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Public Act 102-0254


 

Public Act 0254 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0254
 
HB0041 EnrolledLRB102 03862 CMG 13876 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 Sections
14-7.02 and 14-7.05 as follows:
 
    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
    Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or
private special education facilities. The General Assembly
recognizes that non-public schools or special education
facilities provide an important service in the educational
system in Illinois.
    If because of his or her disability the special education
program of a district is unable to meet the needs of a child
and the child attends a non-public school or special education
facility, a public out-of-state school or a special education
facility owned and operated by a county government unit that
provides special educational services required by the child
and is in compliance with the appropriate rules and
regulations of the State Superintendent of Education, the
school district in which the child is a resident shall pay the
actual cost of tuition for special education and related
services provided during the regular school term and during
the summer school term if the child's educational needs so
require, excluding room, board and transportation costs
charged the child by that non-public school or special
education facility, public out-of-state school or county
special education facility, or $4,500 per year, whichever is
less, and shall provide him any necessary transportation.
"Nonpublic special education facility" shall include a
residential facility, within or without the State of Illinois,
which provides special education and related services to meet
the needs of the child by utilizing private schools or public
schools, whether located on the site or off the site of the
residential facility.
    Prior to the placement of a child in an out-of-state
special education residential facility, the school district
must refer to the child or the child's parent or guardian the
option to place the child in a special education residential
facility located within this State, if any, that provides
treatment and services comparable to those provided by the
out-of-state special education residential facility. The
school district must review annually the placement of a child
in an out-of-state special education residential facility. As
a part of the review, the school district must refer to the
child or the child's parent or guardian the option to place the
child in a comparable special education residential facility
located within this State, if any.
    The State Board of Education shall promulgate rules and
regulations for determining when placement in a private
special education facility is appropriate. Such rules and
regulations shall take into account the various types of
services needed by a child and the availability of such
services to the particular child in the public school. In
developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on Education
of Children with Disabilities and hold public hearings to
secure recommendations from parents, school personnel, and
others concerned about this matter.
    The State Board of Education shall also promulgate rules
and regulations for transportation to and from a residential
school. Transportation to and from home to a residential
school more than once each school term shall be subject to
prior approval by the State Superintendent in accordance with
the rules and regulations of the State Board.
    A school district making tuition payments pursuant to this
Section is eligible for reimbursement from the State for the
amount of such payments actually made in excess of the
district per capita tuition charge for students not receiving
special education services. Such reimbursement shall be
approved in accordance with Section 14-12.01 and each district
shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms
prescribed by the State Superintendent of Education. Data used
as a basis of reimbursement claims shall be for the preceding
regular school term and summer school term. Each school
district shall transmit its claims to the State Board of
Education on or before August 15. The State Board of
Education, before approving any such claims, shall determine
their accuracy and whether they are based upon services and
facilities provided under approved programs. Upon approval the
State Board shall cause vouchers to be prepared showing the
amount due for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on the
30th day of September, December, and March, respectively, and
the final voucher, no later than June 20. If the money
appropriated by the General Assembly for such purpose for any
year is insufficient, it shall be apportioned on the basis of
the claims approved.
    No child shall be placed in a special education program
pursuant to this Section if the tuition cost for special
education and related services increases more than 10 percent
over the tuition cost for the previous school year or exceeds
$4,500 per year unless such costs have been approved by the
Illinois Purchased Care Review Board. The Illinois Purchased
Care Review Board shall consist of the following persons, or
their designees: the Directors of Children and Family
Services, Public Health, Public Aid, and the Governor's Office
of Management and Budget; the Secretary of Human Services; the
State Superintendent of Education; and such other persons as
the Governor may designate. The Review Board shall also
consist of one non-voting member who is an administrator of a
private, nonpublic, special education school. The Review Board
shall establish rules and regulations for its determination of
allowable costs and payments made by local school districts
for special education, room and board, and other related
services provided by non-public schools or special education
facilities and shall establish uniform standards and criteria
which it shall follow. The Review Board shall approve the
usual and customary rate or rates of a special education
program that (i) is offered by an out-of-state, non-public
provider of integrated autism specific educational and autism
specific residential services, (ii) offers 2 or more levels of
residential care, including at least one locked facility, and
(iii) serves 12 or fewer Illinois students.
    In determining rates based on allowable costs, the Review
Board shall consider any wage increases awarded by the General
Assembly to front line personnel defined as direct support
persons, aides, front-line supervisors, qualified intellectual
disabilities professionals, nurses, and non-administrative
support staff working in service settings in community-based
settings within the State and adjust customary rates or rates
of a special education program to be equitable to the wage
increase awarded to similar staff positions in a community
residential setting. Any wage increase awarded by the General
Assembly to front line personnel defined as direct support
