093_HB1180

 
                                     LRB093 07885 NHT 08075 b

 1        AN ACT to amend the School Code.

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

 4        Section  5.   The  School  Code  is  amended  by changing
 5    Sections  1D-1,  14-7.02,  14-8.01,  and  18-4.3  and  adding
 6    Section 14-7.02b as follows:

 7        (105 ILCS 5/1D-1)
 8        Sec. 1D-1.  Block grant funding.
 9        (a)  For  fiscal  year  1996   and   each   fiscal   year
10    thereafter,  the  State  Board  of Education shall award to a
11    school  district  having  a  population   exceeding   500,000
12    inhabitants   a   general   education   block  grant  and  an
13    educational services block grant, determined as  provided  in
14    this  Section,  in  lieu  of  distributing  to  the  district
15    separate   State   funding  for  the  programs  described  in
16    subsections (b) and (c).  The  provisions  of  this  Section,
17    however,  do not apply to any federal funds that the district
18    is entitled to receive.  In accordance with  Section  2-3.32,
19    all  block  grants are subject to an audit.  Therefore, block
20    grant receipts and block grant expenditures shall be recorded
21    to the appropriate fund code for the designated block grant.
22        (b)  The general education block grant shall include  the
23    following programs: REI Initiative, Summer Bridges, Preschool
24    At  Risk, K-6 Comprehensive Arts, School Improvement Support,
25    Urban  Education,  Scientific   Literacy,   Substance   Abuse
26    Prevention,  Second  Language  Planning,  Staff  Development,
27    Outcomes  and  Assessment,  K-6 Reading Improvement, Truants'
28    Optional Education, Hispanic Programs, Agriculture Education,
29    Gifted Education, Parental Education, Prevention  Initiative,
30    Report   Cards,   and   Criminal  Background  Investigations.
31    Notwithstanding any other provision of law, all amounts  paid
 
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 1    under   the   general   education   block  grant  from  State
 2    appropriations to a  school  district  in  a  city  having  a
 3    population    exceeding    500,000   inhabitants   shall   be
 4    appropriated and expended by the board of that  district  for
 5    any of the programs included in the block grant or any of the
 6    board's lawful purposes.
 7        (c)  The  educational  services block grant shall include
 8    the following programs:  Bilingual,  Regular  and  Vocational
 9    Transportation,  State  Lunch  and  Free  Breakfast  Program,
10    Special  Education (Personnel, Extraordinary, Transportation,
11    Orphanage, Private Tuition), funding for  children  requiring
12    special   education   services,  Summer  School,  Educational
13    Service   Centers,   and   Administrator's   Academy.    This
14    subsection  (c)  does  not  relieve  the  district   of   its
15    obligation  to  provide the services required under a program
16    that is included within the educational services block grant.
17    It is the intention of the General Assembly in  enacting  the
18    provisions  of this subsection (c) to relieve the district of
19    the  administrative  burdens  that  impede   efficiency   and
20    accompany   single-program  funding.   The  General  Assembly
21    encourages the board to pursue mandate  waivers  pursuant  to
22    Section 2-3.25g.
23        The  funding program included in the educational services
24    block  grant  for  funding  for  children  requiring  special
25    education services in each fiscal year shall  be  treated  in
26    that  fiscal  year  as  a  payment  to the school district in
27    respect of services provided or costs incurred in  the  prior
28    fiscal  year,  calculated  in  each  case as provided in this
29    Section.  Nothing in this Section shall change the nature  of
30    payments for any program that, apart from this Section, would
31    be or, prior to adoption or amendment of this Section, was on
32    the  basis  of  a  payment  in  a  fiscal  year in respect of
33    services provided or costs incurred in the prior fiscal year,
34    calculated in each case as provided in this Section.
 
