State of Illinois
92nd General Assembly
Legislation

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92_HB4221

 
                                               LRB9214151NTpk

 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, Summer Bridges, Preschool
24    At  Risk, K-6 Comprehensive Arts, School Improvement Support,
25    Urban  Education,  Scientific   Literacy,   Substance   Abuse
26    Prevention,  Second  Language  Planning,  Staff  Development,
27    Outcomes  and  Assessment,  K-6 Reading Improvement, Truants'
28    Optional Education, Hispanic Programs, Agriculture Education,
29    Gifted Education, Parental Education, Prevention  Initiative,
30    Report   Cards,   and   Criminal  Background  Investigations.
31    Notwithstanding any other provision of law, all amounts  paid
 
                            -2-                LRB9214151NTpk
 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.
 
                            -3-                LRB9214151NTpk
 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.   In  the
15    case  of  the  Summer  Bridges  program,  the  amount  of the
16    district's block grant shall be equal to 44% of the amount of
17    the current fiscal year appropriation made for that program.
18        (e)  The district is not required to file any application
19    or other claim in order to receive the block grants to  which
20    it  is  entitled  under  this  Section.    The State Board of
21    Education shall make payments to the district of amounts  due
22    under the district's block grants on a schedule determined by
23    the State Board of Education.
24        (f)  A  school  district  to  which  this Section applies
25    shall report to the State Board of Education on  its  use  of
26    the  block  grants in such form and detail as the State Board
27    of Education may specify.
28        (g)  This paragraph provides for the treatment  of  block
29    grants  under  Article  1C  for  purposes  of calculating the
30    amount of block grants for a  district  under  this  Section.
31    Those block grants under Article 1C IC are, for this purpose,
32    treated  as  included  in the amount of appropriation for the
33    various programs set  forth  in  paragraph  (b)  above.   The
34    appropriation  in  each  current  fiscal  year for each block
 
                            -4-                LRB9214151NTpk
 1    grant under Article 1C shall be treated for these purposes as
 2    appropriations for the individual program  included  in  that
 3    block grant.  The proportion of each block grant so allocated
 4    to  each  such program included in it shall be the proportion
 5    which  the  appropriation  for  that  program  was   of   all
 6    appropriations  for such purposes now in that block grant, in
 7    fiscal 1995.
 8    (Source: P.A. 90-566,  eff.  1-2-98;  90-653,  eff.  7-29-98;
 9    91-711, eff. 7-1-00; revised 12-04-01.)

10        (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
11        Sec. 14-7.02.  Children attending private schools, public
12    out-of-state schools, public school residential facilities or
13    private  special  education facilities.  The General Assembly
14    recognizes  that  non-public  schools  or  special  education
15    facilities provide an important service  in  the  educational
16    system in Illinois.
17        If because of his or her disability the special education
18    program  of a district is unable to meet the needs of a child
19    and  the  child  attends  a  non-public  school  or   special
20    education facility, a public out-of-state school or a special
21    education  facility owned and operated by a county government
22    unit that provides special educational services  required  by
23    the child and is in compliance with the appropriate rules and
24    regulations  of  the  State  Superintendent of Education, the
25    school district in which the child is a  resident  shall  pay
26    the  actual cost of tuition for special education and related
27    services provided during the regular school term  and  during
28    the  summer  school  term if the child's educational needs so
29    require,  excluding  room,  board  and  transportation  costs
30    charged the  child  by  that  non-public  school  or  special
31    education  facility,  public  out-of-state  school  or county
32    special education facility, or $4,500 per year, whichever  is
33    less,  and  shall  provide  him any necessary transportation.
 
                            -5-                LRB9214151NTpk
 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, on forms
32    prescribed by the State Superintendent  of  Education.   Data
33    used  as  a  basis  of  reimbursement claims shall be for the
34    preceding regular school term and summer school  term.   Each
 
