Full Text of SB1757 101st General Assembly
SB1757 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1757 Introduced 2/15/2019, by Sen. Jennifer Bertino-Tarrant SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/14-7.02 | from Ch. 122, par. 14-7.02 | 105 ILCS 5/14-7.02b | | 105 ILCS 5/14-8.01 | from Ch. 122, par. 14-8.01 |
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Amends the Children with Disabilities Article of the School Code. Provides after June 30, 2024, no payments may be made by a school district for amounts in excess of $4,500 for children who have been placed in a program in which the actual per pupil costs
of tuition for special education and related services based on program
enrollment exceed $4,500. With regard to funding for children requiring special education services, provides that for individual students with disabilities whose program costs exceed 2 (rather than 4) times the district's per capita tuition rate, the costs in excess of 2 (rather than 4) times the district's per capita rate must be paid by the State Board of Education from funds made available under a provision in the Code regarding special education facilities (rather than from unexpended IDEA discretionary funds). With regard to the supervision of special education buildings and
facilities, provides that beginning with Fiscal Year 2020 through Fiscal Year 2025, the State must fund all necessary expenses related to educating children with excess costs who attend certain public schools and for Fiscal Year 2026 and each fiscal year thereafter, all costs in excess of 2 times a district's per capita tuition charge for educating children who attend certain schools and programs must be reimbursed by the State. Effective July 1, 2019.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 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 Sections | 5 | | 14-7.02, 14-7.02b, and 14-8.01 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
| 8 | | out-of-state schools, public school residential facilities or | 9 | | private
special education facilities. The General Assembly | 10 | | recognizes that non-public
schools or special education | 11 | | facilities provide an important service in the
educational | 12 | | system in Illinois.
| 13 | | If because of his or her disability the special education
| 14 | | program of a district is unable to meet the needs of a child | 15 | | and the
child attends a non-public school or special education | 16 | | facility, a
public out-of-state school or a special education | 17 | | facility owned and
operated by a county government unit that | 18 | | provides special educational
services required by the child and | 19 | | is in compliance with the appropriate
rules and regulations of | 20 | | the State Superintendent of Education, the
school district in | 21 | | which the child is a resident shall pay the actual
cost of | 22 | | tuition for special education and related services provided
| 23 | | during the regular school term and during the summer school |
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| 1 | | term if the
child's educational needs so require, excluding | 2 | | room, board and
transportation costs charged the child by that | 3 | | non-public school or
special education facility, public | 4 | | out-of-state school or county special
education facility, or | 5 | | $4,500 per year, whichever is less, and shall
provide him any | 6 | | necessary transportation. "Nonpublic special
education | 7 | | facility" shall include a residential facility,
within or | 8 | | without the State of Illinois, which provides
special education | 9 | | and related services to meet the needs of the child by
| 10 | | utilizing private schools or public schools, whether located on | 11 | | the site
or off the site of the residential facility.
| 12 | | The State Board of Education shall promulgate rules and | 13 | | regulations
for determining when placement in a private special | 14 | | education facility
is appropriate. Such rules and regulations | 15 | | shall take into account
the various types of services needed by | 16 | | a child and the availability
of such services to the particular | 17 | | child in the public school.
In developing these rules and | 18 | | regulations the State Board of
Education shall consult with the | 19 | | Advisory Council on
Education of Children with Disabilities and | 20 | | hold public
hearings to secure recommendations from parents, | 21 | | school personnel,
and others concerned about this matter.
| 22 | | The State Board of Education shall also promulgate rules | 23 | | and
regulations for transportation to and from a residential | 24 | | school.
Transportation to and from home to a residential school | 25 | | more than once
each school term shall be subject to prior | 26 | | approval by the State
Superintendent in accordance with the |
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| 1 | | rules and regulations of the State
Board.
| 2 | | A school district making tuition payments pursuant to this
| 3 | | Section is eligible for reimbursement from the State for the | 4 | | amount of
such payments actually made in excess of the district | 5 | | per capita tuition
charge for students not receiving special | 6 | | education services.
