State of Illinois
92nd General Assembly

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SB668 Enrolled                                 LRB9207375NTsb

 1        AN ACT relating to schools.

 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    Section 18-3 as follows:

 6        (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
 7        Sec. 18-3.   Tuition  of  children  from  orphanages  and
 8    children's homes.
 9        When  the  children from any home for orphans, dependent,
10    abandoned  or  maladjusted   children   maintained   by   any
11    organization  or  association admitting to such home children
12    from the State in general or  when  children  residing  in  a
13    school  district  wherein the State of Illinois maintains and
14    operates any welfare or penal institution on  property  owned
15    by  the  State  of  Illinois,  which contains houses, housing
16    units or housing accommodations  within  a  school  district,
17    attend  grades  kindergarten through 12 of the public schools
18    maintained by that school district, the State  Superintendent
19    of  Education  shall  direct  the  State Comptroller to pay a
20    specified amount sufficient to pay the annual tuition cost of
21    such children who attended such  public  schools  during  the
22    regular  school year ending on June 30 or the summer term for
23    that school year, and the Comptroller shall  pay  the  amount
24    after   receipt   of   a   voucher  submitted  by  the  State
25    Superintendent of Education.
26        The amount of the tuition for such children attending the
27    public schools of the district shall  be  determined  by  the
28    State  Superintendent  of Education by multiplying the number
29    of such children in average daily attendance in such  schools
30    by   1.2   times   the   total  annual  per  capita  cost  of
31    administering the schools of the district. Such total  annual
SB668 Enrolled              -2-                LRB9207375NTsb
 1    per  capita cost shall be determined by totaling all expenses
 2    of the school district in  the  educational,  operations  and
 3    maintenance,  bond  and  interest,  transportation,  Illinois
 4    municipal  retirement,  and  rent  funds  for the school year
 5    preceding the filing of such tuition claims less expenditures
 6    not applicable to the regular K-12 program,  less  offsetting
 7    revenues  from  State  sources  except  those from the common
 8    school fund, less offsetting revenues  from  federal  sources
 9    except  those  from  federal  impaction aid, less student and
10    community service revenues, plus  a  depreciation  allowance;
11    and  dividing  such total by the average daily attendance for
12    the year.
13        Annually on or before June 30 the superintendent  of  the
14    district  upon  forms prepared by the State Superintendent of
15    Education shall certify to the  regional  superintendent  the
16    following:
17        1.  The  name  of  the  home  and  of the organization or
18    association maintaining it; or the legal description  of  the
19    real  estate  upon which the house, housing units, or housing
20    accommodations are located  and  that  no  taxes  or  service
21    charges  or  other  payments  authorized by law to be made in
22    lieu of taxes were collected therefrom or on account  thereof
23    during  either  of  the calendar years included in the school
24    year for which claim is being made;
25        2.  The number of children from the  home  or  living  in
26    such  houses,  housing  units  or  housing accommodations and
27    attending the schools of the district;
28        3.  The total number of children attending the schools of
29    the district;
30        4.  The per capita tuition charge of the district; and
31        5.  The computed amount of the tuition payment claimed as
32    due.
33        Whenever the persons in charge of such home for  orphans,
34    dependent,  abandoned  or  maladjusted children have received
SB668 Enrolled              -3-                LRB9207375NTsb
 1    from the parent or guardian of any such child or by virtue of
 2    an order of court a specific  allowance  for  educating  such
 3    child,  such  persons  shall  pay  to the school board in the
 4    district where the child attends school such  amount  of  the
 5    allowance as is necessary to pay the tuition required by such
 6    district  for the education of the child. If the allowance is
 7    insufficient  to  pay  the  tuition   in   full   the   State
 8    Superintendent  of  Education shall direct the Comptroller to
 9    pay to the district the difference between the total  tuition
10    charged and the amount of the allowance.
11        Whenever  the  facilities  of  a school district in which
12    such house,  housing  units  or  housing  accommodations  are
