100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3171

 

Introduced 2/15/2018, by Sen. Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-7.03  from Ch. 122, par. 14-7.03

    Amends the School Code. Makes a technical change in a Section concerning special education classes for children from orphanages, foster family homes, children's homes, or State housing units.


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A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
514-7.03 as follows:
 
6    (105 ILCS 5/14-7.03)  (from Ch. 122, par. 14-7.03)
7    Sec. 14-7.03. Special Education Classes for Children from
8Orphanages, Foster Family Homes, Children's Homes, or in State
9Housing Units. If a school district maintains special education
10classes on the the site of orphanages and children's homes, or
11if children from the orphanages, children's homes, foster
12family homes, other State agencies, or State residential units
13for children attend classes for children with disabilities in
14which the school district is a participating member of a joint
15agreement, or if the children from the orphanages, children's
16homes, foster family homes, other State agencies, or State
17residential units attend classes for the children with
18disabilities maintained by the school district, then
19reimbursement shall be paid to eligible districts in accordance
20with the provisions of this Section by the Comptroller as
21directed by the State Superintendent of Education.
22    The amount of tuition for such children shall be determined
23by the actual cost of maintaining such classes, using the per

 

 

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1capita cost formula set forth in Section 14-7.01, such program
2and cost to be pre-approved by the State Superintendent of
3Education.
4    If a school district makes a claim for reimbursement under
5Section 18-3 or 18-4 of this Act it shall not include in any
6claim filed under this Section a claim for such children.
7Payments authorized by law, including State or federal grants
8for education of children included in this Section, shall be
9deducted in determining the tuition amount.
10    Nothing in this Act shall be construed so as to prohibit
11reimbursement for the tuition of children placed in for profit
12facilities. Private facilities shall provide adequate space at
13the facility for special education classes provided by a school
14district or joint agreement for children with disabilities who
15are residents of the facility at no cost to the school district
16or joint agreement upon request of the school district or joint
17agreement. If such a private facility provides space at no cost
18to the district or joint agreement for special education
19classes provided to children with disabilities who are
20residents of the facility, the district or joint agreement
21shall not include any costs for the use of those facilities in
22its claim for reimbursement.
23    Reimbursement for tuition may include the cost of providing
24summer school programs for children with severe and profound
25disabilities served under this Section. Claims for that
26reimbursement shall be filed by November 1 and shall be paid on

 

 

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1or before December 15 from appropriations made for the purposes
2of this Section.
3    The State Board of Education shall establish such rules and
4regulations as may be necessary to implement the provisions of
5this Section.
6    Claims filed on behalf of programs operated under this
7Section housed in a jail, detention center, or county-owned
8shelter care facility shall be on an individual student basis
9only for eligible students with disabilities. These claims
10shall be in accordance with applicable rules.
11    Each district claiming reimbursement for a program
12operated as a group program shall have an approved budget on
13file with the State Board of Education prior to the initiation
14of the program's operation. On September 30, December 31, and
15March 31, the State Board of Education shall voucher payments
16to group programs based upon the approved budget during the
17year of operation. Final claims for group payments shall be
18filed on or before July 15. Final claims for group programs
19received at the State Board of Education on or before June 15
20shall be vouchered by June 30. Final claims received at the
21State Board of Education between June 16 and July 15 shall be
22vouchered by August 30. Claims for group programs received
23after July 15 shall not be honored.
24    Each district claiming reimbursement for individual
25students shall have the eligibility of those students verified
26by the State Board of Education. On September 30, December 31,

 

 

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1and March 31, the State Board of Education shall voucher
2payments for individual students based upon an estimated cost
3calculated from the prior year's claim. Final claims for
4individual students for the regular school term must be
5received at the State Board of Education by July 15. Claims for
6individual students received after July 15 shall not be
7honored. Final claims for individual students shall be
8vouchered by August 30.
9    Reimbursement shall be made based upon approved group
10programs or individual students. The State Superintendent of
11Education shall direct the Comptroller to pay a specified
12amount to the district by the 30th day of September, December,
13March, June, or August, respectively. However, notwithstanding
14any other provisions of this Section or the School Code,
15beginning with fiscal year 1994 and each fiscal year
16thereafter, if the amount appropriated for any fiscal year is
17less than the amount required for purposes of this Section, the
18amount required to eliminate any insufficient reimbursement
19for each district claim under this Section shall be reimbursed
20on August 30 of the next fiscal year. Payments required to
21eliminate any insufficiency for prior fiscal year claims shall
22be made before any claims are paid for the current fiscal year.
23    The claim of a school district otherwise eligible to be
24reimbursed in accordance with Section 14-12.01 for the 1976-77
25school year but for this amendatory Act of 1977 shall not be
26paid unless the district ceases to maintain such classes for

 

 

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1one entire school year.
2    If a school district's current reimbursement payment for
3the 1977-78 school year only is less than the prior year's
4reimbursement payment owed, the district shall be paid the
5amount of the difference between the payments in addition to
6the current reimbursement payment, and the amount so paid shall
7be subtracted from the amount of prior year's reimbursement
8payment owed to the district.
9    Regional superintendents may operate special education
10classes for children from orphanages, foster family homes,
11children's homes or State housing units located within the
12educational services region upon consent of the school board
13otherwise so obligated. In electing to assume the powers and
14duties of a school district in providing and maintaining such a
15special education program, the regional superintendent may
16enter into joint agreements with other districts and may
17contract with public or private schools or the orphanage,
18foster family home, children's home or State housing unit for
19provision of the special education program. The regional
20superintendent exercising the powers granted under this
21Section shall claim the reimbursement authorized by this
22Section directly from the State Board of Education.
23    Any child who is not a resident of Illinois who is placed
24in a child welfare institution, private facility, foster family
25home, State operated program, orphanage or children's home
26shall have the payment for his educational tuition and any

 

 

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1related services assured by the placing agent.
2    For each student with a disability who is placed in a
3residential facility by an Illinois public agency or by any
4court in this State, the costs for educating the student are
5eligible for reimbursement under this Section.
6    The district of residence of the student with a disability
7as defined in Section 14-1.11a is responsible for the actual
8costs of the student's special education program and is
9eligible for reimbursement under this Section when placement is
10made by a State agency or the courts.
11    When a dispute arises over the determination of the
12district of residence under this Section, the district or
13districts may appeal the decision in writing to the State
14Superintendent of Education, who, upon review of materials
15submitted and any other items or information he or she may
16request for submission, shall issue a written decision on the
17matter. The decision of the State Superintendent of Education
18shall be final.
19    In the event a district does not make a tuition payment to
20another district that is providing the special education
21program and services, the State Board of Education shall
22immediately withhold 125% of the then remaining annual tuition
23cost from the State aid or categorical aid payment due to the
24school district that is determined to be the resident school
25district. All funds withheld by the State Board of Education
26shall immediately be forwarded to the school district where the

 

 

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1student is being served.
2    When a child eligible for services under this Section
314-7.03 must be placed in a nonpublic facility, that facility
4shall meet the programmatic requirements of Section 14-7.02 and
5its regulations, and the educational services shall be funded
6only in accordance with this Section 14-7.03.
7(Source: P.A. 98-739, eff. 7-16-14; 99-143, eff. 7-27-15.)