102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0559

 

Introduced 2/23/2021, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-7.02  from Ch. 122, par. 14-7.02

    Amends the Children with Disabilities Article of the School Code. Allows a private special education facility in this State that is a nonprofit entity and that provides special education services only to students who are referred to it by a public school district in this State to require tuition payments by a school district monthly prior to the provision of special education services in accordance with a student's individualized education program for the period that the student is enrolled in the facility pursuant to a placement contract between the facility and the student's school district. Provides that, at or before the end of each regular school term and each summer school term, the private special education facility shall refund to a school district any tuition funds collected by the facility for days that a student was not enrolled in the facility, and if, for any reason, the facility does not satisfy the requirements of the Article or any rules adopted by the State Board of Education regulating private special education facilities, then the State Board, at the request of the school district, may determine that the facility shall refund any tuition funds collected by the facility for days that it was determined by the State Board that the facility was in noncompliance with special education rules. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0559LRB102 16107 CMG 21481 b

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 Section
514-7.02 as follows:
 
6    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
7    Sec. 14-7.02. Children attending private schools, public
8out-of-state schools, public school residential facilities or
9private special education facilities. The General Assembly
10recognizes that non-public schools or special education
11facilities provide an important service in the educational
12system in Illinois.
13    If because of his or her disability the special education
14program of a district is unable to meet the needs of a child
15and the child attends a non-public school or special education
16facility, a public out-of-state school or a special education
17facility owned and operated by a county government unit that
18provides special educational services required by the child
19and is in compliance with the appropriate rules and
20regulations of the State Superintendent of Education, the
21school district in which the child is a resident shall pay the
22actual cost of tuition for special education and related
23services provided during the regular school term and during

 

 

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1the summer school term if the child's educational needs so
2require, excluding room, board and transportation costs
3charged the child by that non-public school or special
4education facility, public out-of-state school or county
5special education facility, or $4,500 per year, whichever is
6less, and shall provide him any necessary transportation.
7"Nonpublic special education facility" shall include a
8residential facility, within or without the State of Illinois,
9which provides special education and related services to meet
10the needs of the child by utilizing private schools or public
11schools, whether located on the site or off the site of the
12residential facility.
13    The State Board of Education shall promulgate rules and
14regulations for determining when placement in a private
15special education facility is appropriate. Such rules and
16regulations shall take into account the various types of
17services needed by a child and the availability of such
18services to the particular child in the public school. In
19developing these rules and regulations the State Board of
20Education shall consult with the Advisory Council on Education
21of Children with Disabilities and hold public hearings to
22secure recommendations from parents, school personnel, and
23others concerned about this matter.
24    The State Board of Education shall also promulgate rules
25and regulations for transportation to and from a residential
26school. Transportation to and from home to a residential

 

 

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1school more than once each school term shall be subject to
2prior approval by the State Superintendent in accordance with
3the rules and regulations of the State Board.
4    A private special education facility in this State that is
5a nonprofit entity and that provides special education
6services only to students who are referred to it by a public
7school district in this State may require tuition payments by
8a school district monthly prior to the provision of special
9education services in accordance with a student's
10individualized education program for the period that the
11student is enrolled in the facility pursuant to a placement
12contract between the facility and the student's school
13district. At or before the end of each regular school term and
14each summer school term, the private special education
15facility shall refund to a school district any tuition funds
16collected by the facility for days that a student was not
17enrolled in the facility, and if, for any reason, the facility
18does not satisfy the requirements of this Article or any rules
19adopted by the State Board of Education regulating private
20special education facilities, then the State Board, at the
21request of the school district, may determine that the
22facility shall refund any tuition funds collected by the
23facility for days that it was determined by the State Board
24that the facility was in noncompliance with special education
25rules. The facility shall refund the school district following
26the determination by the State Board.