persons, aides, front-line supervisors, qualified intellectual
disabilities professionals, nurses, and non-administrative
support staff working in community-based settings within the
State, including the $0.75 per hour increase contained in
Public Act 100-23 and the $0.50 per hour increase included in
Public Act 100-23, shall also be a basis for any facility
covered by this Section to appeal its rate before the Review
Board under the process defined in Title 89, Part 900, Section
340 of the Illinois Administrative Code. Illinois
Administrative Code Title 89, Part 900, Section 342 shall be
updated to recognize wage increases awarded to community-based
settings to be a basis for appeal. However, any wage increase
that is captured upon appeal from a previous year shall not be
counted by the Review Board as revenue for the purpose of
calculating a facility's future rate.
    Any definition used by the Review Board in administrative
rule or policy to define "related organizations" shall include
any and all exceptions contained in federal law or regulation
as it pertains to the federal definition of "related
organizations".
    The Review Board shall establish uniform definitions and
criteria for accounting separately by special education, room
and board and other related services costs. The Board shall
also establish guidelines for the coordination of services and
financial assistance provided by all State agencies to assure
that no otherwise qualified child with a disability receiving
services under Article 14 shall be excluded from participation
in, be denied the benefits of or be subjected to
discrimination under any program or activity provided by any
State agency.
    The Review Board shall review the costs for special
education and related services provided by non-public schools
or special education facilities and shall approve or
disapprove such facilities in accordance with the rules and
regulations established by it with respect to allowable costs.
    The State Board of Education shall provide administrative
and staff support for the Review Board as deemed reasonable by
the State Superintendent of Education. This support shall not
include travel expenses or other compensation for any Review
Board member other than the State Superintendent of Education.
    The Review Board shall seek the advice of the Advisory
Council on Education of Children with Disabilities on the
rules and regulations to be promulgated by it relative to
providing special education services.
    If a child has been placed in a program in which the actual
per pupil costs of tuition for special education and related
services based on program enrollment, excluding room, board
and transportation costs, exceed $4,500 and such costs have
been approved by the Review Board, the district shall pay such
total costs which exceed $4,500. A district making such
tuition payments in excess of $4,500 pursuant to this Section
shall be responsible for an amount in excess of $4,500 equal to
the district per capita tuition charge and shall be eligible
for reimbursement from the State for the amount of such
payments actually made in excess of the districts per capita
tuition charge for students not receiving special education
services.
    If a child has been placed in an approved individual
program and the tuition costs including room and board costs
have been approved by the Review Board, then such room and
board costs shall be paid by the appropriate State agency
subject to the provisions of Section 14-8.01 of this Act. Room
and board costs not provided by a State agency other than the
State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall
the State's liability for funding of these tuition costs begin
until after the legal obligations of third party payors have
been subtracted from such costs. If the money appropriated by
the General Assembly for such purpose for any year is
insufficient, it shall be apportioned on the basis of the
claims approved. Each district shall submit estimated claims
to the State Superintendent of Education. Upon approval of
such claims, the State Superintendent of Education shall
direct the State Comptroller to make payments on a monthly
basis. The frequency for submitting estimated claims and the
method of determining payment shall be prescribed in rules and
regulations adopted by the State Board of Education. Such
current state reimbursement shall be reduced by an amount
equal to the proceeds which the child or child's parents are
eligible to receive under any public or private insurance or
assistance program. Nothing in this Section shall be construed
as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services
provided to a child with a disability.
    If it otherwise qualifies, a school district is eligible
for the transportation reimbursement under Section 14-13.01
and for the reimbursement of tuition payments under this
Section whether the non-public school or special education
facility, public out-of-state school or county special
education facility, attended by a child who resides in that
district and requires special educational services, is within
or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this
Section unless the district certifies to the State
Superintendent of Education that the district is unable to
provide special educational services required by the child for
the current school year.
    Nothing in this Section authorizes the reimbursement of a
school district for the amount paid for tuition of a child
attending a non-public school or special education facility,
public out-of-state school or county special education
facility unless the school district certifies to the State
Superintendent of Education that the special education program
of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of
Education finds that the school district is in substantial
compliance with Section 14-4.01. However, if a child is
unilaterally placed by a State agency or any court in a
non-public school or special education facility, public
out-of-state school, or county special education facility, a
school district shall not be required to certify to the State
Superintendent of Education, for the purpose of tuition
reimbursement, that the special education program of that
district is unable to meet the needs of a child because of his
or her disability.
    Any educational or related services provided, pursuant to
this Section in a non-public school or special education
facility or a special education facility owned and operated by
a county government unit shall be at no cost to the parent or
guardian of the child. However, current law and practices
relative to contributions by parents or guardians for costs
other than educational or related services are not affected by
this amendatory Act of 1978.
    Reimbursement for children attending public school
residential facilities shall be made in accordance with the
provisions of this Section.
    Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02b, 14-13.01, 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. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)
 
