Illinois General Assembly - Full Text of SB0577
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Full Text of SB0577  98th General Assembly

SB0577sam002 98TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 4/23/2013

 

 


 

 


 
09800SB0577sam002LRB098 04776 AMC 44892 a

1
AMENDMENT TO SENATE BILL 577

2    AMENDMENT NO. ______. Amend Senate Bill 577 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
514-7.02b as follows:
 
6    (105 ILCS 5/14-7.02b)
7    Sec. 14-7.02b. Funding for children requiring special
8education services. Payments to school districts for children
9requiring special education services documented in their
10individualized education program regardless of the program
11from which these services are received, excluding children
12claimed under Sections 14-7.02 and 14-7.03 of this Code, shall
13be made in accordance with this Section. Funds received under
14this Section may be used only for the provision of special
15educational facilities and services as defined in Section
1614-1.08 of this Code.

 

 

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1    The appropriation for fiscal year 2005 and thereafter shall
2be based upon the IDEA child count of all students in the
3State, excluding students claimed under Sections 14-7.02 and
414-7.03 of this Code, on December 1 of the fiscal year 2 years
5preceding, multiplied by 17.5% of the general State aid
6foundation level of support established for that fiscal year
7under Section 18-8.05 of this Code.
8    Beginning with fiscal year 2005 and through fiscal year
92007, individual school districts shall not receive payments
10under this Section totaling less than they received under the
11funding authorized under Section 14-7.02a of this Code during
12fiscal year 2004, pursuant to the provisions of Section
1314-7.02a as they were in effect before the effective date of
14this amendatory Act of the 93rd General Assembly. This base
15level funding shall be computed first.
16    Beginning with fiscal year 2008 and each fiscal year
17thereafter, individual school districts must not receive
18payments under this Section totaling less than they received in
19fiscal year 2007. This funding shall be computed last and shall
20be a separate calculation from any other calculation set forth
21in this Section. This amount is exempt from the requirements of
22Section 1D-1 of this Code. Beginning with fiscal year 2014 and
23each fiscal year thereafter, if the State authorizes the
24conduct of electronic gaming or authorizes owners licenses
25under the Riverboat Gambling Act in addition to the 10 initial
26licenses authorized under subsection (e) of Section 7 of the

 

 

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1Riverboat Gambling Act, $15,000,000 in gaming revenues
2deposited into the Education Assistance Fund from the State
3Gaming Fund shall be used by the State Board of Education for
4the purpose of making the hold harmless payments authorized in
5this paragraph.
6    An amount equal to 85% of the funds remaining in the
7appropriation shall be allocated to school districts based upon
8the district's average daily attendance reported for purposes
9of Section 18-8.05 of this Code for the preceding school year.
10Fifteen percent of the funds remaining in the appropriation
11shall be allocated to school districts based upon the
12district's low income eligible pupil count used in the
13calculation of general State aid under Section 18-8.05 of this
14Code for the same fiscal year. One hundred percent of the funds
15computed and allocated to districts under this Section shall be
16distributed and paid to school districts.
17    For individual students with disabilities whose program
18costs exceed 4 times the district's per capita tuition rate as
19calculated under Section 10-20.12a of this Code, the costs in
20excess of 4 times the district's per capita tuition rate shall
21be paid by the State Board of Education from unexpended IDEA
22discretionary funds originally designated for room and board
23reimbursement pursuant to Section 14-8.01 of this Code. The
24amount of tuition for these children shall be determined by the
25actual cost of maintaining classes for these children, using
26the per capita cost formula set forth in Section 14-7.01 of

 

 

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1this Code, with the program and cost being pre-approved by the
2State Superintendent of Education. Reimbursement for
3individual students with disabilities whose program costs
4exceed 4 times the district's per capita tuition rate shall be
5claimed beginning with costs encumbered for the 2004-2005
6school year and thereafter.
7    The State Board of Education shall prepare vouchers equal
8to one-fourth the amount allocated to districts, for
9transmittal to the State Comptroller on the 30th day of
10September, December, and March, respectively, and the final
11voucher, no later than June 20. The Comptroller shall make
12payments pursuant to this Section to school districts as soon
13as possible after receipt of vouchers. If the money
14appropriated from the General Assembly for such purposes for
15any year is insufficient, it shall be apportioned on the basis
16of the payments due to school districts.
17    Nothing in this Section shall be construed to decrease or
18increase the percentage of all special education funds that are
19allocated annually under Article 1D of this Code or to alter
20the requirement that a school district provide special
21education services.
22    Nothing in this amendatory Act of the 93rd General Assembly
23shall eliminate any reimbursement obligation owed as of the
24effective date of this amendatory Act of the 93rd General
25Assembly to a school district with in excess of 500,000
26inhabitants.

 

 

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1(Source: P.A. 93-1022, eff. 8-24-08. 95-705, eff. 1-8-08.)
 
2    Section 99. Effective date. This Act takes effect July 1,
32013.".