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91_HB2904enr
HB2904 Enrolled LRB9107764NTsb
1 AN ACT concerning the powers and duties of regional
2 superintendents of schools.
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 Sections 2-3.30, 3-15.10, 14-7.02, 14-12.01, 14A-5, 14C-12,
7 18-3, and 18-4.3 as follows:
8 (105 ILCS 5/2-3.30) (from Ch. 122, par. 2-3.30)
9 Sec. 2-3.30. Census for special education. To require on
10 or before December 22 of each year reports submitted through
11 the regional superintendent as to the census of all children
12 age birth through 21 years of age inclusive of the types
13 described in definitions under the rules authorized in
14 Section 14-1.02 who were receiving special education and
15 related services on December 1 of the current school year.
16 To require an annual report, on or before December 22 of
17 each year from the Department of Children and Family
18 Services, Department of Corrections, and Department of Human
19 Services containing a census of all children age birth
20 through 21 years of age inclusive, of the types described in
21 Section 14-1.02 who were receiving special education
22 services on December 1 of the current school year within
23 State facilities. Such report shall be submitted pursuant to
24 rules and regulations issued by the State Board of Education.
25 The State Board of Education shall ascertain and report
26 annually, on or before January 15, the number of children of
27 non-English background, birth through 21 years of age,
28 inclusive of (a) types described in definitions under rules
29 authorized in Section 14-1.02 who were receiving special
30 education and related services on December of the previous
31 year and (b) inclusive of those served within State
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1 facilities administered by the Department of Children and
2 Family Services and the Department of Human Services. The
3 report shall classify such children according to their
4 language background, age, category of exceptionality and
5 level of severity, least restrictive placement and
6 achievement level.
7 (Source: P.A. 89-507, eff. 7-1-97.)
8 (105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)
9 Sec. 3-15.10. Assistant Regional Superintendent. To
10 employ, in counties or regions of 2,000,000 inhabitants or
11 less, in addition to any assistants authorized to be employed
12 with the approval of the county board, an assistant regional
13 superintendent of schools who shall be a person of good
14 attainment, versed in the principles and methods of
15 education, and qualified to teach and supervise schools under
16 Article 21 of this Act; to fix the term of such assistant and
17 direct his work and define his duties. In regions established
18 within that portion of a Class II county outside a city of
19 500,000 or more inhabitants, the regional superintendent may
20 employ, in addition to any assistants authorized to be
21 employed with the approval of the county board, 3 assistant
22 regional superintendents of schools. Until July 1, 1994, in
23 counties or regions having a population of more than
24 2,000,000 inhabitants the regional superintendent may employ,
25 in addition to any assistants authorized to be employed with
26 the approval of the county board, 11 assistant regional
27 superintendents of schools. Assistant regional
28 superintendents shall each be a person of good attainment,
29 versed in the principles and methods of education, and
30 qualified to teach and supervise schools under Article 21 of
31 this Act. The work of such assistant regional superintendent
32 shall be so arranged and directed that the county or regional
33 superintendent and assistant superintendent, together, shall
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1 devote an amount of time during the school year, equal to at
2 least the full time of one individual, to the supervision of
3 schools and of teaching in the schools of the county.
4 Notwithstanding any of the provisions of this Section,
5 any person who, on July 1, 1955, was employed as an assistant
6 county superintendent of schools shall be qualified for that
7 position if he holds a state certificate valid for teaching
8 and supervising.
9 On July 1, 1994, the employment of all persons serving as
10 assistant county or regional superintendents in any county or
11 educational service region having a population of more than
12 2,000,000 inhabitants is terminated, the office of assistant
13 county or regional superintendent in each such county or
14 educational service region is abolished, and this Section
15 shall, from and after July 1, 1994, have no further
16 application in any such county or educational service region.
17 A regional superintendent of schools shall not employ his
18 or her spouse, child, stepchild, or relative as an assistant
19 regional superintendent of schools. By September 1 each year,
20 a regional superintendent shall certify to the State Board of
21 Education that he or she has complied with this paragraph. If
22 the State Board of Education becomes aware of the fact that a
23 regional superintendent is employing his or her spouse,
24 child, stepchild, or relative as an assistant regional
25 superintendent, the State Board of Education shall not
26 request for payment from the State Comptroller any warrants
27 for the payment of the assistant regional superintendent's
28 salary. In this paragraph, "relative" means a grandparent,
29 parent, aunt, uncle, sibling, first cousin, nephew, niece,
30 grandchild, or spouse of one of these persons. This paragraph
31 applies only to contracts for employment entered into on or
32 after the effective date of this amendatory Act of the 91st
33 General Assembly.
34 (Source: P. A. 87-654; 87-1251; 88-89.)
