Full Text of HB2406 100th General Assembly
HB2406 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2406 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/14-7.02b | | 105 ILCS 5/14-7.05 | | 105 ILCS 5/Art. 1D rep. | |
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Amends the School Code. Repeals the Block Grants for Chicago Article. Makes related changes. Effective July 1, 2017.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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 Sections | 5 | | 14-7.02b and 14-7.05 as follows: | 6 | | (105 ILCS 5/14-7.02b)
| 7 | | Sec. 14-7.02b. Funding for children requiring special | 8 | | education services.
Payments to school districts for children | 9 | | requiring
special education services documented in their | 10 | | individualized education
program regardless of the program | 11 | | from which these services are received,
excluding children | 12 | | claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
| 13 | | be made in accordance with this Section. Funds received under | 14 | | this Section
may be used only for the provision of special | 15 | | educational facilities and
services as defined in Section | 16 | | 14-1.08 of this Code.
| 17 | | The appropriation for fiscal year 2005 and thereafter shall | 18 | | be based upon
the IDEA child count of all students in the | 19 | | State, excluding students
claimed under Sections 14-7.02 and | 20 | | 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
| 21 | | preceding, multiplied by 17.5% of the general State aid
| 22 | | foundation level of support established for that fiscal year | 23 | | under Section
18-8.05 of
this Code.
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| 1 | | Beginning with fiscal year 2005 and through fiscal year | 2 | | 2007, individual school districts
shall not receive payments | 3 | | under this Section totaling less than they received
under the
| 4 | | funding authorized under Section 14-7.02a of this Code
during | 5 | | fiscal year 2004, pursuant to the provisions of Section | 6 | | 14-7.02a as they
were in effect before the effective date of | 7 | | this amendatory Act of the 93rd
General Assembly. This base | 8 | | level funding shall be computed first.
| 9 | | Beginning with fiscal year 2008 and each fiscal year | 10 | | thereafter, individual school districts must not receive | 11 | | payments under this Section totaling less than they received in | 12 | | fiscal year 2007. This funding shall be computed last and shall | 13 | | be a separate calculation from any other calculation set forth | 14 | | in this Section. This amount is exempt from the requirements of | 15 | | Section 1D-1 of this Code.
| 16 | | An amount equal to 85% of the funds remaining in the | 17 | | appropriation shall be allocated to school districts based upon | 18 | | the
district's average daily attendance reported for purposes | 19 | | of Section
18-8.05 of this Code for the preceding school year. | 20 | | Fifteen percent of the
funds
remaining in the appropriation
| 21 | | shall be allocated to school districts based upon the | 22 | | district's low income
eligible pupil count used in the | 23 | | calculation of general State aid under Section
18-8.05 of this | 24 | | Code for the same fiscal year. One hundred percent of the
funds
| 25 | | computed and allocated to districts under this Section shall be | 26 | | distributed and
paid to school districts.
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| 1 | | For individual
students with disabilities whose program | 2 | | costs exceed 4 times the
district's per capita tuition rate
as | 3 | | calculated under Section 10-20.12a of this Code, the costs in | 4 | | excess
of 4 times the district's per capita tuition rate shall | 5 | | be paid by the State
Board of Education from unexpended IDEA | 6 | | discretionary funds originally
designated for room and board | 7 | | reimbursement pursuant to Section
14-8.01 of this Code. The | 8 | | amount of tuition for these children shall be
determined by the | 9 | | actual cost of maintaining classes for these children,
using | 10 | | the per
capita cost formula set forth in Section 14-7.01 of | 11 | | this Code, with the
program and cost being pre-approved by the | 12 | | State Superintendent of
Education. Reimbursement for | 13 | | individual students with disabilities whose program costs | 14 | | exceed 4 times the district's per capita tuition rate shall be | 15 | | claimed beginning with costs encumbered for the 2004-2005 | 16 | | school year and thereafter.
| 17 | | The State Board of Education shall prepare vouchers equal | 18 | | to one-fourth the
amount allocated to districts, for | 19 | | transmittal
to the State Comptroller on the 30th day of | 20 | | September, December, and March,
respectively, and the final | 21 | | voucher, no later than June 20. The Comptroller
shall make | 22 | | payments pursuant to this Section to school districts as soon | 23 | | as possible after receipt of vouchers. If the money
| 24 | | appropriated from the General Assembly for such purposes for | 25 | | any year is
insufficient, it shall be apportioned on the basis | 26 | | of the payments due to
school districts.
