Full Text of HB1190 96th General Assembly
HB1190enr 96TH GENERAL ASSEMBLY
|
|
|
HB1190 Enrolled |
|
LRB096 03443 NHT 13467 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 Sections | 5 |
| 14-1.10 and 14-13.01 as follows:
| 6 |
| (105 ILCS 5/14-1.10) (from Ch. 122, par. 14-1.10)
| 7 |
| Sec. 14-1.10. Qualified Professional worker. " Qualified | 8 |
| Professional worker" means a trained specialist and includes a | 9 |
| behavior analyst, certificated school nurse, professional | 10 |
| consultant, registered therapist, school nurse intern, school | 11 |
| counselor, school counselor intern, school psychologist, | 12 |
| school psychologist intern, school social worker, school | 13 |
| social worker intern, special administrator or supervisor | 14 |
| giving full time to special education, speech language | 15 |
| pathologist, speech language pathologist intern, and teacher | 16 |
| of students with IEPs who meets the requirements of this | 17 |
| Article, who has the required special training in the | 18 |
| understandings, techniques, and special instructional | 19 |
| strategies for children with disabilities and who delivers | 20 |
| services to students with IEPs, and any other trained | 21 |
| specialist set forth by the State Board of Education in rules. , | 22 |
| and is
limited to speech correctionist, school social worker, | 23 |
| school counselor, school
psychologist, psychologist intern, |
|
|
|
HB1190 Enrolled |
- 2 - |
LRB096 03443 NHT 13467 b |
|
| 1 |
| school nurse intern, school social
worker intern, school | 2 |
| counselor intern, certificated school nurse, special
| 3 |
| administrator intern, registered therapist, professional | 4 |
| consultant,
special administrator or supervisor giving full | 5 |
| time to special
education, behavior analyst, and teacher of any | 6 |
| class or program defined in this Article
who meets the | 7 |
| requirements of this Article, who has the required special
| 8 |
| training in the understandings, techniques, and special | 9 |
| methods of
instruction for children who because of their | 10 |
| disabling
conditions
are placed in any program provided for in | 11 |
| this Article, and who works in
such program.
| 12 |
| (Source: P.A. 94-948, eff. 1-1-07; 95-363, eff. 8-23-07.)
| 13 |
| (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
| 14 |
| Sec. 14-13.01. Reimbursement payable by State; amounts for | 15 |
| personnel and transportation Amounts . Reimbursement for | 16 |
| furnishing special educational facilities in a
recognized | 17 |
| school to the type of children defined in Section 14-1.02
shall | 18 |
| be paid to the school districts in accordance with Section | 19 |
| 14-12.01
for each school year ending June 30 by the State | 20 |
| Comptroller out of any money
in the treasury appropriated for | 21 |
| such purposes on the presentation of vouchers
by the State | 22 |
| Board of Education.
| 23 |
| The reimbursement shall be limited to funds expended for | 24 |
| construction
and maintenance of special education facilities | 25 |
| designed and utilized to
house instructional programs, |
|
|
|
HB1190 Enrolled |
- 3 - |
LRB096 03443 NHT 13467 b |
|
| 1 |
| diagnostic services, other special
education services for | 2 |
| children with disabilities and
reimbursement as
provided in | 3 |
| Section 14-13.01. There shall be no reimbursement for
| 4 |
| construction and maintenance of any administrative facility | 5 |
| separated
from special education facilities designed and | 6 |
| utilized to house
instructional programs, diagnostic services | 7 |
| and other special education
services for children with | 8 |
| disabilities.
| 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 |
| $8,000 per teacher for the 1985-1986 school year through the | 16 |
| 2005-2006 school year and $1,000 per child or $9,000 per | 17 |
| teacher for the 2006-2007 school year and for each school year
| 18 |
| thereafter , whichever is less. To qualify for home or hospital | 19 |
| instruction, a child must, due to a medical condition, be | 20 |
| unable to attend school, and instead must be instructed at home | 21 |
| or in the hospital, for a period of 2 or more consecutive weeks | 22 |
| or on an ongoing intermittent basis. In order to establish | 23 |
| eligibility for home or hospital services, a student's parent | 24 |
| or guardian must submit to the child's school district of | 25 |
| residence a written statement from a physician licensed to | 26 |
| practice medicine in all of its branches stating the existence |
|
|
|
HB1190 Enrolled |
- 4 - |
LRB096 03443 NHT 13467 b |
|
| 1 |
| of such medical condition, the impact on the child's ability to | 2 |
| participate in education, and the anticipated duration or | 3 |
| nature of the child's absence from school. Eligible children | 4 |
| Children
to be included in any reimbursement under this | 5 |
| paragraph must regularly
receive a minimum of one hour of | 6 |
| instruction each school day, or in lieu
thereof of a minimum of | 7 |
| 5 hours of instruction in each school week in
order to qualify | 8 |
| for full reimbursement under this Section. If the
attending | 9 |
| physician for such a child has certified that the child should
| 10 |
| not receive as many as 5 hours of instruction in a school week, | 11 |
| however,
reimbursement under this paragraph on account of that | 12 |
| child shall be
computed proportionate to the actual hours of | 13 |
| instruction per week for
that child divided by 5. The State | 14 |
| Board of Education shall establish rules governing the required | 15 |
| qualifications of staff providing home or hospital | 16 |
| instruction.
| 17 |
| (b) For children described in Section 14-1.02, 80% 4/5 of | 18 |
| the cost of
transportation approved as a related service in the | 19 |
| Individualized Education Program for each student for each such | 20 |
| child, whom the State Superintendent of
Education determined in | 21 |
| advance requires special transportation service
in order to | 22 |
| take advantage of special educational facilities.