 

 

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1    A school district making tuition payments pursuant to this
2Section is eligible for reimbursement from the State for the
3amount of such payments actually made in excess of the
4district per capita tuition charge for students not receiving
5special education services. Such reimbursement shall be
6approved in accordance with Section 14-12.01 and each district
7shall file its claims, computed in accordance with rules
8prescribed by the State Board of Education, on forms
9prescribed by the State Superintendent of Education. Data used
10as a basis of reimbursement claims shall be for the preceding
11regular school term and summer school term. Each school
12district shall transmit its claims to the State Board of
13Education on or before August 15. The State Board of
14Education, before approving any such claims, shall determine
15their accuracy and whether they are based upon services and
16facilities provided under approved programs. Upon approval the
17State Board shall cause vouchers to be prepared showing the
18amount due for payment of reimbursement claims to school
19districts, for transmittal to the State Comptroller on the
2030th day of September, December, and March, respectively, and
21the final voucher, no later than June 20. If the money
22appropriated by the General Assembly for such purpose for any
23year is insufficient, it shall be apportioned on the basis of
24the claims approved.
25    No child shall be placed in a special education program
26pursuant to this Section if the tuition cost for special

 

 

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

 

 

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1Assembly to front line personnel defined as direct support
2persons, aides, front-line supervisors, qualified intellectual
3disabilities professionals, nurses, and non-administrative
4support staff working in service settings in community-based
5settings within the State and adjust customary rates or rates
6of a special education program to be equitable to the wage
7increase awarded to similar staff positions in a community
8residential setting. Any wage increase awarded by the General
9Assembly to front line personnel defined as direct support
10persons, aides, front-line supervisors, qualified intellectual
11disabilities professionals, nurses, and non-administrative
12support staff working in community-based settings within the
13State, including the $0.75 per hour increase contained in
14Public Act 100-23 and the $0.50 per hour increase included in
15Public Act 100-23, shall also be a basis for any facility
16covered by this Section to appeal its rate before the Review
17Board under the process defined in Title 89, Part 900, Section
18340 of the Illinois Administrative Code. Illinois
19Administrative Code Title 89, Part 900, Section 342 shall be
20updated to recognize wage increases awarded to community-based
21settings to be a basis for appeal. However, any wage increase
22that is captured upon appeal from a previous year shall not be
23counted by the Review Board as revenue for the purpose of
24calculating a facility's future rate.
25    Any definition used by the Review Board in administrative
26rule or policy to define "related organizations" shall include

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1other than educational or related services are not affected by
2this amendatory Act of 1978.
3    Reimbursement for children attending public school
4residential facilities shall be made in accordance with the
5provisions of this Section.
6    Notwithstanding any other provision of law, any school
7district receiving a payment under this Section or under
8Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
9all or a portion of the funds that it receives in a particular
10fiscal year or from general State aid pursuant to Section
1118-8.05 of this Code as funds received in connection with any
12funding program for which it is entitled to receive funds from
13the State in that fiscal year (including, without limitation,
14any funding program referenced in this Section), regardless of
15the source or timing of the receipt. The district may not
16classify more funds as funds received in connection with the
17funding program than the district is entitled to receive in
18that fiscal year for that program. Any classification by a
19district must be made by a resolution of its board of
20education. The resolution must identify the amount of any
21payments or general State aid to be classified under this
22paragraph and must specify the funding program to which the
23funds are to be treated as received in connection therewith.
24This resolution is controlling as to the classification of
25funds referenced therein. A certified copy of the resolution
26must be sent to the State Superintendent of Education. The

 

 

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1resolution shall still take effect even though a copy of the
2resolution has not been sent to the State Superintendent of
3Education in a timely manner. No classification under this
4paragraph by a district shall affect the total amount or
5timing of money the district is entitled to receive under this
6Code. No classification under this paragraph by a district
7shall in any way relieve the district from or affect any
8requirements that otherwise would apply with respect to that
9funding program, including any accounting of funds by source,
10reporting expenditures by original source and purpose,
11reporting requirements, or requirements of providing services.
12(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.