Full Text of SB3171 100th General Assembly
SB3171 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3171 Introduced 2/15/2018, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/14-7.03 | from Ch. 122, par. 14-7.03 |
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Amends the School Code. Makes a technical change in a Section concerning
special education classes for children from orphanages, foster family homes,
children's homes, or State housing units.
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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 | | 14-7.03 as follows: | 6 | | (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
| 7 | | Sec. 14-7.03. Special Education Classes for Children from | 8 | | Orphanages,
Foster Family Homes, Children's Homes, or in State | 9 | | Housing Units. If a
school district maintains special education | 10 | | classes on the
the site of
orphanages and children's homes, or | 11 | | if children from the orphanages,
children's homes, foster | 12 | | family homes, other State agencies, or State
residential units | 13 | | for children attend classes for children with disabilities
in | 14 | | which the school district is a participating member of a joint
| 15 | | agreement, or if the children from the orphanages, children's | 16 | | homes,
foster family homes, other State agencies, or State | 17 | | residential units
attend classes for the children with | 18 | | disabilities maintained by the school
district, then | 19 | | reimbursement shall be paid to eligible districts in
accordance | 20 | | with the provisions of this Section by the Comptroller as | 21 | | directed
by the State Superintendent of Education.
| 22 | | The amount of tuition for such children shall be determined | 23 | | by the
actual cost of maintaining such classes, using the per |
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| 1 | | capita cost formula
set forth in Section 14-7.01, such program | 2 | | and cost to be pre-approved by
the State Superintendent of | 3 | | Education.
| 4 | | If a school district makes a claim for reimbursement under | 5 | | Section
18-3 or 18-4 of this Act it shall not include in any | 6 | | claim filed under
this Section a claim for such children. | 7 | | Payments authorized by law,
including State or federal grants | 8 | | for education of children included in
this Section, shall be | 9 | | deducted in determining the tuition amount.
| 10 | | Nothing in this Act shall be construed so as to prohibit
| 11 | | reimbursement for the tuition of children placed in for profit | 12 | | facilities.
Private facilities shall provide adequate space at | 13 | | the
facility for special education classes provided by a school | 14 | | district or
joint agreement for children with disabilities who | 15 | | are
residents of the
facility at no cost to the school district | 16 | | or joint agreement upon
request of the school district or joint | 17 | | agreement. If such a private
facility provides space at no cost | 18 | | to the district or joint agreement
for special education | 19 | | classes provided to children with
disabilities who are
| 20 | | residents of the facility, the district or joint agreement | 21 | | shall not
include any costs for the use of those facilities in | 22 | | its claim for
reimbursement.
| 23 | | Reimbursement for tuition may include the cost of providing | 24 | | summer
school programs for children with severe and profound | 25 | | disabilities served
under this Section. Claims for that | 26 | | reimbursement shall be filed by
November 1 and shall be paid on |
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| 1 | | or before December 15 from
appropriations made for the purposes | 2 | | of this Section.
| 3 | | The State Board of Education shall establish such rules and
| 4 | | regulations as may be necessary to implement the provisions of | 5 | | this
Section.
| 6 | | Claims filed on behalf of programs operated under this | 7 | | Section housed in a
jail, detention center, or county-owned | 8 | | shelter care facility
shall be on an individual student basis | 9 | | only for
eligible students with disabilities. These claims | 10 | | shall be in accordance with
applicable rules.
| 11 | | Each district claiming reimbursement for a program | 12 | | operated as a group
program shall have an approved budget on | 13 | | file with the State Board of
Education prior to the initiation | 14 | | of the program's operation. On September
30, December 31, and | 15 | | March 31, the State Board of Education shall voucher
payments | 16 | | to group programs based upon the approved budget during the | 17 | | year
of operation. Final claims for group payments shall be | 18 | | filed on or before
July 15. Final claims for group programs | 19 | | received at the State
Board of
Education on or before June 15 | 20 | | shall be vouchered by June 30. Final claims
received at the | 21 | | State Board of Education between June 16 and July 15
shall be | 22 | | vouchered by August 30. Claims for group programs
received
| 23 | | after July 15 shall not be honored.
| 24 | | Each district claiming reimbursement for individual | 25 | | students shall have the
eligibility of those students verified | 26 | | by the State Board of Education. On
September 30, December 31, |
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| 1 | | and March 31, the State Board of Education shall
voucher | 2 | | payments for individual students based upon an estimated cost
| 3 | | calculated from the prior year's claim. Final claims for | 4 | | individual students
for the regular school term must be | 5 | | received at the State Board of Education by
July 15. Claims for | 6 | | individual students received after July 15 shall not
be | 7 | | honored. Final claims for individual students shall be | 8 | | vouchered by
August 30.
