093_HB2288

 
                                     LRB093 07893 NHT 08083 b

 1        AN ACT concerning education.

 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    Section 14-7.03 as follows:

 6        (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
 7        Sec. 14-7.03. Special Education Classes for Children from
 8    Orphanages, Foster Family  Homes,  Children's  Homes,  or  in
 9    State  Housing Units.  If a school district maintains special
10    education classes on the site of  orphanages  and  children's
11    homes,  or if children from the orphanages, children's homes,
12    foster  family  homes,  other  State   agencies,   or   State
13    residential  units  for  children attend classes for children
14    with  disabilities  in  which  the  school  district   is   a
15    participating member of a joint agreement, or if the children
16    from  the  orphanages, children's homes, foster family homes,
17    other State  agencies,  or  State  residential  units  attend
18    classes  for the children with disabilities maintained by the
19    school district, then reimbursement shall be paid to eligible
20    districts in accordance with the provisions of  this  Section
21    by the Comptroller as directed by the State Superintendent of
22    Education.
23        The   amount  of  tuition  for  such  children  shall  be
24    determined by the actual cost of  maintaining  such  classes,
25    using  the  per  capita  cost  formula  set  forth in Section
26    14-7.01, such program and cost  to  be  pre-approved  by  the
27    State Superintendent of Education.
28        On   forms   prepared  by  the  State  Superintendent  of
29    Education,  the  district  shall  certify  to  the   regional
30    superintendent the following:
31             (1)  The  name of the home or State residential unit
 
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 1        with the name of the owner or proprietor and  address  of
 2        those maintaining it;
 3             (2)  That  no  service  charges  or  other  payments
 4        authorized  by  law  were  collected  in  lieu  of  taxes
 5        therefrom  or  on  account  thereof  during either of the
 6        calendar years included in  the  school  year  for  which
 7        claim is being made;
 8             (3)  The  number  of  children qualifying under this
 9        Act in special education classes for instruction  on  the
10        site of the orphanages and children's homes;
11             (4)  The   number   of  children  attending  special
12        education classes for children with disabilities in which
13        the district is  a  participating  member  of  a  special
14        education joint agreement;
15             (5)  The   number   of  children  attending  special
16        education  classes   for   children   with   disabilities
17        maintained by the district;
18             (6)  The  computed amount of tuition payment claimed
19        as due,  as  approved  by  the  State  Superintendent  of
20        Education, for maintaining these classes.
21        If  a  school  district  makes  a claim for reimbursement
22    under Section 18-3 or 18-4 of this Act it shall  not  include
23    in  any  claim  filed  under  this  Section  a claim for such
24    children.  Payments authorized by  law,  including  State  or
25    federal  grants  for  education  of children included in this
26    Section, shall be deducted in determining the tuition amount.
27        Nothing in this Act shall be construed so as to  prohibit
28    reimbursement  for  the  tuition  of  children  placed in for
29    profit facilities.  Private facilities shall provide adequate
30    space at the facility for special education classes  provided
31    by  a  school  district  or joint agreement for children with
32    disabilities who are residents of the facility at no cost  to
33    the  school  district  or joint agreement upon request of the
34    school district  or  joint  agreement.   If  such  a  private
 
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 1    facility  provides  space at no cost to the district or joint
 2    agreement for special education classes provided to  children
 3    with  disabilities  who  are  residents  of the facility, the
 4    district or joint agreement shall not include any  costs  for
 5    the use of those facilities in its claim for reimbursement.
 6        Reimbursement   for  tuition  may  include  the  cost  of
 7    providing summer school programs for children with severe and
 8    profound disabilities served under this Section.  Claims  for
 9    that  reimbursement shall be filed by November 1 and shall be
10    paid on or before December 15 from  appropriations  made  for
11    the purposes of this Section.
12        The  State  Board of Education shall establish such rules
13    and  regulations  as  may  be  necessary  to  implement   the
14    provisions of this Section.
15        Claims  filed  on  behalf of programs operated under this
16    Section housed in a jail, detention center,  or  county-owned
17    shelter care facility shall be on an individual student basis
18    only  for  eligible students with disabilities.  These claims
19    shall be in accordance with applicable rules.
20        Each  district  claiming  reimbursement  for  a   program
21    operated  as a group program shall have an approved budget on
22    file  with  the  State  Board  of  Education  prior  to   the
23    initiation  of  the  program's  operation.   On September 30,
24    December 31, and March 31, the State Board of Education shall
25    voucher payments to group programs based  upon  the  approved
26    budget  during the year of operation.  Final claims for group
27    payments shall be filed on or before July 15.   Final  claims
28    for  group  programs received at the State Board of Education
29    on or before June 15 shall be vouchered by  June  30.   Final
30    claims  received at the State Board of Education between June
31    16 and July 15 shall be vouchered by August 30.   Claims  for
32    group programs received after July 15 shall not be honored.
33        Each   district  claiming  reimbursement  for  individual
34    students  shall  have  the  eligibility  of  those   students
 