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| 1 | | Nothing in this Section shall be construed to decrease or | 2 | | increase the
percentage of all special education funds that are | 3 | | allocated annually
under Article 1D of this Code
or to alter | 4 | | the requirement that a
school district provide special | 5 | | education services.
| 6 | | Nothing in this amendatory Act of the 93rd General Assembly | 7 | | shall
eliminate any reimbursement obligation owed as of the | 8 | | effective date of this
amendatory Act of the 93rd General | 9 | | Assembly to a school district with in excess
of 500,000 | 10 | | inhabitants.
| 11 | | (Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.) | 12 | | (105 ILCS 5/14-7.05)
| 13 | | Sec. 14-7.05. Placement in residential facility; payment | 14 | | of educational costs. For any student with a disability in a | 15 | | residential facility placement made or paid for by an Illinois | 16 | | public State agency or made by any court in this State, the | 17 | | school district of residence as determined pursuant to this | 18 | | Article is responsible for the costs of educating the child and | 19 | | shall be reimbursed for those costs in accordance with this | 20 | | Code. Subject to this Section and relevant State appropriation, | 21 | | the resident district's financial responsibility and | 22 | | reimbursement must be calculated in accordance with the | 23 | | provisions of Section 14-7.02 of this Code. In those instances | 24 | | in which a district receives a block grant pursuant to Article | 25 | | 1D of this Code, the district's financial responsibility is |
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| 1 | | limited to the actual educational costs of the placement, which | 2 | | must be paid by the district from its block grant | 3 | | appropriation. Resident district financial responsibility and | 4 | | reimbursement applies for both residential facilities that are | 5 | | approved by the State Board of Education and non-approved | 6 | | facilities, subject to the requirements of this Section. The | 7 | | Illinois placing agency or court remains responsible for | 8 | | funding the residential portion of the placement and for | 9 | | notifying the resident district prior to the placement, except | 10 | | in emergency situations. The residential facility in which the | 11 | | student is placed shall notify the resident district of the | 12 | | student's enrollment as soon as practicable after the | 13 | | placement. Failure of the placing agency or court to notify the | 14 | | resident district prior to the placement does not absolve the | 15 | | resident district of financial responsibility for the | 16 | | educational costs of the placement; however, the resident | 17 | | district shall not become financially responsible unless and | 18 | | until it receives written notice of the placement by either the | 19 | | placing agency, court, or residential facility. The placing | 20 | | agency or parent shall request an individualized education | 21 | | program (IEP) meeting from the resident district if the | 22 | | placement would entail additional educational services beyond | 23 | | the student's current IEP. The district of residence shall | 24 | | retain control of the IEP process, and any changes to the IEP | 25 | | must be done in compliance with the federal Individuals with | 26 | | Disabilities Education Act. |
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| 1 | | Payments shall be made by the resident district to the | 2 | | entity providing the educational services, whether the entity | 3 | | is the residential facility or the school district wherein the | 4 | | facility is located, no less than once per quarter unless | 5 | | otherwise agreed to in writing by the parties. | 6 | | A residential facility providing educational services | 7 | | within the facility, but not approved by the State Board of | 8 | | Education, is required to demonstrate proof to the State Board | 9 | | of (i) appropriate certification of teachers for the student | 10 | | population, (ii) age-appropriate curriculum, (iii) enrollment | 11 | | and attendance data, and (iv) the ability to implement the | 12 | | child's IEP. A school district is under no obligation to pay | 13 | | such a residential facility unless and until such proof is | 14 | | provided to the State Board's satisfaction. | 15 | | When a dispute arises over the determination of the | 16 | | district of residence under this Section, any person or entity, | 17 | | including without limitation a school district or residential | 18 | | facility, may make a written request for a residency decision | 19 | | to the State Superintendent of Education, who, upon review of | 20 | | materials submitted and any other items of information he or | 21 | | she may request for submission, shall issue his or her decision | 22 | | in writing. The decision of the State Superintendent of | 23 | | Education is final.
| 24 | | (Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.) | 25 | | (105 ILCS 5/Art. 1D rep.) |
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| 1 | | Section 10. The School Code is amended by repealing Article | 2 | | 1D.
| 3 | | Section 99. Effective date. This Act takes effect July 1, | 4 | | 2017.
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