| 9 | | Reimbursement shall be made based upon approved group | 10 | | programs or
individual students. The State Superintendent of | 11 | | Education shall direct the
Comptroller to pay a specified | 12 | | amount to the district by the 30th day of
September, December, | 13 | | March, June, or August, respectively. However,
notwithstanding | 14 | | any other provisions of this Section or the School Code,
| 15 | | beginning with fiscal year 1994 and each fiscal year | 16 | | thereafter, if the amount appropriated for any fiscal year
is | 17 | | less than the amount required for purposes of this Section, the | 18 | | amount
required to eliminate any insufficient reimbursement | 19 | | for each district claim
under this Section shall be reimbursed | 20 | | on August 30 of the next fiscal
year. Payments required to | 21 | | eliminate any insufficiency for prior
fiscal year claims shall | 22 | | be made before any claims are paid for the current
fiscal year.
| 23 | | The claim of a school district otherwise eligible to be | 24 | | reimbursed in
accordance with Section 14-12.01 for the 1976-77 | 25 | | school year but for
this amendatory Act of 1977 shall not be | 26 | | paid unless the district ceases
to maintain such classes for |
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| 1 | | one entire school year.
| 2 | | If a school district's current reimbursement payment for | 3 | | the 1977-78
school year only is less than the prior year's | 4 | | reimbursement payment
owed, the district shall be paid the | 5 | | amount of the difference between
the payments in addition to | 6 | | the current reimbursement payment, and the
amount so paid shall | 7 | | be subtracted from the amount of prior year's
reimbursement | 8 | | payment owed to the district.
| 9 | | Regional superintendents may operate special education | 10 | | classes for
children from orphanages, foster family homes, | 11 | | children's homes or State
housing units located within the | 12 | | educational services region upon consent
of the school board | 13 | | otherwise so obligated. In electing to assume the
powers and | 14 | | duties of a school district in providing and maintaining such a
| 15 | | special education program, the regional superintendent may | 16 | | enter into joint
agreements with other districts and may | 17 | | contract with public or private
schools or the orphanage, | 18 | | foster family home, children's home or State
housing unit for | 19 | | provision of the special education program. The regional
| 20 | | superintendent exercising the powers granted under this | 21 | | Section shall claim
the reimbursement authorized by this | 22 | | Section directly from the State Board
of Education.
| 23 | | Any child who is not a resident of Illinois who is placed | 24 | | in a child
welfare institution, private facility, foster family | 25 | | home, State operated
program, orphanage or children's home | 26 | | shall have the payment for his
educational tuition and any |
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| 1 | | related services assured by the placing agent.
| 2 | | For each student with a disability who is placed in a | 3 | | residential facility by an Illinois public
agency or by any | 4 | | court in this State, the costs for educating the student
are | 5 | | eligible for reimbursement under this Section.
| 6 | | The district of residence of the student with a disability | 7 | | as
defined in Section 14-1.11a is responsible for the actual | 8 | | costs of
the student's special education program and is | 9 | | eligible for reimbursement under
this Section when placement is | 10 | | made by a State agency or the courts.
| 11 | | When a dispute arises over the determination of the | 12 | | district of
residence under this Section, the district or | 13 | | districts may appeal the decision in writing 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 a written decision on the | 17 | | matter. The decision of the State
Superintendent of Education | 18 | | shall be final.
| 19 | | In the event a district does not make a tuition
payment to | 20 | | another district that is providing the special education
| 21 | | program and services, the State Board of Education shall | 22 | | immediately
withhold 125% of
the then remaining annual tuition | 23 | | cost from the State aid or categorical
aid payment due to the
| 24 | | school district that is determined to be the resident school | 25 | | district. All
funds withheld by the State Board of Education | 26 | | shall immediately be
forwarded to the
school district where the |
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| 1 | | student is being served.
| 2 | | When a child eligible for services under this Section | 3 | | 14-7.03 must be
placed in a nonpublic facility, that facility | 4 | | shall meet the programmatic
requirements of Section 14-7.02 and | 5 | | its regulations, and the educational
services shall be funded | 6 | | only in accordance with this Section 14-7.03.
| 7 | | (Source: P.A. 98-739, eff. 7-16-14; 99-143, eff. 7-27-15.)
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