Full Text of HB1141 95th General Assembly
HB1141enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 21-29 as follows: | 6 |
| (105 ILCS 5/21-29)
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| Sec. 21-29. Salary Incentive Program for Hard-to-Staff | 8 |
| Schools. | 9 |
| (a) The Salary Incentive Program for Hard-to-Staff Schools | 10 |
| is established to provide categorical funding for monetary | 11 |
| incentives and bonuses for teachers and school administrators | 12 |
| who are employed by school districts in schools designated as | 13 |
| hard-to-staff by the State Board of Education. | 14 |
| For the purposes of this Section, "hard-to-staff school" | 15 |
| means an elementary, middle, or high school that is operated by | 16 |
| a school district and that ranks in the top 5% of schools in | 17 |
| this State in the average rate of teacher attrition over a | 18 |
| 5-year period. The State Board of Education shall allocate and | 19 |
| distribute to qualifying schools school districts an amount as | 20 |
| annually appropriated by the General Assembly for the Salary | 21 |
| Incentive Program for Hard-to-Staff Schools. The State Board of | 22 |
| Education's annual budget must set out by separate line item | 23 |
| the appropriation for the program. Only teachers and principals |
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| who work full time and for a full school year are eligible for | 2 |
| the incentives and bonuses. | 3 |
| (b) Unless otherwise provided by appropriation, each | 4 |
| school's school district's annual allocation under the Salary | 5 |
| Incentive Program for Hard-to-Staff Schools shall be the sum of | 6 |
| the following incentives and bonuses: | 7 |
| (1) An annual payment of $3,000 to be paid to each | 8 |
| certificated teacher employed as a school teacher by the a | 9 |
| school district. The school district shall distribute this | 10 |
| payment to each eligible teacher as a single payment or in | 11 |
| not more than 3 payments. | 12 |
| (2) An annual payment of $5,000 to each certificated | 13 |
| principal that is employed as a school principal by the a | 14 |
| school district. The school district shall distribute this | 15 |
| payment to each eligible principal as a single payment or | 16 |
| in not more than 3 payments. | 17 |
| If the appropriation in a given fiscal year is insufficient | 18 |
| to meet all needs under this Section, then claims under this | 19 |
| Section must be prorated proportionally. | 20 |
| (c) Each regional superintendent of schools shall provide | 21 |
| information about the Salary Incentive Program for | 22 |
| Hard-to-Staff Schools to each individual seeking to register or | 23 |
| renew a certificate.
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| (d) The State Board of Education, the Teachers' Retirement | 25 |
| System of the State of Illinois, and the Public School | 26 |
| Teachers' Pension and Retirement Fund of Chicago shall work |
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| together to validate data for the purposes of this Section as | 2 |
| necessary. | 3 |
| (Source: P.A. 95-707, eff. 1-11-08.) | 4 |
| Section 10. If and only if Senate Bill 2042 of the 95th | 5 |
| General Assembly becomes law, the School Code is amended by | 6 |
| changing Sections 10-20.12a and 14-7.05 as follows:
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| (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
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| Sec. 10-20.12a. Tuition for non-resident pupils. | 9 |
| (a) To charge non-resident pupils who attend the schools of | 10 |
| the district
tuition in an amount not exceeding 110% of the per | 11 |
| capita
cost of maintaining the schools of the district for the | 12 |
| preceding school year.
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| Such per capita cost shall be computed by dividing the | 14 |
| total cost of
conducting and maintaining the schools of the | 15 |
| district by the average daily
attendance, including tuition | 16 |
| pupils. Depreciation on the buildings and
equipment of the | 17 |
| schools of the district, and the amount of annual
depreciation | 18 |
| on such buildings and equipment shall be dependent upon the
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| useful life of such property.
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| The tuition charged shall in no case exceed 110% of the per | 21 |
| capita
cost of conducting and maintaining the schools of the | 22 |
| district attended, as
determined
with reference to the most | 23 |
| recent audit prepared under Section 3-7 which is
available at | 24 |
| the commencement of the current school year.
Non-resident |
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| pupils attending the schools of the district
for less than the
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| school term shall have their tuition apportioned, however | 3 |
| pupils who become
non-resident during a school term shall not | 4 |
| be charged tuition for the
remainder of the school term in | 5 |
| which they became non-resident pupils.
