093_SB1333enr

 
SB1333 Enrolled                      LRB093 02175 NHT 10908 b

 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
 5    Sections 14-7.03 and 18-3 as follows:

 6        (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
 7        Sec. 14-7.03. Special Education Classes for Children from
 8    Orphanages, Foster Family  Homes,  Children's  Homes,  or  in
 9    State  Housing Units.  If a school district maintains special
10    education classes on the site of  orphanages  and  children's
11    homes,  or if children from the orphanages, children's homes,
12    foster  family  homes,  other  State   agencies,   or   State
13    residential  units  for  children attend classes for children
14    with  disabilities  in  which  the  school  district   is   a
15    participating member of a joint agreement, or if the children
16    from  the  orphanages, children's homes, foster family homes,
17    other State  agencies,  or  State  residential  units  attend
18    classes  for the children with disabilities maintained by the
19    school district, then reimbursement shall be paid to eligible
20    districts in accordance with the provisions of  this  Section
21    by the Comptroller as directed by the State Superintendent of
22    Education.
23        The   amount  of  tuition  for  such  children  shall  be
24    determined by the actual cost of  maintaining  such  classes,
25    using  the  per  capita  cost  formula  set  forth in Section
26    14-7.01, such program and cost  to  be  pre-approved  by  the
27    State Superintendent of Education.
28        On   forms   prepared  by  the  State  Superintendent  of
29    Education,  the  district  shall  certify  to  the   regional
30    superintendent the following:
31             (1)  The  name of the home or State residential unit
 
SB1333 Enrolled             -2-      LRB093 02175 NHT 10908 b
 1        with the name of the owner or proprietor and  address  of
 2        those maintaining it;
 3             (2)  That  no  service  charges  or  other  payments
 4        authorized  by  law  were  collected  in  lieu  of  taxes
 5        therefrom  or  on  account  thereof  during either of the
 6        calendar years included in  the  school  year  for  which
 7        claim is being made;
 8             (3)  The  number  of  children qualifying under this
 9        Act in special education classes for instruction  on  the
10        site of the orphanages and children's homes;
11             (4)  The   number   of  children  attending  special
12        education classes for children with disabilities in which
13        the district is  a  participating  member  of  a  special
14        education joint agreement;
15             (5)  The   number   of  children  attending  special
16        education  classes   for   children   with   disabilities
17        maintained by the district;
18             (6)  The  computed amount of tuition payment claimed
19        as due,  as  approved  by  the  State  Superintendent  of
20        Education, for maintaining these classes.
21        If  a  school  district  makes  a claim for reimbursement
22    under Section 18-3 or 18-4 of this Act it shall  not  include
23    in  any  claim  filed  under  this  Section  a claim for such
24    children.  Payments authorized by  law,  including  State  or
25    federal  grants  for  education  of children included in this
26    Section, shall be deducted in determining the tuition amount.
27        Nothing in this Act shall be construed so as to  prohibit
28    reimbursement  for  the  tuition  of  children  placed in for
29    profit facilities.  Private facilities shall provide adequate
30    space at the facility for special education classes  provided
31    by  a  school  district  or joint agreement for children with
32    disabilities who are residents of the facility at no cost  to
33    the  school  district  or joint agreement upon request of the
34    school district  or  joint  agreement.   If  such  a  private
 
