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91_HB1730eng HB1730 Engrossed LRB9101979NTsb 1 AN ACT to amend the School Code by changing Sections 2 14-7.02, 14-7.02a, 14-12.01, 14-13.01, 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, 14-7.02a, 14-12.01, 14-13.01, and 18-4.3 as 7 follows: 8 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02) 9 Sec. 14-7.02. Children attending private schools, public 10 out-of-state schools, public school residential facilities or 11 private special education facilities. The General Assembly 12 recognizes that non-public schools or special education 13 facilities provide an important service in the educational 14 system in Illinois. 15 If because of his or her disability the special education 16 program of a district is unable to meet the needs of a child 17 and the child attends a non-public school or special 18 education facility, a public out-of-state school or a special 19 education facility owned and operated by a county government 20 unit that provides special educational services required by 21 the child and is in compliance with the appropriate rules and 22 regulations of the State Superintendent of Education, the 23 school district in which the child is a resident shall pay 24 the actual cost of tuition for special education and related 25 services provided during the regular school term and during 26 the summer school term if the child's educational needs so 27 require, excluding room, board and transportation costs 28 charged the child by that non-public school or special 29 education facility, public out-of-state school or county 30 special education facility, or $4,500 per year, whichever is 31 less, and shall provide him any necessary transportation. HB1730 Engrossed -2- LRB9101979NTsb 1 "Nonpublic special education facility" shall include a 2 residential facility, within or without the State of 3 Illinois, which provides special education and related 4 services to meet the needs of the child by utilizing private 5 schools or public schools, whether located on the site or off 6 the site of the residential facility. 7 The State Board of Education shall promulgate rules and 8 regulations for determining when placement in a private 9 special education facility is appropriate. Such rules and 10 regulations shall take into account the various types of 11 services needed by a child and the availability of such 12 services to the particular child in the public school. In 13 developing these rules and regulations the State Board of 14 Education shall consult with the Advisory Council on 15 Education of Children with Disabilities and hold public 16 hearings to secure recommendations from parents, school 17 personnel, and others concerned about this matter. 18 The State Board of Education shall also promulgate rules 19 and regulations for transportation to and from a residential 20 school. Transportation to and from home to a residential 21 school more than once each school term shall be subject to 22 prior approval by the State Superintendent in accordance with 23 the rules and regulations of the State Board. 24 A school district making tuition payments pursuant to 25 this Section is eligible for reimbursement from the State for 26 the amount of such payments actually made in excess of the 27 district per capita tuition charge for students not receiving 28 special education services. Such reimbursement shall be 29 approved in accordance with Section 14-12.01 and each 30 district shall file its claims, computed in accordance with 31 rules prescribed by the State Board of Education, with the 32 regional superintendent of schools on or before August 1, for 33 approval on forms prescribed by the State Superintendent of 34 Education. Data used as a basis of reimbursement claims HB1730 Engrossed -3- LRB9101979NTsb 1 shall be for the preceding regular school term and summer 2 school term. The regional superintendent of schools shall 3 approve the claims as to form and transmit the claims to the 4 State Board of Education on or before August 15. The State 5 Board of Education, before approving any such claims, shall 6 determine their accuracy and whether they are based upon 7 services and facilities provided under approved programs. 8 Upon approval the State Board shall cause vouchers to be 9 prepared showing the amount due for payment of reimbursement 10 claims to school districts, for transmittal to the State 11 Comptroller on the 30th day of September, December, and 12 March, respectively, and the final voucher, no later than 13 June 20.If the money appropriated by the General Assembly14for such purpose for any year is insufficient, it shall be15apportioned on the basis of the claims approved.16 No child shall be placed in a special education program 17 pursuant to this Section if the tuition cost for special 18 education and related services increases more than 10 percent 19 over the tuition cost for the previous school year or exceeds 20 $4,500 per year unless such costs have been approved by the 21 Illinois Purchased Care Review Board. The Illinois 22 Purchased Care Review Board shall consist of the following 23 persons, or their designees: the Directors of Children and 24 Family Services, Public Health, Public Aid, and the Bureau of 25 the Budget; the Secretary of Human Services; the State 26 Superintendent of Education; and such other persons as the 27 Governor may designate. The Review Board shall establish 28 rules and regulations for its determination of allowable 29 costs and payments made by local school districts for special 30 education, room and board, and other related services 31 provided by non-public schools or special education 32 facilities and shall establish uniform standards and criteria 33 which it shall follow. 