Full Text of HB3347 99th General Assembly
HB3347 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3347 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/14-13.01 | from Ch. 122, par. 14-13.01 |
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Amends the Children With Disabilities Article of the Education Code. Makes a technical change in the Section concerning reimbursement payable by the State.
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| | A BILL FOR |
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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 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 be unable to attend school, | 18 | | and instead must be instructed at home or in the hospital, for | 19 | | a period of 2 or more consecutive weeks or on an ongoing | 20 | | intermittent basis. For purposes of this Section, "ongoing | 21 | | intermittent basis" means that the child's medical condition is | 22 | | of such a nature or severity that it is anticipated that the | 23 | | child will be absent from school due to the medical condition |
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| 1 | | for periods of at least 2 days at a time multiple times during | 2 | | the school year totaling at least 10 days or more of absences. | 3 | | There shall be no requirement that a child be absent from | 4 | | school a minimum number of days before the child qualifies for | 5 | | home or hospital instruction. In order to establish eligibility | 6 | | for home or hospital services, a student's parent or guardian | 7 | | must submit to the child's school district of residence a | 8 | | written statement from a physician licensed to practice | 9 | | medicine in all of its branches stating the existence of such | 10 | | medical condition, the impact on the child's ability to | 11 | | participate in education, and the anticipated duration or | 12 | | nature of the child's absence from school. Home or hospital | 13 | | instruction may commence upon receipt of a written physician's | 14 | | statement in accordance with this Section, but instruction | 15 | | shall commence not later than 5 school days after the school | 16 | | district receives the physician's statement. Special education | 17 | | and related services required by the child's IEP or services | 18 | | and accommodations required by the child's federal Section 504 | 19 | | plan must be implemented as part of the child's home or | 20 | | hospital instruction, unless the IEP team or federal Section | 21 | | 504 plan team determines that modifications are necessary | 22 | | during the home or hospital instruction due to the child's | 23 | | condition. Eligible children
to be included in any | 24 | | reimbursement under this paragraph must regularly
receive a | 25 | | minimum of one hour of instruction each school day, or in lieu
| 26 | | thereof of a minimum of 5 hours of instruction in each school |
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| 1 | | week in
order to qualify for full reimbursement under this | 2 | | Section. If the
attending physician for such a child has | 3 | | certified that the child should
not receive as many as 5 hours | 4 | | of instruction in a school week, however,
reimbursement under | 5 | | this paragraph on account of that child shall be
computed | 6 | | proportionate to the actual hours of instruction per week for
| 7 | | that child divided by 5. The State Board of Education shall | 8 | | establish rules governing the required qualifications of staff | 9 | | providing home or hospital instruction.
| 10 | | (b) For children described in Section 14-1.02, 80% of the | 11 | | cost of
transportation approved as a related service in the | 12 | | Individualized Education Program for each student
in order to | 13 | | take advantage of special educational facilities.
| 14 | | Transportation costs shall be determined in the same fashion as | 15 | | provided
in Section 29-5. For purposes of this subsection (b), | 16 | | the dates for
processing claims specified in Section 29-5 shall | 17 | | apply.
| 18 | | (c) For each qualified worker, the annual sum of
$9,000.
| 19 | | (d) For one full time qualified director of the special | 20 | | education
program of each school district which maintains a | 21 | | fully approved program
of special education the annual sum of | 22 | | $9,000. Districts participating in a joint agreement special
| 23 | | education program shall not receive such reimbursement if | 24 | | reimbursement is made
for a director of the joint agreement | 25 | | program.
| 26 | | (e) (Blank).
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| 1 | | (f) (Blank).
| 2 | | (g) For readers, working with blind or partially seeing | 3 | | children 1/2
of their salary but not more than $400 annually | 4 | | per child. Readers may
be employed to assist such children and | 5 | | shall not be required to be
certified but prior to employment | 6 | | shall meet standards set up by the
State Board of Education.
| 7 | | (h) For non-certified employees, as defined by rules | 8 | | promulgated by the State Board of Education, who deliver | 9 | | services to students with IEPs, 1/2 of the salary paid or
| 10 | | $3,500 per employee, whichever is less.
| 11 | | The State Board of Education shall set standards and | 12 | | prescribe rules
for determining the allocation of | 13 | | reimbursement under this section on
less than a full time basis | 14 | | and for less than a school year.
| 15 | | When any school district eligible for reimbursement under | 16 | | this
Section operates a school or program approved by the State
| 17 | | Superintendent of Education for a number of days in excess of | 18 | | the
adopted school calendar but not to exceed 235 school days, | 19 | | such
reimbursement shall be increased by 1/180 of the amount or | 20 | | rate paid
hereunder for each day such school is operated in | 21 | | excess of 180 days per
calendar year.
| 22 | | Notwithstanding any other provision of law, any school | 23 | | district receiving
a payment under this Section or under | 24 | | Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify | 25 | | all or a portion of the funds that it receives
in a particular | 26 | | fiscal year or from general State aid pursuant to Section
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| 1 | | 18-8.05 of this Code as
funds received in connection with any | 2 | | funding program for which it is
entitled to receive funds from | 3 | | the State in that fiscal year (including,
without limitation, | 4 | | any funding program referenced in this Section),
regardless of | 5 | | the source or timing of the receipt. The district may not
| 6 | | classify more funds as funds received in connection with the | 7 | | funding
program than the district is entitled to receive in | 8 | | that fiscal year for that
program. Any
classification by a | 9 | | district must be made by a resolution of its board of
| 10 | | education. The resolution must identify the amount of any | 11 | | payments or
general State aid to be classified under this | 12 | | paragraph and must specify
the funding program to which the | 13 | | funds are to be treated as received in
connection therewith. | 14 | | This resolution is controlling as to the
classification of | 15 | | funds referenced therein. A certified copy of the
resolution | 16 | | must be sent to the State Superintendent of Education.
The | 17 | | resolution shall still take effect even though a copy of the | 18 | | resolution has
not been sent to the State
Superintendent of | 19 | | Education in a timely manner.
No
classification under this | 20 | | paragraph by a district shall affect the total amount
or timing | 21 | | of money the district is entitled to receive under this Code.
| 22 | | No classification under this paragraph by a district shall
in | 23 | | any way relieve the district from or affect any
requirements | 24 | | that otherwise would apply with respect to
that funding | 25 | | program, including any
accounting of funds by source, reporting | 26 | | expenditures by
original source and purpose,
reporting |
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| 1 | | requirements,
or requirements of providing services.
| 2 | | (Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)
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