SB1333 Enrolled             -3-      LRB093 02175 NHT 10908 b
 1    facility  provides  space at no cost to the district or joint
 2    agreement for special education classes provided to  children
 3    with  disabilities  who  are  residents  of the facility, the
 4    district or joint agreement shall not include any  costs  for
 5    the use of those facilities in its claim for reimbursement.
 6        Reimbursement   for  tuition  may  include  the  cost  of
 7    providing summer school programs for children with severe and
 8    profound disabilities served under this Section.  Claims  for
 9    that  reimbursement shall be filed by November 1 and shall be
10    paid on or before December 15 from  appropriations  made  for
11    the purposes of this Section.
12        The  State  Board of Education shall establish such rules
13    and  regulations  as  may  be  necessary  to  implement   the
14    provisions of this Section.
15        Claims  filed  on  behalf of programs operated under this
16    Section housed in a jail, detention center,  or  county-owned
17    shelter care facility shall be on an individual student basis
18    only  for  eligible students with disabilities.  These claims
19    shall be in accordance with applicable rules.
20        Each  district  claiming  reimbursement  for  a   program
21    operated  as a group program shall have an approved budget on
22    file  with  the  State  Board  of  Education  prior  to   the
23    initiation  of  the  program's  operation.   On September 30,
24    December 31, and March 31, the State Board of Education shall
25    voucher payments to group programs based  upon  the  approved
26    budget  during the year of operation.  Final claims for group
27    payments shall be filed on or before July 15.   Final  claims
28    for  group  programs received at the State Board of Education
29    on or before June 15 shall be vouchered by  June  30.   Final
30    claims  received at the State Board of Education between June
31    16 and July 15 shall be vouchered by August 30.   Claims  for
32    group programs received after July 15 shall not be honored.
33        Each   district  claiming  reimbursement  for  individual
34    students  shall  have  the  eligibility  of  those   students
 
SB1333 Enrolled             -4-      LRB093 02175 NHT 10908 b
 1    verified  by  the State Board of Education.  On September 30,
 2    December 31, and March 31, the State Board of Education shall
 3    voucher  payments  for  individual  students  based  upon  an
 4    estimated cost calculated from the prior year's claim.  Final
 5    claims for individual students for the  regular  school  term
 6    must  be received at the State Board of Education by July 15.
 7    Claims for individual students received after July  15  shall
 8    not be honored. Final claims for individual students shall be
 9    vouchered by August 30.
10        Reimbursement  shall  be  made  based upon approved group
11    programs or individual students.  The State Superintendent of
12    Education shall direct the Comptroller  to  pay  a  specified
13    amount  to  the  district  by  the  30th  day  of  September,
14    December,  March,  June,  or  August, respectively.  However,
15    notwithstanding any other provisions of this Section  or  the
16    School  Code, beginning with fiscal year 1994 and each fiscal
17    year thereafter through  fiscal  year  2002,  if  the  amount
18    appropriated  for  any  fiscal  year  is less than the amount
19    required for purposes of this Section, the amount required to
20    eliminate any insufficient reimbursement  for  each  district
21    claim  under this Section shall be reimbursed on August 30 of
22    the next fiscal year., and the Payments required to eliminate
23    any insufficiency for prior fiscal year claims shall be  made
24    before  any  claims  are  paid  for  the current fiscal year.
25    Notwithstanding any other provision of this Section  or  this
26    Code,  beginning  with  fiscal year 2003, total reimbursement
27    under this Section in any  fiscal  year  is  limited  to  the
28    amount  appropriated  for  that purpose for that fiscal year,
29    and if the amount appropriated for any fiscal  year  is  less
30    than  the  amount  required for purposes of this Section, the
31    insufficiency shall be apportioned pro rata among the  school
32    districts seeking reimbursement.
33        The  claim  of a school district otherwise eligible to be
34    reimbursed  in  accordance  with  Section  14-12.01  for  the
 