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 1        (d)  For  fiscal  year  1996   and   each   fiscal   year
 2    thereafter,  the  amount of the district's block grants shall
 3    be determined as follows: (i) with respect  to  each  program
 4    that  is included within each block grant, the district shall
 5    receive an amount equal to the same percentage of the current
 6    fiscal year  appropriation  made  for  that  program  as  the
 7    percentage of the appropriation received by the district from
 8    the 1995 fiscal year appropriation made for that program, and
 9    (ii)  the  total  amount  that  is due the district under the
10    block grant shall be the aggregate of the  amounts  that  the
11    district  is  entitled  to  receive  for the fiscal year with
12    respect to each program that is  included  within  the  block
13    grant  that  the  State  Board  of  Education shall award the
14    district under this Section for that  fiscal  year.   In  the
15    case  of  the  Summer  Bridges  program,  the  amount  of the
16    district's block grant shall be equal to 44% of the amount of
17    the current fiscal year appropriation made for that program.
18        (e)  The district is not required to file any application
19    or other claim in order to receive the block grants to  which
20    it  is  entitled  under  this  Section.  The  State  Board of
21    Education shall make payments to the district of amounts  due
22    under the district's block grants on a schedule determined by
23    the State Board of Education.
24        (f)  A  school  district  to  which  this Section applies
25    shall report to the State Board of Education on  its  use  of
26    the  block  grants in such form and detail as the State Board
27    of Education may specify.
28        (g)  This paragraph provides for the treatment  of  block
29    grants  under  Article  1C  for  purposes  of calculating the
30    amount of block grants for a  district  under  this  Section.
31    Those  block  grants  under Article 1C are, for this purpose,
32    treated as included in the amount of  appropriation  for  the
33    various  programs  set  forth  in  paragraph  (b) above.  The
34    appropriation in each current  fiscal  year  for  each  block
 
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 1    grant under Article 1C shall be treated for these purposes as
 2    appropriations  for  the  individual program included in that
 3    block grant.  The proportion of each block grant so allocated
 4    to each such program included in it shall be  the  proportion
 5    which   the   appropriation  for  that  program  was  of  all
 6    appropriations for such purposes now in that block grant,  in
 7    fiscal 1995.
 8        Payments  to  the school district under this Section with
 9    respect  to  each  program  for  which  payments  to   school
10    districts generally, as of the date of this amendatory Act of
11    the 92nd General Assembly, are on a reimbursement basis shall
12    continue to be made to the district on a reimbursement basis,
13    pursuant  to  the  provisions  of  this  Code governing those
14    programs.
15        (h)  Notwithstanding any  other  provision  of  law,  any
16    school  district  receiving  a block grant under this Section
17    may classify all or a portion of the funds that  it  receives
18    in  a  particular fiscal year from any block grant authorized
19    under this Code or from general State aid pursuant to Section
20    18-8.05 of this Code (other than supplemental  general  State
21    aid) as funds received in connection with any funding program
22    for  which  it is entitled to receive funds from the State in
23    that fiscal year (including, without limitation, any  funding
24    program  referred  to  in  subsection  (c)  of this Section),
25    regardless of the source  or  timing  of  the  receipt.   The
26    district  may  not  classify  more funds as funds received in
27    connection with the funding  program  than  the  district  is
28    entitled  to  receive  in  that fiscal year for that program.
29    Any classification by a district must be made by a resolution
30    of its board of education.  The resolution must identify  the
31    amount  of  any  block  grant  or  general  State  aid  to be
32    classified under this subsection (h)  and  must  specify  the
33    funding  program  to  which  the  funds  are to be treated as
34    received  in  connection  therewith.   This   resolution   is
 
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 1    controlling  as  to  the  classification  of funds referenced
 2    therein.  A certified copy of the resolution must be sent  to
 3    the  State  Superintendent of Education. The resolution shall
 4    still take effect even though a copy of  the  resolution  has
 5    not  been  sent to the State Superintendent of Education in a
 6    timely manner.  No classification under this  subsection  (h)
 7    by  a  district  shall  affect  the total amount or timing of
 8    money the district is entitled to receive  under  this  Code.
 9    No  classification  under  this  subsection (h) by a district
10    shall in any way relieve the  district  from  or  affect  any
11    requirements  that  otherwise would apply with respect to the
12    block grant  as  provided  in  this  Section,  including  any
13    accounting  of  funds  by  source,  reporting expenditures by
14    original  source  and  purpose,  reporting  requirements,  or
15    requirements of provision of services.
16    (Source: P.A. 91-711,  eff.  7-1-00;  92-568,  eff.  6-26-02;
17    92-651, eff. 7-11-02.)

