093_HB1180enr

 
HB1180 Enrolled                      LRB093 07885 NHT 08075 b

 1        AN ACT to amend the School Code.

 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    Sections  1D-1,  14-8.01,  and  18-4.3  and  adding   Section
 6    14-7.02b as follows:

 7        (105 ILCS 5/1D-1)
 8        Sec. 1D-1.  Block grant funding.
 9        (a)  For   fiscal   year   1996   and  each  fiscal  year
10    thereafter, the State Board of Education  shall  award  to  a
11    school   district   having  a  population  exceeding  500,000
12    inhabitants  a  general  education   block   grant   and   an
13    educational  services  block grant, determined as provided in
14    this  Section,  in  lieu  of  distributing  to  the  district
15    separate  State  funding  for  the  programs   described   in
16    subsections  (b)  and  (c).   The provisions of this Section,
17    however, do not apply to any federal funds that the  district
18    is  entitled  to receive.  In accordance with Section 2-3.32,
19    all block grants are subject to an audit.   Therefore,  block
20    grant receipts and block grant expenditures shall be recorded
21    to the appropriate fund code for the designated block grant.
22        (b)  The  general education block grant shall include the
23    following programs: REI Initiative, Summer Bridges, Preschool
24    At Risk, K-6 Comprehensive Arts, School Improvement  Support,
25    Urban   Education,   Scientific   Literacy,  Substance  Abuse
26    Prevention,  Second  Language  Planning,  Staff  Development,
27    Outcomes and Assessment, K-6  Reading  Improvement,  Truants'
28    Optional Education, Hispanic Programs, Agriculture Education,
29    Gifted  Education, Parental Education, Prevention Initiative,
30    Report  Cards,  and   Criminal   Background   Investigations.
31    Notwithstanding  any other provision of law, all amounts paid
 
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 1    under  the  general  education   block   grant   from   State
 2    appropriations  to  a  school  district  in  a  city having a
 3    population   exceeding   500,000   inhabitants    shall    be
 4    appropriated  and  expended by the board of that district for
 5    any of the programs included in the block grant or any of the
 6    board's lawful purposes.
 7        (c)  The educational services block grant  shall  include
 8    the  following  programs:  Bilingual,  Regular and Vocational
 9    Transportation,  State  Lunch  and  Free  Breakfast  Program,
10    Special Education (Personnel, Extraordinary,  Transportation,
11    Orphanage,  Private  Tuition), funding for children requiring
12    special  education  services,  Summer   School,   Educational
13    Service   Centers,   and   Administrator's   Academy.    This
14    subsection   (c)   does  not  relieve  the  district  of  its
15    obligation to provide the services required under  a  program
16    that is included within the educational services block grant.
17    It  is  the intention of the General Assembly in enacting the
18    provisions of this subsection (c) to relieve the district  of
19    the   administrative   burdens  that  impede  efficiency  and
20    accompany  single-program  funding.   The  General   Assembly
21    encourages  the  board  to pursue mandate waivers pursuant to
22    Section 2-3.25g.
23        The funding program included in the educational  services
24    block  grant  for  funding  for  children  requiring  special
25    education  services  in  each fiscal year shall be treated in
26    that fiscal year as a  payment  to  the  school  district  in
27    respect  of  services provided or costs incurred in the prior
28    fiscal year, calculated in each  case  as  provided  in  this
29    Section.   Nothing in this Section shall change the nature of
30    payments for any program that, apart from this Section, would
31    be or, prior to adoption or amendment of this Section, was on
32    the basis of a  payment  in  a  fiscal  year  in  respect  of
33    services provided or costs incurred in the prior fiscal year,
34    calculated in each case as provided in this Section.
 