34 The Review Board shall establish uniform definitions and HB1730 Engrossed -4- LRB9101979NTsb 1 criteria for accounting separately by special education, room 2 and board and other related services costs. The Board shall 3 also establish guidelines for the coordination of services 4 and financial assistance provided by all State agencies to 5 assure that no otherwise qualified disabled child receiving 6 services under Article 14 shall be excluded from 7 participation in, be denied the benefits of or be subjected 8 to discrimination under any program or activity provided by 9 any State agency. 10 The Review Board shall review the costs for special 11 education and related services provided by non-public schools 12 or special education facilities and shall approve or 13 disapprove such facilities in accordance with the rules and 14 regulations established by it with respect to allowable 15 costs. 16 The State Board of Education shall provide administrative 17 and staff support for the Review Board as deemed reasonable 18 by the State Superintendent of Education. This support shall 19 not include travel expenses or other compensation for any 20 Review Board member other than the State Superintendent of 21 Education. 22 The Review Board shall seek the advice of the Advisory 23 Council on Education of Children with Disabilities on the 24 rules and regulations to be promulgated by it relative to 25 providing special education services. 26 If a child has been placed in a program in which the 27 actual per pupil costs of tuition for special education and 28 related services based on program enrollment, excluding room, 29 board and transportation costs, exceed $4,500 and such costs 30 have been approved by the Review Board, the district shall 31 pay such total costs which exceed $4,500. A district making 32 such tuition payments in excess of $4,500 pursuant to this 33 Section shall be responsible for an amount in excess of 34 $4,500 equal to the district per capita tuition charge and HB1730 Engrossed -5- LRB9101979NTsb 1 shall be eligible for reimbursement from the State for the 2 amount of such payments actually made in excess of the 3 districts per capita tuition charge for students not 4 receiving special education services. 5 If a child has been placed in an approved individual 6 program and the tuition costs including room and board costs 7 have been approved by the Review Board, then such room and 8 board costs shall be paid by the appropriate State agency 9 subject to the provisions of Section 14-8.01 of this Act. 10 Room and board costs not provided by a State agency other 11 than the State Board of Education shall be provided by the 12 State Board of Education on a current basis. In no event, 13 however, shall the State's liability for funding of these 14 tuition costs begin until after the legal obligations of 15 third party payors have been subtracted from such costs. If 16 the money appropriated by the General Assembly for such 17 purpose for any year is insufficient, it shall be apportioned 18 on the basis of the claims approved. Each district shall 19 submit estimated claims to the regional superintendent of 20 schools for transmittal to the State Superintendent of 21 Education. Upon approval of such claims, the State 22 Superintendent of Education shall direct the State 23 Comptroller to make payments on a monthly basis. The 24 frequency for submitting estimated claims and the method of 25 determining payment shall be prescribed in rules and 26 regulations adopted by the State Board of Education. Such 27 current state reimbursement shall be reduced by an amount 28 equal to the proceeds which the child or child's parents are 29 eligible to receive under any public or private insurance or 30 assistance program. Nothing in this Section shall be 31 construed as relieving an insurer or similar third party from 32 an otherwise valid obligation to provide or to pay for 33 services provided to a disabled child. 34 If it otherwise qualifies, a school district is eligible HB1730 Engrossed -6- LRB9101979NTsb 1 for the transportation reimbursement under Section 14-13.01 2 and for the reimbursement of tuition payments under this 3 Section whether the non-public school or special education 4 facility, public out-of-state school or county special 5 education facility, attended by a child who resides in that 6 district and requires special educational services, is within 7 or outside of the State of Illinois. However, a district is 8 not eligible to claim transportation reimbursement under this 9 Section unless the district certifies to the State 10 Superintendent of Education that the district is unable to 11 provide special educational services required by the child 12 for the current school year. 13 Nothing in this Section authorizes the reimbursement of a 14 school district for the amount paid for tuition of a child 15 attending a non-public school or special education facility, 16 public out-of-state school or county special education 17 facility unless the school district certifies to the State 18 Superintendent of Education that the special education 19 program of that district is unable to meet the needs of that 20 child because of his disability and the State Superintendent 21 of Education finds that the school district is in substantial 22 compliance with Section 14-4.01. 