18        (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
19        Sec. 14-7.02.  Children attending private schools, public
20    out-of-state schools, public school residential facilities or
21    private  special  education facilities.  The General Assembly
22    recognizes  that  non-public  schools  or  special  education
23    facilities provide an important service  in  the  educational
24    system in Illinois.
25        If because of his or her disability the special education
26    program  of a district is unable to meet the needs of a child
27    and  the  child  attends  a  non-public  school  or   special
28    education facility, a public out-of-state school or a special
29    education  facility owned and operated by a county government
30    unit that provides special educational services  required  by
31    the child and is in compliance with the appropriate rules and
32    regulations  of  the  State  Superintendent of Education, the
33    school district in which the child is a  resident  shall  pay
 
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 1    the  actual cost of tuition for special education and related
 2    services provided during the regular school term  and  during
 3    the  summer  school  term if the child's educational needs so
 4    require,  excluding  room,  board  and  transportation  costs
 5    charged the  child  by  that  non-public  school  or  special
 6    education  facility,  public  out-of-state  school  or county
 7    special education facility, or $4,500 per year, whichever  is
 8    less,  and  shall  provide  him any necessary transportation.
 9    "Nonpublic  special  education  facility"  shall  include   a
10    residential   facility,   within  or  without  the  State  of
11    Illinois,  which  provides  special  education  and   related
12    services  to meet the needs of the child by utilizing private
13    schools or public schools, whether located on the site or off
14    the site of the residential facility.
15        The State Board of Education shall promulgate  rules  and
16    regulations  for  determining  when  placement  in  a private
17    special education facility is appropriate.   Such  rules  and
18    regulations  shall  take  into  account  the various types of
19    services needed by a  child  and  the  availability  of  such
20    services  to  the  particular  child in the public school. In
21    developing these rules and regulations  the  State  Board  of
22    Education   shall   consult  with  the  Advisory  Council  on
23    Education of  Children  with  Disabilities  and  hold  public
24    hearings  to  secure  recommendations  from  parents,  school
25    personnel, and others concerned about this matter.
26        The  State Board of Education shall also promulgate rules
27    and regulations for transportation to and from a  residential
28    school.  Transportation  to  and  from  home to a residential
29    school more than once each school term shall  be  subject  to
30    prior approval by the State Superintendent in accordance with
31    the rules and regulations of the State Board.
32        A  school  district  making  tuition payments pursuant to
33    this Section is eligible for reimbursement from the State for
34    the amount of such payments actually made in  excess  of  the
 
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 1    district per capita tuition charge for students not receiving
 2    special  education  services.  Such  reimbursement  shall  be
 3    approved   in  accordance  with  Section  14-12.01  and  each
 4    district shall file its claims, computed in  accordance  with
 5    rules  prescribed  by  the State Board of Education, on forms
 6    prescribed by the State Superintendent  of  Education.   Data
 7    used  as  a  basis  of  reimbursement claims shall be for the
 8    preceding regular school term and summer school  term.   Each
 9    school  district shall transmit its claims to the State Board
10    of Education on or before August  15.   The  State  Board  of
11    Education,  before approving any such claims, shall determine
12    their accuracy and whether they are based upon  services  and
13    facilities  provided  under approved programs.  Upon approval
14    the State Board shall cause vouchers to be  prepared  showing
15    the  amount due for payment of reimbursement claims to school
16    districts, for transmittal to the State  Comptroller  on  the
17    30th day of September, December, and March, respectively, and
18    the  final  voucher,  no  later  than  June  20. If the money
19    appropriated by the General Assembly for such purpose for any
20    year is insufficient, it shall be apportioned on the basis of
21    the claims approved.
22        No child shall be placed in a special  education  program
23    pursuant  to  this  Section  if  the tuition cost for special
24    education and related services increases more than 10 percent
25    over the tuition cost for the previous school year or exceeds
26    $4,500 per year unless such costs have been approved  by  the
27    Illinois   Purchased   Care    Review  Board.   The  Illinois
28    Purchased Care Review Board shall consist  of  the  following
29    persons,  or  their designees:  the Directors of Children and
30    Family Services, Public Health, Public Aid, and the Bureau of
31    the Budget;  the  Secretary  of  Human  Services;  the  State
32    Superintendent  of  Education;  and such other persons as the
33    Governor may  designate.  The Review  Board  shall  establish
34    rules  and  regulations  for  its  determination of allowable
 
