Full Text of HB1706 97th General Assembly
HB1706enr 97TH GENERAL ASSEMBLY |
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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 Section | 5 | | 14-13.01 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 | 8 | | personnel and transportation. | 9 | | (a) For staff working on behalf of children who have not | 10 | | been identified as eligible for special
education and for | 11 | | eligible children with physical
disabilities, including all
| 12 | | eligible children whose placement has been determined under | 13 | | Section 14-8.02 in
hospital or home instruction, 1/2 of the | 14 | | teacher's salary but not more than
$1,000 annually per child or | 15 | | $9,000 per teacher, whichever is less. A child qualifies for | 16 | | home or hospital instruction if it is anticipated that, due to | 17 | | a medical condition, the child will To qualify for home or | 18 | | hospital instruction, a child must, due to a medical condition, | 19 | | be unable to attend school, and instead must be instructed at | 20 | | home or in the hospital, for a period of 2 or more consecutive | 21 | | weeks or on an ongoing intermittent basis. For purposes of this | 22 | | Section, "ongoing intermittent basis" means that the child's | 23 | | medical condition is of such a nature or severity that it is |
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| 1 | | anticipated that the child will be absent from school due to | 2 | | the medical condition for periods of at least 2 days at a time | 3 | | multiple times during the school year totaling at least 10 days | 4 | | or more of absences. There shall be no requirement that a child | 5 | | be absent from school a minimum number of days before the child | 6 | | qualifies for home or hospital instruction. In order to | 7 | | establish eligibility for home or hospital services, a | 8 | | student's parent or guardian must submit to the child's school | 9 | | district of residence a written statement from a physician | 10 | | licensed to practice medicine in all of its branches stating | 11 | | the existence of such medical condition, the impact on the | 12 | | child's ability to participate in education, and the | 13 | | anticipated duration or nature of the child's absence from | 14 | | school. Home or hospital instruction may commence upon receipt | 15 | | of a written physician's statement in accordance with this | 16 | | Section, but instruction shall commence not later than 5 school | 17 | | days after the school district receives the physician's | 18 | | statement. Special education and related services required by | 19 | | the child's IEP or services and accommodations required by the | 20 | | child's federal Section 504 plan must be implemented as part of | 21 | | the child's home or hospital instruction, unless the IEP team | 22 | | or federal Section 504 plan team determines that modifications | 23 | | are necessary during the home or hospital instruction due to | 24 | | the child's condition. Eligible children
to be included in any | 25 | | reimbursement under this paragraph must regularly
receive a | 26 | | minimum of one hour of instruction each school day, or in lieu
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| 1 | | thereof of a minimum of 5 hours of instruction in each school | 2 | | week in
order to qualify for full reimbursement under this | 3 | | Section. If the
attending physician for such a child has | 4 | | certified that the child should
not receive as many as 5 hours | 5 | | of instruction in a school week, however,
reimbursement under | 6 | | this paragraph on account of that child shall be
computed | 7 | | proportionate to the actual hours of instruction per week for
| 8 | | that child divided by 5. The State Board of Education shall | 9 | | establish rules governing the required qualifications of staff | 10 | | providing home or hospital instruction.
| 11 | | (b) For children described in Section 14-1.02, 80% of the | 12 | | cost of
transportation approved as a related service in the | 13 | | Individualized Education Program for each student
in order to | 14 | | take advantage of special educational facilities.
| 15 | | Transportation costs shall be determined in the same fashion as | 16 | | provided
in Section 29-5. For purposes of this subsection (b), | 17 | | the dates for
processing claims specified in Section 29-5 shall | 18 | | apply.
| 19 | | (c) For each qualified worker, the annual sum of
$9,000.
| 20 | | (d) For one full time qualified director of the special | 21 | | education
program of each school district which maintains a | 22 | | fully approved program
of special education the annual sum of | 23 | | $9,000. Districts participating in a joint agreement special
| 24 | | education program shall not receive such reimbursement if | 25 | | reimbursement is made
for a director of the joint agreement | 26 | | program.
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| 1 | | (e) (Blank).
| 2 | | (f) (Blank).
| 3 | | (g) For readers, working with blind or partially seeing | 4 | | children 1/2
of their salary but not more than $400 annually | 5 | | per child. Readers may
be employed to assist such children and | 6 | | shall not be required to be
certified but prior to employment | 7 | | shall meet standards set up by the
State Board of Education.
| 8 | | (h) For non-certified employees, as defined by rules | 9 | | promulgated by the State Board of Education, who deliver | 10 | | services to students with IEPs, 1/2 of the salary paid or
| 11 | | $3,500 per employee, whichever is less.
| 12 | | The State Board of Education shall set standards and | 13 | | prescribe rules
for determining the allocation of | 14 | | reimbursement under this section on
less than a full time basis | 15 | | and for less than a school year.
| 16 | | When any school district eligible for reimbursement under | 17 | | this
Section operates a school or program approved by the State
| 18 | | Superintendent of Education for a number of days in excess of | 19 | | the
adopted school calendar but not to exceed 235 school days, | 20 | | such
reimbursement shall be increased by 1/180 of the amount or | 21 | | rate paid
hereunder for each day such school is operated in | 22 | | excess of 180 days per
calendar year.
| 23 | | Notwithstanding any other provision of law, any school | 24 | | district receiving
a payment under this Section or under | 25 | | Section 14-7.02, 14-7.02b, 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. 95-415, eff. 8-24-07; 95-707, eff. 1-11-08; | 4 | | 96-257, eff. 8-11-09.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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