State of Illinois
91st General Assembly
Legislation

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91_HB0558eng

 
HB0558 Engrossed                               LRB9102353NTsb

 1        AN ACT to amend the School Code.

 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
 5    Sections  1D-1,  14-7.02,  14-8.01,  and  18-4.3  and  adding
 6    Section 14-7.02b as follows:

 7        (105 ILCS 5/1D-1)
 8        Sec. 1D-1.  Block grant funding.
 9        (a)  For  fiscal  year  1996   and   each   fiscal   year
10    thereafter,  the  State  Board  of Education shall award to a
11    school  district  having  a  population   exceeding   500,000
12    inhabitants   a   general   education   block  grant  and  an
13    educational services block grant, determined as  provided  in
14    this  Section,  in  lieu  of  distributing  to  the  district
15    separate   State   funding  for  the  programs  described  in
16    subsections (b) and (c).  The  provisions  of  this  Section,
17    however,  do not apply to any federal funds that the district
18    is entitled to receive.  In accordance with  Section  2-3.32,
19    all  block  grants  are subject to an audit. Therefore, block
20    grant receipts and block grant expenditures shall be recorded
21    to the appropriate fund code for the designated block grant.
22        (b)  The general education block grant shall include  the
23    following  programs:  REI  Initiative, Preschool At Risk, K-6
24    Comprehensive  Arts,  School   Improvement   Support,   Urban
25    Education,  Scientific  Literacy, Substance Abuse Prevention,
26    Second Language Planning,  Staff  Development,  Outcomes  and
27    Assessment,   K-6   Reading  Improvement,  Truants'  Optional
28    Education, Hispanic Programs, Agriculture  Education,  Gifted
29    Education,  Parental Education, Prevention Initiative, Report
30    Cards,    and     Criminal     Background     Investigations.
31    Notwithstanding  any other provision of law, all amounts paid
 
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 1    under  the  general  education   block   grant   from   State
 2    appropriations  to  a  school  district  in  a  city having a
 3    population   exceeding   500,000   inhabitants    shall    be
 4    appropriated  and  expended by the board of that district for
 5    any of the programs included in the block grant or any of the
 6    board's lawful purposes.
 7        (c)  The educational services block grant  shall  include
 8    the  following  programs:  Bilingual,  Regular and Vocational
 9    Transportation,  State  Lunch  and  Free  Breakfast  Program,
10    Special Education (Personnel, Extraordinary,  Transportation,
11    Orphanage,  Private  Tuition), funding for children requiring
12    special  education  services,  Summer   School,   Educational
13    Service   Centers,   and   Administrator's   Academy.    This
14    subsection   (c)   does  not  relieve  the  district  of  its
15    obligation to provide the services required under  a  program
16    that is included within the educational services block grant.
17    It  is  the intention of the General Assembly in enacting the
18    provisions of this subsection (c) to relieve the district  of
19    the   administrative   burdens  that  impede  efficiency  and
20    accompany  single-program  funding.   The  General   Assembly
21    encourages  the  board  to pursue mandate waivers pursuant to
22    Section 2-3.25g.
23        The funding program included in the educational  services
24    block  grant  for  funding  for  children  requiring  special
25    education  services  in  each fiscal year shall be treated in
26    that fiscal year as a  payment  to  the  school  district  in
27    respect  of  services provided or costs incurred in the prior
28    fiscal year, calculated in each  case  as  provided  in  this
29    Section.   Nothing in this Section shall change the nature of
30    payments for any program that, apart from this Section, would
31    be or, prior to adoption or amendment of this Section, was on
32    the basis of a  payment  in  a  fiscal  year  in  respect  of
33    services provided or costs incurred in the prior fiscal year,
34    calculated in each case as provided in this Section.
 