SB1333 Enrolled             -5-      LRB093 02175 NHT 10908 b
 1    1976-77 school year but for this amendatory Act of 1977 shall
 2    not be paid unless  the  district  ceases  to  maintain  such
 3    classes for one entire school year.
 4        If  a school district's current reimbursement payment for
 5    the 1977-78 school year only is less than  the  prior  year's
 6    reimbursement  payment  owed,  the district shall be paid the
 7    amount of the difference between the payments in addition  to
 8    the  current  reimbursement  payment,  and the amount so paid
 9    shall  be  subtracted  from  the  amount  of   prior   year's
10    reimbursement payment owed to the district.
11        Regional  superintendents  may  operate special education
12    classes for children from orphanages,  foster  family  homes,
13    children's  homes  or  State housing units located within the
14    educational services region upon consent of the school  board
15    otherwise so obligated.  In electing to assume the powers and
16    duties of a school district in providing and maintaining such
17    a  special education program, the regional superintendent may
18    enter into joint agreements  with  other  districts  and  may
19    contract  with  public  or  private schools or the orphanage,
20    foster family home, children's home or State housing unit for
21    provision of the  special  education  program.  The  regional
22    superintendent  exercising  the  powers  granted  under  this
23    Section  shall  claim  the  reimbursement  authorized by this
24    Section directly from the State Board of Education.
25        Any child who is not a resident of Illinois who is placed
26    in a child  welfare  institution,  private  facility,  foster
27    family  home, State operated program, orphanage or children's
28    home shall have the payment for his educational  tuition  and
29    any related services assured by the placing agent.
30        Commencing July 1, 1992, for each disabled student who is
31    placed residentially by a State agency or the courts for care
32    or  custody  or  both  care  and custody, welfare, medical or
33    mental health treatment or both  medical  and  mental  health
34    treatment,  rehabilitation,  and  protection,  whether placed
 
SB1333 Enrolled             -6-      LRB093 02175 NHT 10908 b
 1    there on, before, or  after  July  1,  1992,  the  costs  for
 2    educating  the  student  are eligible for reimbursement under
 3    this Section  providing  the  placing  agency  or  court  has
 4    notified  the  appropriate school district authorities of the
 5    status of student residency where applicable prior to or upon
 6    placement.
 7        The district of residence of  the  parent,  guardian,  or
 8    disabled  student as defined in Sections 14-1.11 and 14-1.11a
 9    is responsible for the actual costs of the student's  special
10    education  program  and  is  eligible for reimbursement under
11    this Section when placement is made by a State agency or  the
12    courts.  Payments  shall  be made by the resident district to
13    the district wherein the facility is  located  no  less  than
14    once per quarter unless otherwise agreed to in writing by the
15    parties.
16        When  a  dispute  arises  over  the  determination of the
17    district of residence, the district or districts  may  appeal
18    the  decision  in  writing  to  the  State  Superintendent of
19    Education.  The  decision  of  the  State  Superintendent  of
20    Education shall be final.
21        In  the  event a district does not make a tuition payment
22    to another district that is providing the  special  education
23    program  and  services,  the  State  Board of Education shall
24    immediately  withhold  125%  of  the  then  remaining  annual
25    tuition cost from the State aid or  categorical  aid  payment
26    due  to  the  school  district  that  is determined to be the
27    resident school district.  All funds withheld  by  the  State
28    Board  of  Education  shall  immediately  be forwarded to the
29    school district where the student is being served.
30        When a child eligible for  services  under  this  Section
31    14-7.03 must be placed in a nonpublic facility, that facility
32    shall  meet  the programmatic requirements of Section 14-7.02
33    and its regulations, and the educational  services  shall  be
34    funded only in accordance with this Section 14-7.03.
 
SB1333 Enrolled             -7-      LRB093 02175 NHT 10908 b
 1    (Source: P.A. 92-597, eff. 7-1-02; 92-877, eff. 1-7-03.)

