Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(105 ILCS 5/14-7.02b)
Sec. 14-7.02b. Funding for children requiring special education services.
Payments to school districts for children requiring
special education services documented in their individualized education
program regardless of the program from which these services are received,
excluding children claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
be made in accordance with this Section. Funds received under this Section
may be used only for the provision of special educational facilities and
services as defined in Section 14-1.08 of this Code.
The appropriation for fiscal year 2005 through fiscal year 2017 shall be based upon
the IDEA child count of all students in the State, excluding students
claimed under Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
preceding, multiplied by 17.5% of the general State aid
foundation level of support established for that fiscal year under Section
18-8.05 of
this Code.
Beginning with fiscal year 2005 and through fiscal year 2007, individual school districts
shall not receive payments under this Section totaling less than they received
under the
funding authorized under Section 14-7.02a of this Code
during fiscal year 2004, pursuant to the provisions of Section 14-7.02a as they
were in effect before the effective date of this amendatory Act of the 93rd
General Assembly. This base level funding shall be computed first.
Beginning with fiscal year 2008 through fiscal year 2017, individual school districts must not receive payments under this Section totaling less than they received in fiscal year 2007. This funding shall be computed last and shall be a separate calculation from any other calculation set forth in this Section. This amount is exempt from the requirements of Section 1D-1 of this Code.
Through fiscal year 2017, an amount equal to 85% of the funds remaining in the appropriation shall be allocated to school districts based upon the
district's average daily attendance reported for purposes of Section
18-8.05 of this Code for the preceding school year. Fifteen percent of the
funds
remaining in the appropriation
shall be allocated to school districts based upon the district's low income
eligible pupil count used in the calculation of general State aid under Section
18-8.05 of this Code for the same fiscal year. One hundred percent of the
funds
computed and allocated to districts under this Section shall be distributed and
paid to school districts.
For individual
students with disabilities whose program costs exceed 4 times the
district's per capita tuition rate
as calculated under Section 10-20.12a of this Code, the costs in excess
of 4 times the district's per capita tuition rate shall be paid by the State
Board of Education from unexpended IDEA discretionary funds originally
designated for room and board reimbursement pursuant to Section
14-8.01 of this Code. The amount of tuition for these children shall be
determined by the actual cost of maintaining classes for these children,
using the per
capita cost formula set forth in Section 14-7.01 of this Code, with the
program and cost being pre-approved by the State Superintendent of
Education. Reimbursement for individual students with disabilities whose program costs exceed 4 times the district's per capita tuition rate shall be claimed beginning with costs encumbered for the 2004-2005 school year and thereafter.
The State Board of Education shall prepare vouchers equal to one-fourth the
amount allocated to districts, for transmittal
to the State Comptroller on the 30th day of September, December, and March,
respectively, and the final voucher, no later than June 20. The Comptroller
shall make payments pursuant to this Section to school districts as soon as possible after receipt of vouchers. If the money
appropriated from the General Assembly for such purposes for any year is
insufficient, it shall be apportioned on the basis of the payments due to
school districts.
Nothing in this Section shall be construed to decrease or increase the
percentage of all special education funds that are allocated annually
under Article 1D of this Code
or to alter the requirement that a
school district provide special education services.
Nothing in this amendatory Act of the 93rd General Assembly shall
eliminate any reimbursement obligation owed as of the effective date of this
amendatory Act of the 93rd General Assembly to a school district with in excess
of 500,000 inhabitants.
Except for reimbursement for individual students with disabilities whose program costs exceed 4 times the district's per capita tuition rate, no funding shall be provided to school districts under this Section after fiscal year 2017. In fiscal year 2018 and each fiscal year thereafter, all funding received by a school district from the State pursuant to Section 18–8.15 of this Code that is attributable to students requiring special education services must be used for special education services authorized under this Code.(Source: P.A. 100-465, eff. 8-31-17.) |