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 1        (d)  For   fiscal   year   1996   and  each  fiscal  year
 2    thereafter, the amount of the district's block  grants  shall
 3    be  determined  as  follows: (i) with respect to each program
 4    that is included within each block grant, the district  shall
 5    receive an amount equal to the same percentage of the current
 6    fiscal  year  appropriation  made  for  that  program  as the
 7    percentage of the appropriation received by the district from
 8    the 1995 fiscal year appropriation made for that program, and
 9    (ii) the total amount that is  due  the  district  under  the
10    block  grant  shall  be the aggregate of the amounts that the
11    district is entitled to receive  for  the  fiscal  year  with
12    respect  to  each  program  that is included within the block
13    grant that the State  Board  of  Education  shall  award  the
14    district under this Section for that fiscal year.
15        (e)  The district is not required to file any application
16    or  other claim in order to receive the block grants to which
17    it is entitled under  this  Section.    The  State  Board  of
18    Education  shall make payments to the district of amounts due
19    under the district's block grants on a schedule determined by
20    the State Board of Education.
21        (f)  A school district  to  which  this  Section  applies
22    shall  report  to  the State Board of Education on its use of
23    the block grants in such form and detail as the  State  Board
24    of Education may specify.
25        (g)  This  paragraph  provides for the treatment of block
26    grants under Article  1C  for  purposes  of  calculating  the
27    amount  of  block  grants  for a district under this Section.
28    Those block grants under Article 1C IC are, for this purpose,
29    treated as included in the amount of  appropriation  for  the
30    various  programs  set  forth  in  paragraph  (b) above.  The
31    appropriation in each current  fiscal  year  for  each  block
32    grant under Article 1C shall be treated for these purposes as
33    appropriations  for  the  individual program included in that
34    block grant.  The proportion of each block grant so allocated
 
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 1    to each such program included in it shall be  the  proportion
 2    which   the   appropriation  for  that  program  was  of  all
 3    appropriations for such purposes now in that block grant,  in
 4    fiscal 1995.
 5    (Source:  P.A.  89-15,  eff.  5-30-95;  89-698, eff. 1-14-97;
 6    90-566, eff. 1-2-98; 90-653, eff. 7-29-98.)

 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
32    residential  facility,  within  or  without  the   State   of
33    Illinois,   which  provides  special  education  and  related
 
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 1    services to meet the needs of the child by utilizing  private
 2    schools or public schools, whether located on the site or off
 3    the site of the residential facility.
 4        The  State  Board of Education shall promulgate rules and
 5    regulations for  determining  when  placement  in  a  private
 6    special  education  facility  is appropriate.  Such rules and
 7    regulations shall take into  account  the  various  types  of
 8    services  needed  by  a  child  and  the availability of such
 9    services to the particular child in  the  public  school.  In
10    developing  these  rules  and  regulations the State Board of
11    Education  shall  consult  with  the  Advisory   Council   on
12    Education  of  Children  with  Disabilities  and  hold public
13    hearings  to  secure  recommendations  from  parents,  school
14    personnel, and others concerned about this matter.
15        The State Board of Education shall also promulgate  rules
16    and  regulations for transportation to and from a residential
17    school. Transportation to and  from  home  to  a  residential
18    school  more  than  once each school term shall be subject to
19    prior approval by the State Superintendent in accordance with
20    the rules and regulations of the State Board.
21        A school district making  tuition  payments  pursuant  to
22    this Section is eligible for reimbursement from the State for
23    the  amount  of  such payments actually made in excess of the
24    district per capita tuition charge for students not receiving
25    special  education  services.  Such  reimbursement  shall  be
26    approved  in  accordance  with  Section  14-12.01  and   each
27    district  shall  file its claims, computed in accordance with
28    rules prescribed by the State Board of  Education,  with  the
29    regional superintendent of schools on or before August 1, for
30    approval  on  forms prescribed by the State Superintendent of
31    Education.  Data used as  a  basis  of  reimbursement  claims
32    shall  be  for  the  preceding regular school term and summer
33    school term.  The regional superintendent  of  schools  shall
34    approve  the claims as to form and transmit the claims to the
 