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 1    costs and payments made by local school districts for special
 2    education,  room  and  board,  and  other  related   services
 3    provided   by   non-public   schools   or  special  education
 4    facilities and shall establish uniform standards and criteria
 5    which it shall follow.
 6        The Review Board shall establish uniform definitions  and
 7    criteria for accounting separately by special education, room
 8    and  board and other related services costs.  The Board shall
 9    also establish guidelines for the  coordination  of  services
10    and  financial  assistance  provided by all State agencies to
11    assure that no otherwise qualified disabled  child  receiving
12    services   under   Article   14   shall   be   excluded  from
13    participation in, be denied the benefits of or  be  subjected
14    to  discrimination  under any program or activity provided by
15    any State agency.
16        The Review Board  shall  review  the  costs  for  special
17    education and related services provided by non-public schools
18    or   special   education  facilities  and  shall  approve  or
19    disapprove such facilities in accordance with the  rules  and
20    regulations  established  by  it  with  respect  to allowable
21    costs.
22        The State Board of Education shall provide administrative
23    and staff support for the Review Board as  deemed  reasonable
24    by the State Superintendent of Education.  This support shall
25    not  include  travel  expenses  or other compensation for any
26    Review Board member other than the  State  Superintendent  of
27    Education.
28        The  Review  Board  shall seek the advice of the Advisory
29    Council on Education of Children  with  Disabilities  on  the
30    rules  and  regulations  to  be promulgated by it relative to
31    providing special education services.
32        If a child has been placed in  a  program  in  which  the
33    actual  per  pupil costs of tuition for special education and
34    related services based on program enrollment, excluding room,
 
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 1    board and transportation costs, exceed $4,500 and such  costs
 2    have  been  approved  by the Review Board, the district shall
 3    pay such total costs which exceed $4,500.  A district  making
 4    such  tuition  payments  in excess of $4,500 pursuant to this
 5    Section shall be responsible  for  an  amount  in  excess  of
 6    $4,500  equal  to  the district per capita tuition charge and
 7    shall be eligible for reimbursement from the  State  for  the
 8    amount  of  such  payments  actually  made  in  excess of the
 9    districts  per  capita  tuition  charge  for   students   not
10    receiving special education services.
11        If  a  child  has  been  placed in an approved individual
12    program and the tuition costs including room and board  costs
13    have  been  approved  by the Review Board, then such room and
14    board costs shall be paid by  the  appropriate  State  agency
15    subject  to  the  provisions  of Section 14-8.01 of this Act.
16    Room and board costs not provided by  a  State  agency  other
17    than  the  State  Board of Education shall be provided by the
18    State Board of Education on a current basis.   In  no  event,
19    however,  shall  the  State's  liability for funding of these
20    tuition costs begin until  after  the  legal  obligations  of
21    third  party payors have been subtracted from such costs.  If
22    the money appropriated  by  the  General  Assembly  for  such
23    purpose for any year is insufficient, it shall be apportioned
24    on  the  basis  of  the claims approved.  Each district shall
25    submit  estimated  claims  to  the  State  Superintendent  of
26    Education.   Upon  approval  of  such   claims,   the   State
27    Superintendent   of   Education   shall   direct   the  State
28    Comptroller  to  make  payments  on  a  monthly  basis.   The
29    frequency  for  submitting estimated claims and the method of
30    determining  payment  shall  be  prescribed  in   rules   and
31    regulations  adopted  by the State Board of Education.   Such
32    current state reimbursement shall be  reduced  by  an  amount
33    equal  to the proceeds which the child or child's parents are
34    eligible to receive under any public or private insurance  or
 
