Illinois Compiled Statutes
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105 ILCS 5/14-8.01
(105 ILCS 5/14-8.01)
(from Ch. 122, par. 14-8.01)
Supervision of special education buildings and
All special educational facilities, building programs,
housing, and all educational programs for the types of children with disabilities
defined in Section 14-1.02 shall be under the
supervision of and
subject to the approval of the State Board of Education.
All special education facilities, building programs, and
housing shall comply with the building code authorized by Section 2-3.12.
All educational programs for children
with disabilities as defined in Section 14-1.02 administered by any State
agency shall be under the general supervision of the State Board of
Education. Such supervision shall be limited to insuring that such
educational programs meet standards jointly developed and agreed to by
both the State Board of Education and the operating State agency,
including standards for educational personnel.
Any State agency providing special educational programs for children with disabilities as defined in Section 14-1.02
shall promulgate rules and regulations, in consultation with the State
Board of Education and pursuant to the Illinois Administrative Procedure
Act as now or hereafter amended, to insure that all such programs comply
with this Section and Section 14-8.02.
No otherwise qualified child with a disability receiving special
and related services under Article 14 shall solely by reason of his or
her disability be excluded from the participation in or be
benefits of or be subjected to discrimination under any program or
activity provided by a State agency.
State agencies providing special education and related services,
including room and board, either directly or through grants or purchases
of services shall continue to provide these services according to
current law and practice. Room and board costs not provided by a State
agency other than the State Board of Education shall be provided by the
State Board of Education to the extent of available funds. An amount equal
to one-half of the State
education agency's share of IDEA PART B federal monies, or so
as may actually be needed, shall annually be appropriated to pay for the
additional costs of providing for room and board for those children
placed pursuant to Section 14-7.02 of this Code and, after all such
board costs are paid, for similar expenditures
for children served pursuant to
Section 14-7.02 or 14-7.02b of this Code. Any such excess
room and board funds must first be directed to those school districts
with students costing in excess of 4 times the district's per capita tuition
charge and then to
community based programs that serve as alternatives to residential
Beginning with Fiscal Year 1997 and continuing through Fiscal Year 2000,
100% of the former Chapter I, Section 89-313 federal funds shall be allocated
the State Board of Education in the same manner as IDEA, PART B "flow through"
funding to local school districts, joint agreements, and special education
cooperatives for the maintenance of instructional and related support services
to students with disabilities.
However, beginning with Fiscal Year 1998, the total IDEA Part B discretionary
funds available to the State Board of Education shall not exceed the maximum
permissible under federal law or 20% of the total federal funds available to
the State, whichever is less. After
all room and board
payments and similar
expenditures are made by the State Board of Education as required by this
Section, the State Board of Education may use the remaining funds for
administration and for providing discretionary activities. However, the State
Board of Education may use no more than 25% of its available IDEA Part B
discretionary funds for administrative services.
Special education and related services included in the child's
individualized educational program which are not provided by another
State agency shall be included in the special education and related
services provided by the State Board of Education and the local school
The State Board of Education with the advice of the Advisory Council
shall prescribe the standards and make the necessary rules and
regulations for special education programs administered by local school
boards, including but not limited to establishment of classes, training
requirements of teachers and other professional personnel, eligibility
and admission of pupils, the curriculum, class size limitation, building
programs, housing, transportation, special equipment and instructional
supplies, and the applications for claims for reimbursement. The State
Board of Education shall promulgate rules and regulations for annual
evaluations of the effectiveness of all special education programs and
annual evaluation by the local school district of the individualized
educational program for each child for whom it provides special
A school district is responsible for the provision of educational
services for all school age children residing within its boundaries
excluding any student placed under the provisions of Section 14-7.02 or any
student with a disability whose parent or guardian lives outside of the State of
Illinois as described in Section 14-1.11.
(Source: P.A. 99-143, eff. 7-27-15.)