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| (b) Unless otherwise agreed to by the parties involved and | 7 |
| where the
educational services are not otherwise provided for, | 8 |
| educational services
for an Illinois student under the age of | 9 |
| 21 (and not eligible for services pursuant to Article 14 of | 10 |
| this Code) in any residential program
shall be provided by
the | 11 |
| district in which the facility is located and financed as | 12 |
| follows. The
cost of educational services shall be paid by the | 13 |
| district in which the
student resides in an amount equal to the | 14 |
| cost of providing educational
services in the residential | 15 |
| facility. Payments shall be made by the district
of the | 16 |
| student's residence and shall be made to the district wherein | 17 |
| the
facility is located no less than once per month unless | 18 |
| otherwise agreed to
by the parties. | 19 |
| The funding provision of this subsection (b) applies to all | 20 |
| Illinois students under the age of 21 (and not eligible for | 21 |
| services pursuant to Article 14 of this Code) receiving | 22 |
| educational services in residential facilities, irrespective | 23 |
| of whether the student was placed therein pursuant to this Code | 24 |
| or the Juvenile Court Act of 1987 or by an Illinois public | 25 |
| agency or a court. Nothing in this Section shall be construed | 26 |
| to relieve the district of the student's residence of financial |
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| responsibility based on the manner in which the student was | 2 |
| placed at the facility. The changes to this subsection (b) made | 3 |
| by this amendatory Act of the 95th General Assembly apply to | 4 |
| all placements in effect on July 1, 2007 and all placements | 5 |
| thereafter. For purposes of this subsection (b), a student's | 6 |
| district of residence shall be determined in accordance with | 7 |
| subsection (a) of Section 10-20.12b of this Code. The placement | 8 |
| of a student in a residential facility shall not affect the | 9 |
| residency of the student. When a dispute arises over the | 10 |
| determination of the district of residence under this | 11 |
| subsection (b), any person or entity, including without | 12 |
| limitation a school district or residential facility, may make | 13 |
| a written request for a residency decision to the State | 14 |
| Superintendent of Education, who, upon review of materials | 15 |
| submitted and any other items or information he or she may | 16 |
| request for submission, shall issue his or her decision in | 17 |
| writing. The decision of the State Superintendent of Education | 18 |
| is final.
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| (Source: P.A. 89-397, eff. 8-20-95; 90-649, eff. 7-24-98; | 20 |
| 95SB2042enr.)
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| (105 ILCS 5/14-7.05)
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| Sec. 14-7.05. Placement in residential facility; payment | 23 |
| of educational costs. For any student with a disability in a | 24 |
| residential facility placement made or paid for by an Illinois | 25 |
| public State agency or made by any court in this State, the |
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| school district of residence as determined pursuant to this | 2 |
| Article is responsible for the costs of educating the child and | 3 |
| shall be reimbursed for those costs in accordance with this | 4 |
| Code. Subject to this Section and relevant State appropriation, | 5 |
| the resident district's financial responsibility and | 6 |
| reimbursement must be calculated in accordance with the | 7 |
| provisions of Section 14-7.02 of this Code. In those instances | 8 |
| in which a district receives a block grant pursuant to Article | 9 |
| 1D of this Code, the district's financial responsibility is | 10 |
| limited to the actual educational costs of the placement, which | 11 |
| must be paid by the district from its block grant | 12 |
| appropriation. Resident district financial responsibility and | 13 |
| reimbursement applies for both residential facilities that are | 14 |
| approved by the State Board of Education and non-approved | 15 |
| facilities, subject to the requirements of this Section. The | 16 |
| Illinois placing agency or court remains responsible for | 17 |
| funding the residential portion of the placement and for | 18 |
| notifying the resident district prior to the placement, except | 19 |
| in emergency situations. The residential facility in which the | 20 |
| student is placed shall notify the resident district of the | 21 |
| student's enrollment as soon as practicable after the | 22 |
| placement. Failure of the placing agency or court to notify the | 23 |
| resident district prior to the placement does not absolve the | 24 |
| resident district of financial responsibility for the | 25 |
| educational costs of the placement; however, the resident | 26 |
| district shall not become financially responsible unless and |
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| until it receives written notice of the placement by either the | 2 |
| placing agency, court, or residential facility. The placing | 3 |
| agency or parent shall request an individualized education | 4 |
| program (IEP) meeting from the resident district if the | 5 |
| placement would entail additional educational services beyond | 6 |
| the student's current IEP. The district of residence shall | 7 |
| retain control of the IEP process, and any changes to the IEP | 8 |
| must be done in compliance with the federal Individuals with | 9 |
| Disabilities Education Act. | 10 |
| Payments shall be made by the resident district to the | 11 |
| entity providing the educational services, whether the entity | 12 |
| is the residential facility or the school district wherein the | 13 |
| facility is located, no less than once per quarter unless | 14 |
| otherwise agreed to in writing by the parties. | 15 |
| A residential facility providing educational services | 16 |
| within the facility, but not approved by the State Board of | 17 |
| Education, is required to demonstrate proof to the State Board | 18 |
| of (i) appropriate certification of teachers for the student | 19 |
| population, (ii) age-appropriate curriculum, (iii) enrollment | 20 |
| and attendance data, and (iv) the ability to implement the | 21 |
| child's IEP. A school district is under no obligation to pay | 22 |
| such a residential facility unless and until such proof is | 23 |
| provided to the State Board's satisfaction. | 24 |
| When a dispute arises over the determination of the | 25 |
| district of residence under this Section, any person or entity, | 26 |
| including without limitation a school district or residential |
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| facility, may make a written request for a residency decision | 2 |
| to the State Superintendent of Education, who, upon review of | 3 |
| materials submitted and any other items of information he or | 4 |
| she may request for submission, shall issue his or her decision | 5 |
| in writing. The decision of the State Superintendent of | 6 |
| Education is final.
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| (Source: 95SB2042enr.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law, except that Section 10 takes effect upon becoming | 10 |
| law or on the effective date of Senate Bill 2042 of the 95th | 11 |
| General Assembly, whichever is later.
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