HB0558 Engrossed            -6-                LRB9102353NTsb
 1    State Board of Education on or before August 15.   The  State
 2    Board  of  Education, before approving any such claims, shall
 3    determine their accuracy and  whether  they  are  based  upon
 4    services  and  facilities  provided  under approved programs.
 5    Upon approval the State Board  shall  cause  vouchers  to  be
 6    prepared  showing the amount due for payment of reimbursement
 7    claims to school districts,  for  transmittal  to  the  State
 8    Comptroller  on  the  30th  day  of  September, December, and
 9    March, respectively, and the final  voucher,  no  later  than
10    June  20.  If  the money appropriated by the General Assembly
11    for such purpose for any year is insufficient,  it  shall  be
12    apportioned on the basis of the claims approved.
13        No  child  shall be placed in a special education program
14    pursuant to this Section if  the  tuition  cost  for  special
15    education and related services increases more than 10 percent
16    over the tuition cost for the previous school year or exceeds
17    $4,500  per  year unless such costs have been approved by the
18    Illinois  Purchased  Care   Review   Board.    The   Illinois
19    Purchased  Care  Review  Board shall consist of the following
20    persons, or their designees:  the Directors of  Children  and
21    Family Services, Public Health, Public Aid, and the Bureau of
22    the  Budget;  the  Secretary  of  Human  Services;  the State
23    Superintendent of Education; and such other  persons  as  the
24    Governor  may   designate.   The Review Board shall establish
25    rules and regulations  for  its  determination  of  allowable
26    costs and payments made by local school districts for special
27    education,   room  and  board,  and  other  related  services
28    provided  by  non-public   schools   or   special   education
29    facilities and shall establish uniform standards and criteria
30    which it shall follow.
31        The  Review Board shall establish uniform definitions and
32    criteria for accounting separately by special education, room
33    and board and other related services costs.  The Board  shall
34    also  establish  guidelines  for the coordination of services
 
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 1    and financial assistance provided by all  State  agencies  to
 2    assure  that  no otherwise qualified disabled child receiving
 3    services  under   Article   14   shall   be   excluded   from
 4    participation  in,  be denied the benefits of or be subjected
 5    to discrimination under any program or activity  provided  by
 6    any State agency.
 7        The  Review  Board  shall  review  the  costs for special
 8    education and related services provided by non-public schools
 9    or  special  education  facilities  and  shall   approve   or
10    disapprove  such  facilities in accordance with the rules and
11    regulations established  by  it  with  respect  to  allowable
12    costs.
13        The State Board of Education shall provide administrative
14    and  staff  support for the Review Board as deemed reasonable
15    by the State Superintendent of Education.  This support shall
16    not include travel expenses or  other  compensation  for  any
17    Review  Board  member  other than the State Superintendent of
18    Education.
19        The Review Board shall seek the advice  of  the  Advisory
20    Council  on  Education  of  Children with Disabilities on the
21    rules and regulations to be promulgated  by  it  relative  to
22    providing special education services.
23        If  a  child  has  been  placed in a program in which the
24    actual per pupil costs of tuition for special  education  and
25    related services based on program enrollment, excluding room,
26    board  and transportation costs, exceed $4,500 and such costs
27    have been approved by the Review Board,  the  district  shall
28    pay  such total costs which exceed $4,500.  A district making
29    such tuition payments in excess of $4,500  pursuant  to  this
30    Section  shall  be  responsible  for  an  amount in excess of
31    $4,500 equal to the district per capita  tuition  charge  and
32    shall  be  eligible  for reimbursement from the State for the
33    amount of such  payments  actually  made  in  excess  of  the
34    districts   per   capita  tuition  charge  for  students  not
 