                            -6-                LRB9214151NTpk
 1    school  district shall transmit its claims to the State Board
 2    of Education on or before August  15.   The  State  Board  of
 3    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    the State Board shall cause vouchers to be  prepared  showing
 7    the  amount due for payment of reimbursement claims to school
 8    districts, for transmittal to the State  Comptroller  on  the
 9    30th day of September, December, and March, respectively, and
10    the  final  voucher,  no  later  than  June  20. If the money
11    appropriated by the General Assembly for such purpose for any
12    year is insufficient, it shall be apportioned on the basis of
13    the claims approved.
14        No child shall be placed in a special  education  program
15    pursuant  to  this  Section  if  the tuition cost for special
16    education and related services increases more than 10 percent
17    over the tuition cost for the previous school year or exceeds
18    $4,500 per year unless such costs have been approved  by  the
19    Illinois   Purchased   Care    Review  Board.   The  Illinois
20    Purchased Care Review Board shall consist  of  the  following
21    persons,  or  their designees:  the Directors of Children and
22    Family Services, Public Health, Public Aid, and the Bureau of
23    the Budget;  the  Secretary  of  Human  Services;  the  State
24    Superintendent  of  Education;  and such other persons as the
25    Governor may  designate.  The Review  Board  shall  establish
26    rules  and  regulations  for  its  determination of allowable
27    costs and payments made by local school districts for special
28    education,  room  and  board,  and  other  related   services
29    provided   by   non-public   schools   or  special  education
30    facilities and shall establish uniform standards and criteria
31    which it shall follow.
32        The Review Board shall establish uniform definitions  and
33    criteria for accounting separately by special education, room
34    and  board and other related services costs.  The Board shall
 
                            -7-                LRB9214151NTpk
 1    also establish guidelines for the  coordination  of  services
 2    and  financial  assistance  provided by all State agencies to
 3    assure that no otherwise qualified disabled  child  receiving
 4    services   under   Article   14   shall   be   excluded  from
 5    participation in, be denied the benefits of or  be  subjected
 6    to  discrimination  under any program or activity provided by
 7    any State agency.
 8        The Review Board  shall  review  the  costs  for  special
 9    education and related services provided by non-public schools
10    or   special   education  facilities  and  shall  approve  or
11    disapprove such facilities in accordance with the  rules  and
12    regulations  established  by  it  with  respect  to allowable
13    costs.
14        The State Board of Education shall provide administrative
15    and staff support for the Review Board as  deemed  reasonable
16    by the State Superintendent of Education.  This support shall
17    not  include  travel  expenses  or other compensation for any
18    Review Board member other than the  State  Superintendent  of
19    Education.
20        The  Review  Board  shall seek the advice of the Advisory
21    Council on Education of Children  with  Disabilities  on  the
22    rules  and  regulations  to  be promulgated by it relative to
23    providing special education services.
24        If a child has been placed in  a  program  in  which  the
25    actual  per  pupil costs of tuition for special education and
26    related services based on program enrollment, excluding room,
27    board and transportation costs, exceed $4,500 and such  costs
28    have  been  approved  by the Review Board, the district shall
29    pay such total costs which exceed $4,500.  A district  making
30    such  tuition  payments  in excess of $4,500 pursuant to this
31    Section shall be responsible  for  an  amount  in  excess  of
32    $4,500  equal  to  the district per capita tuition charge and
33    shall be eligible for reimbursement from the  State  for  the
34    amount  of  such  payments  actually  made  in  excess of the
 
                            -8-                LRB9214151NTpk
 1    districts  per  capita  tuition  charge  for   students   not
 2    receiving special education services.
 3        If  a  child  has  been  placed in an approved individual
 4    program and the tuition costs including room and board  costs
 5    have  been  approved  by the Review Board, then such room and
 6    board costs shall be paid by  the  appropriate  State  agency
 7    subject  to  the  provisions  of Section 14-8.01 of this Act.
 8    Room and board costs not provided by  a  State  agency  other
 9    than  the  State  Board of Education shall be provided by the
10    State Board of Education on a current basis.   In  no  event,
11    however,  shall  the  State's  liability for funding of these
12    tuition costs begin until  after  the  legal  obligations  of
13    third  party payors have been subtracted from such costs.  If
14    the money appropriated  by  the  General  Assembly  for  such
15    purpose for any year is insufficient, it shall be apportioned
16    on  the  basis  of  the claims approved.  Each district shall
17    submit  estimated  claims  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
 
                            -9-                LRB9214151NTpk
 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. 91-764, eff. 6-9-00.)