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1 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
2 Sec. 14-7.02. Children attending private schools, public
3 out-of-state schools, public school residential facilities or
4 private special education facilities. The General Assembly
5 recognizes that non-public schools or special education
6 facilities provide an important service in the educational
7 system in Illinois.
8 If because of his or her disability the special education
9 program of a district is unable to meet the needs of a child
10 and the child attends a non-public school or special
11 education facility, a public out-of-state school or a special
12 education facility owned and operated by a county government
13 unit that provides special educational services required by
14 the child and is in compliance with the appropriate rules and
15 regulations of the State Superintendent of Education, the
16 school district in which the child is a resident shall pay
17 the actual cost of tuition for special education and related
18 services provided during the regular school term and during
19 the summer school term if the child's educational needs so
20 require, excluding room, board and transportation costs
21 charged the child by that non-public school or special
22 education facility, public out-of-state school or county
23 special education facility, or $4,500 per year, whichever is
24 less, and shall provide him any necessary transportation.
25 "Nonpublic special education facility" shall include a
26 residential facility, within or without the State of
27 Illinois, which provides special education and related
28 services to meet the needs of the child by utilizing private
29 schools or public schools, whether located on the site or off
30 the site of the residential facility.
31 The State Board of Education shall promulgate rules and
32 regulations for determining when placement in a private
33 special education facility is appropriate. Such rules and
34 regulations shall take into account the various types of
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1 services needed by a child and the availability of such
2 services to the particular child in the public school. In
3 developing these rules and regulations the State Board of
4 Education shall consult with the Advisory Council on
5 Education of Children with Disabilities and hold public
6 hearings to secure recommendations from parents, school
7 personnel, and others concerned about this matter.
8 The State Board of Education shall also promulgate rules
9 and regulations for transportation to and from a residential
10 school. Transportation to and from home to a residential
11 school more than once each school term shall be subject to
12 prior approval by the State Superintendent in accordance with
13 the rules and regulations of the State Board.
14 A school district making tuition payments pursuant to
15 this Section is eligible for reimbursement from the State for
16 the amount of such payments actually made in excess of the
17 district per capita tuition charge for students not receiving
18 special education services. Such reimbursement shall be
19 approved in accordance with Section 14-12.01 and each
20 district shall file its claims, computed in accordance with
21 rules prescribed by the State Board of Education, with the
22 regional superintendent of schools on or before August 1, for
23 approval on forms prescribed by the State Superintendent of
24 Education. Data used as a basis of reimbursement claims
25 shall be for the preceding regular school term and summer
26 school term. Each school district shall The regional
27 superintendent of schools shall approve the claims as to form
28 and transmit its the claims to the State Board of Education
29 on or before August 15. The State Board of Education, before
30 approving any such claims, shall determine their accuracy and
31 whether they are based upon services and facilities provided
32 under approved programs. Upon approval the State Board shall
33 cause vouchers to be prepared showing the amount due for
34 payment of reimbursement claims to school districts, for
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1 transmittal to the State Comptroller on the 30th day of
2 September, December, and March, respectively, and the final
3 voucher, no later than June 20. If the money appropriated by
4 the General Assembly for such purpose for any year is
5 insufficient, it shall be apportioned on the basis of the
6 claims approved.
7 No child shall be placed in a special education program
8 pursuant to this Section if the tuition cost for special
9 education and related services increases more than 10 percent
10 over the tuition cost for the previous school year or exceeds
11 $4,500 per year unless such costs have been approved by the
12 Illinois Purchased Care Review Board. The Illinois
13 Purchased Care Review Board shall consist of the following
14 persons, or their designees: the Directors of Children and
15 Family Services, Public Health, Public Aid, and the Bureau of
16 the Budget; the Secretary of Human Services; the State
17 Superintendent of Education; and such other persons as the
18 Governor may designate. The Review Board shall establish
19 rules and regulations for its determination of allowable
20 costs and payments made by local school districts for special
21 education, room and board, and other related services
22 provided by non-public schools or special education
23 facilities and shall establish uniform standards and criteria
24 which it shall follow.