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 1        (d)  For   fiscal   year   1996   and  each  fiscal  year
 2    thereafter, the amount of the district's block  grants  shall
 3    be  determined  as  follows: (i) with respect to each program
 4    that is included within each block grant, the district  shall
 5    receive an amount equal to the same percentage of the current
 6    fiscal  year  appropriation  made  for  that  program  as the
 7    percentage of the appropriation received by the district from
 8    the 1995 fiscal year appropriation made for that program, and
 9    (ii) the total amount that is  due  the  district  under  the
10    block  grant  shall  be the aggregate of the amounts that the
11    district is entitled to receive  for  the  fiscal  year  with
12    respect  to  each  program  that is included within the block
13    grant that the State  Board  of  Education  shall  award  the
14    district  under  this  Section  for that fiscal year.  In the
15    case of  the  Summer  Bridges  program,  the  amount  of  the
16    district's block grant shall be equal to 44% of the amount of
17    the current fiscal year appropriation made for that program.
18        (e)  The district is not required to file any application
19    or  other claim in order to receive the block grants to which
20    it is  entitled  under  this  Section.  The  State  Board  of
21    Education  shall make payments to the district of amounts due
22    under the district's block grants on a schedule determined by
23    the State Board of Education.
24        (f)  A school district  to  which  this  Section  applies
25    shall  report  to  the State Board of Education on its use of
26    the block grants in such form and detail as the  State  Board
27    of Education may specify.
28        (g)  This  paragraph  provides for the treatment of block
29    grants under Article  1C  for  purposes  of  calculating  the
30    amount  of  block  grants  for a district under this Section.
31    Those block grants under Article 1C are,  for  this  purpose,
32    treated  as  included  in the amount of appropriation for the
33    various programs set  forth  in  paragraph  (b)  above.   The
34    appropriation  in  each  current  fiscal  year for each block
 
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 1    grant under Article 1C shall be treated for these purposes as
 2    appropriations for the individual program  included  in  that
 3    block grant.  The proportion of each block grant so allocated
 4    to  each  such program included in it shall be the proportion
 5    which  the  appropriation  for  that  program  was   of   all
 6    appropriations  for such purposes now in that block grant, in
 7    fiscal 1995.
 8        Payments to the school district under this  Section  with
 9    respect   to  each  program  for  which  payments  to  school
10    districts generally, as of the date of this amendatory Act of
11    the 92nd General Assembly, are on a reimbursement basis shall
12    continue to be made to the district on a reimbursement basis,
13    pursuant to the  provisions  of  this  Code  governing  those
14    programs.
15        (h)  Notwithstanding  any  other  provision  of  law, any
16    school district receiving a block grant  under  this  Section
17    may  classify  all or a portion of the funds that it receives
18    in a particular fiscal year from any block  grant  authorized
19    under this Code or from general State aid pursuant to Section
20    18-8.05  of  this Code (other than supplemental general State
21    aid) as funds received in connection with any funding program
22    for which it is entitled to receive funds from the  State  in
23    that  fiscal year (including, without limitation, any funding
24    program referred to  in  subsection  (c)  of  this  Section),
25    regardless  of  the  source  or  timing  of the receipt.  The
26    district may not classify more funds  as  funds  received  in
27    connection  with  the  funding  program  than the district is
28    entitled to receive in that fiscal  year  for  that  program.
29    Any classification by a district must be made by a resolution
30    of  its board of education.  The resolution must identify the
31    amount of  any  block  grant  or  general  State  aid  to  be
32    classified  under  this  subsection  (h) and must specify the
33    funding program to which the  funds  are  to  be  treated  as
34    received   in   connection  therewith.   This  resolution  is
 
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 1    controlling as to  the  classification  of  funds  referenced
 2    therein.   A certified copy of the resolution must be sent to
 3    the State Superintendent of Education. The  resolution  shall
 4    still  take  effect  even though a copy of the resolution has
 5    not been sent to the State Superintendent of Education  in  a
 6    timely  manner.   No classification under this subsection (h)
 7    by a district shall affect the  total  amount  or  timing  of
 8    money  the  district  is entitled to receive under this Code.
 9    No classification under this subsection  (h)  by  a  district
10    shall  in  any  way  relieve  the district from or affect any
11    requirements that otherwise would apply with respect  to  the
12    block  grant  as  provided  in  this  Section,  including any
13    accounting of funds  by  source,  reporting  expenditures  by
14    original  source  and  purpose,  reporting  requirements,  or
15    requirements of provision of services.
16    (Source:  P.A.  91-711,  eff.  7-1-00;  92-568, eff. 6-26-02;
17    92-651, eff. 7-11-02.)