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 1    verified  by  the State Board of Education.  On September 30,
 2    December 31, and March 31, the State Board of Education shall
 3    voucher  payments  for  individual  students  based  upon  an
 4    estimated cost calculated from the prior year's claim.  Final
 5    claims for individual students for the  regular  school  term
 6    must  be received at the State Board of Education by July 15.
 7    Claims for individual students received after July  15  shall
 8    not be honored. Final claims for individual students shall be
 9    vouchered by August 30.
10        Reimbursement  shall  be  made  based upon approved group
11    programs or individual students.  The State Superintendent of
12    Education shall direct the Comptroller  to  pay  a  specified
13    amount  to  the  district  by  the  30th  day  of  September,
14    December,  March,  June,  or  August, respectively.  However,
15    notwithstanding any other provisions of this Section  or  the
16    School  Code, beginning with fiscal year 1994 and each fiscal
17    year thereafter through  fiscal  year  2002,  if  the  amount
18    appropriated  for  any  fiscal  year  is less than the amount
19    required for purposes of this Section, the amount required to
20    eliminate any insufficient reimbursement  for  each  district
21    claim  under this Section shall be reimbursed on August 30 of
22    the next fiscal year., and the Payments required to eliminate
23    any insufficiency for prior fiscal year claims shall be  made
24    before  any  claims  are  paid  for  the current fiscal year.
25    Notwithstanding any other provision of this Section  or  this
26    Code,  beginning  with  fiscal year 2003, total reimbursement
27    under this Section in any  fiscal  year  is  limited  to  the
28    amount  appropriated  for  that purpose for that fiscal year,
29    and if the amount appropriated for any fiscal  year  is  less
30    than  the  amount  required for purposes of this Section, the
31    insufficiency shall be apportioned pro rata among the  school
32    districts seeking reimbursement.
33        The  claim  of a school district otherwise eligible to be
34    reimbursed  in  accordance  with  Section  14-12.01  for  the
 
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 1    1976-77 school year but for this amendatory Act of 1977 shall
 2    not be paid unless  the  district  ceases  to  maintain  such
 3    classes for one entire school year.
 4        If  a school district's current reimbursement payment for
 5    the 1977-78 school year only is less than  the  prior  year's
 6    reimbursement  payment  owed,  the district shall be paid the
 7    amount of the difference between the payments in addition  to
 8    the  current  reimbursement  payment,  and the amount so paid
 9    shall  be  subtracted  from  the  amount  of   prior   year's
10    reimbursement payment owed to the district.
11        Regional  superintendents  may  operate special education
12    classes for children from orphanages,  foster  family  homes,
13    children's  homes  or  State housing units located within the
14    educational services region upon consent of the school  board
15    otherwise so obligated.  In electing to assume the powers and
16    duties of a school district in providing and maintaining such
17    a  special education program, the regional superintendent may
18    enter into joint agreements  with  other  districts  and  may
19    contract  with  public  or  private schools or the orphanage,
20    foster family home, children's home or State housing unit for
21    provision of the  special  education  program.  The  regional
22    superintendent  exercising  the  powers  granted  under  this
23    Section  shall  claim  the  reimbursement  authorized by this
24    Section directly from the State Board of Education.
25        Any child who is not a resident of Illinois who is placed
26    in a child  welfare  institution,  private  facility,  foster
27    family  home, State operated program, orphanage or children's
28    home shall have the payment for his educational  tuition  and
29    any related services assured by the placing agent.
30        Commencing July 1, 1992, for each disabled student who is
31    placed residentially by a State agency or the courts for care
32    or  custody  or  both  care  and custody, welfare, medical or
33    mental health treatment or both  medical  and  mental  health
34    treatment,  rehabilitation,  and  protection,  whether placed
 
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 1    there on, before, or  after  July  1,  1992,  the  costs  for
 2    educating  the  student  are eligible for reimbursement under
 3    this Section  providing  the  placing  agency  or  court  has
 4    notified  the  appropriate school district authorities of the
 5    status of student residency where applicable prior to or upon
 6    placement.
 7        The district of residence of  the  parent,  guardian,  or
 8    disabled  student as defined in Sections 14-1.11 and 14-1.11a
 9    is responsible for the actual costs of the student's  special
10    education  program  and  is  eligible for reimbursement under
11    this Section when placement is made by a State agency or  the
12    courts.  Payments  shall  be made by the resident district to
13    the district wherein the facility is  located  no  less  than
14    once per quarter unless otherwise agreed to in writing by the
15    parties.
16        When  a  dispute  arises  over  the  determination of the
17    district of residence, the district or districts  may  appeal
18    the  decision  in  writing  to  the  State  Superintendent of
19    Education.  The  decision  of  the  State  Superintendent  of
20    Education shall be final.
21        In  the  event a district does not make a tuition payment
22    to another district that is providing the  special  education
23    program  and  services,  the  State  Board of Education shall
24    immediately  withhold  125%  of  the  then  remaining  annual
25    tuition cost from the State aid or  categorical  aid  payment
26    due  to  the  school  district  that  is determined to be the
27    resident school district.  All funds withheld  by  the  State
28    Board  of  Education  shall  immediately  be forwarded to the
29    school district where the student is being served.
30        When a child eligible for  services  under  this  Section
31    14-7.03 must be placed in a nonpublic facility, that facility
32    shall  meet  the programmatic requirements of Section 14-7.02
33    and its regulations, and the educational  services  shall  be
34    funded only in accordance with this Section 14-7.03.
 
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 1    (Source: P.A. 92-597, eff. 7-1-02; 92-877, eff. 1-7-03.)

 2        Section  99.   Effective  date.  This Act takes effect on
 3    July 1, 2003.