 2        (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
 3        Sec.  18-3.   Tuition  of  children  from  orphanages and
 4    children's homes.
 5        When the children from any home for  orphans,  dependent,
 6    abandoned   or   maladjusted   children   maintained  by  any
 7    organization or association admitting to such  home  children
 8    from  the  State  in  general  or when children residing in a
 9    school district wherein the State of Illinois  maintains  and
10    operates  any  welfare or penal institution on property owned
11    by the State of  Illinois,  which  contains  houses,  housing
12    units  or  housing  accommodations  within a school district,
13    attend grades kindergarten through 12 of the  public  schools
14    maintained  by that school district, the State Superintendent
15    of Education shall direct the  State  Comptroller  to  pay  a
16    specified amount sufficient to pay the annual tuition cost of
17    such  children  who  attended  such public schools during the
18    regular school year ending on June 30 or the summer term  for
19    that  school  year,  and the Comptroller shall pay the amount
20    after  receipt  of  a  voucher   submitted   by   the   State
21    Superintendent of Education.
22        The amount of the tuition for such children attending the
23    public  schools  of  the  district shall be determined by the
24    State Superintendent of Education by multiplying  the  number
25    of  such children in average daily attendance in such schools
26    by  1.2  times  the  total  annual   per   capita   cost   of
27    administering  the schools of the district. Such total annual
28    per capita cost shall be determined by totaling all  expenses
29    of  the  school  district  in the educational, operations and
30    maintenance,  bond  and  interest,  transportation,  Illinois
31    municipal retirement, and rent  funds  for  the  school  year
32    preceding the filing of such tuition claims less expenditures
33    not  applicable  to the regular K-12 program, less offsetting
 
SB1333 Enrolled             -8-      LRB093 02175 NHT 10908 b
 1    revenues from State sources  except  those  from  the  common
 2    school  fund,  less  offsetting revenues from federal sources
 3    except those from federal impaction  aid,  less  student  and
 4    community  service  revenues,  plus a depreciation allowance;
 5    and dividing such total by the average daily  attendance  for
 6    the year.
 7        Annually  on  or before June 30 the superintendent of the
 8    district upon forms prepared by the State  Superintendent  of
 9    Education  shall  certify  to the regional superintendent the
10    following:
11             1.  The name of the home and of the organization  or
12        association  maintaining  it; or the legal description of
13        the real estate upon which the house, housing  units,  or
14        housing  accommodations  are located and that no taxes or
15        service charges or other payments authorized by law to be
16        made in lieu of taxes  were  collected  therefrom  or  on
17        account  thereof  during  either  of  the  calendar years
18        included in the school year  for  which  claim  is  being
19        made;
20             2.  The  number  of children from the home or living
21        in such houses, housing units or  housing  accommodations
22        and attending the schools of the district;
23             3.  The  total  number  of  children  attending  the
24        schools of the district;
25             4.  The  per  capita tuition charge of the district;
26        and
27             5.  The  computed  amount  of  the  tuition  payment
28        claimed as due.
29        Whenever the persons in charge of such home for  orphans,
30    dependent,  abandoned  or  maladjusted children have received
31    from the parent or guardian of any such child or by virtue of
32    an order of court a specific  allowance  for  educating  such
33    child,  such  persons  shall  pay  to the school board in the
34    district where the child attends school such  amount  of  the
 
SB1333 Enrolled             -9-      LRB093 02175 NHT 10908 b
 1    allowance as is necessary to pay the tuition required by such
 2    district  for the education of the child. If the allowance is
 3    insufficient  to  pay  the  tuition   in   full   the   State
 4    Superintendent  of  Education shall direct the Comptroller to
 5    pay to the district the difference between the total  tuition
 6    charged and the amount of the allowance.
 7        Whenever  the  facilities  of  a school district in which
 8    such house,  housing  units  or  housing  accommodations  are
 9    located, are limited, pupils may be assigned by that district
10    to  the  schools of any adjacent district to the limit of the
11    facilities of the adjacent district to properly educate  such
12    pupils  as  shall  be  determined  by the school board of the
13    adjacent district, and the State Superintendent of  Education
14    shall  direct  the  Comptroller  to  pay  a  specified amount
15    sufficient to pay the  annual  tuition  of  the  children  so
16    assigned  to  and  attending  public  schools in the adjacent
17    districts and the Comptroller shall draw his warrant upon the
18    State Treasurer for  the  payment  of  such  amount  for  the
19    benefit  of  the adjacent school districts in the same manner
20    as for districts  in  which  the  houses,  housing  units  or
21    housing accommodations are located.
22        The   school   district   shall   certify  to  the  State
23    Superintendent of Education the report of claims due for such
24    tuition payments on or before July 31. Failure on the part of
25    the school board to  certify  its  claim  on  July  31  shall
26    constitute  a  forfeiture by the district of its right to the
27    payment of any such tuition claim for the school  year.   The
28    State   Superintendent   of   Education   shall   direct  the
29    Comptroller to pay to the district, on or before  August  15,
30    the amount due the district for the school year in accordance
31    with  the  calculation  of  the  claim  as  set forth in this
32    Section.
33        Claims for tuition for children from any home for orphans
34    or dependent, abandoned, or  maladjusted  children  beginning
 