23 Any educational or related services provided, pursuant to 24 this Section in a non-public school or special education 25 facility or a special education facility owned and operated 26 by a county government unit shall be at no cost to the parent 27 or guardian of the child. However, current law and practices 28 relative to contributions by parents or guardians for costs 29 other than educational or related services are not affected 30 by this amendatory Act of 1978. 31 Reimbursement for children attending public school 32 residential facilities shall be made in accordance with the 33 provisions of this Section. 34 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94; HB1730 Engrossed -7- LRB9101979NTsb 1 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff. 2 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.) 3 (105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a) 4 Sec. 14-7.02a. Children requiring extraordinary special 5 education services and facilities. A school district 6 providing for a child requiring extraordinary special 7 education services because of the nature of his disability is 8 eligible for reimbursement from the State if the cost of 9 educating that child is computed, as set forth in Section 10 14-7.01, to be in excess of one and one-half times the 11 district per capita tuition charge for the prior year. Such 12 costs beyond one per capita tuition charge shall be 13 reimbursed, up to a maximum of $2,500$2,000. 14 A child is deemed to require extraordinary special 15 education services and facilities under the following 16 conditions: 17 1) the school district has determined that the 18 child requires extraordinary special education facilities 19 pursuant to the multidisciplinary case study and the 20 individualized education program; 21 2) the school district maintains adequate cost 22 accounting to document the per capita cost of special 23 education; and 24 3) the school district submits approval and claim 25 data annually for each eligible child. 26 Extraordinary special education services provided on a 27 one-half day basis shall only be reimbursed at a rate of 28 one-half the amount otherwise provided herein. 29 (Source: P.A. 88-16.) 30 (105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01) 31 Sec. 14-12.01. Account of expenditures - Cost report - 32 Reimbursement. Each school board shall keep an accurate, HB1730 Engrossed -8- LRB9101979NTsb 1 detailed and separate account of all monies paid out by it 2 for the maintenance of each of the types of facilities, 3 classes and schools authorized by this Article for the 4 instruction and care of pupils attending them and for the 5 cost of their transportation, and shall annually report 6 thereon indicating the cost of each such elementary or high 7 school pupil for the school year ending June 30. 8 Applications for preapproval for reimbursement for costs 9 of special education must be first submitted through the 10 office of the regional superintendent of schools to the State 11 Superintendent of Education on or before 30 days after a 12 special class or service is started. Applications shall set 13 forth a plan for special education established and maintained 14 in accordance with this Article. Such applications shall be 15 limited to the cost of construction and maintenance of 16 special education facilities designed and utilized to house 17 instructional programs, diagnostic services, other special 18 education services for children with disabilities and 19 reimbursement as provided in Section 14-13.01. Such 20 application shall not include the cost of construction or 21 maintenance of any administrative facility separated from 22 special education facilities designed and utilized to house 23 instructional programs, diagnostic services, and other 24 special education services for children with disabilities. 25 Reimbursement claims for special education shall be made as 26 follows: 27 Each district shall file its claim computed in accordance 28 with rules prescribed by the State Board of Education with 29 the regional superintendent of schools, in triplicate, on or 30 before August 1, for approval on forms prescribed by the 31 State Superintendent of Education. Data used as a basis of 32 reimbursement claims shall be for the school year ended on 33 June 30 preceding. The regional superintendent of schools 34 shall check and upon approval provide the State HB1730 Engrossed -9- LRB9101979NTsb 1 Superintendent of Education with the original and one copy of 2 the claims on or before August 15. The State Superintendent 3 of Education before approving any such claims shall determine 4 their accuracy and whether they are based upon services and 5 facilities provided under approved programs. Upon approval, 6 vouchers for the amounts due the respective districts shall 7 be prepared and submitted during each fiscal year as follows: 8 the first 3 vouchers shall be prepared by the State 9 Superintendent of Education and transmitted to the 10 Comptroller on the 30th day of September, December and March, 11 respectively, and the final voucher, no later than June 20. 