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 1    assistance   program.   Nothing  in  this  Section  shall  be
 2    construed as relieving an insurer or similar third party from
 3    an otherwise valid  obligation  to  provide  or  to  pay  for
 4    services provided to a disabled child.
 5        If  it otherwise qualifies, a school district is eligible
 6    for the transportation reimbursement under  Section  14-13.01
 7    and  for  the  reimbursement  of  tuition payments under this
 8    Section whether the non-public school  or  special  education
 9    facility,   public  out-of-state  school  or  county  special
10    education facility, attended by a child who resides  in  that
11    district and requires special educational services, is within
12    or  outside of the State of Illinois.  However, a district is
13    not eligible to claim transportation reimbursement under this
14    Section  unless  the  district   certifies   to   the   State
15    Superintendent  of  Education  that the district is unable to
16    provide special educational services required  by  the  child
17    for the current school year.
18        Nothing in this Section authorizes the reimbursement of a
19    school  district  for  the amount paid for tuition of a child
20    attending a non-public school or special education  facility,
21    public   out-of-state  school  or  county  special  education
22    facility unless the school district certifies  to  the  State
23    Superintendent   of  Education  that  the  special  education
24    program of that district is unable to meet the needs of  that
25    child  because of his disability and the State Superintendent
26    of Education finds that the school district is in substantial
27    compliance with Section 14-4.01.
28        Any educational or related services provided, pursuant to
29    this Section in a  non-public  school  or  special  education
30    facility  or  a special education facility owned and operated
31    by a county government unit shall be at no cost to the parent
32    or guardian of the child. However, current law and  practices
33    relative  to  contributions by parents or guardians for costs
34    other than educational or related services are  not  affected
 
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 1    by this amendatory Act of 1978.
 2        Reimbursement   for   children  attending  public  school
 3    residential facilities shall be made in accordance  with  the
 4    provisions of this Section.
 5        Notwithstanding  any  other  provision of law, any school
 6    district receiving a payment  under  this  Section  or  under
 7    Section 14-7.02a, 14-13.01, or 29-5 of this Code may classify
 8    all  or  a  portion  of  the  funds  that  it  receives  in a
 9    particular fiscal year or from general State aid pursuant  to
10    Section  18-8.05 of this Code as funds received in connection
11    with any funding program for which it is entitled to  receive
12    funds  from the State in that fiscal year (including, without
13    limitation, any funding program referenced in this  Section),
14    regardless  of  the  source  or  timing  of the receipt.  The
15    district may not classify more funds  as  funds  received  in
16    connection  with  the  funding  program  than the district is
17    entitled to receive in that fiscal  year  for  that  program.
18    Any classification by a district must be made by a resolution
19    of  its board of education.  The resolution must identify the
20    amount of any payments or general State aid to be  classified
21    under  this paragraph and must specify the funding program to
22    which the funds are to be treated as received  in  connection
23    therewith.    This   resolution  is  controlling  as  to  the
24    classification of funds referenced therein.  A certified copy
25    of the resolution must be sent to the State Superintendent of
26    Education. The resolution shall still take effect even though
27    a copy of the resolution has  not  been  sent  to  the  State
28    Superintendent   of   Education  in  a  timely  manner.    No
29    classification under  this  paragraph  by  a  district  shall
30    affect  the  total  amount or timing of money the district is
31    entitled to receive under this Code. No classification  under
32    this  paragraph  by  a  district shall in any way relieve the
33    district from or affect any requirements that otherwise would
34    apply with respect to that  funding  program,  including  any
 
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 1    accounting  of  funds  by  source,  reporting expenditures by
 2    original  source  and  purpose,  reporting  requirements,  or
 3    requirements of providing services.
 4    (Source: P.A. 91-764, eff. 6-9-00; 92-568, eff. 6-26-02.)

