved in accordance with Section 14-12.01 and each district
8shall file its claims, computed in accordance with rules
9prescribed by the State Board of Education, on forms
10prescribed by the State Superintendent of Education. Data used
11as a basis of reimbursement claims shall be for the preceding
12regular school term and summer school term. Each school
13district shall transmit its claims to the State Board of
14Education on or before August 15. The State Board of
15Education, before approving any such claims, shall determine
16their accuracy and whether they are based upon services and
17facilities provided under approved programs. Upon approval the
18State Board shall cause vouchers to be prepared showing the
19amount due for payment of reimbursement claims to school
20districts, for transmittal to the State Comptroller on the
2130th day of September, December, and March, respectively, and
22the final voucher, no later than June 20. If the money
23appropriated by the General Assembly for such purpose for any
24year is insufficient, it shall be apportioned on the basis of
25the claims approved.
26    No child shall be placed in a special education program



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1pursuant to this Section if the tuition cost for special
2education and related services increases more than 10 percent
3over the tuition cost for the previous school year or exceeds
4$4,500 per year unless such costs have been approved by the
5Illinois Purchased Care Review Board. The Illinois Purchased
6Care Review Board shall consist of the following persons, or
7their designees: the Directors of Children and Family
8Services, Public Health, Public Aid, and the Governor's Office
9of Management and Budget; the Secretary of Human Services; the
10State Superintendent of Education; and such other persons as
11the Governor may designate. The Review Board shall also
12consist of one non-voting member who is an administrator of a
13private, nonpublic, special education school. The Review Board
14shall establish rules and regulations for its determination of
15allowable costs and payments made by local school districts
16for special education, room and board, and other related
17services provided by non-public schools or special education
18facilities and shall establish uniform standards and criteria
19which it shall follow. The Review Board shall approve the
20usual and customary rate or rates of a special education
21program that (i) is offered by an out-of-state, non-public
22provider of integrated autism specific educational and autism
23specific residential services, (ii) offers 2 or more levels of
24residential care, including at least one locked facility, and
25(iii) serves 12 or fewer Illinois students.
26    In determining rates based on allowable costs, the Review



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1Board shall consider any wage increases awarded by the General
2Assembly to front line personnel defined as direct support
3persons, aides, front-line supervisors, qualified intellectual
4disabilities professionals, nurses, and non-administrative
5support staff working in service settings in community-based
6settings within the State and adjust customary rates or rates
7of a special education program to be equitable to the wage
8increase awarded to similar staff positions in a community
9residential setting. Any wage increase awarded by the General
10Assembly to front line personnel defined as direct support
11persons, aides, front-line supervisors, qualified intellectual
12disabilities professionals, nurses, and non-administrative
13support staff working in community-based settings within the
14State, including the $0.75 per hour increase contained in
15Public Act 100-23 and the $0.50 per hour increase included in
16Public Act 100-23, shall also be a basis for any facility
17covered by this Section to appeal its rate before the Review
18Board under the process defined in Title 89, Part 900, Section
19340 of the Illinois Administrative Code. Illinois
20Administrative Code Title 89, Part 900, Section 342 shall be
21updated to recognize wage increases awarded to community-based
22settings to be a basis for appeal. However, any wage increase
23that is captured upon appeal from a previous year shall not be
24counted by the Review Board as revenue for the purpose of
25calculating a facility's future rate.
26    Any definition used by the Review Board in administrative



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1rule or policy to define "related organizations" shall include
2any and all exceptions contained in federal law or regulation
3as it pertains to the federal definition of "related
5    The Review Board shall establish uniform definitions and
6criteria for accounting separately by special education, room
7and board and other related services costs. The Board shall
8also establish guidelines for the coordination of services and
9financial assistance provided by all State agencies to assure
10that no otherwise qualified child with a disability receiving
11services under Article 14 shall be excluded from participation
12in, be denied the benefits of or be subjected to
13discrimination under any program or activity provided by any
14State agency.
15    The Review Board shall review the costs for special
16education and related services provided by non-public schools
17or special education facilities and shall approve or
18disapprove such facilities in accordance with the rules and
19regulations established by it with respect to allowable costs.
20    The State Board of Education shall provide administrative
21and staff support for the Review Board as deemed reasonable by
22the State Superintendent of Education. This support shall not
23include travel expenses or other compensation for any Review
24Board member other than the State Superintendent of Education.
25    The Review Board shall seek the advice of the Advisory
26Council on Education of Children with Disabilities on the