25 The Review Board shall establish uniform definitions and
26 criteria for accounting separately by special education, room
27 and board and other related services costs. The Board shall
28 also establish guidelines for the coordination of services
29 and financial assistance provided by all State agencies to
30 assure that no otherwise qualified disabled child receiving
31 services under Article 14 shall be excluded from
32 participation in, be denied the benefits of or be subjected
33 to discrimination under any program or activity provided by
34 any State agency.
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1 The Review Board shall review the costs for special
2 education and related services provided by non-public schools
3 or special education facilities and shall approve or
4 disapprove such facilities in accordance with the rules and
5 regulations established by it with respect to allowable
6 costs.
7 The State Board of Education shall provide administrative
8 and staff support for the Review Board as deemed reasonable
9 by the State Superintendent of Education. This support shall
10 not include travel expenses or other compensation for any
11 Review Board member other than the State Superintendent of
12 Education.
13 The Review Board shall seek the advice of the Advisory
14 Council on Education of Children with Disabilities on the
15 rules and regulations to be promulgated by it relative to
16 providing special education services.
17 If a child has been placed in a program in which the
18 actual per pupil costs of tuition for special education and
19 related services based on program enrollment, excluding room,
20 board and transportation costs, exceed $4,500 and such costs
21 have been approved by the Review Board, the district shall
22 pay such total costs which exceed $4,500. A district making
23 such tuition payments in excess of $4,500 pursuant to this
24 Section shall be responsible for an amount in excess of
25 $4,500 equal to the district per capita tuition charge and
26 shall be eligible for reimbursement from the State for the
27 amount of such payments actually made in excess of the
28 districts per capita tuition charge for students not
29 receiving special education services.
30 If a child has been placed in an approved individual
31 program and the tuition costs including room and board costs
32 have been approved by the Review Board, then such room and
33 board costs shall be paid by the appropriate State agency
34 subject to the provisions of Section 14-8.01 of this Act.
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1 Room and board costs not provided by a State agency other
2 than the State Board of Education shall be provided by the
3 State Board of Education on a current basis. In no event,
4 however, shall the State's liability for funding of these
5 tuition costs begin until after the legal obligations of
6 third party payors have been subtracted from such costs. If
7 the money appropriated by the General Assembly for such
8 purpose for any year is insufficient, it shall be apportioned
9 on the basis of the claims approved. Each district shall
10 submit estimated claims to the regional superintendent of
11 schools for transmittal to the State Superintendent of
12 Education. Upon approval of such claims, the State
13 Superintendent of Education shall direct the State
14 Comptroller to make payments on a monthly basis. The
15 frequency for submitting estimated claims and the method of
16 determining payment shall be prescribed in rules and
17 regulations adopted by the State Board of Education. Such
18 current state reimbursement shall be reduced by an amount
19 equal to the proceeds which the child or child's parents are
20 eligible to receive under any public or private insurance or
21 assistance program. Nothing in this Section shall be
22 construed as relieving an insurer or similar third party from
23 an otherwise valid obligation to provide or to pay for
24 services provided to a disabled child.
25 If it otherwise qualifies, a school district is eligible
26 for the transportation reimbursement under Section 14-13.01
27 and for the reimbursement of tuition payments under this
28 Section whether the non-public school or special education
29 facility, public out-of-state school or county special
30 education facility, attended by a child who resides in that
31 district and requires special educational services, is within
32 or outside of the State of Illinois. However, a district is
33 not eligible to claim transportation reimbursement under this
34 Section unless the district certifies to the State
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1 Superintendent of Education that the district is unable to
2 provide special educational services required by the child
3 for the current school year.
4 Nothing in this Section authorizes the reimbursement of a
5 school district for the amount paid for tuition of a child
6 attending a non-public school or special education facility,
7 public out-of-state school or county special education
8 facility unless the school district certifies to the State
9 Superintendent of Education that the special education
10 program of that district is unable to meet the needs of that
11 child because of his disability and the State Superintendent
12 of Education finds that the school district is in substantial
13 compliance with Section 14-4.01.
14 Any educational or related services provided, pursuant to
15 this Section in a non-public school or special education
16 facility or a special education facility owned and operated
17 by a county government unit shall be at no cost to the parent
18 or guardian of the child. However, current law and practices
19 relative to contributions by parents or guardians for costs
20 other than educational or related services are not affected
21 by this amendatory Act of 1978.
22 Reimbursement for children attending public school
23 residential facilities shall be made in accordance with the
24 provisions of this Section.
