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90_SB1072ren
105 ILCS 5/14-8.01 from Ch. 122, par. 14-8.01
Amends the School Code. Beginning with fiscal year 1998,
limits the amount of total IDEA Part B discretionary funds
available to the State Board of Education and the manner in
which those federal moneys may be used. Effective
immediately.
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1 AN ACT to amend the School Code by changing Section
2 14-8.01.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 14-8.01 as follows:
7 (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
8 Sec. 14-8.01. Supervision of special education buildings
9 and facilities. All special educational facilities, building
10 programs, housing, and all educational programs for the types
11 of disabled children defined in Section 14-1.02 shall be
12 under the supervision of and subject to the approval of the
13 State Board of Education.
14 All special education facilities, building programs, and
15 housing shall comply with the building code authorized by
16 Section 2-3.12.
17 All educational programs for children with disabilities
18 as defined in Section 14-1.02 administered by any State
19 agency shall be under the general supervision of the State
20 Board of Education. Such supervision shall be limited to
21 insuring that such educational programs meet standards
22 jointly developed and agreed to by both the State Board of
23 Education and the operating State agency, including standards
24 for educational personnel.
25 Any State agency providing special educational programs
26 for children with disabilities as defined in Section 14-1.02
27 shall promulgate rules and regulations, in consultation with
28 the State Board of Education and pursuant to the Illinois
29 Administrative Procedure Act as now or hereafter amended, to
30 insure that all such programs comply with this Section and
31 Section 14-8.02.
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1 No otherwise qualified disabled child receiving special
2 education and related services under Article 14 shall solely
3 by reason of his or her disability be excluded from the
4 participation in or be denied the benefits of or be subjected
5 to discrimination under any program or activity provided by a
6 State agency.
7 State agencies providing special education and related
8 services, including room and board, either directly or
9 through grants or purchases of services shall continue to
10 provide these services according to current law and practice.
11 Room and board costs not provided by a State agency other
12 than the State Board of Education shall be provided by the
13 State Board of Education to the extent of available funds.
14 An amount equal to one-half of the State education agency's
15 share of IDEA PART B federal monies, or so much thereof as
16 may actually be needed, shall annually be appropriated to pay
17 for the additional costs of providing for room and board for
18 those children placed pursuant to Section 14-7.02 of this Act
19 and, after all such room and board costs are paid, for
20 similar expenditures for children served pursuant to Section
21 14-7.02 or 14-7.02a of this Act, based in community based
22 programs that serve as alternatives to residential
23 placements.
24 Beginning with Fiscal Year 1997 and continuing through
25 Fiscal Year 2000, 100% of the former Chapter I, Section
26 89-313 federal funds shall be allocated by the State Board of
27 Education in the same manner as IDEA, PART B "flow through"
28 funding to local school districts, joint agreements, and
29 special education cooperatives for the maintenance of
30 instructional and related support services to students with
31 disabilities. However, beginning with Fiscal Year 1998, the
32 total IDEA Part B discretionary funds available to the State
33 Board of Education shall not exceed the maximum permissible
34 under federal law or 20% of the total federal funds available
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1 to the State, whichever is less. In no case shall the
2 aggregate IDEA Part B discretionary funds received by the
3 State Board of Education exceed the amount of IDEA Part B
4 discretionary funds available to the State Board of Education
5 for Fiscal Year 1997, excluding any carryover funds from
6 prior fiscal years, increased by 3% for Fiscal Year 1998 and
7 increased by an additional 3% for each fiscal year
8 thereafter. After all room and board payments and similar
9 expenditures are made by the State Board of Education as
10 required by this Section, the State Board of Education may
11 use the remaining funds for administration and for providing
12 discretionary activities. However, the State Board of
13 Education may use no more than 25% of its available IDEA Part
14 B discretionary funds for administrative services.
15 Special education and related services included in the
16 child's individualized educational program which are not
17 provided by another State agency shall be included in the
18 special education and related services provided by the State
19 Board of Education and the local school district.
20 The State Board of Education with the advice of the
21 Advisory Council shall prescribe the standards and make the
22 necessary rules and regulations for special education
23 programs administered by local school boards, including but
24 not limited to establishment of classes, training
25 requirements of teachers and other professional personnel,
26 eligibility and admission of pupils, the curriculum, class
27 size limitation, building programs, housing, transportation,
28 special equipment and instructional supplies, and the
29 applications for claims for reimbursement. The State Board of
30 Education shall promulgate rules and regulations for annual
31 evaluations of the effectiveness of all special education
32 programs and annual evaluation by the local school district
33 of the individualized educational program for each child for
34 whom it provides special education services.
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1 A school district is responsible for the provision of
2 educational services for all school age children residing
3 within its boundaries excluding any student placed under the
4 provisions of Section 14-7.02 or any disabled student whose
5 parent or guardian lives outside of the State of Illinois as
6 described in Section 14-1.11.
7 (Source: P.A. 88-16; 88-45; 89-397, eff. 8-20-95; 89-622,
8 eff. 8-9-96.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.