99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3347

 

Introduced , by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-13.01  from Ch. 122, par. 14-13.01

    Amends the Children With Disabilities Article of the Education Code. Makes a technical change in the Section concerning reimbursement payable by the State.


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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
514-13.01 as follows:
 
6    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
7    Sec. 14-13.01. Reimbursement payable by State; amounts for
8personnel and transportation.
9    (a) For staff working on behalf of children who have not
10been identified as eligible for special education and and for
11eligible children with physical disabilities, including all
12eligible children whose placement has been determined under
13Section 14-8.02 in hospital or home instruction, 1/2 of the
14teacher's salary but not more than $1,000 annually per child or
15$9,000 per teacher, whichever is less. A child qualifies for
16home or hospital instruction if it is anticipated that, due to
17a medical condition, the child will be unable to attend school,
18and instead must be instructed at home or in the hospital, for
19a period of 2 or more consecutive weeks or on an ongoing
20intermittent basis. For purposes of this Section, "ongoing
21intermittent basis" means that the child's medical condition is
22of such a nature or severity that it is anticipated that the
23child will be absent from school due to the medical condition

 

 

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1for periods of at least 2 days at a time multiple times during
2the school year totaling at least 10 days or more of absences.
3There shall be no requirement that a child be absent from
4school a minimum number of days before the child qualifies for
5home or hospital instruction. In order to establish eligibility
6for home or hospital services, a student's parent or guardian
7must submit to the child's school district of residence a
8written statement from a physician licensed to practice
9medicine in all of its branches stating the existence of such
10medical condition, the impact on the child's ability to
11participate in education, and the anticipated duration or
12nature of the child's absence from school. Home or hospital
13instruction may commence upon receipt of a written physician's
14statement in accordance with this Section, but instruction
15shall commence not later than 5 school days after the school
16district receives the physician's statement. Special education
17and related services required by the child's IEP or services
18and accommodations required by the child's federal Section 504
19plan must be implemented as part of the child's home or
20hospital instruction, unless the IEP team or federal Section
21504 plan team determines that modifications are necessary
22during the home or hospital instruction due to the child's
23condition. Eligible children to be included in any
24reimbursement under this paragraph must regularly receive a
25minimum of one hour of instruction each school day, or in lieu
26thereof of a minimum of 5 hours of instruction in each school

 

 

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1week in order to qualify for full reimbursement under this
2Section. If the attending physician for such a child has
3certified that the child should not receive as many as 5 hours
4of instruction in a school week, however, reimbursement under
5this paragraph on account of that child shall be computed
6proportionate to the actual hours of instruction per week for
7that child divided by 5. The State Board of Education shall
8establish rules governing the required qualifications of staff
9providing home or hospital instruction.
10    (b) For children described in Section 14-1.02, 80% of the
11cost of transportation approved as a related service in the
12Individualized Education Program for each student in order to
13take advantage of special educational facilities.
14Transportation costs shall be determined in the same fashion as
15provided in Section 29-5. For purposes of this subsection (b),
16the dates for processing claims specified in Section 29-5 shall
17apply.
18    (c) For each qualified worker, the annual sum of $9,000.
19    (d) For one full time qualified director of the special
20education program of each school district which maintains a
21fully approved program of special education the annual sum of
22$9,000. Districts participating in a joint agreement special
23education program shall not receive such reimbursement if
24reimbursement is made for a director of the joint agreement
25program.
26    (e) (Blank).

 

 

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1    (f) (Blank).
2    (g) For readers, working with blind or partially seeing
3children 1/2 of their salary but not more than $400 annually
4per child. Readers may be employed to assist such children and
5shall not be required to be certified but prior to employment
6shall meet standards set up by the State Board of Education.
7    (h) For non-certified employees, as defined by rules
8promulgated by the State Board of Education, who deliver
9services to students with IEPs, 1/2 of the salary paid or
10$3,500 per employee, whichever is less.
11    The State Board of Education shall set standards and
12prescribe rules for determining the allocation of
13reimbursement under this section on less than a full time basis
14and for less than a school year.
15    When any school district eligible for reimbursement under
16this Section operates a school or program approved by the State
17Superintendent of Education for a number of days in excess of
18the adopted school calendar but not to exceed 235 school days,
19such reimbursement shall be increased by 1/180 of the amount or
20rate paid hereunder for each day such school is operated in
21excess of 180 days per calendar year.
22    Notwithstanding any other provision of law, any school
23district receiving a payment under this Section or under
24Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
25all or a portion of the funds that it receives in a particular
26fiscal year or from general State aid pursuant to Section

 

 

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118-8.05 of this Code as funds received in connection with any
2funding program for which it is entitled to receive funds from
3the State in that fiscal year (including, without limitation,
4any funding program referenced in this Section), regardless of
5the source or timing of the receipt. The district may not
6classify more funds as funds received in connection with the
7funding program than the district is entitled to receive in
8that fiscal year for that program. Any classification by a
9district must be made by a resolution of its board of
10education. The resolution must identify the amount of any
11payments or general State aid to be classified under this
12paragraph and must specify the funding program to which the
13funds are to be treated as received in connection therewith.
14This resolution is controlling as to the classification of
15funds referenced therein. A certified copy of the resolution
16must be sent to the State Superintendent of Education. The
17resolution shall still take effect even though a copy of the
18resolution has not been sent to the State Superintendent of
19Education in a timely manner. No classification under this
20paragraph by a district shall affect the total amount or timing
21of money the district is entitled to receive under this Code.
22No classification under this paragraph by a district shall in
23any way relieve the district from or affect any requirements
24that otherwise would apply with respect to that funding
25program, including any accounting of funds by source, reporting
26expenditures by original source and purpose, reporting

 

 

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1requirements, or requirements of providing services.
2(Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)