TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER l: NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS
PART 405 PAYMENTS TO CERTAIN FACILITIES UNDER SECTION 14-7.05 OF THE SCHOOL CODE
SECTION 405.30 PROCEDURAL REQUIREMENTS


 

Section 405.30  Procedural Requirements

 

a)         In addition to providing notice to the district of residence as required by Section 14-7.05 of the School Code, and no later than 15 days after a provider is notified of the placement of an affected student and wishes to receive payment from the student's district of residence for the cost of educating that student, the provider shall furnish to the State Superintendent of Education, using a method and format specified by the State Superintendent, as much of the following information as may be available to the provider:

 

1)         the affected student's full name and date of birth;

 

2)         contact information for the student's parent or guardian;

 

3)         the placing authority;

 

4)         the effective date of the placement and the date on which educational services began or will begin, as applicable;

 

5)         the ending date of the placement, if any has been established;

 

6)         the unique identifying number assigned to the student by the Student Information System (see 23 Ill. Adm. Code 1.75);

 

7)         the student's district of residence; and

 

8)         the provider's calendar for the educational program for the school year in which the placement occurs.

 

b)         No later than 15 days after an affected student's placement into an educational program, the provider shall submit the documentation and information required under Section 405.40 of this Part to the State Superintendent of Education, using a method and format specified by the State Superintendent.  However, when an affected student's placement occurs during the month of June, the provider will only be able to preserve the right to payment by the district of residence by submitting the required documentation and information quickly enough to leave time for the district to make payment out of funds available for the fiscal year ending June 30.

 

c)         The State Superintendent or designee shall review the materials submitted pursuant to subsection (b) of this Section and, within ten business days, notify the provider either:

 

1)         that satisfactory proof has been furnished as required by Section 14-7.05 of the School Code; or

 

2)         that the materials submitted do not constitute satisfactory proof in one or more specified respects and the nature of the deficiency.

 

d)         A provider receiving notice of insufficient proof may submit additional documentation related to the identified areas of deficiency, provided that additional submissions received after June 30 following the end of the school year in which the placement occurred shall not be considered and a student's district of residence shall not be obligated to pay the costs of educating the student for that school year.

 

e)         The State Superintendent shall provide copies of all notifications to providers under this Section to the districts of residence of the affected students.  A school district is under no obligation to pay the residential facility until the district receives notification from the State Superintendent that satisfactory proof has been provided (Section 14-7.05 of the School Code).  When this is the case, the district's responsibility for payment begins with the date on which the district received notice from either the provider or the placing agent regarding the student's placement.

 

f)         The decision of the State Superintendent as to the obligation of a school district to make payments pursuant to this Part shall be final, subject to the provisions of the Administrative Review Law [735 ILCS 5/Art. III].

 

g)         Nothing in this Part shall be construed as alleviating the responsibility of any student's district of residence for the development of that student's IEP in accordance with the requirements of 23 Ill. Adm. Code 226.220 and 226.230, or as conferring responsibility for the IEP on any other entity.