 5        (105 ILCS 5/14-7.02b new)
 6        Sec. 14-7.02b.  Funding for  children  requiring  special
 7    education  services.  Payments  to school districts and joint
 8    agreements for children requiring special education  services
 9    documented   in   their   individualized   education  program
10    regardless of the  program  from  which  these  services  are
11    received, excluding children claimed under Section 14-7.03 of
12    this  Code,  shall  be  made in accordance with this Section.
13    Funds received under this Section may be used  only  for  the
14    provision  of  special educational facilities and services as
15    defined in Section 14-1.08 of this Code.
16        The appropriation for fiscal  year  2004  and  thereafter
17    shall  be  based upon the IDEA child count of all students in
18    the State, excluding students claimed under  Section  14-7.03
19    of  this  Code,  on  December  1  of  the fiscal year 2 years
20    preceding, multiplied by  21.5%  of  the  general  State  aid
21    foundation  level of support established for that fiscal year
22    under Section 18-8.05 of this Code.
23        Beginning  with  fiscal   year   2004   and   thereafter,
24    individual   school  districts  shall  not  receive  payments
25    totaling less than they received under the funding authorized
26    under Sections 14-7.02  and  14-7.02a  of  this  Code  during
27    fiscal  year  2003,  pursuant  to  the  provisions  of  those
28    Sections  as they were in effect before the effective date of
29    this amendatory Act of the 93rd General Assembly.  This  base
30    level funding shall be computed first.
31        An  amount  equal  to  85%  of the funds remaining in the
32    appropriation after subtracting the base level funding  shall
33    be  allocated  to  school districts based upon the district's
 
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 1    average daily attendance reported  for  purposes  of  Section
 2    18-8.05  of this Code for the preceding school year.  Fifteen
 3    percent of the funds remaining  in  the  appropriation  after
 4    subtracting  the  base  level  funding  shall be allocated to
 5    school  districts  based  upon  the  district's  low   income
 6    eligible pupil count used in the calculation of general State
 7    aid  under  Section  18-8.05 of this Code for the same fiscal
 8    year.   One  hundred  percent  of  the  funds  computed   and
 9    allocated   to   districts   under   this  Section  shall  be
10    distributed and paid to school districts.
11        For individual students with disabilities  whose  program
12    costs  exceed  4 times the district's per capita tuition rate
13    as calculated under Section 10-20.12a of this Code, districts
14    shall be paid by the  State  Board  of  Education  from  IDEA
15    discretionary funds.  The distribution of funds for high cost
16    students shall be in accordance with rules promulgated by the
17    State Board of Education.
18        The State Board of Education shall prepare vouchers equal
19    to  one-fourth  the  amount  allocated to districts and their
20    joint agreements, for transmittal to the State Comptroller on
21    the 30th day of September, December, and March, respectively,
22    and the final voucher, no later than June 20. The Comptroller
23    shall make  payments  pursuant  to  this  Section  to  school
24    districts  and  their  joint  agreements  as soon as possible
25    after receipt of vouchers. If the money appropriated from the
26    General  Assembly  for  such  purposes  for   any   year   is
27    insufficient,  it  shall  be  apportioned on the basis of the
28    payments due to school districts.
29        Nothing in this Section shall be construed to decrease or
30    increase the percentage of all special education  funds  that
31    are  allocated  annually  under Article 1D of this Code or to
32    alter the requirement that a school district provide  special
33    education services.
34        Nothing  in  this  amendatory  Act  of  the  93rd General
 
                            -14-     LRB093 07885 NHT 08075 b
 1    Assembly shall eliminate any reimbursement obligation owed as
 2    of the effective date of this  amendatory  Act  of  the  93rd
 3    General  Assembly  to  a  school  district  with in excess of
 4    500,000 inhabitants.