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 1    receiving special education services.
 2        If a child has been  placed  in  an  approved  individual
 3    program  and the tuition costs including room and board costs
 4    have been approved by the Review Board, then  such  room  and
 5    board  costs  shall  be  paid by the appropriate State agency
 6    subject to the provisions of Section  14-8.01  of  this  Act.
 7    Room  and  board  costs  not provided by a State agency other
 8    than the State Board of Education shall be  provided  by  the
 9    State  Board  of  Education on a current basis.  In no event,
10    however, shall the State's liability  for  funding  of  these
11    tuition  costs  begin  until  after  the legal obligations of
12    third party payors have been subtracted from such costs.   If
13    the  money  appropriated  by  the  General  Assembly for such
14    purpose for any year is insufficient, it shall be apportioned
15    on the basis of the claims  approved.   Each  district  shall
16    submit  estimated  claims  to  the regional superintendent of
17    schools  for  transmittal  to  the  State  Superintendent  of
18    Education.   Upon  approval  of  such   claims,   the   State
19    Superintendent   of   Education   shall   direct   the  State
20    Comptroller  to  make  payments  on  a  monthly  basis.   The
21    frequency  for  submitting estimated claims and the method of
22    determining  payment  shall  be  prescribed  in   rules   and
23    regulations  adopted  by the State Board of Education.   Such
24    current state reimbursement shall be  reduced  by  an  amount
25    equal  to the proceeds which the child or child's parents are
26    eligible to receive under any public or private insurance  or
27    assistance   program.   Nothing  in  this  Section  shall  be
28    construed as relieving an insurer or similar third party from
29    an otherwise valid  obligation  to  provide  or  to  pay  for
30    services provided to a disabled child.
31        If  it otherwise qualifies, a school district is eligible
32    for the transportation reimbursement under  Section  14-13.01
33    and  for  the  reimbursement  of  tuition payments under this
34    Section whether the non-public school  or  special  education
 
HB0558 Engrossed            -9-                LRB9102353NTsb
 1    facility,   public  out-of-state  school  or  county  special
 2    education facility, attended by a child who resides  in  that
 3    district and requires special educational services, is within
 4    or  outside of the State of Illinois.  However, a district is
 5    not eligible to claim transportation reimbursement under this
 6    Section  unless  the  district   certifies   to   the   State
 7    Superintendent  of  Education  that the district is unable to
 8    provide special educational services required  by  the  child
 9    for the current school year.
10        Nothing in this Section authorizes the reimbursement of a
11    school  district  for  the amount paid for tuition of a child
12    attending a non-public school or special education  facility,
13    public   out-of-state  school  or  county  special  education
14    facility unless the school district certifies  to  the  State
15    Superintendent   of  Education  that  the  special  education
16    program of that district is unable to meet the needs of  that
17    child  because of his disability and the State Superintendent
18    of Education finds that the school district is in substantial
19    compliance with Section 14-4.01.
20        Any educational or related services provided, pursuant to
21    this Section in a  non-public  school  or  special  education
22    facility  or  a special education facility owned and operated
23    by a county government unit shall be at no cost to the parent
24    or guardian of the child. However, current law and  practices
25    relative  to  contributions by parents or guardians for costs
26    other than educational or related services are  not  affected
27    by this amendatory Act of 1978.
28        Reimbursement   for   children  attending  public  school
29    residential facilities shall be made in accordance  with  the
30    provisions of this Section.
31    (Source:  P.A.  88-555,  eff.  7-27-94;  88-641, eff. 9-9-94;
32    89-21,  eff.  7-1-95;  89-235,  eff.  8-4-95;  89-397,   eff.
33    8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
 
HB0558 Engrossed            -10-               LRB9102353NTsb
 1        (105 ILCS 5/14-7.02b new)
 2        Sec.  14-7.02b.  Funding  for  children requiring special
 3    education services. Payments to school  districts  and  joint
 4    agreements  for children requiring special education services
 5    documented  in   their   individualized   education   program
 6    regardless  of  the  program  from  which  these services are
 7    received, excluding children claimed under Section 14-7.03 of
 8    this Code, shall be made in  accordance  with  this  Section.
 9    Funds  received  under  this Section may be used only for the
10    provision of special educational facilities and  services  as
11    defined in Section 14-1.08 of this Code.
12        The  appropriation  for  fiscal  year 2000 and thereafter
13    shall be based upon the IDEA child count of all  students  in
14    the  State,  excluding students claimed under Section 14-7.03
15    of this Code, on December  1  of  the  fiscal  year  2  years
16    preceding,  multiplied  by  35%  of  the  general  State  aid
17    foundation  level of support established for that fiscal year
18    under Section 18-8.05 of this Code.
19        Beginning  with  fiscal   year   2000   and   thereafter,
20    individual   school  districts  shall  not  receive  payments
21    totaling less than they received under the funding authorized
22    under Sections 14-7.02  and  14-7.02a  of  this  Code  during
23    fiscal  year  1999,  pursuant  to  the  provisions  of  those
24    Sections  as they were in effect before the effective date of
25    this amendatory Act of the 91st General Assembly.  This  base
26    level funding shall be computed first.
27        An  amount  equal  to  85%  of the funds remaining in the
28    appropriation after subtracting the base level funding  shall
29    be  allocated  to  school districts based upon the district's
30    average daily attendance reported  for  purposes  of  Section
31    18-8.05  of this Code for the preceding school year.  Fifteen
32    percent of the funds remaining  in  the  appropriation  after
33    subtracting  the  base  level  funding  shall be allocated to
34    school  districts  based  upon  the  district's  low   income
 
