SB3554 EnrolledLRB098 18059 NHT 55671 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 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 also consist
12of one non-voting member who is an administrator of a private,
13nonpublic, special education school. The Review Board shall
14establish rules and regulations for its determination of
15allowable costs and payments made by local school districts for
16special education, room and board, and other related services
17provided by non-public schools or special education facilities
18and shall establish uniform standards and criteria which it
19shall follow.
20    The Review Board shall establish uniform definitions and
21criteria for accounting separately by special education, room
22and board and other related services costs. The Board shall
23also establish guidelines for the coordination of services and
24financial assistance provided by all State agencies to assure
25that no otherwise qualified disabled child receiving services
26under Article 14 shall be excluded from participation in, be

 

 

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1denied the benefits of or be subjected to discrimination under
2any program or activity provided by any State agency.
3    The Review Board shall review the costs for special
4education and related services provided by non-public schools
5or special education facilities and shall approve or disapprove
6such facilities in accordance with the rules and regulations
7established by it with respect to allowable costs.
8    The State Board of Education shall provide administrative
9and staff support for the Review Board as deemed reasonable by
10the State Superintendent of Education. This support shall not
11include travel expenses or other compensation for any Review
12Board member other than the State Superintendent of Education.
13    The Review Board shall seek the advice of the Advisory
14Council on Education of Children with Disabilities on the rules
15and regulations to be promulgated by it relative to providing
16special education services.
17    If a child has been placed in a program in which the actual
18per pupil costs of tuition for special education and related
19services based on program enrollment, excluding room, board and
20transportation costs, exceed $4,500 and such costs have been
21approved by the Review Board, the district shall pay such total
22costs which exceed $4,500. A district making such tuition
23payments in excess of $4,500 pursuant to this Section shall be
24responsible for an amount in excess of $4,500 equal to the
25district per capita tuition charge and shall be eligible for
26reimbursement from the State for the amount of such payments

 

 

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1actually made in excess of the districts per capita tuition
2charge for students not receiving special education services.
3    If a child has been placed in an approved individual
4program and the tuition costs including room and board costs
5have been approved by the Review Board, then such room and
6board costs shall be paid by the appropriate State agency
7subject to the provisions of Section 14-8.01 of this Act. Room
8and board costs not provided by a State agency other than the
9State Board of Education shall be provided by the State Board
10of Education on a current basis. In no event, however, shall
11the State's liability for funding of these tuition costs begin
12until after the legal obligations of third party payors have
13been subtracted from such costs. If the money appropriated by
14the General Assembly for such purpose for any year is
15insufficient, it shall be apportioned on the basis of the
16claims approved. Each district shall submit estimated claims to
17the State Superintendent of Education. Upon approval of such
18claims, the State Superintendent of Education shall direct the
19State Comptroller to make payments on a monthly basis. The
20frequency for submitting estimated claims and the method of
21determining payment shall be prescribed in rules and
22regulations adopted by the State Board of Education. Such
23current state reimbursement shall be reduced by an amount equal
24to the proceeds which the child or child's parents are eligible
25to receive under any public or private insurance or assistance
26program. Nothing in this Section shall be construed as

 

 

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1relieving an insurer or similar third party from an otherwise
2valid obligation to provide or to pay for services provided to
3a disabled child.
4    If it otherwise qualifies, a school district is eligible
5for the transportation reimbursement under Section 14-13.01
6and for the reimbursement of tuition payments under this
7Section whether the non-public school or special education
8facility, public out-of-state school or county special
9education facility, attended by a child who resides in that
10district and requires special educational services, is within
11or outside of the State of Illinois. However, a district is not
12eligible to claim transportation reimbursement under this
13Section unless the district certifies to the State
14Superintendent of Education that the district is unable to
15provide special educational services required by the child for
16the current school year.
17    Nothing in this Section authorizes the reimbursement of a
18school district for the amount paid for tuition of a child
19attending a non-public school or special education facility,
20public out-of-state school or county special education
21facility unless the school district certifies to the State
22Superintendent of Education that the special education program
23of that district is unable to meet the needs of that child
24because of his disability and the State Superintendent of
25Education finds that the school district is in substantial
26compliance with Section 14-4.01. However, if a child is

 

 

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1unilaterally placed by a State agency or any court in a
2non-public school or special education facility, public
3out-of-state school, or county special education facility, a
4school district shall not be required to certify to the State
5Superintendent of Education, for the purpose of tuition
6reimbursement, that the special education program of that
7district is unable to meet the needs of a child because of his
8or her disability.
9    Any educational or related services provided, pursuant to
10this Section in a non-public school or special education
11facility or a special education facility owned and operated by
12a county government unit shall be at no cost to the parent or
13guardian of the child. However, current law and practices
14relative to contributions by parents or guardians for costs
15other than educational or related services are not affected by
16this amendatory Act of 1978.
17    Reimbursement for children attending public school
18residential facilities shall be made in accordance with the
19provisions of this Section.
20    Notwithstanding any other provision of law, any school
21district receiving a payment under this Section or under
22Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
23all or a portion of the funds that it receives in a particular
24fiscal year or from general State aid pursuant to Section
2518-8.05 of this Code as funds received in connection with any
26funding program for which it is entitled to receive funds from

 

 

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1the State in that fiscal year (including, without limitation,
2any funding program referenced in this Section), regardless of
3the source or timing of the receipt. The district may not
4classify more funds as funds received in connection with the
5funding program than the district is entitled to receive in
6that fiscal year for that program. Any classification by a
7district must be made by a resolution of its board of
8education. The resolution must identify the amount of any
9payments or general State aid to be classified under this
10paragraph and must specify the funding program to which the
11funds are to be treated as received in connection therewith.
12This resolution is controlling as to the classification of
13funds referenced therein. A certified copy of the resolution
14must be sent to the State Superintendent of Education. The
15resolution shall still take effect even though a copy of the
16resolution has not been sent to the State Superintendent of
17Education in a timely manner. No classification under this
18paragraph by a district shall affect the total amount or timing
19of money the district is entitled to receive under this Code.
20No classification under this paragraph by a district shall in
21any way relieve the district from or affect any requirements
22that otherwise would apply with respect to that funding
23program, including any accounting of funds by source, reporting
24expenditures by original source and purpose, reporting
25requirements, or requirements of providing services.
26(Source: P.A. 93-1022, eff. 8-24-04; 94-177, eff. 7-12-05.)