Such reimbursement shall be approved in | 7 | | accordance with Section 14-12.01
and each district shall file | 8 | | its claims, computed in accordance with rules
prescribed by the | 9 | | State Board of Education, on forms prescribed by the
State | 10 | | Superintendent of Education. Data used as a basis of | 11 | | reimbursement
claims shall be for the preceding regular school | 12 | | term and summer school
term. Each school district shall | 13 | | transmit its claims to the State Board of Education
on or | 14 | | before
August 15. The State Board of Education, before | 15 | | approving any such claims,
shall determine their accuracy and | 16 | | whether they are based upon services
and facilities provided | 17 | | under approved programs. Upon approval the State
Board shall | 18 | | cause vouchers to be prepared showing the amount due
for | 19 | | payment of reimbursement claims to school
districts, for | 20 | | transmittal to the State Comptroller on
the 30th day of | 21 | | September, December, and March, respectively, and the final
| 22 | | voucher, no later than June 20. If the
money appropriated by | 23 | | the General Assembly for such purpose for any year
is | 24 | | insufficient, it shall be apportioned on the basis of the | 25 | | claims approved.
| 26 | | No child shall be placed in a special education program |
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| 1 | | pursuant to
this Section if the tuition cost for special | 2 | | education and related
services increases more than 10 percent | 3 | | over the tuition cost for the
previous school year or exceeds | 4 | | $4,500 per year unless such costs have
been approved by the | 5 | | Illinois Purchased Care Review Board. The
Illinois Purchased | 6 | | Care Review Board shall consist of the following
persons, or | 7 | | their designees: the Directors of Children and Family
Services, | 8 | | Public Health,
Public Aid, and the
Governor's Office of | 9 | | Management and Budget; the
Secretary of Human Services; the | 10 | | State Superintendent of Education; and such
other persons as | 11 | | the
Governor may designate. The Review Board shall also consist | 12 | | of one non-voting member who is an administrator of a
private, | 13 | | nonpublic, special education school. The Review Board shall | 14 | | establish rules and
regulations for its determination of | 15 | | allowable costs and payments made by
local school districts for | 16 | | special education, room and board, and other related
services | 17 | | provided by non-public schools or special education facilities | 18 | | and
shall establish uniform standards and criteria which it | 19 | | shall follow. The Review Board shall approve the usual and | 20 | | customary rate or rates of a special education program that (i) | 21 | | is offered by an out-of-state, non-public provider of | 22 | | integrated autism specific educational and autism specific | 23 | | residential services, (ii) offers 2 or more levels of | 24 | | residential care, including at least one locked facility, and | 25 | | (iii) serves 12 or fewer Illinois students. | 26 | | In determining rates based on allowable costs, the Review |
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| 1 | | Board shall consider any wage increases awarded by the General | 2 | | Assembly to front line personnel defined as direct support | 3 | | persons, aides, front-line supervisors, qualified intellectual | 4 | | disabilities professionals, nurses, and non-administrative | 5 | | support staff working in service settings in community-based | 6 | | settings within the State and adjust customary rates or rates | 7 | | of a special education program to be equitable to the wage | 8 | | increase awarded to similar staff positions in a community | 9 | | residential setting. Any wage increase awarded by the General | 10 | | Assembly to front line personnel defined as direct support | 11 | | persons, aides, front-line supervisors, qualified intellectual | 12 | | disabilities professionals, nurses, and non-administrative | 13 | | support staff working in community-based settings within the | 14 | | State shall also be a basis for any facility covered by this | 15 | | Section to appeal its rate before the Review Board under the | 16 | | process defined in Title 89, Part 900, Section 340 of the | 17 | | Illinois Administrative Code. Illinois Administrative Code | 18 | | Title 89, Part 900, Section 342 shall be updated to recognize | 19 | | wage increases awarded to community-based settings to be a | 20 | | basis for appeal.
| 21 | | The Review Board shall establish uniform definitions and | 22 | | criteria for
accounting separately by special education, room | 23 | | and board and other
related services costs. The Board shall | 24 | | also establish guidelines for
the coordination of services and | 25 | | financial assistance provided by all
State agencies to assure | 26 | | that no otherwise qualified child with a disability
receiving |
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| 1 | | services under Article 14 shall be excluded from participation
| 2 | | in, be denied the benefits of or be subjected to discrimination | 3 | | under
any program or activity provided by any State agency.
| 4 | | The Review Board shall review the costs for special | 5 | | education and
related services provided by non-public schools | 6 | | or special education
facilities and shall approve or disapprove | 7 | | such facilities in accordance
with the rules and regulations | 8 | | established by it with respect to
allowable costs.
| 9 | | The State Board of Education shall provide administrative | 10 | | and staff support
for the Review Board as deemed reasonable by | 11 | | the State Superintendent of
Education. This support shall not | 12 | | include travel expenses or other
compensation for any Review | 13 | | Board member other than the State Superintendent of
Education.