SB1333 Enrolled             -10-     LRB093 02175 NHT 10908 b
 1    with  the  1993-1994  school  year shall be paid on a current
 2    year basis.  On September 30, December 31, and March 31,  the
 3    State Board of Education shall voucher payments for districts
 4    with  those  students  based  on an estimated cost calculated
 5    from the prior year's claim.  Final claims for those students
 6    for the regular school term and summer term must be  received
 7    at  the State Board of Education by July 31 following the end
 8    of the regular school year.  Final claims for those  students
 9    shall  be  vouchered  by  August 15.  During fiscal year 1994
10    both the 1992-1993 school year and the 1993-1994 school  year
11    shall  be paid in order to change the cycle of payment from a
12    reimbursement basis  to  a  current  year  funding  basis  of
13    payment.   However,  notwithstanding  any other provisions of
14    this Section or the School Code, beginning with  fiscal  year
15    1994  and  each  fiscal  year  thereafter through fiscal year
16    2002, if the amount appropriated for any fiscal year is  less
17    than  the  amount  required for purposes of this Section, the
18    amount required to eliminate any  insufficient  reimbursement
19    for   each   district  claim  under  this  Section  shall  be
20    reimbursed on August 30 of the next  fiscal  year.,  and  the
21    Payments  required  to  eliminate any insufficiency for prior
22    fiscal year claims shall be made before any claims  are  paid
23    for  the  current  fiscal  year.   Notwithstanding  any other
24    provision of this Section or this Code, beginning with fiscal
25    year 2003, total reimbursement  under  this  Section  in  any
26    fiscal  year  is  limited to the amount appropriated for that
27    purpose for that fiscal year, and if the amount  appropriated
28    for  any  fiscal  year  is  less than the amount required for
29    purposes  of  this  Section,  the  insufficiency   shall   be
30    apportioned  pro  rata  among  the  school  districts seeking
31    reimbursement.
32        If a school district  makes  a  claim  for  reimbursement
33    under  Section  18-4  or  14-7.03 it shall not include in any
34    claim filed under  this  Section  children  residing  on  the
 
SB1333 Enrolled             -11-     LRB093 02175 NHT 10908 b
 1    property  of  State  institutions included in its claim under
 2    Section 18-4 or 14-7.03.
 3        Any child who is not a resident of Illinois who is placed
 4    in a  child  welfare  institution,  private  facility,  State
 5    operated program, orphanage or children's home shall have the
 6    payment  for his educational tuition and any related services
 7    assured by the placing agent.
 8        In order to  provide  services  appropriate  to  allow  a
 9    student  under the legal guardianship or custodianship of the
10    State to participate in  local  school  district  educational
11    programs,  costs  may be incurred in appropriate cases by the
12    district that are in excess of 1.2  times  the  district  per
13    capita  tuition  charge  allowed under the provisions of this
14    Section.  In the event such excess costs are  incurred,  they
15    must  be documented in accordance with cost rules established
16    under the authority of this Section and may then  be  claimed
17    for reimbursement under this Section.
18        Planned  services  for students eligible for this funding
19    must be a collaborative effort between the appropriate  State
20    agency  or  the  student's  group home or institution and the
21    local school district.
22    (Source:  P.A.  91-764,  eff.  6-9-00;  92-94,  eff.  1-1-02;
23    92-597, eff. 7-1-02.)

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.