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 1    eligible pupil count used in the calculation of general State
 2    aid  under  Section  18-8.05 of this Code for the same fiscal
 3    year.  Eighty percent of the funds computed and allocated  to
 4    districts under this Section shall be distributed and paid to
 5    school   districts   who  are  members  of  recognized  joint
 6    agreements for special education. The remaining 20% shall  be
 7    paid  to  the  joint agreement for special education to which
 8    the district is a member. Districts that are not  members  of
 9    recognized  joint  agreements  for  special  education  shall
10    receive  100%  of the funds computed and allocated under this
11    Section.
12        The 20%  of  the  funds  paid  to  the  recognized  joint
13    agreements  for  special  education  and  20%  of  the  funds
14    received   by   districts  that  are  not  members  of  joint
15    agreements for special education must be set aside in a  High
16    Cost  Fund  for the payment of services, in whole or in part,
17    for individual students with disabilities whose program costs
18    exceed 3 times the district's  per  capita  tuition  rate  as
19    calculated   under   Section  10-20.12a  of  this  Code.  The
20    management and distribution of funds from the High Cost  Fund
21    shall  be  in  accordance with rules promulgated by the State
22    Board of Education.
23        The State Board of Education shall prepare vouchers equal
24    to one-fourth the amount allocated  to  districts  and  their
25    joint agreements, for transmittal to the State Comptroller on
26    the 30th day of September, December, and March, respectively,
27    and the final voucher, no later than June 20. The Comptroller
28    shall  make  payments  pursuant  to  this  Section  to school
29    districts and their joint  agreements  as  soon  as  possible
30    after receipt of vouchers. If the money appropriated from the
31    General   Assembly   for   such  purposes  for  any  year  is
32    insufficient, it shall be apportioned on  the  basis  of  the
33    payments  due  to school districts and their joint agreements
34    at a level of not less than the following  for  all  payments
 
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 1    due  under  this  Section:  55% for fiscal year 2000, 70% for
 2    fiscal year 2001, 85% for fiscal  year  2002,  and  100%  for
 3    fiscal year 2003 and thereafter.
 4        Nothing in this Section shall be construed to decrease or
 5    increase  the  percentage of all special education funds that
 6    are allocated annually under Article 1D of this  Code  or  to
 7    alter  the requirement that a school district provide special
 8    education services.
 9        Nothing in  this  amendatory  Act  of  the  91st  General
10    Assembly shall eliminate any reimbursement obligation owed as
11    of  the  effective  date  of  this amendatory Act of the 91st
12    General Assembly to a  school  district  with  in  excess  of
13    500,000 inhabitants.

