Illinois Compiled Statutes
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105 ILCS 5/14-7.03
(105 ILCS 5/14-7.03)
(from Ch. 122, par. 14-7.03)
Special Education Classes for Children from Orphanages,
Foster Family Homes, Children's Homes, or in State Housing Units.
school district maintains special education classes on the site of
orphanages and children's homes, or if children from the orphanages,
children's homes, foster family homes, other State agencies, or State
residential units for children attend classes for children with disabilities
in which the school district is a participating member of a joint
agreement, or if the children from the orphanages, children's homes,
foster family homes, other State agencies, or State residential units
attend classes for the children with disabilities maintained by the school
district, then reimbursement shall be paid to eligible districts in
accordance with the provisions of this Section by the Comptroller as directed
by the State Superintendent of Education.
The amount of tuition for such children shall be determined by the
actual cost of maintaining such classes, using the per capita cost formula
set forth in Section 14-7.01, such program and cost to be pre-approved by
the State Superintendent of Education.
If a school district makes a claim for reimbursement under Section
18-3 or 18-4 of this Act it shall not include in any claim filed under
this Section a claim for such children. Payments authorized by law,
including State or federal grants for education of children included in
this Section, shall be deducted in determining the tuition amount.
Nothing in this Act shall be construed so as to prohibit
reimbursement for the tuition of children placed in for profit facilities.
Private facilities shall provide adequate space at the
facility for special education classes provided by a school district or
joint agreement for children with disabilities who are
residents of the
facility at no cost to the school district or joint agreement upon
request of the school district or joint agreement. If such a private
facility provides space at no cost to the district or joint agreement
for special education classes provided to children with
disabilities who are
residents of the facility, the district or joint agreement shall not
include any costs for the use of those facilities in its claim for
Reimbursement for tuition may include the cost of providing summer
school programs for children with severe and profound disabilities served
under this Section. Claims for that reimbursement shall be filed by
November 1 and shall be paid on or before December 15 from
appropriations made for the purposes of this Section.
The State Board of Education shall establish such rules and
regulations as may be necessary to implement the provisions of this
Claims filed on behalf of programs operated under this Section housed in a
jail, detention center, or county-owned shelter care facility
shall be on an individual student basis only for
eligible students with disabilities. These claims shall be in accordance with
Each district claiming reimbursement for a program operated as a group
program shall have an approved budget on file with the State Board of
Education prior to the initiation of the program's operation. On September
30, December 31, and March 31, the State Board of Education shall voucher
payments to group programs based upon the approved budget during the year
of operation. Final claims for group payments shall be filed on or before
July 15. Final claims for group programs received at the State
Education on or before June 15 shall be vouchered by June 30. Final claims
received at the State Board of Education between June 16 and July 15
shall be vouchered by August 30. Claims for group programs
after July 15 shall not be honored.
Each district claiming reimbursement for individual students shall have the
eligibility of those students verified by the State Board of Education. On
September 30, December 31, and March 31, the State Board of Education shall
voucher payments for individual students based upon an estimated cost
calculated from the prior year's claim. Final claims for individual students
for the regular school term must be received at the State Board of Education by
July 15. Claims for individual students received after July 15 shall not
be honored. Final claims for individual students shall be vouchered by
Reimbursement shall be made based upon approved group programs or
individual students. The State Superintendent of Education shall direct the
Comptroller to pay a specified amount to the district by the 30th day of
September, December, March, June, or August, respectively. However,
notwithstanding any other provisions of this Section or the School Code,
beginning with fiscal year 1994 and each fiscal year thereafter, if the amount appropriated for any fiscal year
is less than the amount required for purposes of this Section, the amount
required to eliminate any insufficient reimbursement for each district claim
under this Section shall be reimbursed on August 30 of the next fiscal
year. Payments required to eliminate any insufficiency for prior
fiscal year claims shall be made before any claims are paid for the current
The claim of a school district otherwise eligible to be reimbursed in
accordance with Section 14-12.01 for the 1976-77 school year but for
this amendatory Act of 1977 shall not be paid unless the district ceases
to maintain such classes for one entire school year.
If a school district's current reimbursement payment for the 1977-78
school year only is less than the prior year's reimbursement payment
owed, the district shall be paid the amount of the difference between
the payments in addition to the current reimbursement payment, and the
amount so paid shall be subtracted from the amount of prior year's
reimbursement payment owed to the district.
Regional superintendents may operate special education classes for
children from orphanages, foster family homes, children's homes or State
housing units located within the educational services region upon consent
of the school board otherwise so obligated. In electing to assume the
powers and duties of a school district in providing and maintaining such a
special education program, the regional superintendent may enter into joint
agreements with other districts and may contract with public or private
schools or the orphanage, foster family home, children's home or State
housing unit for provision of the special education program. The regional
superintendent exercising the powers granted under this Section shall claim
the reimbursement authorized by this Section directly from the State Board
Any child who is not a resident of Illinois who is placed in a child
welfare institution, private facility, foster family home, State operated
program, orphanage or children's home shall have the payment for his
educational tuition and any related services assured by the placing agent.
For each student with a disability who is placed in a residential facility by an Illinois public
agency or by any court in this State, the costs for educating the student
are eligible for reimbursement under this Section.
The district of residence of the student with a disability as
defined in Section 14-1.11a is responsible for the actual costs of
the student's special education program and is eligible for reimbursement under
this Section when placement is made by a State agency or the courts.
When a dispute arises over the determination of the district of
residence under this Section, the district or districts may appeal the decision in writing to
the State Superintendent of Education, who, upon review of materials submitted and any other items or information he or she may request for submission, shall issue a written decision on the matter. The decision of the State
Superintendent of Education shall be final.
In the event a district does not make a tuition
payment to another district that is providing the special education
program and services, the State Board of Education shall immediately
withhold 125% of
the then remaining annual tuition cost from the State aid or categorical
aid payment due to the
school district that is determined to be the resident school district. All
funds withheld by the State Board of Education shall immediately be
forwarded to the
school district where the student is being served.
When a child eligible for services under this Section 14-7.03 must be
placed in a nonpublic facility, that facility shall meet the programmatic
requirements of Section 14-7.02 and its regulations, and the educational
services shall be funded only in accordance with this Section 14-7.03.
(Source: P.A. 98-739, eff. 7-16-14; 99-143, eff. 7-27-15.)