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90_HB2741
105 ILCS 5/14-7.02 from Ch. 122, par. 14-7.02
105 ILCS 5/14-12.01 from Ch. 122, par. 14-12.01
105 ILCS 5/18-4.3 from Ch. 122, par. 18-4.3
Amends the School Code. Eliminates provisions authorizing
proportionate payment of school district claims for
reimbursement for providing special education services,
requires the General Assembly to appropriate adequate funds
to reimburse school districts for 100% of the costs of
providing special education services, and provides for
payment of a prior fiscal year's reimbursement claims in the
next succeeding fiscal year (and before payment of current
claims for that succeeding fiscal year) if the amount
appropriated in the prior fiscal year is insufficient to
provide for full reimbursement of the claims filed for that
year. Effective July 1, 1998.
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1 AN ACT to amend the School Code by changing Sections
2 14-7.02, 14-12.01, and 18-4.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 14-7.02, 14-12.01, and 18-4.3 as follows:
7 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
8 Sec. 14-7.02. Children attending private schools, public
9 out-of-state schools, public school residential facilities or
10 private special education facilities. The General Assembly
11 recognizes that non-public schools or special education
12 facilities provide an important service in the educational
13 system in Illinois.
14 If because of his or her disability the special education
15 program of a district is unable to meet the needs of a child
16 and the child attends a non-public school or special
17 education facility, a public out-of-state school or a special
18 education facility owned and operated by a county government
19 unit that provides special educational services required by
20 the child and is in compliance with the appropriate rules and
21 regulations of the State Superintendent of Education, the
22 school district in which the child is a resident shall pay
23 the actual cost of tuition for special education and related
24 services provided during the regular school term and during
25 the summer school term if the child's educational needs so
26 require, excluding room, board and transportation costs
27 charged the child by that non-public school or special
28 education facility, public out-of-state school or county
29 special education facility, or $4,500 per year, whichever is
30 less, and shall provide him any necessary transportation.
31 "Nonpublic special education facility" shall include a
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1 residential facility, within or without the State of
2 Illinois, which provides special education and related
3 services to meet the needs of the child by utilizing private
4 schools or public schools, whether located on the site or off
5 the site of the residential facility.
6 The State Board of Education shall promulgate rules and
7 regulations for determining when placement in a private
8 special education facility is appropriate. Such rules and
9 regulations shall take into account the various types of
10 services needed by a child and the availability of such
11 services to the particular child in the public school. In
12 developing these rules and regulations the State Board of
13 Education shall consult with the Advisory Council on
14 Education of Children with Disabilities and hold public
15 hearings to secure recommendations from parents, school
16 personnel, and others concerned about this matter.
17 The State Board of Education shall also promulgate rules
18 and regulations for transportation to and from a residential
19 school. Transportation to and from home to a residential
20 school more than once each school term shall be subject to
21 prior approval by the State Superintendent in accordance with
22 the rules and regulations of the State Board.
23 A school district making tuition payments pursuant to
24 this Section is eligible for reimbursement from the State for
25 the amount of such payments actually made in excess of the
26 district per capita tuition charge for students not receiving
27 special education services. Such reimbursement shall be
28 approved in accordance with Section 14-12.01 and each
29 district shall file its claims, computed in accordance with
30 rules prescribed by the State Board of Education, with the
31 regional superintendent of schools on or before August 1, for
32 approval on forms prescribed by the State Superintendent of
33 Education. Data used as a basis of reimbursement claims
34 shall be for the preceding regular school term and summer
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1 school term. The regional superintendent of schools shall
2 approve the claims as to form and transmit the claims to the
3 State Board of Education on or before August 15. The State
4 Board of Education, before approving any such claims, shall
5 determine their accuracy and whether they are based upon
6 services and facilities provided under approved programs.