12 If, after preparation and transmittal of the September 30 13 vouchers, any claim has been redetermined by the State 14 Superintendent of Education, subsequent vouchers shall be 15 adjusted in amount to compensate for any overpayment or 16 underpayment previously made.If the money appropriated by17the General Assembly for such purpose for any year is18insufficient, it shall be apportioned on the basis of the19claims approved.20 Claims received at the State Board of Education after 21 August 15 shall not be honored. Claims received by August 15 22 may be amended until November 30. 23 All reimbursement shall be paid at 100%. Recognizing the 24 needs of students with disabilities and the financial burden 25 upon the school districts in educating those students, the 26 General Assembly shall annually appropriate adequate funding 27 to reimburse at 100% of the cost of providing special 28 education. If there are any excess funds remaining from the 29 appropriation reimbursing all filed claims, the General 30 Assembly shall reappropriate those excess funds for other 31 educational purposes in that same fiscal year. Beginning 32 with the fiscal year 2000, if the amount appropriated for any 33 year is less than the amount required for purposes of this 34 Section and Sections 14-7.02 and 18-4.3, the amount required HB1730 Engrossed -10- LRB9101979NTsb 1 to eliminate any insufficient reimbursement for each district 2 claim under those Sections shall be reimbursed on September 3 30 of the next fiscal year. Payments required to eliminate 4 any insufficiency for prior fiscal year claims shall be made 5 before any claims are paid for the current fiscal year. 6 (Source: P.A. 88-641, eff. 9-9-94; 89-397, eff. 8-20-95.) 7 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01) 8 Sec. 14-13.01. Reimbursement payable by State; Amounts. 9 Reimbursement for furnishing special educational facilities 10 in a recognized school to the type of children defined in 11 Section 14-1.02 shall be paid to the school districts in 12 accordance with Section 14-12.01 for each school year ending 13 June 30 by the State Comptroller out of any money in the 14 treasury appropriated for such purposes on the presentation 15 of vouchers by the State Board of Education. 16 The reimbursement shall be limited to funds expended for 17 construction and maintenance of special education facilities 18 designed and utilized to house instructional programs, 19 diagnostic services, other special education services for 20 children with disabilities and reimbursement as provided in 21 Section 14-13.01. There shall be no reimbursement for 22 construction and maintenance of any administrative facility 23 separated from special education facilities designed and 24 utilized to house instructional programs, diagnostic services 25 and other special education services for children with 26 disabilities. 27 (a) For children who have not been identified as 28 eligible for special education and for eligible children with 29 physical disabilities, including all eligible children whose 30 placement has been determined under Section 14-8.02 in 31 hospital or home instruction, 1/2 of the teacher's salary but 32 not more than $1,000 annually per child or 22% of the State's 33 average teacher salary for the prior school year$8,000per HB1730 Engrossed -11- LRB9101979NTsb 1 teacher for the 1999-20001985-1986school year and 2 thereafter, whichever is less. Children to be included in 3 any reimbursement under this paragraph must regularly receive 4 a minimum of one hour of instruction each school day, or in 5 lieu thereof of a minimum of 5 hours of instruction in each 6 school week in order to qualify for full reimbursement under 7 this Section. If the attending physician for such a child 8 has certified that the child should not receive as many as 5 9 hours of instruction in a school week, however, reimbursement 10 under this paragraph on account of that child shall be 11 computed proportionate to the actual hours of instruction per 12 week for that child divided by 5. 13 (b) For children described in Section 14-1.02, 4/5 of 14 the cost of transportation for each such child, whom the 15 State Superintendent of Education determined in advance 16 requires special transportation service in order to take 17 advantage of special educational facilities. Transportation 18 costs shall be determined in the same fashion as provided in 19 Section 29-5. For purposes of this subsection (b), the dates 20 for processing claims specified in Section 29-5 shall apply. 21 (c) For each professional worker, excluding those 22 included in subparagraphs (a), (d), (e), and (f) of this 23 Section, the annual sum of 22% of the State's average teacher 24 salary for the prior school year$8,000for the 1999-2000 251985-1986school year and thereafter. 