32        (105 ILCS 5/14-7.02b new)
33        Sec.  14-7.02b.  Funding  for  children requiring special
 
                            -10-               LRB9214151NTpk
 1    education services. Payments to school  districts  and  joint
 2    agreements  for children requiring special education services
 3    documented  in   their   individualized   education   program
 4    regardless  of  the  program  from  which  these services are
 5    received, excluding children claimed under Section 14-7.03 of
 6    this Code, shall be made in  accordance  with  this  Section.
 7    Funds  received  under  this Section may be used only for the
 8    provision of special educational facilities and  services  as
 9    defined in Section 14-1.08 of this Code.
10        The  appropriation  for  fiscal  year 2003 and thereafter
11    shall be based upon the IDEA child count of all  students  in
12    the  State,  excluding students claimed under Section 14-7.03
13    of this Code, on December  1  of  the  fiscal  year  2  years
14    preceding,  multiplied  by  21%  of  the  general  State  aid
15    foundation  level of support established for that fiscal year
16    under Section 18-8.05 of this Code.
17        Beginning  with  fiscal   year   2003   and   thereafter,
18    individual   school  districts  shall  not  receive  payments
19    totaling less than they received under the funding authorized
20    under Sections 14-7.02  and  14-7.02a  of  this  Code  during
21    fiscal  year  2002,  pursuant  to  the  provisions  of  those
22    Sections  as they were in effect before the effective date of
23    this amendatory Act of the 92nd General Assembly.  This  base
24    level funding shall be computed first.
25        An  amount  equal  to  85%  of the funds remaining in the
26    appropriation after subtracting the base level funding  shall
27    be  allocated  to  school districts based upon the district's
28    average daily attendance reported  for  purposes  of  Section
29    18-8.05  of this Code for the preceding school year.  Fifteen
30    percent of the funds remaining  in  the  appropriation  after
31    subtracting  the  base  level  funding  shall be allocated to
32    school  districts  based  upon  the  district's  low   income
33    eligible pupil count used in the calculation of general State
34    aid  under  Section  18-8.05 of this Code for the same fiscal
 
                            -11-               LRB9214151NTpk
 1    year.  Eighty percent of the funds computed and allocated  to
 2    districts under this Section shall be distributed and paid to
 3    school   districts   who  are  members  of  recognized  joint
 4    agreements for special education. The remaining 20% shall  be
 5    paid  to  the  joint agreement for special education to which
 6    the district is a member. Districts that are not  members  of
 7    recognized  joint  agreements  for  special  education  shall
 8    receive  100%  of the funds computed and allocated under this
 9    Section.
10        The 20%  of  the  funds  paid  to  the  recognized  joint
11    agreements  for  special  education  and  20%  of  the  funds
12    received   by   districts  that  are  not  members  of  joint
13    agreements for special education must be set aside in a  High
14    Cost  Fund  for the payment of services, in whole or in part,
15    for individual students with disabilities whose program costs
16    exceed 3 times the district's  per  capita  tuition  rate  as
17    calculated   under   Section  10-20.12a  of  this  Code.  The
18    management and distribution of funds from the High Cost  Fund
19    shall  be  in  accordance with rules promulgated by the State
20    Board of Education.
21        The State Board of Education shall prepare vouchers equal
22    to one-fourth the amount allocated  to  districts  and  their
23    joint agreements, for transmittal to the State Comptroller on
24    the 30th day of September, December, and March, respectively,
25    and the final voucher, no later than June 20. The Comptroller
26    shall  make  payments  pursuant  to  this  Section  to school
27    districts and their joint  agreements  as  soon  as  possible
28    after receipt of vouchers. If the money appropriated from the
29    General   Assembly   for   such  purposes  for  any  year  is
30    insufficient, it shall be apportioned on  the  basis  of  the
31    payments due to school districts and their joint agreements.
32        Nothing in this Section shall be construed to decrease or
33    increase  the  percentage of all special education funds that
34    are allocated annually under Article 1D of this  Code  or  to
 
                            -12-               LRB9214151NTpk
 1    alter  the requirement that a school district provide special
 2    education services.
 3        Nothing in  this  amendatory  Act  of  the  92nd  General
 4    Assembly shall eliminate any reimbursement obligation owed as
 5    of  the  effective  date  of  this amendatory Act of the 92nd
 6    General Assembly to a  school  district  with  in  excess  of
 7    500,000 inhabitants.