7 Upon approval the State Board shall cause vouchers to be
8 prepared showing the amount due for payment of reimbursement
9 claims to school districts, for transmittal to the State
10 Comptroller on the 30th day of September, December, and
11 March, respectively, and the final voucher, no later than
12 June 20. If the money appropriated by the General Assembly
13 for such purpose for any year is insufficient, it shall be
14 apportioned on the basis of the claims approved.
15 No child shall be placed in a special education program
16 pursuant to this Section if the tuition cost for special
17 education and related services increases more than 10 percent
18 over the tuition cost for the previous school year or exceeds
19 $4,500 per year unless such costs have been approved by the
20 Illinois Purchased Care Review Board. The Illinois
21 Purchased Care Review Board shall consist of the following
22 persons, or their designees: the Directors of Children and
23 Family Services, Public Health, Public Aid, and the Bureau of
24 the Budget; the Secretary of Human Services; the State
25 Superintendent of Education; and such other persons as the
26 Governor may designate. The Review Board shall establish
27 rules and regulations for its determination of allowable
28 costs and payments made by local school districts for special
29 education, room and board, and other related services
30 provided by non-public schools or special education
31 facilities and shall establish uniform standards and criteria
32 which it shall follow.
33 The Review Board shall establish uniform definitions and
34 criteria for accounting separately by special education, room
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1 and board and other related services costs. The Board shall
2 also establish guidelines for the coordination of services
3 and financial assistance provided by all State agencies to
4 assure that no otherwise qualified disabled child receiving
5 services under Article 14 shall be excluded from
6 participation in, be denied the benefits of or be subjected
7 to discrimination under any program or activity provided by
8 any State agency.
9 The Review Board shall review the costs for special
10 education and related services provided by non-public schools
11 or special education facilities and shall approve or
12 disapprove such facilities in accordance with the rules and
13 regulations established by it with respect to allowable
14 costs.
15 The State Board of Education shall provide administrative
16 and staff support for the Review Board as deemed reasonable
17 by the State Superintendent of Education. This support shall
18 not include travel expenses or other compensation for any
19 Review Board member other than the State Superintendent of
20 Education.
21 The Review Board shall seek the advice of the Advisory
22 Council on Education of Children with Disabilities on the
23 rules and regulations to be promulgated by it relative to
24 providing special education services.
25 If a child has been placed in a program in which the
26 actual per pupil costs of tuition for special education and
27 related services based on program enrollment, excluding room,
28 board and transportation costs, exceed $4,500 and such costs
29 have been approved by the Review Board, the district shall
30 pay such total costs which exceed $4,500. A district making
31 such tuition payments in excess of $4,500 pursuant to this
32 Section shall be responsible for an amount in excess of
33 $4,500 equal to the district per capita tuition charge and
34 shall be eligible for reimbursement from the State for the
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1 amount of such payments actually made in excess of the
2 districts per capita tuition charge for students not
3 receiving special education services.
4 If a child has been placed in an approved individual
5 program and the tuition costs including room and board costs
6 have been approved by the Review Board, then such room and
7 board costs shall be paid by the appropriate State agency
8 subject to the provisions of Section 14-8.01 of this Act.
9 Room and board costs not provided by a State agency other
10 than the State Board of Education shall be provided by the
11 State Board of Education on a current basis. In no event,
12 however, shall the State's liability for funding of these
13 tuition costs begin until after the legal obligations of
14 third party payors have been subtracted from such costs. If
15 the money appropriated by the General Assembly for such
16 purpose for any year is insufficient, it shall be apportioned
17 on the basis of the claims approved. Each district shall
18 submit estimated claims to the regional superintendent of
19 schools for transmittal to the State Superintendent of
20 Education. Upon approval of such claims, the State
21 Superintendent of Education shall direct the State
22 Comptroller to make payments on a monthly basis. The
23 frequency for submitting estimated claims and the method of
24 determining payment shall be prescribed in rules and
25 regulations adopted by the State Board of Education. Such
26 current state reimbursement shall be reduced by an amount
27 equal to the proceeds which the child or child's parents are
28 eligible to receive under any public or private insurance or
29 assistance program. Nothing in this Section shall be
30 construed as relieving an insurer or similar third party from
31 an otherwise valid obligation to provide or to pay for
32 services provided to a disabled child.