| 14 | | The Review Board shall seek the advice of the Advisory | 15 | | Council on
Education of Children with Disabilities on the rules | 16 | | and
regulations to be
promulgated by it relative to providing | 17 | | special education services.
| 18 | | If a child has been placed in a program in which the actual | 19 | | per pupil costs
of tuition for special education and related | 20 | | services based on program
enrollment, excluding room, board and | 21 | | transportation costs, exceed $4,500 and
such costs have been | 22 | | approved by the Review Board, the district shall pay such
total | 23 | | costs which exceed $4,500. A district making such tuition | 24 | | payments in
excess of $4,500 pursuant to this Section shall be | 25 | | responsible for an amount in
excess of $4,500 equal to the | 26 | | district per capita
tuition charge and shall be eligible for |
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| 1 | | reimbursement from the State for
the amount of such payments | 2 | | actually made in excess of the districts per capita
tuition | 3 | | charge for students not receiving special education services. | 4 | | However, no payments may be made by a school district for these | 5 | | purposes after June 30, 2024.
| 6 | | If a child has been placed in an approved individual | 7 | | program and the
tuition costs including room and board costs | 8 | | have been approved by the
Review Board, then such room and | 9 | | board costs shall be paid by the
appropriate State agency | 10 | | subject to the provisions of Section 14-8.01 of
this Act. Room | 11 | | and board costs not provided by a State agency other
than the | 12 | | State Board of Education shall be provided by the State Board
| 13 | | of Education on a current basis. In no event, however, shall | 14 | | the
State's liability for funding of these tuition costs begin | 15 | | until after
the legal obligations of third party payors have | 16 | | been subtracted from
such costs. If the money appropriated by | 17 | | the General Assembly for such
purpose for any year is | 18 | | insufficient, it shall be apportioned on the
basis of the | 19 | | claims approved. Each district shall submit estimated claims to | 20 | | the State
Superintendent of Education. Upon approval of such | 21 | | claims, the State
Superintendent of Education shall direct the | 22 | | State Comptroller to make payments
on a monthly basis. The | 23 | | frequency for submitting estimated
claims and the method of | 24 | | determining payment shall be prescribed in rules
and | 25 | | regulations adopted by the State Board of Education. Such | 26 | | current state
reimbursement shall be reduced by an amount equal |
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| 1 | | to the proceeds which
the child or child's parents are eligible | 2 | | to receive under any public or
private insurance or assistance | 3 | | program. Nothing in this Section shall
be construed as | 4 | | relieving an insurer or similar third party from an
otherwise | 5 | | valid obligation to provide or to pay for services provided to
| 6 | | a child with a disability.
| 7 | | If it otherwise qualifies, a school district is eligible | 8 | | for the
transportation reimbursement under Section 14-13.01 | 9 | | and for the
reimbursement of tuition payments under this | 10 | | Section whether the
non-public school or special education | 11 | | facility, public out-of-state
school or county special | 12 | | education facility, attended by a child who
resides in that | 13 | | district and requires special educational services, is
within | 14 | | or outside of the State of Illinois. However, a district is not
| 15 | | eligible to claim transportation reimbursement under this | 16 | | Section unless
the district certifies to the State | 17 | | Superintendent of Education that the
district is unable to | 18 | | provide special educational services required by
the child for | 19 | | the current school year.
| 20 | | Nothing in this Section authorizes the reimbursement of a | 21 | | school
district for the amount paid for tuition of a child | 22 | | attending a
non-public school or special education facility, | 23 | | public out-of-state
school or county special education | 24 | | facility unless the school district
certifies to the State | 25 | | Superintendent of Education that the special
education program | 26 | | of that district is unable to meet the needs of that child
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| 1 | | because of his disability and the State Superintendent of | 2 | | Education finds
that the school district is in substantial | 3 | | compliance with Section 14-4.01. However, if a child is | 4 | | unilaterally placed by a State agency or any court in a | 5 | | non-public school or special education facility, public | 6 | | out-of-state school, or county special education facility, a | 7 | | school district shall not be required to certify to the State | 8 | | Superintendent of Education, for the purpose of tuition | 9 | | reimbursement, that the special education program of that | 10 | | district is unable to meet the needs of a child because of his | 11 | | or her disability.
| 12 | | Any educational or related services provided, pursuant to | 13 | | this
Section in a non-public school or special education | 14 | | facility or a
special education facility owned and operated by | 15 | | a county government
unit shall be at no cost to the parent or | 16 | | guardian of the child.
