State of Illinois
90th General Assembly

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      105 ILCS 5/14-8.01        from Ch. 122, par. 14-8.01
          Amends the School Code.  Beginning with fiscal year 1998,
      limits the amount of total IDEA Part  B  discretionary  funds
      available  to  the State Board of Education and the manner in
      which  those  federal  moneys   may   be   used.    Effective
SB1072 Re-enrolled                             LRB9002649THpk
 1        AN  ACT  to  amend  the  School  Code by changing Section
 2    14-8.01.
 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    Section 14-8.01 as follows:
 7        (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
 8        Sec. 14-8.01. Supervision of special education  buildings
 9    and  facilities. All special educational facilities, building
10    programs, housing, and all educational programs for the types
11    of disabled children defined  in  Section  14-1.02  shall  be
12    under  the  supervision of and subject to the approval of the
13    State Board of Education.
14        All special education facilities, building programs,  and
15    housing  shall  comply  with  the building code authorized by
16    Section 2-3.12.
17        All educational programs for children  with  disabilities
18    as  defined  in  Section  14-1.02  administered  by any State
19    agency shall be under the general supervision  of  the  State
20    Board  of  Education.   Such  supervision shall be limited to
21    insuring  that  such  educational  programs  meet   standards
22    jointly  developed  and  agreed to by both the State Board of
23    Education and the operating State agency, including standards
24    for educational personnel.
25        Any State agency providing special  educational  programs
26    for  children with disabilities as defined in Section 14-1.02
27    shall promulgate  rules and regulations, in consultation with
28    the State Board of Education and  pursuant  to  the  Illinois
29    Administrative  Procedure Act as now or hereafter amended, to
30    insure that all such programs comply with  this  Section  and
31    Section 14-8.02.
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 1        No  otherwise  qualified disabled child receiving special
 2    education and related services under Article 14 shall  solely
 3    by  reason  of  his  or  her  disability be excluded from the
 4    participation in or be denied the benefits of or be subjected
 5    to discrimination under any program or activity provided by a
 6    State agency.
 7        State agencies providing special  education  and  related
 8    services,  including  room  and  board,  either  directly  or
 9    through  grants  or  purchases  of services shall continue to
10    provide these services according to current law and practice.
11    Room and board costs not provided by  a  State  agency  other
12    than  the  State  Board of Education shall be provided by the
13    State Board of Education to the extent  of  available  funds.
14    An  amount  equal to one-half of the State education agency's
15    share of IDEA PART B federal monies, or so  much  thereof  as
16    may actually be needed, shall annually be appropriated to pay
17    for  the additional costs of providing for room and board for
18    those children placed pursuant to Section 14-7.02 of this Act
19    and, after all such  room  and  board  costs  are  paid,  for
20    similar  expenditures for children served pursuant to Section
21    14-7.02 or 14-7.02a of this Act,  based  in  community  based
22    programs   that   serve   as   alternatives   to  residential
23    placements.
24        Beginning with Fiscal Year 1997  and  continuing  through
25    Fiscal  Year  2000,  100%  of  the  former Chapter I, Section
26    89-313 federal funds shall be allocated by the State Board of
27    Education in the same manner as IDEA, PART B  "flow  through"
28    funding  to  local  school  districts,  joint agreements, and
29    special  education  cooperatives  for  the   maintenance   of
30    instructional  and  related support services to students with
31    disabilities. However, beginning with Fiscal Year  1998,  the
32    total  IDEA Part B discretionary funds available to the State
33    Board of Education shall not exceed the  maximum  permissible
34    under federal law or 20% of the total federal funds available
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 1    to  the  State,  whichever  is  less.   In  no case shall the
 2    aggregate IDEA Part B discretionary  funds  received  by  the
 3    State  Board  of  Education  exceed the amount of IDEA Part B
 4    discretionary funds available to the State Board of Education
 5    for Fiscal Year 1997,  excluding  any  carryover  funds  from
 6    prior  fiscal years, increased by 3% for Fiscal Year 1998 and
 7    increased  by  an  additional  3%  for   each   fiscal   year
 8    thereafter.   After  all  room and board payments and similar
 9    expenditures are made by the  State  Board  of  Education  as
10    required  by  this  Section, the State Board of Education may
11    use the remaining funds for administration and for  providing
12    discretionary   activities.   However,  the  State  Board  of
13    Education may use no more than 25% of its available IDEA Part
14    B discretionary funds for administrative services.
15        Special education and related services  included  in  the
16    child's  individualized  educational  program  which  are not
17    provided by another State agency shall  be  included  in  the
18    special  education and related services provided by the State
19    Board of Education and the local school district.
20        The State Board of  Education  with  the  advice  of  the
21    Advisory  Council  shall prescribe the standards and make the
22    necessary  rules  and  regulations  for   special   education
23    programs  administered  by local school boards, including but
24    not   limited   to   establishment   of   classes,   training
25    requirements of teachers and  other  professional  personnel,
26    eligibility  and  admission  of pupils, the curriculum, class
27    size limitation, building programs, housing,  transportation,
28    special   equipment   and  instructional  supplies,  and  the
29    applications for claims for reimbursement. The State Board of
30    Education shall promulgate rules and regulations  for  annual
31    evaluations  of  the  effectiveness  of all special education
32    programs and annual evaluation by the local  school  district
33    of  the individualized educational program for each child for
34    whom it provides special education services.
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 1        A school district is responsible  for  the  provision  of
 2    educational  services  for  all  school age children residing
 3    within its boundaries excluding any student placed under  the
 4    provisions  of  Section 14-7.02 or any disabled student whose
 5    parent or guardian lives outside of the State of Illinois  as
 6    described in Section 14-1.11.
 7    (Source: P.A.  88-16;  88-45;  89-397,  eff. 8-20-95; 89-622,
 8    eff. 8-9-96.)
 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.

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