18        (105 ILCS 5/14-7.02b new)
19        Sec. 14-7.02b.  Funding for  children  requiring  special
20    education  services.  Payments  to school districts and joint
21    agreements for children requiring special education  services
22    documented   in   their   individualized   education  program
23    regardless of the  program  from  which  these  services  are
24    received,  excluding  children claimed under Sections 14-7.02
25    and 14-7.03 of this Code, shall be made  in  accordance  with
26    this  Section.  Funds received under this Section may be used
27    only for the provision of special educational facilities  and
28    services as defined in Section 14-1.08 of this Code.
29        The  appropriation  for  fiscal  year 2004 and thereafter
30    shall be based upon the IDEA child count of all  students  in
31    the  State, excluding students claimed under Sections 14-7.02
32    and 14-7.03 of this Code, on December 1 of the fiscal year  2
33    years preceding, multiplied by 17.5% of the general State aid
 
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 1    foundation  level of support established for that fiscal year
 2    under Section 18-8.05 of this Code.
 3        Beginning  with  fiscal   year   2004   and   thereafter,
 4    individual  school districts shall not receive payments under
 5    this Section totaling  less  than  they  received  under  the
 6    funding authorized under Section 14-7.02a of this Code during
 7    fiscal  year  2003,  pursuant  to  the  provisions of Section
 8    14-7.02a as they were in effect before the effective date  of
 9    this  amendatory  Act of the 93rd General Assembly. This base
10    level funding shall be computed first.
11        An amount equal to 85% of  the  funds  remaining  in  the
12    appropriation  after subtracting the base level funding shall
13    be allocated to school districts based  upon  the  district's
14    average  daily  attendance  reported  for purposes of Section
15    18-8.05 of this Code for the preceding school year.   Fifteen
16    percent  of  the  funds  remaining in the appropriation after
17    subtracting the base level  funding  shall  be  allocated  to
18    school   districts  based  upon  the  district's  low  income
19    eligible pupil count used in the calculation of general State
20    aid under Section 18-8.05 of this Code for  the  same  fiscal
21    year.    One  hundred  percent  of  the  funds  computed  and
22    allocated  to  districts  under   this   Section   shall   be
23    distributed and paid to school districts.
24        For  individual  students with disabilities whose program
25    costs exceed 4 times the district's per capita  tuition  rate
26    as calculated under Section 10-20.12a of this Code, the costs
27    in  excess  of 4 times the district's per capita tuition rate
28    shall be paid by the State Board of Education from unexpended
29    IDEA discretionary funds originally designated for  room  and
30    board reimbursement pursuant to Section 14-8.01 of this Code.
31    The  amount of tuition for these children shall be determined
32    by the actual cost of maintaining classes for these children,
33    using the per  capita  cost  formula  set  forth  in  Section
34    14-7.01  of  this  Code,  with  the  program  and  cost being
 
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 1    pre-approved by the State Superintendent of Education.
 2        The State Board of Education shall prepare vouchers equal
 3    to one-fourth the amount allocated  to  districts  and  their
 4    joint agreements, for transmittal to the State Comptroller on
 5    the 30th day of September, December, and March, respectively,
 6    and the final voucher, no later than June 20. The Comptroller
 7    shall  make  payments  pursuant  to  this  Section  to school
 8    districts and their joint  agreements  as  soon  as  possible
 9    after receipt of vouchers. If the money appropriated from the
10    General   Assembly   for   such  purposes  for  any  year  is
11    insufficient, it shall be apportioned on  the  basis  of  the
12    payments due to school districts.
13        Nothing in this Section shall be construed to decrease or
14    increase  the  percentage of all special education funds that
15    are allocated annually under Article 1D of this  Code  or  to
16    alter  the requirement that a school district provide special
17    education services.
18        Nothing in  this  amendatory  Act  of  the  93rd  General
19    Assembly shall eliminate any reimbursement obligation owed as
20    of  the  effective  date  of  this amendatory Act of the 93rd
21    General Assembly to a  school  district  with  in  excess  of
22    500,000 inhabitants.

