98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2945

 

Introduced 2/4/2014, by Sen. Don Harmon

 

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. Requires the Illinois Purchased Care Review Board to approve the usual and customary rate or rates of a special education program that (i) is offered by an out-of-state, non-public provider of integrated autism specific educational and autism specific residential services, (ii) offers 2 or more levels of residential care, including at least one locked facility, and (iii) serves 12 or fewer Illinois students. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 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 and
19is in compliance with the appropriate rules and regulations of
20the State Superintendent of Education, the school district in
21which the child is a resident shall pay the actual cost of
22tuition for special education and related services provided
23during the regular school term and during the summer school

 

 

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

 

 

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1rules 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 district
5per capita tuition charge for students not receiving special
6education services. Such reimbursement shall be approved in
7accordance with Section 14-12.01 and each district shall file
8its claims, computed in accordance with rules prescribed by the
9State Board of Education, on forms prescribed by the State
10Superintendent of Education. Data used as a basis of
11reimbursement claims shall be for the preceding regular school
12term and summer school term. Each school district shall
13transmit its claims to the State Board of Education on or
14before August 15. The State Board of Education, before
15approving any such claims, shall determine their accuracy and
16whether they are based upon services and facilities provided
17under approved programs. Upon approval the State Board shall
18cause vouchers to be prepared showing the amount due for
19payment of reimbursement claims to school districts, for
20transmittal to the State Comptroller on the 30th day of
21September, December, and March, respectively, and the final
22voucher, no later than June 20. If the money appropriated by
23the General Assembly for such purpose for any year is
24insufficient, it shall be apportioned on the basis of the
25claims 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 Services,
8Public Health, Public Aid, and the Governor's Office of
9Management 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 establish
12rules and regulations for its determination of allowable costs
13and payments made by local school districts for special
14education, room and board, and other related services provided
15by non-public schools or special education facilities and shall
16establish uniform standards and criteria which it shall follow.
17The Review Board shall approve the usual and customary rate or
18rates of a special education program that (i) is offered by an
19out-of-state, non-public provider of integrated autism
20specific educational and autism specific residential services,
21(ii) offers 2 or more levels of residential care, including at
22least one locked facility, and (iii) serves 12 or fewer
23Illinois students.
24    The Review Board shall establish uniform definitions and
25criteria for accounting separately by special education, room
26and board and other related services costs. The Board shall

 

 

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1also establish guidelines for the coordination of services and
2financial assistance provided by all State agencies to assure
3that no otherwise qualified disabled child receiving services
4under Article 14 shall be excluded from participation in, be
5denied the benefits of or be subjected to discrimination under
6any program or activity provided by any State agency.
7    The Review Board shall review the costs for special
8education and related services provided by non-public schools
9or special education facilities and shall approve or disapprove
10such facilities in accordance with the rules and regulations
11established by it with respect to allowable costs.
12    The State Board of Education shall provide administrative
13and staff support for the Review Board as deemed reasonable by
14the State Superintendent of Education. This support shall not
15include travel expenses or other compensation for any Review
16Board member other than the State Superintendent of Education.
17    The Review Board shall seek the advice of the Advisory
18Council on Education of Children with Disabilities on the rules
19and regulations to be promulgated by it relative to providing
20special education services.
21    If a child has been placed in a program in which the actual
22per pupil costs of tuition for special education and related
23services based on program enrollment, excluding room, board and
24transportation costs, exceed $4,500 and such costs have been
25approved by the Review Board, the district shall pay such total
26costs which exceed $4,500. A district making such tuition

 

 