However, current law and practices | 17 | | relative to contributions by parents
or guardians for costs | 18 | | other than educational or related services are
not affected by | 19 | | this amendatory Act of 1978.
| 20 | | Reimbursement for children attending public school | 21 | | residential facilities
shall be made in accordance with the | 22 | | provisions of this Section.
| 23 | | Notwithstanding any other provision of law, any school | 24 | | district
receiving a payment under this Section or under | 25 | | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | 26 | | all or a portion of the funds that
it receives in a particular |
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| 1 | | fiscal year or from general State aid pursuant
to Section | 2 | | 18-8.05 of this Code
as funds received in connection with any | 3 | | funding program for which
it is entitled to receive funds from | 4 | | the State in that fiscal year (including,
without limitation, | 5 | | any funding program referenced in this Section),
regardless of | 6 | | the source or timing of the receipt. The district may not
| 7 | | classify more funds as funds received in connection with the | 8 | | funding
program than the district is entitled to receive in | 9 | | that fiscal year for that
program. Any
classification by a | 10 | | district must be made by a resolution of its board of
| 11 | | education. The resolution must identify the amount of any | 12 | | payments or
general State aid to be classified under this | 13 | | paragraph and must specify
the funding program to which the | 14 | | funds are to be treated as received in
connection therewith. | 15 | | This resolution is controlling as to the
classification of | 16 | | funds referenced therein. A certified copy of the
resolution | 17 | | must be sent to the State Superintendent of Education.
The | 18 | | resolution shall still take effect even though a copy of the | 19 | | resolution has
not been sent to the State
Superintendent of | 20 | | Education in a timely manner.
No
classification under this | 21 | | paragraph by a district shall affect the total amount
or timing | 22 | | of money the district is entitled to receive under this Code.
| 23 | | No classification under this paragraph by a district shall
in | 24 | | any way relieve the district from or affect any
requirements | 25 | | that otherwise would apply with respect to
that funding | 26 | | program, including any
accounting of funds by source, reporting |
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| 1 | | expenditures by
original source and purpose,
reporting | 2 | | requirements,
or requirements of providing services.
| 3 | | (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; | 4 | | 100-587, eff. 6-4-18 .)
| 5 | | (105 ILCS 5/14-7.02b)
| 6 | | Sec. 14-7.02b. Funding for children requiring special | 7 | | education services.
Payments to school districts for children | 8 | | requiring
special education services documented in their | 9 | | individualized education
program regardless of the program | 10 | | from which these services are received,
excluding children | 11 | | claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
| 12 | | be made in accordance with this Section. Funds received under | 13 | | this Section
may be used only for the provision of special | 14 | | educational facilities and
services as defined in Section | 15 | | 14-1.08 of this Code.
| 16 | | The appropriation for fiscal year 2005 through fiscal year | 17 | | 2017 shall be based upon
the IDEA child count of all students | 18 | | in the State, excluding students
claimed under Sections 14-7.02 | 19 | | and 14-7.03 of this Code, on December 1 of the
fiscal year 2
| 20 | | years
preceding, multiplied by 17.5% 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 2005 and through fiscal year | 24 | | 2007, individual school districts
shall not receive payments | 25 | | under this Section totaling less than they received
under the
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| 1 | | funding authorized under Section 14-7.02a of this Code
during | 2 | | fiscal year 2004, pursuant to the provisions of Section | 3 | | 14-7.02a as they
were in effect before the effective date of | 4 | | this amendatory Act of the 93rd
General Assembly. This base | 5 | | level funding shall be computed first.
| 6 | | Beginning with fiscal year 2008 through fiscal year 2017, | 7 | | individual school districts must not receive payments under | 8 | | this Section totaling less than they received in fiscal year | 9 | | 2007. This funding shall be computed last and shall be a | 10 | | separate calculation from any other calculation set forth in | 11 | | this Section. This amount is exempt from the requirements of | 12 | | Section 1D-1 of this Code.
| 13 | | Through fiscal year 2017, an amount equal to 85% of the | 14 | | funds remaining in the appropriation shall be allocated to | 15 | | school districts based upon the
district's average daily | 16 | | attendance reported for purposes of Section
18-8.05 of this | 17 | | Code for the preceding school year. Fifteen percent of the
| 18 | | funds
remaining in the appropriation
shall be allocated to | 19 | | school districts based upon the district's low income
eligible | 20 | | pupil count used in the calculation of general State aid under | 21 | | Section
18-8.05 of this Code for the same fiscal year. One | 22 | | hundred percent of the
funds
computed and allocated to | 23 | | districts under this Section shall be distributed and
paid to | 24 | | school districts.