25 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
26 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
27 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
28 (105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
29 Sec. 14-12.01. Account of expenditures - Cost report -
30 Reimbursement. Each school board shall keep an accurate,
31 detailed and separate account of all monies paid out by it
32 for the maintenance of each of the types of facilities,
33 classes and schools authorized by this Article for the
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1 instruction and care of pupils attending them and for the
2 cost of their transportation, and shall annually report
3 thereon indicating the cost of each such elementary or high
4 school pupil for the school year ending June 30.
5 Applications for preapproval for reimbursement for costs
6 of special education must be first submitted through the
7 office of the regional superintendent of schools to the State
8 Superintendent of Education on or before 30 days after a
9 special class or service is started. Applications shall set
10 forth a plan for special education established and maintained
11 in accordance with this Article. Such applications shall be
12 limited to the cost of construction and maintenance of
13 special education facilities designed and utilized to house
14 instructional programs, diagnostic services, other special
15 education services for children with disabilities and
16 reimbursement as provided in Section 14-13.01. Such
17 application shall not include the cost of construction or
18 maintenance of any administrative facility separated from
19 special education facilities designed and utilized to house
20 instructional programs, diagnostic services, and other
21 special education services for children with disabilities.
22 Reimbursement claims for special education shall be made as
23 follows:
24 Each district shall file its claim computed in accordance
25 with rules prescribed by the State Board of Education with
26 the regional superintendent of schools, in triplicate, on or
27 before August 1, for approval on forms prescribed by the
28 State Superintendent of Education. Data used as a basis of
29 reimbursement claims shall be for the school year ended on
30 June 30 preceding. Each school district shall transmit to
31 The regional superintendent of schools shall check and upon
32 approval provide the State Superintendent of Education its
33 with the original and one copy of the claims on or before
34 August 15. The State Superintendent of Education before
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1 approving any such claims shall determine their accuracy and
2 whether they are based upon services and facilities provided
3 under approved programs. Upon approval, vouchers for the
4 amounts due the respective districts shall be prepared and
5 submitted during each fiscal year as follows: the first 3
6 vouchers shall be prepared by the State Superintendent of
7 Education and transmitted to the Comptroller on the 30th day
8 of September, December and March, respectively, and the final
9 voucher, no later than June 20. If, after preparation and
10 transmittal of the September 30 vouchers, any claim has been
11 redetermined by the State Superintendent of Education,
12 subsequent vouchers shall be adjusted in amount to compensate
13 for any overpayment or underpayment previously made. If the
14 money appropriated by the General Assembly for such purpose
15 for any year is insufficient, it shall be apportioned on the
16 basis of the claims approved.
17 Claims received at the State Board of Education after
18 August 15 shall not be honored. Claims received by August 15
19 may be amended until November 30.
20 (Source: P.A. 88-641, eff. 9-9-94; 89-397, eff. 8-20-95.)
21 (105 ILCS 5/14A-5) (from Ch. 122, par. 14A-5)
22 Sec. 14A-5. Reimbursement for services and materials.
23 Pursuant to regulations of the State Board of Education
24 proposed programs for gifted children may be submitted to the
25 Council by a school district, 2 or more cooperating school
26 districts, a county, or 2 or more cooperating counties. Such
27 proposals shall include a statement of the qualifications and
28 duties of the personnel required in the fields of diagnostic,
29 counseling and consultative services and the educational
30 materials necessary.
31 Upon receipt of such proposals the Council shall evaluate
32 them and if found to contribute to the development of a State
33 plan to increase the service of the public school in the
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1 field of education of gifted children the Council shall
2 recommend the acceptance thereof to the State Superintendent
3 of Education, who may approve the same. Upon the approval of
4 the district's program, which shall be offered during the
5 regular school term and may include optional summer school,
6 the district shall be entitled to reimbursement for the
7 services and materials required therefor by the method
8 described in either (a) or (b) as follows:
9 (a) The number of pupils in average daily attendance in
10 the district's program, multiplied by one of the following
11 factors:
12 The factors for school districts having different
13 assessed valuations per pupil in average daily attendance for
14 the prior year shall be:
15 1. in districts with $20,000 or more;
16 1.2 in districts with $16,000 but less than $20,000;
17 1.3 in districts with $12,000 but less than $16,000;
18 1.4 in districts with $9,000 but less than $12,000;
19 1.5 in districts with less than $9,000.