13    located, are limited, pupils may be assigned by that district
14    to  the  schools of any adjacent district to the limit of the
15    facilities of the adjacent district to properly educate  such
16    pupils  as  shall  be  determined  by the school board of the
17    adjacent district, and the State Superintendent of  Education
18    shall  direct  the  Comptroller  to  pay  a  specified amount
19    sufficient to pay the  annual  tuition  of  the  children  so
20    assigned  to  and  attending  public  schools in the adjacent
21    districts and the Comptroller shall draw his warrant upon the
22    State Treasurer for  the  payment  of  such  amount  for  the
23    benefit  of  the adjacent school districts in the same manner
24    as for districts  in  which  the  houses,  housing  units  or
25    housing accommodations are located.
26        The   school   district   shall   certify  to  the  State
27    Superintendent of Education the report of claims due for such
28    tuition payments on or before July 31. Failure on the part of
29    the school board to  certify  its  claim  on  July  31  shall
30    constitute  a  forfeiture by the district of its right to the
31    payment of any such tuition claim for the  school  year  just
32    ended.   The  State  Superintendent of Education shall direct
33    the Comptroller to pay to the district, on or  before  August
34    15,  the  amount  due  the  district  for  the school year in
SB668 Enrolled              -4-                LRB9207375NTsb
 1    accordance with the calculation of the claim as set forth  in
 2    this Section.
 3        Claims for tuition for children from any home for orphans
 4    or  dependent,  abandoned,  or maladjusted children beginning
 5    with the 1993-1994 school year shall be  paid  on  a  current
 6    year  basis.  On September 30, December 31, and March 31, the
 7    State Board of Education shall voucher payments for districts
 8    with those students based on  an  estimated  cost  calculated
 9    from the prior year's claim.  Final claims for those students
10    for  the regular school term and summer term must be received
11    at the State Board of Education by July 31 following the  end
12    of  the regular school year.  Final claims for those students
13    shall be vouchered by August 15.   During  fiscal  year  1994
14    both  the 1992-1993 school year and the 1993-1994 school year
15    shall be paid in order to change the cycle of payment from  a
16    reimbursement  basis  to  a  current  year  funding  basis of
17    payment. However, notwithstanding  any  other  provisions  of
18    this  Section  or the School Code, beginning with fiscal year
19    1994  and  each  fiscal  year  thereafter,  if   the   amount
20    appropriated  for  any  fiscal  year  is less than the amount
21    required for purposes of this Section, the amount required to
22    eliminate any insufficient reimbursement  for  each  district
23    claim  under this Section shall be reimbursed on August 30 of
24    the next fiscal year.  Payments  required  to  eliminate  any
25    insufficiency  for  prior  fiscal  year  claims shall be made
26    before any claims are paid for the current fiscal year.
27        If a school district  makes  a  claim  for  reimbursement
28    under  Section  18-4  or  14-7.03 it shall not include in any
29    claim filed under  this  Section  children  residing  on  the
30    property  of  State  institutions included in its claim under
31    Section 18-4 or 14-7.03.
32        Any child who is not a resident of Illinois who is placed
33    in a  child  welfare  institution,  private  facility,  State
34    operated program, orphanage or children's home shall have the
SB668 Enrolled              -5-                LRB9207375NTsb
 1    payment  for his educational tuition and any related services
 2    assured by the placing agent.
 3        In order to  provide  services  appropriate  to  allow  a
 4    student  under the legal guardianship or custodianship of the
 5    State to participate in  local  school  district  educational
 6    programs,  costs  may be incurred in appropriate cases by the
 7    district that are in excess of 1.2  times  the  district  per
 8    capita  tuition  charge  allowed under the provisions of this
 9    Section.  In the event such excess costs are  incurred,  they
10    must  be documented in accordance with cost rules established
11    under the authority of this Section and may then  be  claimed
12    for reimbursement under this Section.
13        Planned  services  for students eligible for this funding
14    must be a collaborative effort between the appropriate  State
15    agency  or  the  student's  group home or institution and the
16    local school district.
17    (Source: P.A. 90-463, eff.  8-17-97;  90-644,  eff.  7-24-98;
18    91-764, eff. 6-9-00.)

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