    (105 ILCS 5/14-7.05)
    Sec. 14-7.05. Placement in residential facility; payment
of educational costs. For any student with a disability in a
residential facility placement made or paid for by an Illinois
public State agency or made by any court in this State, the
school district of residence as determined pursuant to this
Article is responsible for the costs of educating the child
and shall be reimbursed for those costs in accordance with
this Code. Subject to this Section and relevant State
appropriation, the resident district's financial
responsibility and reimbursement must be calculated in
accordance with the provisions of Section 14-7.02 of this
Code. In those instances in which a district receives a block
grant pursuant to Article 1D of this Code, the district's
financial responsibility is limited to the actual educational
costs of the placement, which must be paid by the district from
its block grant appropriation. Resident district financial
responsibility and reimbursement applies for both residential
facilities that are approved by the State Board of Education
and non-approved facilities, subject to the requirements of
this Section. The Illinois placing agency or court remains
responsible for funding the residential portion of the
placement and for notifying the resident district prior to the
placement, except in emergency situations. The residential
facility in which the student is placed shall notify the
resident district of the student's enrollment as soon as
practicable after the placement. Failure of the placing agency
or court to notify the resident district prior to the
placement does not absolve the resident district of financial
responsibility for the educational costs of the placement;
however, the resident district shall not become financially
responsible unless and until it receives written notice of the
placement by either the placing agency, court, or residential
facility. The placing agency or parent shall request an
individualized education program (IEP) meeting from the
resident district if the placement would entail additional
educational services beyond the student's current IEP. The
district of residence shall retain control of the IEP process,
and any changes to the IEP must be done in compliance with the
federal Individuals with Disabilities Education Act.
    Prior to the placement of a child in an out-of-state
special education residential facility, the placing agency or
court must refer to the child or the child's parent or guardian
the option to place the child in a special education
residential facility located within this State, if any, that
provides treatment and services comparable to those provided
by the out-of-state special education residential facility.
The placing agency or court must review annually the placement
of a child in an out-of-state special education residential
facility. As a part of the review, the placing agency or court
must refer to the child or the child's parent or guardian the
option to place the child in a comparable special education
residential facility located within this State, if any.
    Payments shall be made by the resident district to the
entity providing the educational services, whether the entity
is the residential facility or the school district wherein the
facility is located, no less than once per quarter unless
otherwise agreed to in writing by the parties.
    A residential facility providing educational services
within the facility, but not approved by the State Board of
Education, is required to demonstrate proof to the State Board
of (i) appropriate certification of teachers for the student
population, (ii) age-appropriate curriculum, (iii) enrollment
and attendance data, and (iv) the ability to implement the
child's IEP. A school district is under no obligation to pay
such a residential facility unless and until such proof is
provided to the State Board's satisfaction.
    When a dispute arises over the determination of the
district of residence under this Section, any person or
entity, including without limitation a school district or
residential facility, may make a written request for a
residency decision to the State Superintendent of Education,
who, upon review of materials submitted and any other items of
information he or she may request for submission, shall issue
his or her decision in writing. The decision of the State
Superintendent of Education is final.
(Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/6/2021