Illinois General Assembly - Full Text of Public Act 097-0123
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Public Act 097-0123





Public Act 097-0123
HB1706 EnrolledLRB097 07931 NHT 48048 b

    AN ACT concerning education.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The School Code is amended by changing Section
14-13.01 as follows:
    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
    Sec. 14-13.01. Reimbursement payable by State; amounts for
personnel and transportation.
    (a) For staff working on behalf of children who have not
been identified as eligible for special education and for
eligible children with physical disabilities, including all
eligible children whose placement has been determined under
Section 14-8.02 in hospital or home instruction, 1/2 of the
teacher's salary but not more than $1,000 annually per child or
$9,000 per teacher, whichever is less. A child qualifies for
home or hospital instruction if it is anticipated that, due to
a medical condition, the child will To qualify for home or
hospital instruction, a child must, due to a medical condition,
be unable to attend school, and instead must be instructed at
home or in the hospital, for a period of 2 or more consecutive
weeks or on an ongoing intermittent basis. For purposes of this
Section, "ongoing intermittent basis" means that the child's
medical condition is of such a nature or severity that it is
anticipated that the child will be absent from school due to
the medical condition for periods of at least 2 days at a time
multiple times during the school year totaling at least 10 days
or more of absences. There shall be no requirement that a child
be absent from school a minimum number of days before the child
qualifies for home or hospital instruction. In order to
establish eligibility for home or hospital services, a
student's parent or guardian must submit to the child's school
district of residence a written statement from a physician
licensed to practice medicine in all of its branches stating
the existence of such medical condition, the impact on the
child's ability to participate in education, and the
anticipated duration or nature of the child's absence from
school. Home or hospital instruction may commence upon receipt
of a written physician's statement in accordance with this
Section, but instruction shall commence not later than 5 school
days after the school district receives the physician's
statement. Special education and related services required by
the child's IEP or services and accommodations required by the
child's federal Section 504 plan must be implemented as part of
the child's home or hospital instruction, unless the IEP team
or federal Section 504 plan team determines that modifications
are necessary during the home or hospital instruction due to
the child's condition. Eligible children to be included in any
reimbursement under this paragraph must regularly receive a
minimum of one hour of instruction each school day, or in lieu
thereof of a minimum of 5 hours of instruction in each school
week in order to qualify for full reimbursement under this
Section. If the attending physician for such a child has
certified that the child should not receive as many as 5 hours
of instruction in a school week, however, reimbursement under
this paragraph on account of that child shall be computed
proportionate to the actual hours of instruction per week for
that child divided by 5. The State Board of Education shall
establish rules governing the required qualifications of staff
providing home or hospital instruction.
    (b) For children described in Section 14-1.02, 80% of the
cost of transportation approved as a related service in the
Individualized Education Program for each student in order to
take advantage of special educational facilities.
Transportation costs shall be determined in the same fashion as
provided in Section 29-5. For purposes of this subsection (b),
the dates for processing claims specified in Section 29-5 shall
    (c) For each qualified worker, the annual sum of $9,000.
    (d) For one full time qualified director of the special
education program of each school district which maintains a
fully approved program of special education the annual sum of
$9,000. Districts participating in a joint agreement special
education program shall not receive such reimbursement if
reimbursement is made for a director of the joint agreement
    (e) (Blank).
    (f) (Blank).
    (g) For readers, working with blind or partially seeing
children 1/2 of their salary but not more than $400 annually
per child. Readers may be employed to assist such children and
shall not be required to be certified but prior to employment
shall meet standards set up by the State Board of Education.
    (h) For non-certified employees, as defined by rules
promulgated by the State Board of Education, who deliver
services to students with IEPs, 1/2 of the salary paid or
$3,500 per employee, whichever is less.
    The State Board of Education shall set standards and
prescribe rules for determining the allocation of
reimbursement under this section on less than a full time basis
and for less than a school year.
    When any school district eligible for reimbursement under
this Section operates a school or program approved by the State
Superintendent of Education for a number of days in excess of
the adopted school calendar but not to exceed 235 school days,
such reimbursement shall be increased by 1/180 of the amount or
rate paid hereunder for each day such school is operated in
excess of 180 days per calendar year.
    Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
all or a portion of the funds that it receives in a particular
fiscal year or from general State aid pursuant to Section
18-8.05 of this Code as funds received in connection with any
funding program for which it is entitled to receive funds from
the State in that fiscal year (including, without limitation,
any funding program referenced in this Section), regardless of
the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the
funding program than the district is entitled to receive in
that fiscal year for that program. Any classification by a
district must be made by a resolution of its board of
education. The resolution must identify the amount of any
payments or general State aid to be classified under this
paragraph and must specify the funding program to which the
funds are to be treated as received in connection therewith.
This resolution is controlling as to the classification of
funds referenced therein. A certified copy of the resolution
must be sent to the State Superintendent of Education. The
resolution shall still take effect even though a copy of the
resolution has not been sent to the State Superintendent of
Education in a timely manner. No classification under this
paragraph by a district shall affect the total amount or timing
of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall in
any way relieve the district from or affect any requirements
that otherwise would apply with respect to that funding
program, including any accounting of funds by source, reporting
expenditures by original source and purpose, reporting
requirements, or requirements of providing services.
(Source: P.A. 95-415, eff. 8-24-07; 95-707, eff. 1-11-08;
96-257, eff. 8-11-09.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/14/2011