Illinois General Assembly - Full Text of SB0517
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Full Text of SB0517  102nd General Assembly


Sen. Meg Loughran Cappel

Filed: 4/16/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 517, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The School Code is amended by changing
6Sections 14-1.08 and 14-7.02 and by adding Section 14-1.08a as
8    (105 ILCS 5/14-1.08)  (from Ch. 122, par. 14-1.08)
9    Sec. 14-1.08. Special educational facilities and services.
10"Special educational facilities and services" includes special
11schools, special classes, special housing, including
12residential facilities, separate public special education day
13schools as part of the pilot program under Section 14-1.08a,
14special instruction, special reader service, braillists and
15typists for children with visual disabilities, sign language
16interpreters, transportation, maintenance, instructional



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1material, therapy, professional consultant services, medical
2services only for diagnostic and evaluation purposes provided
3by a physician licensed to practice medicine in all its
4branches to determine a child's need for special education and
5related services, psychological services, school social worker
6services, special administrative services, salaries of all
7required special personnel, and other special educational
8services, including special equipment for use in the
9classroom, required by the child because of his disability if
10such services or special equipment are approved by the State
11Superintendent of Education and the child is eligible therefor
12under this Article and the regulations of the State Board of
14(Source: P.A. 89-397, eff. 8-20-95.)
15    (105 ILCS 5/14-1.08a new)
16    Sec. 14-1.08a. Separate public special education day
17school. "Separate public special education day school" means a
18separate public special education program or facility
19established by a school district or special education
20cooperative that is selected to participate in the pilot
21program under this Section.
22    The State Board of Education shall select 25 applicants to
23participate in a pilot program that allows program
24participants to be included under Sections 14-1.08 and 14-7.02
25during the 2021-2022 and 2022-2023 school years. A separate



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1public special education program or facility is eligible to be
2selected as a program participant if the separate public
3special education program or facility is established
4exclusively to meet the needs of special education students
5who cannot be educated in the general school environment and
6provides services comparable to a private special education
8    The State Board of Education shall adopt rules to
9implement and administer this Section.
10    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
11    Sec. 14-7.02. Children attending private schools, public
12out-of-state schools, public school residential facilities or
13private special education facilities. The General Assembly
14recognizes that non-public schools or special education
15facilities provide an important service in the educational
16system in Illinois.
17    If because of his or her disability the special education
18program of a district is unable to meet the needs of a child
19and the child attends a non-public school or special education
20facility, a public out-of-state school or a special education
21facility owned and operated by a county government unit that
22provides special educational services required by the child
23and is in compliance with the appropriate rules and
24regulations of the State Superintendent of Education, the
25school district in which the child is a resident shall pay the



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1actual cost of tuition for special education and related
2services, including special education and related services
3provided by a separate public special education day school as
4part of the pilot program under Section 14-1.08a, provided
5during the regular school term and during the summer school
6term if the child's educational needs so require, excluding
7room, board and transportation costs charged the child by that
8non-public school or special education facility, public
9out-of-state school or county special education facility, or
10$4,500 per year, whichever is less, and shall provide him any
11necessary transportation. "Nonpublic special education
12facility" shall include a residential facility, within or
13without the State of Illinois, which provides special
14education and related services to meet the needs of the child
15by utilizing private schools or public schools, whether
16located on the site or off the site of the residential
18    The State Board of Education shall promulgate rules and
19regulations for determining when placement in a private
20special education facility is appropriate. Such rules and
21regulations shall take into account the various types of
22services needed by a child and the availability of such
23services to the particular child in the public school. In
24developing these rules and regulations the State Board of
25Education shall consult with the Advisory Council on Education
26of Children with Disabilities and hold public hearings to



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1secure recommendations from parents, school personnel, and
2others concerned about this matter.
3    The State Board of Education shall also promulgate rules
4and regulations for transportation to and from a residential
5school. Transportation to and from home to a residential
6school more than once each school term shall be subject to
7prior approval by the State Superintendent in accordance with
8the rules and regulations of the State Board.
9    A school district making tuition payments pursuant to this
10Section is eligible for reimbursement from the State for the
11amount of such payments actually made in excess of the
12district per capita tuition charge for students not receiving
13special education services. Such reimbursement shall be
14approved in accordance with Section 14-12.01 and each district
15shall file its claims, computed in accordance with rules
16prescribed by the State Board of Education, on forms
17prescribed by the State Superintendent of Education. Data used
18as a basis of reimbursement claims shall be for the preceding
19regular school term and summer school term. Each school
20district shall transmit its claims to the State Board of
21Education on or before August 15. The State Board of
22Education, before approving any such claims, shall determine
23their accuracy and whether they are based upon services and
24facilities provided under approved programs. Upon approval the
25State Board shall cause vouchers to be prepared showing the
26amount due for payment of reimbursement claims to school