23        (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
24        Sec.  14-8.01. Supervision of special education buildings
25    and facilities. All special educational facilities,  building
26    programs, housing, and all educational programs for the types
27    of  disabled  children  defined  in  Section 14-1.02 shall be
28    under the supervision of and subject to the approval  of  the
29    State Board of Education.
30        All  special education facilities, building programs, and
31    housing shall comply with the  building  code  authorized  by
32    Section 2-3.12.
33        All  educational  programs for children with disabilities
 
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 1    as defined in  Section  14-1.02  administered  by  any  State
 2    agency  shall  be  under the general supervision of the State
 3    Board of Education.  Such supervision  shall  be  limited  to
 4    insuring   that  such  educational  programs  meet  standards
 5    jointly developed and agreed to by both the  State  Board  of
 6    Education and the operating State agency, including standards
 7    for educational personnel.
 8        Any  State  agency providing special educational programs
 9    for children with disabilities as defined in Section  14-1.02
10    shall promulgate  rules and regulations, in consultation with
11    the  State  Board  of  Education and pursuant to the Illinois
12    Administrative Procedure Act as now or hereafter amended,  to
13    insure  that  all  such programs comply with this Section and
14    Section 14-8.02.
15        No otherwise qualified disabled child  receiving  special
16    education  and related services under Article 14 shall solely
17    by reason of his or  her  disability  be  excluded  from  the
18    participation in or be denied the benefits of or be subjected
19    to discrimination under any program or activity provided by a
20    State agency.
21        State  agencies  providing  special education and related
22    services,  including  room  and  board,  either  directly  or
23    through grants or purchases of  services  shall  continue  to
24    provide these services according to current law and practice.
25    Room  and  board  costs  not provided by a State agency other
26    than the State Board of Education shall be  provided  by  the
27    State  Board  of  Education to the extent of available funds.
28    An amount equal to one-half of the State  education  agency's
29    share  of  IDEA  PART B federal monies, or so much thereof as
30    may actually be needed, shall annually be appropriated to pay
31    for the additional costs of providing for room and board  for
32    those  children  placed  pursuant  to Section 14-7.02 of this
33    Code Act and, after all such room and board costs  are  paid,
34    for  similar  expenditures  for  children  served pursuant to
 
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 1    Section 14-7.02 or 14-7.02b 14-7.02a of this Code.  Any  such
 2    excess  room  and board funds must first be directed to those
 3    school districts with students costing in excess of  4  times
 4    the  district's  per  capita  tuition charge and then to Act,
 5    based in community based programs that serve as  alternatives
 6    to residential placements.
 7        Beginning  with  Fiscal  Year 1997 and continuing through
 8    Fiscal Year 2000, 100%  of  the  former  Chapter  I,  Section
 9    89-313 federal funds shall be allocated by the State Board of
10    Education  in  the same manner as IDEA, PART B "flow through"
11    funding to local  school  districts,  joint  agreements,  and
12    special   education   cooperatives  for  the  maintenance  of
13    instructional and related support services to  students  with
14    disabilities.  However,  beginning with Fiscal Year 1998, the
15    total IDEA Part B discretionary funds available to the  State
16    Board  of  Education shall not exceed the maximum permissible
17    under federal law or 20% of the total federal funds available
18    to the State, whichever  is  less.   In  no  case  shall  the
19    aggregate  IDEA  Part  B  discretionary funds received by the
20    State Board of Education exceed the amount  of  IDEA  Part  B
21    discretionary funds available to the State Board of Education
22    for  Fiscal  Year  1997,  excluding  any carryover funds from
23    prior fiscal years, increased by 3% for Fiscal Year 1998  and
24    increased   by   an   additional  3%  for  each  fiscal  year
25    thereafter.  After all room and board  payments  and  similar
26    expenditures  are  made  by  the  State Board of Education as
27    required by this Section, the State Board  of  Education  may
28    use  the remaining funds for administration and for providing
29    discretionary  activities.   However,  the  State  Board   of
30    Education may use no more than 25% of its available IDEA Part
31    B discretionary funds for administrative services.
32        Special  education  and  related services included in the
33    child's individualized  educational  program  which  are  not
34    provided  by  another  State  agency shall be included in the
 