14        (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
15        Sec.  14-8.01. Supervision of special education buildings
16    and facilities. All special educational facilities,  building
17    programs, housing, and all educational programs for the types
18    of  disabled  children  defined  in  Section 14-1.02 shall be
19    under the supervision of and subject to the approval  of  the
20    State Board of Education.
21        All  special education facilities, building programs, and
22    housing shall comply with the  building  code  authorized  by
23    Section 2-3.12.
24        All  educational  programs for children with disabilities
25    as defined in  Section  14-1.02  administered  by  any  State
26    agency  shall  be  under the general supervision of the State
27    Board of Education.  Such supervision  shall  be  limited  to
28    insuring   that  such  educational  programs  meet  standards
29    jointly developed and agreed to by both the  State  Board  of
30    Education and the operating State agency, including standards
31    for educational personnel.
32        Any  State  agency providing special educational programs
33    for children with disabilities as defined in Section  14-1.02
 
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 1    shall promulgate  rules and regulations, in consultation with
 2    the  State  Board  of  Education and pursuant to the Illinois
 3    Administrative Procedure Act as now or hereafter amended,  to
 4    insure  that  all  such programs comply with this Section and
 5    Section 14-8.02.
 6        No otherwise qualified disabled child  receiving  special
 7    education  and related services under Article 14 shall solely
 8    by reason of his or  her  disability  be  excluded  from  the
 9    participation in or be denied the benefits of or be subjected
10    to discrimination under any program or activity provided by a
11    State agency.
12        State  agencies  providing  special education and related
13    services,  including  room  and  board,  either  directly  or
14    through grants or purchases of  services  shall  continue  to
15    provide these services according to current law and practice.
16    Room  and  board  costs  not provided by a State agency other
17    than the State Board of Education shall be  provided  by  the
18    State  Board  of  Education to the extent of available funds.
19    An amount equal to one-half of the State  education  agency's
20    share  of  IDEA  PART B federal monies, or so much thereof as
21    may actually be needed, shall annually be appropriated to pay
22    for the additional costs of providing for room and board  for
23    those children placed pursuant to Section 14-7.02 of this Act
24    and,  after  all  such  room  and  board  costs are paid, for
25    similar expenditures for children served pursuant to  Section
26    14-7.02  or  14-7.02a  of  this Act, based in community based
27    programs  that   serve   as   alternatives   to   residential
28    placements.
29        Beginning  with  Fiscal  Year 1997 and continuing through
30    Fiscal Year 2000, 100%  of  the  former  Chapter  I,  Section
31    89-313 federal funds shall be allocated by the State Board of
32    Education  in  the same manner as IDEA, PART B "flow through"
33    funding to local  school  districts,  joint  agreements,  and
34    special   education   cooperatives  for  the  maintenance  of
 
HB0558 Engrossed            -14-               LRB9102353NTsb
 1    instructional and related support services to  students  with
 2    disabilities.  However,  beginning with Fiscal Year 1998, the
 3    total IDEA Part B discretionary funds available to the  State
 4    Board  of  Education shall not exceed the maximum permissible
 5    under federal law or 20% of the total federal funds available
 6    to the State, whichever  is  less.   In  no  case  shall  the
 7    aggregate  IDEA  Part  B  discretionary funds received by the
 8    State Board of Education exceed the amount  of  IDEA  Part  B
 9    discretionary funds available to the State Board of Education
10    for  Fiscal  Year  1997,  excluding  any carryover funds from
11    prior fiscal years, increased by 3% for Fiscal Year 1998  and
12    increased   by   an   additional  3%  for  each  fiscal  year
13    thereafter.  After all room and board  payments  and  similar
14    expenditures  are  made  by  the  State Board of Education as
15    required by this Section, the State Board  of  Education  may
16    use  the remaining funds for administration and for providing
17    discretionary  activities.   However,  the  State  Board   of
18    Education may use no more than 25% of its available IDEA Part
19    B discretionary funds for administrative services.
20        Special  education  and  related services included in the
21    child's individualized  educational  program  which  are  not
22    provided  by  another  State  agency shall be included in the
23    special education and related services provided by the  State
24    Board of Education and the local school district.
25        The  State  Board  of  Education  with  the advice of the
26    Advisory Council shall prescribe the standards and  make  the
27    necessary   rules   and  regulations  for  special  education
28    programs administered by local school boards,  including  but
29    not   limited   to   establishment   of   classes,   training
30    requirements  of  teachers  and other professional personnel,
31    eligibility and admission of pupils,  the  curriculum,  class
32    size  limitation, building programs, housing, transportation,
33    special  equipment  and  instructional  supplies,   and   the
34    applications for claims for reimbursement. The State Board of
 