26 (d) For one full time qualified director of the special 27 education program of each school district which maintains a 28 fully approved program of special education the annual sum of 29 22% of the State's average teacher salary for the prior 30 school year$8,000for the 1999-20001985-1986school year 31 and thereafter. Districts participating in a joint agreement 32 special education program shall not receive such 33 reimbursement if reimbursement is made for a director of the 34 joint agreement program. HB1730 Engrossed -12- LRB9101979NTsb 1 (e) For each school psychologist as defined in Section 2 14-1.09 the annual sum of 22% of the State's average teacher 3 salary for the prior school year$8,000for the 1999-2000 41985-1986school year and thereafter. 5 (f) For each qualified teacher working in a fully 6 approved program for children of preschool age who are deaf 7 or hard-of-hearing the annual sum of 22% of the State's 8 average teacher salary for the prior school year$8,000for 9 the 1999-20001985-1986school year and thereafter. 10 (g) For readers, working with blind or partially seeing 11 children 1/2 of their salary but not more than $400 annually 12 per child. Readers may be employed to assist such children 13 and shall not be required to be certified but prior to 14 employment shall meet standards set up by the State Board of 15 Education. 16 (h) For necessary non-certified employees working in any 17 class or program for children defined in this Article, 1/2 of 18 the salary paid or $2,800 annually per employee, whichever is 19 less. 20 The State Board of Education shall set standards and 21 prescribe rules for determining the allocation of 22 reimbursement under this section on less than a full time 23 basis and for less than a school year. 24 When any school district eligible for reimbursement under 25 this Section operates a school or program approved by the 26 State Superintendent of Education for a number of days in 27 excess of the adopted school calendar but not to exceed 235 28 school days, such reimbursement shall be increased by 1/185 29 of the amount or rate paid hereunder for each day such school 30 is operated in excess of 185 days per calendar year. 31 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94; 32 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.) 33 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3) HB1730 Engrossed -13- LRB9101979NTsb 1 Sec. 18-4.3. Summer school grants. Grants shall be 2 determined for pupil attendance in summer schools conducted 3 under Sections 10-22.33A and 34-18 and approved under Section 4 2-3.25 in the following manner. 5 The amount of grant for each accredited summer school 6 attendance pupil shall be obtained by dividing the total 7 amount of apportionments determined under Section 18-8 or 8 Section 18-8.05 by the actual number of pupils in average 9 daily attendance used for such apportionments. The number of 10 credited summer school attendance pupils shall be determined 11 (a) by counting clock hours of class instruction by pupils 12 enrolled in grades 1 through 12 in approved courses conducted 13 at least 60 clock hours in summer sessions; (b) by dividing 14 such total of clock hours of class instruction by 4 to 15 produce days of credited pupil attendance; (c) by dividing 16 such days of credited pupil attendance by the actual number 17 of days in the regular term as used in computation in the 18 general apportionment in Section 18-8; and (d) by multiplying 19 by 1.25. 20 The amount of the grant for a summer school program 21 approved by the State Superintendent of Education for 22 children with disabilities, as defined in Sections 14-1.02 23 through 14-1.07, shall be determined in the manner contained 24 above except that average daily membership shall be utilized 25 in lieu of average daily attendance. 26 In the case of an apportionment based on summer school 27 attendance or membership pupils, the claim therefor shall be 28 presented as a separate claim for the particular school year 29 in which such summer school session ends. On or before 30 October 15 of each year the superintendent of each eligible 31 school district shall certify to the regional superintendent 32 the claim of the district for the summer session just ended. 33 Failure on the part of the school board to so certify shall 34 constitute a forfeiture of its right to such payment. The HB1730 Engrossed -14- LRB9101979NTsb 1 regional superintendent shall certify to the State 2 Superintendent of Education no later than November 1 the 3 regional report of claims for summer school. The State 4 Superintendent of Education shall transmit to the Comptroller 5 no later than December 15th of each year vouchers for payment 6 of amounts due school districts for summer school. The State 7 Superintendent of Education shall direct the Comptroller to 8 draw his warrants for payments thereof by the 30th day of 9 December.If the money appropriated by the General Assembly10for such purpose for any year is insufficient, it shall be11apportioned on the basis of claims approved.12 However, notwithstanding the foregoing provisions, for 13 each fiscal year the money appropriated by the General 14 Assembly for the purposes of this Section shall only be used 15 for grants for approved summer school programs for those 16 children with disabilities served pursuant to Sections 17 14-7.02 and 14-7.02a of the School Code. 18 (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.) 19 Section 99. Effective date. This Act takes effect July 20 1, 1999.