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92_SB0280
LRB9207558NTsb
1 AN ACT relating to education.
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
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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. 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
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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.)
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.
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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
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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
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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
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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
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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
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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 2002 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 35% 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 2002 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 2001, 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
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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 at a level of not less than the following for all payments
33 due under this Section: 55% for fiscal year 2002, 70% for
34 fiscal year 2003, 85% for fiscal year 2004, and 100% for
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1 fiscal year 2005 and thereafter.
2 Nothing in this Section shall be construed to decrease or
3 increase the percentage of all special education funds that
4 are allocated annually under Article 1D of this Code or to
5 alter the requirement that a school district provide special
6 education services.
7 Nothing in this amendatory Act of the 92nd General
8 Assembly shall eliminate any reimbursement obligation owed as
9 of the effective date of this amendatory Act of the 92nd
10 General Assembly to a school district with in excess of
11 500,000 inhabitants.
12 (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
13 Sec. 14-8.01. Supervision of special education buildings
14 and facilities. All special educational facilities, building
15 programs, housing, and all educational programs for the types
16 of disabled children defined in Section 14-1.02 shall be
17 under the supervision of and subject to the approval of the
18 State Board of Education.
19 All special education facilities, building programs, and
20 housing shall comply with the building code authorized by
21 Section 2-3.12.
22 All educational programs for children with disabilities
23 as defined in Section 14-1.02 administered by any State
24 agency shall be under the general supervision of the State
25 Board of Education. Such supervision shall be limited to
26 insuring that such educational programs meet standards
27 jointly developed and agreed to by both the State Board of
28 Education and the operating State agency, including standards
29 for educational personnel.
30 Any State agency providing special educational programs
31 for children with disabilities as defined in Section 14-1.02
32 shall promulgate rules and regulations, in consultation with
33 the State Board of Education and pursuant to the Illinois
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1 Administrative Procedure Act as now or hereafter amended, to
2 insure that all such programs comply with this Section and
3 Section 14-8.02.
4 No otherwise qualified disabled child receiving special
5 education and related services under Article 14 shall solely
6 by reason of his or her disability be excluded from the
7 participation in or be denied the benefits of or be subjected
8 to discrimination under any program or activity provided by a
9 State agency.
10 State agencies providing special education and related
11 services, including room and board, either directly or
12 through grants or purchases of services shall continue to
13 provide these services according to current law and practice.
14 Room and board costs not provided by a State agency other
15 than the State Board of Education shall be provided by the
16 State Board of Education to the extent of available funds.
17 An amount equal to one-half of the State education agency's
18 share of IDEA PART B federal monies, or so much thereof as
19 may actually be needed, shall annually be appropriated to pay
20 for the additional costs of providing for room and board for
21 those children placed pursuant to Section 14-7.02 of this Act
22 and, after all such room and board costs are paid, for
23 similar expenditures for children served pursuant to Section
24 14-7.02 or 14-7.02a of this Act, based in community based
25 programs that serve as alternatives to residential
26 placements.
27 Beginning with Fiscal Year 1997 and continuing through
28 Fiscal Year 2000, 100% of the former Chapter I, Section
29 89-313 federal funds shall be allocated by the State Board of
30 Education in the same manner as IDEA, PART B "flow through"
31 funding to local school districts, joint agreements, and
32 special education cooperatives for the maintenance of
33 instructional and related support services to students with
34 disabilities. However, beginning with Fiscal Year 1998, the
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1 total IDEA Part B discretionary funds available to the State