HB0558 Engrossed            -15-               LRB9102353NTsb
 1    Education  shall  promulgate rules and regulations for annual
 2    evaluations of the effectiveness  of  all  special  education
 3    programs  and  annual evaluation by the local school district
 4    of the individualized educational program for each child  for
 5    whom it provides special education services.
 6        A  school  district  is  responsible for the provision of
 7    educational services for all  school  age  children  residing
 8    within  its boundaries excluding any student placed under the
 9    provisions of Section 14-7.02 or any disabled  student  whose
10    parent  or guardian lives outside of the State of Illinois as
11    described in Section 14-1.11.
12    (Source: P.A. 89-397,  eff.  8-20-95;  89-622,  eff.  8-9-96;
13    90-547, eff. 12-1-97.)

14        (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
15        Sec.  18-4.3.   Summer  school  grants.   Grants shall be
16    determined for pupil attendance in summer  schools  conducted
17    under Sections 10-22.33A and 34-18 and approved under Section
18    2-3.25 in the following manner.
19        The  amount  of  grant  for each accredited summer school
20    attendance pupil shall be  obtained  by  dividing  the  total
21    amount  of  apportionments  determined  under Section 18-8 or
22    Section 18-8.05 by the actual number  of  pupils  in  average
23    daily attendance used for such apportionments.  The number of
24    credited  summer school attendance pupils shall be determined
25    (a) by counting clock hours of class  instruction  by  pupils
26    enrolled in grades 1 through 12 in approved courses conducted
27    at  least  60 clock hours in summer sessions; (b) by dividing
28    such total of clock  hours  of  class  instruction  by  4  to
29    produce  days  of  credited pupil attendance; (c) by dividing
30    such days of credited pupil attendance by the  actual  number
31    of  days  in  the  regular term as used in computation in the
32    general apportionment in Section 18-8; and (d) by multiplying
33    by 1.25.
 
HB0558 Engrossed            -16-               LRB9102353NTsb
 1        The amount of the  grant  for  a  summer  school  program
 2    approved   by  the  State  Superintendent  of  Education  for
 3    children with disabilities, as defined  in  Sections  14-1.02
 4    through  14-1.07, shall be determined in the manner contained
 5    above except that average daily membership shall be  utilized
 6    in lieu of average daily attendance.
 7        In  the  case  of an apportionment based on summer school
 8    attendance or membership pupils, the claim therefor shall  be
 9    presented  as a separate claim for the particular school year
10    in  which such summer school  session  ends.   On  or  before
11    October  15  of each year the superintendent of each eligible
12    school district shall certify to the regional  superintendent
13    the  claim of the district for the summer session just ended.
14    Failure on the part of the school board to so  certify  shall
15    constitute  a  forfeiture  of its right to such payment.  The
16    regional  superintendent   shall   certify   to   the   State
17    Superintendent  of  Education  no  later  than November 1 the
18    regional report of  claims  for  summer  school.   The  State
19    Superintendent of Education shall transmit to the Comptroller
20    no later than December 15th of each year vouchers for payment
21    of amounts due school districts for summer school.  The State
22    Superintendent  of  Education shall direct the Comptroller to
23    draw his warrants for payments thereof by  the  30th  day  of
24    December.   If the money appropriated by the General Assembly
25    for  such  purpose  for any year is insufficient, it shall be
26    apportioned on the basis of claims approved.
27        However, notwithstanding the  foregoing  provisions,  for
28    each  fiscal  year  the  money  appropriated  by  the General
29    Assembly for the purposes of this Section shall only be  used
30    for  grants  for  approved  summer  school programs for those
31    children  with  disabilities  served  pursuant   to   Section
32    Sections 14-7.02 and 14-7.02a of the School Code.
33    (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)
 
HB0558 Engrossed            -17-               LRB9102353NTsb
 1        (105 ILCS 5/14-7.02a rep.)
 2        Section  10.  The  School  Code  is  amended by repealing
 3    Section 14-7.02a.

 4        Section 99.  Effective date.  This Act takes effect  upon
 5    becoming law.

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