33 If it otherwise qualifies, a school district is eligible
34 for the transportation reimbursement under Section 14-13.01
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1 and for the reimbursement of tuition payments under this
2 Section whether the non-public school or special education
3 facility, public out-of-state school or county special
4 education facility, attended by a child who resides in that
5 district and requires special educational services, is within
6 or outside of the State of Illinois. However, a district is
7 not eligible to claim transportation reimbursement under this
8 Section unless the district certifies to the State
9 Superintendent of Education that the district is unable to
10 provide special educational services required by the child
11 for the current school year.
12 Nothing in this Section authorizes the reimbursement of a
13 school district for the amount paid for tuition of a child
14 attending a non-public school or special education facility,
15 public out-of-state school or county special education
16 facility unless the school district certifies to the State
17 Superintendent of Education that the special education
18 program of that district is unable to meet the needs of that
19 child because of his disability and the State Superintendent
20 of Education finds that the school district is in substantial
21 compliance with Section 14-4.01.
22 Any educational or related services provided, pursuant to
23 this Section in a non-public school or special education
24 facility or a special education facility owned and operated
25 by a county government unit shall be at no cost to the parent
26 or guardian of the child. However, current law and practices
27 relative to contributions by parents or guardians for costs
28 other than educational or related services are not affected
29 by this amendatory Act of 1978.
30 Reimbursement for children attending public school
31 residential facilities shall be made in accordance with the
32 provisions of this Section.
33 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
34 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
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1 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
2 (105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
3 Sec. 14-12.01. Account of expenditures - Cost report -
4 Reimbursement. Each school board shall keep an accurate,
5 detailed and separate account of all monies paid out by it
6 for the maintenance of each of the types of facilities,
7 classes and schools authorized by this Article for the
8 instruction and care of pupils attending them and for the
9 cost of their transportation, and shall annually report
10 thereon indicating the cost of each such elementary or high
11 school pupil for the school year ending June 30.
12 Applications for preapproval for reimbursement for costs
13 of special education must be first submitted through the
14 office of the regional superintendent of schools to the State
15 Superintendent of Education on or before 30 days after a
16 special class or service is started. Applications shall set
17 forth a plan for special education established and maintained
18 in accordance with this Article. Such applications shall be
19 limited to the cost of construction and maintenance of
20 special education facilities designed and utilized to house
21 instructional programs, diagnostic services, other special
22 education services for children with disabilities and
23 reimbursement as provided in Section 14-13.01. Such
24 application shall not include the cost of construction or
25 maintenance of any administrative facility separated from
26 special education facilities designed and utilized to house
27 instructional programs, diagnostic services, and other
28 special education services for children with disabilities.
29 Reimbursement claims for special education shall be made as
30 follows:
31 Each district shall file its claim computed in accordance
32 with rules prescribed by the State Board of Education with
33 the regional superintendent of schools, in triplicate, on or
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1 before August 1, for approval on forms prescribed by the
2 State Superintendent of Education. Data used as a basis of
3 reimbursement claims shall be for the school year ended on
4 June 30 preceding. The regional superintendent of schools
5 shall check and upon approval provide the State
6 Superintendent of Education with the original and one copy of
7 the claims on or before August 15. The State Superintendent
8 of Education before approving any such claims shall determine
9 their accuracy and whether they are based upon services and
10 facilities provided under approved programs. Upon approval,
11 vouchers for the amounts due the respective districts shall
12 be prepared and submitted during each fiscal year as follows:
13 the first 3 vouchers shall be prepared by the State
14 Superintendent of Education and transmitted to the
15 Comptroller on the 30th day of September, December and March,
16 respectively, and the final voucher, no later than June 20.