 8        (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
 9        Sec.  14-8.01. Supervision of special education buildings
10    and facilities. All special educational facilities,  building
11    programs, housing, and all educational programs for the types
12    of  disabled  children  defined  in  Section 14-1.02 shall be
13    under the supervision of and subject to the approval  of  the
14    State Board of Education.
15        All  special education facilities, building programs, and
16    housing shall comply with the  building  code  authorized  by
17    Section 2-3.12.
18        All  educational  programs for children with disabilities
19    as defined in  Section  14-1.02  administered  by  any  State
20    agency  shall  be  under the general supervision of the State
21    Board of Education.  Such supervision  shall  be  limited  to
22    insuring   that  such  educational  programs  meet  standards
23    jointly developed and agreed to by both the  State  Board  of
24    Education and the operating State agency, including standards
25    for educational personnel.
26        Any  State  agency providing special educational programs
27    for children with disabilities as defined in Section  14-1.02
28    shall promulgate  rules and regulations, in consultation with
29    the  State  Board  of  Education and pursuant to the Illinois
30    Administrative Procedure Act as now or hereafter amended,  to
31    insure  that  all  such programs comply with this Section and
32    Section 14-8.02.
33        No otherwise qualified disabled child  receiving  special
 
                            -13-               LRB9214151NTpk
 1    education  and related services under Article 14 shall solely
 2    by reason of his or  her  disability  be  excluded  from  the
 3    participation in or be denied the benefits of or be subjected
 4    to discrimination under any program or activity provided by a
 5    State agency.
 6        State  agencies  providing  special education and related
 7    services,  including  room  and  board,  either  directly  or
 8    through grants or purchases of  services  shall  continue  to
 9    provide these services according to current law and practice.
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 to the extent of available funds.
13    An amount equal to one-half of the State  education  agency's
14    share  of  IDEA  PART B federal monies, or so much thereof as
15    may actually be needed, shall annually be appropriated to pay
16    for the additional costs of providing for room and board  for
17    those  children  placed  pursuant  to Section 14-7.02 of this
18    Code Act and, after all such room and board costs  are  paid,
19    for  similar  expenditures  for  children  served pursuant to
20    Section 14-7.02 or  14-7.02a  of  this  Code  Act,  based  in
21    community  based  programs  that  serve  as  alternatives  to
22    residential placements.
23        Beginning  with  Fiscal  Year 1997 and continuing through
24    Fiscal Year 2000, 100%  of  the  former  Chapter  I,  Section
25    89-313 federal funds shall be allocated by the State Board of
26    Education  in  the same manner as IDEA, PART B "flow through"
27    funding to local  school  districts,  joint  agreements,  and
28    special   education   cooperatives  for  the  maintenance  of
29    instructional and related support services to  students  with
30    disabilities.  However,  beginning with Fiscal Year 1998, the
31    total IDEA Part B discretionary funds available to the  State
32    Board  of  Education shall not exceed the maximum permissible
33    under federal law or 20% of the total federal funds available
34    to the State, whichever  is  less.   In  no  case  shall  the
 
                            -14-               LRB9214151NTpk
 1    aggregate  IDEA  Part  B  discretionary funds received by the
 2    State Board of Education exceed the amount  of  IDEA  Part  B
 3    discretionary funds available to the State Board of Education
 4    for  Fiscal  Year  1997,  excluding  any carryover funds from
 5    prior fiscal years, increased by 3% for Fiscal Year 1998  and
 6    increased   by   an   additional  3%  for  each  fiscal  year
 7    thereafter.  After all room and board  payments  and  similar
 8    expenditures  are  made  by  the  State Board of Education as
 9    required by this Section, the State Board  of  Education  may
10    use  the remaining funds for administration and for providing
11    discretionary  activities.   However,  the  State  Board   of
12    Education may use no more than 25% of its available IDEA Part
13    B discretionary funds for administrative services.
14        Special  education  and  related services included in the
15    child's individualized  educational  program  which  are  not
16    provided  by  another  State  agency shall be included in the
17    special education and related services provided by the  State
18    Board of Education and the local school district.
19        The  State  Board  of  Education  with  the advice of the
20    Advisory Council shall prescribe the standards and  make  the
21    necessary   rules   and  regulations  for  special  education
22    programs administered by local school boards,  including  but
23    not   limited   to   establishment   of   classes,   training
24    requirements  of  teachers  and other professional personnel,
25    eligibility and admission of pupils,  the  curriculum,  class
26    size  limitation, building programs, housing, transportation,
27    special  equipment  and  instructional  supplies,   and   the
28    applications for claims for reimbursement. The State Board of
29    Education  shall  promulgate rules and regulations for annual
30    evaluations of the effectiveness  of  all  special  education
31    programs  and  annual evaluation by the local school district
32    of the individualized educational program for each child  for
33    whom it provides special education services.
34        A  school  district  is  responsible for the provision of
 