| 25 | | For individual
students with disabilities whose program | 26 | | costs exceed 2 4 times the
district's per capita tuition rate
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| 1 | | as calculated under Section 10-20.12a of this Code, the costs | 2 | | in excess
of 2 4 times the district's per capita tuition rate | 3 | | shall be paid by the State
Board of Education from funds made | 4 | | available under unexpended IDEA discretionary funds originally
| 5 | | designated for room and board reimbursement pursuant to Section
| 6 | | 14-8.01 of this Code. The amount of tuition for these children | 7 | | shall be
determined by the actual cost of maintaining classes | 8 | | for these children,
using the per
capita cost formula set forth | 9 | | in Section 14-7.01 of this Code, with the
program and cost | 10 | | being pre-approved by the State Superintendent of
Education. | 11 | | Reimbursement for individual students with disabilities whose | 12 | | program costs exceed 2 4 times the district's per capita | 13 | | tuition rate shall be claimed beginning with costs encumbered | 14 | | for the 2019-2020 2004-2005 school year and thereafter.
| 15 | | The State Board of Education shall prepare vouchers equal | 16 | | to one-fourth the
amount allocated to districts, for | 17 | | transmittal
to the State Comptroller on the 30th day of | 18 | | September, December, and March,
respectively, and the final | 19 | | voucher, no later than June 20. The Comptroller
shall make | 20 | | payments pursuant to this Section to school districts as soon | 21 | | as possible after receipt of vouchers. If the money
| 22 | | appropriated from the General Assembly for such purposes for | 23 | | any year is
insufficient, it shall be apportioned on the basis | 24 | | of the payments due to
school districts.
| 25 | | Nothing in this Section shall be construed to decrease or | 26 | | increase the
percentage of all special education funds that are |
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| 1 | | allocated annually
under Article 1D of this Code
or to alter | 2 | | the requirement that a
school district provide special | 3 | | education services.
| 4 | | Nothing in this amendatory Act of the 93rd General Assembly | 5 | | shall
eliminate any reimbursement obligation owed as of the | 6 | | effective date of this
amendatory Act of the 93rd General | 7 | | Assembly to a school district with in excess
of 500,000 | 8 | | inhabitants.
| 9 | | Except for reimbursement for individual students with | 10 | | disabilities whose program costs exceed 2 4 times the | 11 | | district's per capita tuition rate, no funding shall be | 12 | | provided to school districts under this Section after fiscal | 13 | | year 2017. | 14 | | In fiscal year 2018 and each fiscal year thereafter, all | 15 | | funding received by a school district from the State pursuant | 16 | | to Section 18–8.15 of this Code that is attributable to | 17 | | students requiring special education services must be used for | 18 | | special education services authorized under this Code. | 19 | | (Source: P.A. 100-465, eff. 8-31-17.) | 20 | | (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01) | 21 | | Sec. 14-8.01. Supervision of special education buildings | 22 | | and
facilities. All special educational facilities, building | 23 | | programs,
housing, and all educational programs for the types | 24 | | of children with disabilities
defined in Section 14-1.02 shall | 25 | | be under the
supervision of and
subject to the approval of the |
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| 1 | | State Board of Education.
| 2 | | All special education facilities, building programs, and
| 3 | | housing shall comply with the building code authorized by | 4 | | Section 2-3.12.
| 5 | | All educational programs for children
with disabilities as | 6 | | defined in Section 14-1.02 administered by any State
agency | 7 | | shall be under the general supervision of the State Board of
| 8 | | Education. Such supervision shall be limited to insuring that | 9 | | such
educational programs meet standards jointly developed and | 10 | | agreed to by
both the State Board of Education and the | 11 | | operating State agency,
including standards for educational | 12 | | personnel.
| 13 | | Any State agency providing special educational programs | 14 | | for children with disabilities as defined in Section 14-1.02
| 15 | | shall promulgate rules and regulations, in consultation with | 16 | | the State
Board of Education and pursuant to the Illinois | 17 | | Administrative Procedure
Act as now or hereafter amended, to | 18 | | insure that all such programs comply
with this Section and | 19 | | Section 14-8.02.