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1districts, for transmittal to the State Comptroller on the
230th day of September, December, and March, respectively, and
3the final voucher, no later than June 20. If the money
4appropriated by the General Assembly for such purpose for any
5year is insufficient, it shall be apportioned on the basis of
6the claims approved.
7    No child shall be placed in a special education program
8pursuant to this Section if the tuition cost for special
9education and related services increases more than 10 percent
10over the tuition cost for the previous school year or exceeds
11$4,500 per year unless such costs have been approved by the
12Illinois Purchased Care Review Board. The Illinois Purchased
13Care Review Board shall consist of the following persons, or
14their designees: the Directors of Children and Family
15Services, Public Health, Public Aid, and the Governor's Office
16of Management and Budget; the Secretary of Human Services; the
17State Superintendent of Education; and such other persons as
18the Governor may designate. The Review Board shall also
19consist of one non-voting member who is an administrator of a
20private, nonpublic, special education school. The Review Board
21shall establish rules and regulations for its determination of
22allowable costs and payments made by local school districts
23for special education, room and board, and other related
24services provided by non-public schools or special education
25facilities and shall establish uniform standards and criteria
26which it shall follow. The Review Board shall approve the



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1usual and customary rate or rates of a special education
2program that (i) is offered by an out-of-state, non-public
3provider of integrated autism specific educational and autism
4specific residential services, (ii) offers 2 or more levels of
5residential care, including at least one locked facility, and
6(iii) serves 12 or fewer Illinois students.
7    In determining rates based on allowable costs, the Review
8Board shall consider any wage increases awarded by the General
9Assembly to front line personnel defined as direct support
10persons, aides, front-line supervisors, qualified intellectual
11disabilities professionals, nurses, and non-administrative
12support staff working in service settings in community-based
13settings within the State and adjust customary rates or rates
14of a special education program to be equitable to the wage
15increase awarded to similar staff positions in a community
16residential setting. Any wage increase awarded by the General
17Assembly to front line personnel defined as direct support
18persons, aides, front-line supervisors, qualified intellectual
19disabilities professionals, nurses, and non-administrative
20support staff working in community-based settings within the
21State, including the $0.75 per hour increase contained in
22Public Act 100-23 and the $0.50 per hour increase included in
23Public Act 100-23, shall also be a basis for any facility
24covered by this Section to appeal its rate before the Review
25Board under the process defined in Title 89, Part 900, Section
26340 of the Illinois Administrative Code. Illinois



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1Administrative Code Title 89, Part 900, Section 342 shall be
2updated to recognize wage increases awarded to community-based
3settings to be a basis for appeal. However, any wage increase
4that is captured upon appeal from a previous year shall not be
5counted by the Review Board as revenue for the purpose of
6calculating a facility's future rate.
7    Any definition used by the Review Board in administrative
8rule or policy to define "related organizations" shall include
9any and all exceptions contained in federal law or regulation
10as it pertains to the federal definition of "related
12    The Review Board shall establish uniform definitions and
13criteria for accounting separately by special education, room
14and board and other related services costs. The Board shall
15also establish guidelines for the coordination of services and
16financial assistance provided by all State agencies to assure
17that no otherwise qualified child with a disability receiving
18services under Article 14 shall be excluded from participation
19in, be denied the benefits of or be subjected to
20discrimination under any program or activity provided by any
21State agency.
22    The Review Board shall review the costs for special
23education and related services provided by non-public schools
24or special education facilities and shall approve or
25disapprove such facilities in accordance with the rules and
26regulations established by it with respect to allowable costs.



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1    The State Board of Education shall provide administrative
2and staff support for the Review Board as deemed reasonable by
3the State Superintendent of Education. This support shall not
4include travel expenses or other compensation for any Review
5Board member other than the State Superintendent of Education.
6    The Review Board shall seek the advice of the Advisory
7Council on Education of Children with Disabilities on the
8rules and regulations to be promulgated by it relative to
9providing special education services.
10    If a child has been placed in a program in which the actual
11per pupil costs of tuition for special education and related
12services based on program enrollment, excluding room, board
13and transportation costs, exceed $4,500 and such costs have
14been approved by the Review Board, the district shall pay such
15total costs which exceed $4,500. A district making such
16tuition payments in excess of $4,500 pursuant to this Section
17shall be responsible for an amount in excess of $4,500 equal to
18the district per capita tuition charge and shall be eligible
19for reimbursement from the State for the amount of such
20payments actually made in excess of the districts per capita
21tuition charge for students not receiving special education
23    If a child has been placed in an approved individual
24program and the tuition costs including room and board costs
25have been approved by the Review Board, then such room and
26board costs shall be paid by the appropriate State agency