2 Board of Education shall not exceed the maximum permissible
3 under federal law or 20% of the total federal funds available
4 to the State, whichever is less. In no case shall the
5 aggregate IDEA Part B discretionary funds received by the
6 State Board of Education exceed the amount of IDEA Part B
7 discretionary funds available to the State Board of Education
8 for Fiscal Year 1997, excluding any carryover funds from
9 prior fiscal years, increased by 3% for Fiscal Year 1998 and
10 increased by an additional 3% for each fiscal year
11 thereafter. After all room and board payments and similar
12 expenditures are made by the State Board of Education as
13 required by this Section, the State Board of Education may
14 use the remaining funds for administration and for providing
15 discretionary activities. However, the State Board of
16 Education may use no more than 25% of its available IDEA Part
17 B discretionary funds for administrative services.
18 Special education and related services included in the
19 child's individualized educational program which are not
20 provided by another State agency shall be included in the
21 special education and related services provided by the State
22 Board of Education and the local school district.
23 The State Board of Education with the advice of the
24 Advisory Council shall prescribe the standards and make the
25 necessary rules and regulations for special education
26 programs administered by local school boards, including but
27 not limited to establishment of classes, training
28 requirements of teachers and other professional personnel,
29 eligibility and admission of pupils, the curriculum, class
30 size limitation, building programs, housing, transportation,
31 special equipment and instructional supplies, and the
32 applications for claims for reimbursement. The State Board of
33 Education shall promulgate rules and regulations for annual
34 evaluations of the effectiveness of all special education
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1 programs and annual evaluation by the local school district
2 of the individualized educational program for each child for
3 whom it provides special education services.
4 A school district is responsible for the provision of
5 educational services for all school age children residing
6 within its boundaries excluding any student placed under the
7 provisions of Section 14-7.02 or any disabled student whose
8 parent or guardian lives outside of the State of Illinois as
9 described in Section 14-1.11.
10 (Source: P.A. 89-397, eff. 8-20-95; 89-622, eff. 8-9-96;
11 90-547, eff. 12-1-97.)
12 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
13 Sec. 18-4.3. Summer school grants. Grants shall be
14 determined for pupil attendance in summer schools conducted
15 under Sections 10-22.33A and 34-18 and approved under Section
16 2-3.25 in the following manner.
17 The amount of grant for each accredited summer school
18 attendance pupil shall be obtained by dividing the total
19 amount of apportionments determined under Section 18-8.05 by
20 the actual number of pupils in average daily attendance used
21 for such apportionments. The number of credited summer
22 school attendance pupils shall be determined (a) by counting
23 clock hours of class instruction by pupils enrolled in grades
24 1 through 12 in approved courses conducted at least 60 clock
25 hours in summer sessions; (b) by dividing such total of clock
26 hours of class instruction by 4 to produce days of credited
27 pupil attendance; (c) by dividing such days of credited pupil
28 attendance by the actual number of days in the regular term
29 as used in computation in the general apportionment in
30 Section 18-8.05; and (d) by multiplying by 1.25.
31 The amount of the grant for a summer school program
32 approved by the State Superintendent of Education for
33 children with disabilities, as defined in Sections 14-1.02
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1 through 14-1.07, shall be determined in the manner contained
2 above except that average daily membership shall be utilized
3 in lieu of average daily attendance.
4 In the case of an apportionment based on summer school
5 attendance or membership pupils, the claim therefor shall be
6 presented as a separate claim for the particular school year
7 in which such summer school session ends. On or before
8 November 1 of each year the superintendent of each eligible
9 school district shall certify to the State Superintendent of
10 Education the claim of the district for the summer session
11 just ended. Failure on the part of the school board to so
12 certify shall constitute a forfeiture of its right to such
13 payment. The State Superintendent of Education shall
14 transmit to the Comptroller no later than December 15th of
15 each year vouchers for payment of amounts due school
16 districts for summer school. The State Superintendent of
17 Education shall direct the Comptroller to draw his warrants
18 for payments thereof by the 30th day of December. If the
19 money appropriated by the General Assembly for such purpose
20 for any year is insufficient, it shall be apportioned on the
21 basis of claims approved.
22 However, notwithstanding the foregoing provisions, for
23 each fiscal year the money appropriated by the General
24 Assembly for the purposes of this Section shall only be used
25 for grants for approved summer school programs for those
26 children with disabilities served pursuant to Section
27 Sections 14-7.02 and 14-7.02a of the School Code.
28 (Source: P.A. 90-548, eff. 1-1-98; 91-764, eff. 6-9-00.)
29 (105 ILCS 5/14-7.02a rep.)
30 Section 10. The School Code is amended by repealing
31 Section 14-7.02a.
32 Section 99. Effective date. This Act takes effect upon
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1 becoming law.