                            -15-               LRB9214151NTpk
 1    educational services for all  school  age  children  residing
 2    within  its boundaries excluding any student placed under the
 3    provisions of Section 14-7.02 or any disabled  student  whose
 4    parent  or guardian lives outside of the State of Illinois as
 5    described in Section 14-1.11.
 6    (Source: P.A. 89-397,  eff.  8-20-95;  89-622,  eff.  8-9-96;
 7    90-547, eff. 12-1-97.)

 8        (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
 9        Sec.  18-4.3.   Summer  school  grants.   Grants shall be
10    determined for pupil attendance in summer  schools  conducted
11    under Sections 10-22.33A and 34-18 and approved under Section
12    2-3.25 in the following manner.
13        The  amount  of  grant  for each accredited summer school
14    attendance pupil shall be  obtained  by  dividing  the  total
15    amount  of apportionments determined under Section 18-8.05 by
16    the actual number of pupils in average daily attendance  used
17    for  such  apportionments.   The  number  of  credited summer
18    school attendance pupils shall be determined (a) by  counting
19    clock hours of class instruction by pupils enrolled in grades
20    1  through 12 in approved courses conducted at least 60 clock
21    hours in summer sessions; (b) by dividing such total of clock
22    hours of class instruction by 4 to produce days  of  credited
23    pupil attendance; (c) by dividing such days of credited pupil
24    attendance  by  the actual number of days in the regular term
25    as used  in  computation  in  the  general  apportionment  in
26    Section 18-8.05; and (d) by multiplying by 1.25.
27        The  amount  of  the  grant  for  a summer school program
28    approved  by  the  State  Superintendent  of  Education   for
29    children  with  disabilities,  as defined in Sections 14-1.02
30    through 14-1.07, shall be determined in the manner  contained
31    above  except that average daily membership shall be utilized
32    in lieu of average daily attendance.
33        In the case of an apportionment based  on  summer  school
 
                            -16-               LRB9214151NTpk
 1    attendance  or membership pupils, the claim therefor shall be
 2    presented as a separate claim for the particular school  year
 3    in   which  such  summer  school  session ends.  On or before
 4    November 1 of each year the superintendent of  each  eligible
 5    school  district shall certify to the State Superintendent of
 6    Education the claim of the district for  the  summer  session
 7    just  ended.   Failure  on the part of the school board to so
 8    certify shall constitute a forfeiture of its  right  to  such
 9    payment.     The  State  Superintendent  of  Education  shall
10    transmit to the Comptroller no later than  December  15th  of
11    each   year  vouchers  for  payment  of  amounts  due  school
12    districts for summer school.   The  State  Superintendent  of
13    Education  shall  direct the Comptroller to draw his warrants
14    for payments thereof by the 30th day of  December.    If  the
15    money  appropriated  by the General Assembly for such purpose
16    for any year is insufficient, it shall be apportioned on  the
17    basis of claims approved.
18        However,  notwithstanding  the  foregoing provisions, for
19    each fiscal  year  the  money  appropriated  by  the  General
20    Assembly  for the purposes of this Section shall only be used
21    for grants for approved  summer  school  programs  for  those
22    children   with   disabilities  served  pursuant  to  Section
23    Sections 14-7.02 and 14-7.02a of this the School Code.
24    (Source: P.A. 90-548, eff. 1-1-98; 91-764, eff. 6-9-00.)

25        (105 ILCS 5/14-7.02a rep.)
26        Section 10.  The School  Code  is  amended  by  repealing
27    Section 14-7.02a.

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.

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