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1subject to the provisions of Section 14-8.01 of this Act. Room
2and board costs not provided by a State agency other than the
3State Board of Education shall be provided by the State Board
4of Education on a current basis. In no event, however, shall
5the State's liability for funding of these tuition costs begin
6until after the legal obligations of third party payors have
7been subtracted from such costs. If the money appropriated by
8the General Assembly for such purpose for any year is
9insufficient, it shall be apportioned on the basis of the
10claims approved. Each district shall submit estimated claims
11to the State Superintendent of Education. Upon approval of
12such claims, the State Superintendent of Education shall
13direct the State Comptroller to make payments on a monthly
14basis. The frequency for submitting estimated claims and the
15method of determining payment shall be prescribed in rules and
16regulations adopted by the State Board of Education. Such
17current state reimbursement shall be reduced by an amount
18equal to the proceeds which the child or child's parents are
19eligible to receive under any public or private insurance or
20assistance program. Nothing in this Section shall be construed
21as relieving an insurer or similar third party from an
22otherwise valid obligation to provide or to pay for services
23provided to a child with a disability.
24    If it otherwise qualifies, a school district is eligible
25for the transportation reimbursement under Section 14-13.01
26and for the reimbursement of tuition payments under this



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1Section whether the non-public school or special education
2facility, public out-of-state school or county special
3education facility, attended by a child who resides in that
4district and requires special educational services, is within
5or outside of the State of Illinois. However, a district is not
6eligible to claim transportation reimbursement under this
7Section unless the district certifies to the State
8Superintendent of Education that the district is unable to
9provide special educational services required by the child for
10the current school year.
11    Nothing in this Section authorizes the reimbursement of a
12school district for the amount paid for tuition of a child
13attending a non-public school or special education facility,
14public out-of-state school or county special education
15facility unless the school district certifies to the State
16Superintendent of Education that the special education program
17of that district is unable to meet the needs of that child
18because of his disability and the State Superintendent of
19Education finds that the school district is in substantial
20compliance with Section 14-4.01. However, if a child is
21unilaterally placed by a State agency or any court in a
22non-public school or special education facility, public
23out-of-state school, or county special education facility, a
24school district shall not be required to certify to the State
25Superintendent of Education, for the purpose of tuition
26reimbursement, that the special education program of that



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1district is unable to meet the needs of a child because of his
2or her disability.
3    Any educational or related services provided, pursuant to
4this Section in a non-public school or special education
5facility or a special education facility owned and operated by
6a county government unit shall be at no cost to the parent or
7guardian of the child. However, current law and practices
8relative to contributions by parents or guardians for costs
9other than educational or related services are not affected by
10this amendatory Act of 1978.
11    Reimbursement for children attending public school
12residential facilities shall be made in accordance with the
13provisions of this Section.
14    Notwithstanding any other provision of law, any school
15district receiving a payment under this Section or under
16Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
17all or a portion of the funds that it receives in a particular
18fiscal year or from general State aid pursuant to Section
1918-8.05 of this Code as funds received in connection with any
20funding program for which it is entitled to receive funds from
21the State in that fiscal year (including, without limitation,
22any funding program referenced in this Section), regardless of
23the source or timing of the receipt. The district may not
24classify more funds as funds received in connection with the
25funding program than the district is entitled to receive in
26that fiscal year for that program. Any classification by a



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1district must be made by a resolution of its board of
2education. The resolution must identify the amount of any
3payments or general State aid to be classified under this
4paragraph and must specify the funding program to which the
5funds are to be treated as received in connection therewith.
6This resolution is controlling as to the classification of
7funds referenced therein. A certified copy of the resolution
8must be sent to the State Superintendent of Education. The
9resolution shall still take effect even though a copy of the
10resolution has not been sent to the State Superintendent of
11Education in a timely manner. No classification under this
12paragraph by a district shall affect the total amount or
13timing of money the district is entitled to receive under this
14Code. No classification under this paragraph by a district
15shall in any way relieve the district from or affect any
16requirements that otherwise would apply with respect to that
17funding program, including any accounting of funds by source,
18reporting expenditures by original source and purpose,
19reporting requirements, or requirements of providing services.
20(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".