| 23 |
| Transportation costs shall be determined in the same fashion as | 24 |
| provided
in Section 29-5. For purposes of this subsection (b), | 25 |
| the dates for
processing claims specified in Section 29-5 shall | 26 |
| apply.
|
|
|
|
HB1190 Enrolled |
- 5 - |
LRB096 03443 NHT 13467 b |
|
| 1 |
| (c) For each qualified professional worker excluding those | 2 |
| included in
subparagraphs (a), (d), (e), and (f) of this | 3 |
| Section , the annual sum of
$8,000 for the 1985-1986 school year | 4 |
| through the 2005-2006 school year and $9,000 for the 2006-2007 | 5 |
| school year and for each school year thereafter .
| 6 |
| (d) For one full time qualified director of the special | 7 |
| education
program of each school district which maintains a | 8 |
| fully approved program
of special education the annual sum of | 9 |
| $8,000 for the 1985-1986 school
year through the 2005-2006 | 10 |
| school year and $9,000 for the 2006-2007 school year and for | 11 |
| each school year thereafter . Districts participating in a joint | 12 |
| agreement special
education program shall not receive such | 13 |
| reimbursement if reimbursement is made
for a director of the | 14 |
| joint agreement program.
| 15 |
| (e) (Blank). For each school psychologist as defined in | 16 |
| Section 14-1.09 the
annual sum of $8,000 for the 1985-1986 | 17 |
| school year through the 2005-2006 school year and $9,000 for | 18 |
| the 2006-2007 school year and for each school year thereafter.
| 19 |
| (f) (Blank). For each qualified teacher working in a fully | 20 |
| approved program
for children of preschool age who are deaf or | 21 |
| hard-of-hearing the annual
sum of $8,000 for the 1985-1986 | 22 |
| school year through the 2005-2006 school year and $9,000 for | 23 |
| the 2006-2007 school year and for each school year thereafter.
| 24 |
| (g) For readers, working with blind or partially seeing | 25 |
| children 1/2
of their salary but not more than $400 annually | 26 |
| per child. Readers may
be employed to assist such children and |
|
|
|
HB1190 Enrolled |
- 6 - |
LRB096 03443 NHT 13467 b |
|
| 1 |
| shall not be required to be
certified but prior to employment | 2 |
| shall meet standards set up by the
State Board of Education.
| 3 |
| (h) For necessary non-certified employees , as defined by | 4 |
| rules promulgated by the State Board of Education, who deliver | 5 |
| services to students with IEPs working in any class or
program | 6 |
| for children defined in this Article , 1/2 of the salary paid or
| 7 |
| $2,800 annually per employee through the 2005-2006 school year | 8 |
| and $3,500 per employee for the 2006-2007 school year and for | 9 |
| each school year thereafter , whichever is less.
| 10 |
| The State Board of Education shall set standards and | 11 |
| prescribe rules
for determining the allocation of | 12 |
| reimbursement under this section on
less than a full time basis | 13 |
| and for less than a school year.
| 14 |
| When any school district eligible for reimbursement under | 15 |
| this
Section operates a school or program approved by the State
| 16 |
| Superintendent of Education for a number of days in excess of | 17 |
| the
adopted school calendar but not to exceed 235 school days, | 18 |
| such
reimbursement shall be increased by 1/180 of the amount or | 19 |
| rate paid
hereunder for each day such school is operated in | 20 |
| excess of 180 days per
calendar year.
| 21 |
| Notwithstanding any other provision of law, any school | 22 |
| district receiving
a payment under this Section or under | 23 |
| Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify | 24 |
| all or a portion of the funds that it receives
in a particular | 25 |
| fiscal year or from general State aid pursuant to Section
| 26 |
| 18-8.05 of this Code as
funds received in connection with any |
|
|
|
HB1190 Enrolled |
- 7 - |
LRB096 03443 NHT 13467 b |
|
| 1 |
| funding program for which it is
entitled to receive funds from | 2 |
| the State in that fiscal year (including,
without limitation, | 3 |
| any funding program referenced in this Section),
regardless of | 4 |
| the source or timing of the receipt. The district may not
| 5 |
| classify more funds as funds received in connection with the | 6 |
| funding
program than the district is entitled to receive in | 7 |
| that fiscal year for that
program. Any
classification by a | 8 |
| district must be made by a resolution of its board of
| 9 |
| education. The resolution must identify the amount of any | 10 |
| payments or
general State aid to be classified under this | 11 |
| paragraph and must specify
the funding program to which the | 12 |
| funds are to be treated as received in
connection therewith. | 13 |
| This resolution is controlling as to the
classification of | 14 |
| funds referenced therein. A certified copy of the
resolution | 15 |
| must be sent to the State Superintendent of Education.
The | 16 |
| resolution shall still take effect even though a copy of the | 17 |
| resolution has
not been sent to the State
Superintendent of | 18 |
| Education in a timely manner.
No
classification under this | 19 |
| paragraph by a district shall affect the total amount
or timing | 20 |
| of money the district is entitled to receive under this Code.
| 21 |
| No classification under this paragraph by a district shall
in | 22 |
| any way relieve the district from or affect any
requirements | 23 |
| that otherwise would apply with respect to
that funding | 24 |
| program, including any
accounting of funds by source, reporting | 25 |
| expenditures by
original source and purpose,
reporting | 26 |
| requirements,
or requirements of providing services.
|
|
|
|
HB1190 Enrolled |
- 8 - |
LRB096 03443 NHT 13467 b |
|
| 1 |
| (Source: P.A. 95-415, eff. 8-24-07; 95-707, eff. 1-11-08.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
|
|