 5        (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
 6        Sec. 14-8.01. Supervision of special education  buildings
 7    and  facilities. All special educational facilities, building
 8    programs, housing, and all educational programs for the types
 9    of disabled children defined  in  Section  14-1.02  shall  be
10    under  the  supervision of and subject to the approval of the
11    State Board of Education.
12        All special education facilities, building programs,  and
13    housing  shall  comply  with  the building code authorized by
14    Section 2-3.12.
15        All educational programs for children  with  disabilities
16    as  defined  in  Section  14-1.02  administered  by any State
17    agency shall be under the general supervision  of  the  State
18    Board  of  Education.   Such  supervision shall be limited to
19    insuring  that  such  educational  programs  meet   standards
20    jointly  developed  and  agreed to by both the State Board of
21    Education and the operating State agency, including standards
22    for educational personnel.
23        Any State agency providing special  educational  programs
24    for  children with disabilities as defined in Section 14-1.02
25    shall promulgate  rules and regulations, in consultation with
26    the State Board of Education and  pursuant  to  the  Illinois
27    Administrative  Procedure Act as now or hereafter amended, to
28    insure that all such programs comply with  this  Section  and
29    Section 14-8.02.
30        No  otherwise  qualified disabled child receiving special
31    education and related services under Article 14 shall  solely
32    by  reason  of  his  or  her  disability be excluded from the
33    participation in or be denied the benefits of or be subjected
 
                            -15-     LRB093 07885 NHT 08075 b
 1    to discrimination under any program or activity provided by a
 2    State agency.
 3        State agencies providing special  education  and  related
 4    services,  including  room  and  board,  either  directly  or
 5    through  grants  or  purchases  of services shall continue to
 6    provide these services according to current law and practice.
 7    Room and board costs not provided by  a  State  agency  other
 8    than  the  State  Board of Education shall be provided by the
 9    State Board of Education to the extent  of  available  funds.
10    An  amount  equal to one-half of the State education agency's
11    share of IDEA PART B federal monies, or so  much  thereof  as
12    may actually be needed, shall annually be appropriated to pay
13    for  the additional costs of providing for room and board for
14    those children placed pursuant to  Section  14-7.02  of  this
15    Code  Act  and, after all such room and board costs are paid,
16    for similar expenditures  for  children  served  pursuant  to
17    Section  14-7.02  or  14-7.02a  of  this  Code  Act, based in
18    community  based  programs  that  serve  as  alternatives  to
19    residential placements.
20        Beginning with Fiscal Year 1997  and  continuing  through
21    Fiscal  Year  2000,  100%  of  the  former Chapter I, Section
22    89-313 federal funds shall be allocated by the State Board of
23    Education in the same manner as IDEA, PART B  "flow  through"
24    funding  to  local  school  districts,  joint agreements, and
25    special  education  cooperatives  for  the   maintenance   of
26    instructional  and  related support services to students with
27    disabilities. However, beginning with Fiscal Year  1998,  the
28    total  IDEA Part B discretionary funds available to the State
29    Board of Education shall not exceed the  maximum  permissible
30    under federal law or 20% of the total federal funds available
31    to  the  State,  whichever  is  less.   In  no case shall the
32    aggregate IDEA Part B discretionary  funds  received  by  the
33    State  Board  of  Education  exceed the amount of IDEA Part B
34    discretionary funds available to the State Board of Education
 
                            -16-     LRB093 07885 NHT 08075 b
 1    for Fiscal Year 1997,  excluding  any  carryover  funds  from
 2    prior  fiscal years, increased by 3% for Fiscal Year 1998 and
 3    increased  by  an  additional  3%  for   each   fiscal   year
 4    thereafter.   After  all  room and board payments and similar
 5    expenditures are made by the  State  Board  of  Education  as
 6    required  by  this  Section, the State Board of Education may
 7    use the remaining funds for administration and for  providing
 8    discretionary   activities.   However,  the  State  Board  of
 9    Education may use no more than 25% of its available IDEA Part
10    B discretionary funds for administrative services.
11        Special education and related services  included  in  the
12    child's  individualized  educational  program  which  are not
13    provided by another State agency shall  be  included  in  the
14    special  education and related services provided by the State
15    Board of Education and the local school district.
16        The State Board of  Education  with  the  advice  of  the
17    Advisory  Council  shall prescribe the standards and make the
18    necessary  rules  and  regulations  for   special   education
19    programs  administered  by local school boards, including but
20    not   limited   to   establishment   of   classes,   training
21    requirements of teachers and  other  professional  personnel,
22    eligibility  and  admission  of pupils, the curriculum, class
23    size limitation, building programs, housing,  transportation,
24    special   equipment   and  instructional  supplies,  and  the
25    applications for claims for reimbursement. The State Board of
26    Education shall promulgate rules and regulations  for  annual
27    evaluations  of  the  effectiveness  of all special education
28    programs and annual evaluation by the local  school  district
29    of  the individualized educational program for each child for
30    whom it provides special education services.
31        A school district is responsible  for  the  provision  of
32    educational  services  for  all  school age children residing
33    within its boundaries excluding any student placed under  the
34    provisions  of  Section 14-7.02 or any disabled student whose
 