| 20 | | No otherwise qualified child with a disability receiving | 21 | | special
education
and related services under Article 14 shall | 22 | | solely by reason of his or
her disability be excluded from the | 23 | | participation in or be
denied the
benefits of or be subjected | 24 | | to discrimination under any program or
activity provided by a | 25 | | State agency.
| 26 | | State agencies providing special education and related |
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| 1 | | services,
including room and board, either directly or through | 2 | | grants or purchases
of services shall continue to provide these | 3 | | services according to
current law and practice. Room and board | 4 | | costs not provided by a State
agency other than the State Board | 5 | | of Education shall be provided by the
State Board of Education | 6 | | to the extent of available funds. An amount equal
to one-half | 7 | | of the State
education agency's share of IDEA PART B federal | 8 | | monies, or so
much thereof
as may actually be needed, shall | 9 | | annually be appropriated to pay for the
additional costs of | 10 | | providing for room and board for those children
placed pursuant | 11 | | to Section 14-7.02 of this Code and, after all such
room and
| 12 | | board costs are paid, for similar expenditures
for children | 13 | | served pursuant to
Section 14-7.02 or 14-7.02b of this Code. | 14 | | Any such excess
room and board funds must first be directed to | 15 | | those school districts
with students costing in excess of 4 | 16 | | times the district's per capita tuition
charge and then to
| 17 | | community based programs that serve as alternatives to | 18 | | residential
placements.
| 19 | | Beginning with Fiscal Year 1997 and continuing through | 20 | | Fiscal Year 2000,
100% of the former Chapter I, Section 89-313 | 21 | | federal funds shall be allocated
by
the State Board of | 22 | | Education in the same manner as IDEA, PART B "flow through"
| 23 | | funding to local school districts, joint agreements, and | 24 | | special education
cooperatives for the maintenance of | 25 | | instructional and related support services
to students with | 26 | | disabilities.
However, beginning with Fiscal Year 1998, the |
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| 1 | | total IDEA Part B discretionary
funds available to the State | 2 | | Board of Education shall not exceed the maximum
permissible | 3 | | under federal law or 20% of the total federal funds available | 4 | | to
the State, whichever is less. After
all room and board
| 5 | | payments and similar
expenditures are made by the State Board | 6 | | of Education as required by this
Section, the State Board of | 7 | | Education may use the remaining funds for
administration and | 8 | | for providing discretionary activities. However, the State
| 9 | | Board of Education may use no more than 25% of its available | 10 | | IDEA Part B
discretionary funds for administrative services.
| 11 | | Beginning with Fiscal Year 2020 through Fiscal Year 2025, | 12 | | the State must fund all necessary expenses related to educating | 13 | | children with excess costs who attend public schools under | 14 | | Section 14-7.02b. For Fiscal Year 2026 and each fiscal year | 15 | | thereafter, all costs in excess of 2 times a district's per | 16 | | capita tuition charge for educating children who attend schools | 17 | | and programs described in Sections 14-7.02 and 14-7.02b must be | 18 | | reimbursed by the State. | 19 | | Special education and related services included in the | 20 | | child's
individualized educational program which are not | 21 | | provided by another
State agency shall be included in the | 22 | | special education and related
services provided by the State | 23 | | Board of Education and the local school
district.
| 24 | | The State Board of Education with the advice of the | 25 | | Advisory Council
shall prescribe the standards and make the | 26 | | necessary rules and
regulations for special education programs |
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| 1 | | administered by local school
boards, including but not limited | 2 | | to establishment of classes, training
requirements of teachers | 3 | | and other professional personnel, eligibility
and admission of | 4 | | pupils, the curriculum, class size limitation, building
| 5 | | programs, housing, transportation, special equipment and | 6 | | instructional
supplies, and the applications for claims for | 7 | | reimbursement. The State
Board of Education shall promulgate | 8 | | rules and regulations for annual
evaluations of the | 9 | | effectiveness of all special education programs and
annual | 10 | | evaluation by the local school district of the individualized
| 11 | | educational program for each child for whom it provides special
| 12 | | education services.
| 13 | | A school district is responsible for the provision of | 14 | | educational
services for all school age children residing | 15 | | within its boundaries
excluding any student placed under the | 16 | | provisions of Section 14-7.02 or any
student with a disability | 17 | | whose parent or guardian lives outside of the State of
Illinois | 18 | | as described in Section 14-1.11.
| 19 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 20 | | Section 99. Effective date. This Act takes effect July 1, | 21 | | 2019.
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