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1rules and regulations to be promulgated by it relative to
2providing special education services.
3    If a child has been placed in a program in which the actual
4per pupil costs of tuition for special education and related
5services based on program enrollment, excluding room, board
6and transportation costs, exceed $4,500 and such costs have
7been approved by the Review Board, the district shall pay such
8total costs which exceed $4,500. A district making such
9tuition payments in excess of $4,500 pursuant to this Section
10shall be responsible for an amount in excess of $4,500 equal to
11the district per capita tuition charge and shall be eligible
12for reimbursement from the State for the amount of such
13payments actually made in excess of the districts per capita
14tuition charge for students not receiving special education
16    If a child has been placed in an approved individual
17program and the tuition costs including room and board costs
18have been approved by the Review Board, then such room and
19board costs shall be paid by the appropriate State agency
20subject to the provisions of Section 14-8.01 of this Act. Room
21and board costs not provided by a State agency other than the
22State Board of Education shall be provided by the State Board
23of Education on a current basis. In no event, however, shall
24the State's liability for funding of these tuition costs begin
25until after the legal obligations of third party payors have
26been subtracted from such costs. If the money appropriated by



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1the General Assembly for such purpose for any year is
2insufficient, it shall be apportioned on the basis of the
3claims approved. Each district shall submit estimated claims
4to the State Superintendent of Education. Upon approval of
5such claims, the State Superintendent of Education shall
6direct the State Comptroller to make payments on a monthly
7basis. The frequency for submitting estimated claims and the
8method of determining payment shall be prescribed in rules and
9regulations adopted by the State Board of Education. Such
10current state reimbursement shall be reduced by an amount
11equal to the proceeds which the child or child's parents are
12eligible to receive under any public or private insurance or
13assistance program. Nothing in this Section shall be construed
14as relieving an insurer or similar third party from an
15otherwise valid obligation to provide or to pay for services
16provided to a child with a disability.
17    If it otherwise qualifies, a school district is eligible
18for the transportation reimbursement under Section 14-13.01
19and for the reimbursement of tuition payments under this
20Section whether the non-public school or special education
21facility, public out-of-state school or county special
22education facility, attended by a child who resides in that
23district and requires special educational services, is within
24or outside of the State of Illinois. However, a district is not
25eligible to claim transportation reimbursement under this
26Section unless the district certifies to the State



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1Superintendent of Education that the district is unable to
2provide special educational services required by the child for
3the current school year.
4    Nothing in this Section authorizes the reimbursement of a
5school district for the amount paid for tuition of a child
6attending a non-public school or special education facility,
7public out-of-state school or county special education
8facility unless the school district certifies to the State
9Superintendent of Education that the special education program
10of that district is unable to meet the needs of that child
11because of his disability and the State Superintendent of
12Education finds that the school district is in substantial
13compliance with Section 14-4.01. However, if a child is
14unilaterally placed by a State agency or any court in a
15non-public school or special education facility, public
16out-of-state school, or county special education facility, a
17school district shall not be required to certify to the State
18Superintendent of Education, for the purpose of tuition
19reimbursement, that the special education program of that
20district is unable to meet the needs of a child because of his
21or her disability.
22    Any educational or related services provided, pursuant to
23this Section in a non-public school or special education
24facility or a special education facility owned and operated by
25a county government unit shall be at no cost to the parent or
26guardian of the child. However, current law and practices



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1relative to contributions by parents or guardians for costs
2other than educational or related services are not affected by
3this amendatory Act of 1978.
4    Reimbursement for children attending public school
5residential facilities shall be made in accordance with the
6provisions of this Section.
7    Notwithstanding any other provision of law, any school
8district receiving a payment under this Section or under
9Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
10all or a portion of the funds that it receives in a particular
11fiscal year or from general State aid pursuant to Section
1218-8.05 of this Code as funds received in connection with any
13funding program for which it is entitled to receive funds from
14the State in that fiscal year (including, without limitation,
15any funding program referenced in this Section), regardless of
16the source or timing of the receipt. The district may not
17classify more funds as funds received in connection with the
18funding program than the district is entitled to receive in
19that fiscal year for that program. Any classification by a
20district must be made by a resolution of its board of
21education. The resolution must identify the amount of any
22payments or general State aid to be classified under this
23paragraph and must specify the funding program to which the
24funds are to be treated as received in connection therewith.
25This resolution is controlling as to the classification of
26funds referenced therein. A certified copy of the resolution



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1must be sent to the State Superintendent of Education. The
2resolution shall still take effect even though a copy of the
3resolution has not been sent to the State Superintendent of
4Education in a timely manner. No classification under this
5paragraph by a district shall affect the total amount or
6timing of money the district is entitled to receive under this
7Code. No classification under this paragraph by a district
8shall in any way relieve the district from or affect any
9requirements that otherwise would apply with respect to that
10funding program, including any accounting of funds by source,
11reporting expenditures by original source and purpose,
12reporting requirements, or requirements of providing services.
13(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)