17 If, after preparation and transmittal of the September 30
18 vouchers, any claim has been redetermined by the State
19 Superintendent of Education, subsequent vouchers shall be
20 adjusted in amount to compensate for any overpayment or
21 underpayment previously made. If the money appropriated by
22 the General Assembly for such purpose for any year is
23 insufficient, it shall be apportioned on the basis of the
24 claims approved.
25 Claims received at the State Board of Education after
26 August 15 shall not be honored. Claims received by August 15
27 may be amended until November 30.
28 All reimbursement shall be paid at 100%. Recognizing the
29 needs of students with disabilities and the financial burden
30 upon the school districts in educating those students, the
31 General Assembly shall annually appropriate adequate funding
32 to reimburse at 100% of the cost of providing special
33 education. If there are any excess funds remaining from the
34 appropriation reimbursing all filed claims, the General
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1 Assembly shall reappropriate those excess funds for other
2 educational purposes in that same fiscal year. Beginning
3 with the fiscal year 1999, if the amount appropriated for any
4 year is less than the amount required for purposes of this
5 Section and Sections 14-7.02 and 18-4.3, the amount required
6 to eliminate any insufficient reimbursement for each district
7 claim under those Sections shall be reimbursed on September
8 30 of the next fiscal year. Payments required to eliminate
9 any insufficiency for prior fiscal year claims shall be made
10 before any claims are paid for the current fiscal year.
11 (Source: P.A. 88-641, eff. 9-9-94; 89-397, eff. 8-20-95.)
12 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
13 Sec. 18-4.3. Summer school grants. Grants shall be
14 determined for pupil attendance in summer schools conducted
15 under Sections 10-22.33A and 34-18 and approved under Section
16 2-3.25 in the following manner.
17 The amount of grant for each accredited summer school
18 attendance pupil shall be obtained by dividing the total
19 amount of apportionments determined under Section 18-8 or
20 Section 18-8.05 by the actual number of pupils in average
21 daily attendance used for such apportionments. The number of
22 credited summer school attendance pupils shall be determined
23 (a) by counting clock hours of class instruction by pupils
24 enrolled in grades 1 through 12 in approved courses conducted
25 at least 60 clock hours in summer sessions; (b) by dividing
26 such total of clock hours of class instruction by 4 to
27 produce days of credited pupil attendance; (c) by dividing
28 such days of credited pupil attendance by the actual number
29 of days in the regular term as used in computation in the
30 general apportionment in Section 18-8; and (d) by multiplying
31 by 1.25.
32 The amount of the grant for a summer school program
33 approved by the State Superintendent of Education for
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1 children with disabilities, as defined in Sections 14-1.02
2 through 14-1.07, shall be determined in the manner contained
3 above except that average daily membership shall be utilized
4 in lieu of average daily attendance.
5 In the case of an apportionment based on summer school
6 attendance or membership pupils, the claim therefor shall be
7 presented as a separate claim for the particular school year
8 in which such summer school session ends. On or before
9 October 15 of each year the superintendent of each eligible
10 school district shall certify to the regional superintendent
11 the claim of the district for the summer session just ended.
12 Failure on the part of the school board to so certify shall
13 constitute a forfeiture of its right to such payment. The
14 regional superintendent shall certify to the State
15 Superintendent of Education no later than November 1 the
16 regional report of claims for summer school. The State
17 Superintendent of Education shall transmit to the Comptroller
18 no later than December 15th of each year vouchers for payment
19 of amounts due school districts for summer school. The State
20 Superintendent of Education shall direct the Comptroller to
21 draw his warrants for payments thereof by the 30th day of
22 December. If the money appropriated by the General Assembly
23 for such purpose for any year is insufficient, it shall be
24 apportioned on the basis of claims approved.
25 However, notwithstanding the foregoing provisions, for
26 each fiscal year the money appropriated by the General
27 Assembly for the purposes of this Section shall only be used
28 for grants for approved summer school programs for those
29 children with disabilities served pursuant to Sections
30 14-7.02 and 14-7.02a of the School Code.
31 (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)
32 Section 99. Effective date. This Act takes effect July
33 1, 1998.