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1payments in excess of $4,500 pursuant to this Section shall be
2responsible for an amount in excess of $4,500 equal to the
3district per capita tuition charge and shall be eligible for
4reimbursement from the State for the amount of such payments
5actually made in excess of the districts per capita tuition
6charge for students not receiving special education services.
7    If a child has been placed in an approved individual
8program and the tuition costs including room and board costs
9have been approved by the Review Board, then such room and
10board costs shall be paid by the appropriate State agency
11subject to the provisions of Section 14-8.01 of this Act. Room
12and board costs not provided by a State agency other than the
13State Board of Education shall be provided by the State Board
14of Education on a current basis. In no event, however, shall
15the State's liability for funding of these tuition costs begin
16until after the legal obligations of third party payors have
17been subtracted from such costs. If the money appropriated by
18the General Assembly for such purpose for any year is
19insufficient, it shall be apportioned on the basis of the
20claims approved. Each district shall submit estimated claims to
21the State Superintendent of Education. Upon approval of such
22claims, the State Superintendent of Education shall direct the
23State Comptroller to make payments on a monthly basis. The
24frequency for submitting estimated claims and the method of
25determining payment shall be prescribed in rules and
26regulations adopted by the State Board of Education. Such

 

 

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1current state reimbursement shall be reduced by an amount equal
2to the proceeds which the child or child's parents are eligible
3to receive under any public or private insurance or assistance
4program. Nothing in this Section shall be construed as
5relieving an insurer or similar third party from an otherwise
6valid obligation to provide or to pay for services provided to
7a disabled child.
8    If it otherwise qualifies, a school district is eligible
9for the transportation reimbursement under Section 14-13.01
10and for the reimbursement of tuition payments under this
11Section whether the non-public school or special education
12facility, public out-of-state school or county special
13education facility, attended by a child who resides in that
14district and requires special educational services, is within
15or outside of the State of Illinois. However, a district is not
16eligible to claim transportation reimbursement under this
17Section unless the district certifies to the State
18Superintendent of Education that the district is unable to
19provide special educational services required by the child for
20the current school year.
21    Nothing in this Section authorizes the reimbursement of a
22school district for the amount paid for tuition of a child
23attending a non-public school or special education facility,
24public out-of-state school or county special education
25facility unless the school district certifies to the State
26Superintendent of Education that the special education program

 

 

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1of that district is unable to meet the needs of that child
2because of his disability and the State Superintendent of
3Education finds that the school district is in substantial
4compliance with Section 14-4.01. However, if a child is
5unilaterally placed by a State agency or any court in a
6non-public school or special education facility, public
7out-of-state school, or county special education facility, a
8school district shall not be required to certify to the State
9Superintendent of Education, for the purpose of tuition
10reimbursement, that the special education program of that
11district is unable to meet the needs of a child because of his
12or her disability.
13    Any educational or related services provided, pursuant to
14this Section in a non-public school or special education
15facility or a special education facility owned and operated by
16a county government unit shall be at no cost to the parent or
17guardian of the child. However, current law and practices
18relative to contributions by parents or guardians for costs
19other than educational or related services are not affected by
20this amendatory Act of 1978.
21    Reimbursement for children attending public school
22residential facilities shall be made in accordance with the
23provisions of this Section.
24    Notwithstanding any other provision of law, any school
25district receiving a payment under this Section or under
26Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify

 

 

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1all or a portion of the funds that it receives in a particular
2fiscal year or from general State aid pursuant to Section
318-8.05 of this Code as funds received in connection with any
4funding program for which it is entitled to receive funds from
5the State in that fiscal year (including, without limitation,
6any funding program referenced in this Section), regardless of
7the source or timing of the receipt. The district may not
8classify more funds as funds received in connection with the
9funding program than the district is entitled to receive in
10that fiscal year for that program. Any classification by a
11district must be made by a resolution of its board of
12education. The resolution must identify the amount of any
13payments or general State aid to be classified under this
14paragraph and must specify the funding program to which the
15funds are to be treated as received in connection therewith.
16This resolution is controlling as to the classification of
17funds referenced therein. A certified copy of the resolution
18must be sent to the State Superintendent of Education. The
19resolution shall still take effect even though a copy of the
20resolution has not been sent to the State Superintendent of
21Education in a timely manner. No classification under this
22paragraph by a district shall affect the total amount or timing
23of money the district is entitled to receive under this Code.
24No classification under this paragraph by a district shall in
25any way relieve the district from or affect any requirements
26that otherwise would apply with respect to that funding

 

 

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1program, including any accounting of funds by source, reporting
2expenditures by original source and purpose, reporting
3requirements, or requirements of providing services.
4(Source: P.A. 93-1022, eff. 8-24-04; 94-177, eff. 7-12-05.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.