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 1    special education and related services provided by the  State
 2    Board of Education and the local school district.
 3        The  State  Board  of  Education  with  the advice of the
 4    Advisory Council shall prescribe the standards and  make  the
 5    necessary   rules   and  regulations  for  special  education
 6    programs administered by local school boards,  including  but
 7    not   limited   to   establishment   of   classes,   training
 8    requirements  of  teachers  and other professional personnel,
 9    eligibility and admission of pupils,  the  curriculum,  class
10    size  limitation, building programs, housing, transportation,
11    special  equipment  and  instructional  supplies,   and   the
12    applications for claims for reimbursement. The State Board of
13    Education  shall  promulgate rules and regulations for annual
14    evaluations of the effectiveness  of  all  special  education
15    programs  and  annual evaluation by the local school district
16    of the individualized educational program for each child  for
17    whom it provides special education services.
18        A  school  district  is  responsible for the provision of
19    educational services for all  school  age  children  residing
20    within  its boundaries excluding any student placed under the
21    provisions of Section 14-7.02 or any disabled  student  whose
22    parent  or guardian lives outside of the State of Illinois as
23    described in Section 14-1.11.
24    (Source: P.A. 89-397,  eff.  8-20-95;  89-622,  eff.  8-9-96;
25    90-547, eff. 12-1-97.)

26        (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
27        Sec.  18-4.3.   Summer  school  grants.   Grants shall be
28    determined for pupil attendance in summer  schools  conducted
29    under Sections 10-22.33A and 34-18 and approved under Section
30    2-3.25 in the following manner.
31        The  amount  of  grant  for each accredited summer school
32    attendance pupil shall be  obtained  by  dividing  the  total
33    amount  of apportionments determined under Section 18-8.05 by
 
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 1    the actual number of pupils in average daily attendance  used
 2    for  such  apportionments.   The  number  of  credited summer
 3    school attendance pupils shall be determined (a) by  counting
 4    clock hours of class instruction by pupils enrolled in grades
 5    1  through 12 in approved courses conducted at least 60 clock
 6    hours in summer sessions; (b) by dividing such total of clock
 7    hours of class instruction by 4 to produce days  of  credited
 8    pupil attendance; (c) by dividing such days of credited pupil
 9    attendance  by  the actual number of days in the regular term
10    as used  in  computation  in  the  general  apportionment  in
11    Section 18-8.05; and (d) by multiplying by 1.25.
12        The  amount  of  the  grant  for  a summer school program
13    approved  by  the  State  Superintendent  of  Education   for
14    children  with  disabilities,  as defined in Sections 14-1.02
15    through 14-1.07, shall be determined in the manner  contained
16    above  except that average daily membership shall be utilized
17    in lieu of average daily attendance.
18        In the case of an apportionment based  on  summer  school
19    attendance  or membership pupils, the claim therefor shall be
20    presented as a separate claim for the particular school  year
21    in   which  such  summer  school  session ends.  On or before
22    November 1 of each year the superintendent of  each  eligible
23    school  district shall certify to the State Superintendent of
24    Education the claim of the district for  the  summer  session
25    just  ended.   Failure  on the part of the school board to so
26    certify shall constitute a forfeiture of its  right  to  such
27    payment.     The  State  Superintendent  of  Education  shall
28    transmit to the Comptroller no later than  December  15th  of
29    each   year  vouchers  for  payment  of  amounts  due  school
30    districts for summer school.   The  State  Superintendent  of
31    Education  shall  direct the Comptroller to draw his warrants
32    for payments thereof by the 30th day of  December.    If  the
33    money  appropriated  by the General Assembly for such purpose
34    for any year is insufficient, it shall be apportioned on  the
 
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 1    basis of claims approved.
 2        However,  notwithstanding  the  foregoing provisions, for
 3    each fiscal  year  the  money  appropriated  by  the  General
 4    Assembly  for the purposes of this Section shall only be used
 5    for grants for approved  summer  school  programs  for  those
 6    children   with  disabilities  served  pursuant  to  Sections
 7    14-7.02 and 14-7.02b of this the School Code.
 8    (Source: P.A. 90-548, eff. 1-1-98; 91-764, eff. 6-9-00.)

 9        (105 ILCS 5/14-7.02a rep.)
10        Section 10.  The School  Code  is  amended  by  repealing
11    Section 14-7.02a.

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.