                            -17-     LRB093 07885 NHT 08075 b
 1    parent or guardian lives outside of the State of Illinois  as
 2    described in Section 14-1.11.
 3    (Source: P.A.  89-397,  eff.  8-20-95;  89-622,  eff. 8-9-96;
 4    90-547, eff. 12-1-97.)

 5        (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
 6        Sec. 18-4.3.  Summer  school  grants.   Grants  shall  be
 7    determined  for  pupil attendance in summer schools conducted
 8    under Sections 10-22.33A and 34-18 and approved under Section
 9    2-3.25 in the following manner.
10        The amount of grant for  each  accredited  summer  school
11    attendance  pupil  shall  be  obtained  by dividing the total
12    amount of apportionments determined under Section 18-8.05  by
13    the  actual number of pupils in average daily attendance used
14    for such  apportionments.   The  number  of  credited  summer
15    school  attendance pupils shall be determined (a) by counting
16    clock hours of class instruction by pupils enrolled in grades
17    1 through 12 in approved courses conducted at least 60  clock
18    hours in summer sessions; (b) by dividing such total of clock
19    hours  of  class instruction by 4 to produce days of credited
20    pupil attendance; (c) by dividing such days of credited pupil
21    attendance by the actual number of days in the  regular  term
22    as  used  in  computation  in  the  general  apportionment in
23    Section 18-8.05; and (d) by multiplying by 1.25.
24        The amount of the  grant  for  a  summer  school  program
25    approved   by  the  State  Superintendent  of  Education  for
26    children with disabilities, as defined  in  Sections  14-1.02
27    through  14-1.07, shall be determined in the manner contained
28    above except that average daily membership shall be  utilized
29    in lieu of average daily attendance.
30        In  the  case  of an apportionment based on summer school
31    attendance or membership pupils, the claim therefor shall  be
32    presented  as a separate claim for the particular school year
33    in  which such summer school  session  ends.   On  or  before
 
                            -18-     LRB093 07885 NHT 08075 b
 1    November  1  of each year the superintendent of each eligible
 2    school district shall certify to the State Superintendent  of
 3    Education  the  claim  of the district for the summer session
 4    just ended.  Failure on the part of the school  board  to  so
 5    certify  shall  constitute  a forfeiture of its right to such
 6    payment.    The  State  Superintendent  of  Education   shall
 7    transmit  to  the  Comptroller no later than December 15th of
 8    each  year  vouchers  for  payment  of  amounts  due   school
 9    districts  for  summer  school.   The State Superintendent of
10    Education shall direct the Comptroller to draw  his  warrants
11    for  payments  thereof  by the 30th day of December.   If the
12    money appropriated by the General Assembly for  such  purpose
13    for  any year is insufficient, it shall be apportioned on the
14    basis of claims approved.
15        However, notwithstanding the  foregoing  provisions,  for
16    each  fiscal  year  the  money  appropriated  by  the General
17    Assembly for the purposes of this Section shall only be  used
18    for  grants  for  approved  summer  school programs for those
19    children  with  disabilities  served  pursuant   to   Section
20    Sections 14-7.02 and 14-7.02a of this the School Code.
21    (Source: P.A. 90-548, eff. 1-1-98; 91-764, eff. 6-9-00.)

22        (105 ILCS 5/14-7.02a rep.)
23        Section  10.  The  School  Code  is  amended by repealing
24    Section 14-7.02a.

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