20 In no case shall the claim for reimbursement of any
21 district exceed the actual cost of such program to the
22 district nor shall the number of pupils for whom
23 reimbursement is claimed exceed 5% of the number of pupils in
24 average daily attendance in the district for the prior year.
25 (b) For each professional worker, who meets the
26 established standards for his position, employed in the
27 district's program at the annual rate of $5,000.
28 On or before July 10, annually, the president and the
29 secretary of the district shall certify to the regional
30 superintendent upon forms prescribed by the State
31 Superintendent of Education the district's claim for
32 reimbursement for the school year ended on June 30 next
33 preceding. The regional superintendent shall check all such
34 claims to ascertain compliance with the prescribed standards
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1 and upon his approval shall certify not later than July 25 to
2 the State Superintendent of Education the regional report of
3 claims for reimbursements. The State Superintendent of
4 Education shall check and upon approval shall transmit by
5 September 15 to the State Comptroller the vouchers showing
6 the amounts due for district reimbursement claims.
7 Reimbursement shall be paid in the manner provided above in
8 this paragraph through September 15, 1979. Thereafter,
9 Estimated payments equal to 1/4 of the district's approved
10 program amount shall be made by the State Comptroller on
11 November 15, February 15, and May 15 upon submission of
12 vouchers by the State Superintendent of Education. A final
13 claim shall be transmitted filed with the regional
14 superintendent on or before July 10 for approval and
15 transmittal to the State Superintendent of Education on or
16 before July 20. Claims received by the State Superintendent
17 of Education after July 20 shall not be honored. Upon receipt
18 of the final claim the State Superintendent shall verify its
19 accuracy and make a final adjusted payment on September 20.
20 If the amount appropriated for such reimbursement for any
21 year is insufficient it shall be apportioned on the basis of
22 the claims approved.
23 When any school district eligible for reimbursement under
24 this Section operates a school for a full year in accordance
25 with Section 10-19.1 of this Act such reimbursement shall be
26 increased by 1/185 of the amount or rate paid hereunder for
27 each day such school is operated in excess of 185 days per
28 calendar year.
29 For purposes of calculating claims for reimbursement
30 under this Section for any school year beginning July 1,
31 1997, or thereafter, the equalized assessed valuation for a
32 school district used to compute reimbursement shall be
33 computed in the same manner as it is computed under paragraph
34 (2) of subsection (G) of Section 18-8.05.
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1 (Source: P.A. 90-463, eff. 8-17-97; 91-96, eff. 7-9-99.)
2 (105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)
3 Sec. 14C-12. Account of expenditures; Cost report;
4 Reimbursement. Each school district shall keep an accurate,
5 detailed and separate account of all monies paid out by it
6 for the programs in transitional bilingual education required
7 or permitted by this Article, including transportation costs,
8 and shall annually report thereon for the school year ending
9 June 30 indicating the average per pupil expenditure. Each
10 school district shall be reimbursed for the amount by which
11 such costs exceed the average per pupil expenditure by such
12 school district for the education of children of comparable
13 age who are not in any special education program.
14 Applications for preapproval for reimbursement for costs
15 of transitional bilingual education programs must be
16 submitted to the State Superintendent of Education at least
17 60 days before a transitional bilingual education program is
18 started, unless a justifiable exception is granted by the
19 State Superintendent of Education. Applications shall set
20 forth a plan for transitional bilingual education established
21 and maintained in accordance with this Article.
22 Reimbursement claims for transitional bilingual education
23 programs shall be made as follows:
24 Each school district shall claim reimbursement on a
25 current basis for the first 3 quarters of the fiscal year and
26 file a final adjusted claim for the school year ended June 30
27 preceding computed in accordance with rules prescribed by the
28 State Superintendent's Office with the regional
29 superintendent of schools, in triplicate, for approval on
30 forms prescribed by the State Superintendent's Office. Data
31 used as a basis of reimbursement claims shall be for the
32 school year ended on June 30 preceding. School districts
33 shall file estimated claims with the regional superintendent
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1 by October 10, January 10 and April 10 respectively, and file
2 final adjusted claims by July 10. Upon receipt of such
3 quarterly claims the regional superintendent shall transmit
4 them to the State Superintendent by October 20, January 20,
5 and April 20, and file final adjusted claims by July 20. The
6 State Superintendent of Education before approving any such
7 claims shall determine their accuracy and whether they are
8 based upon services and facilities provided under approved
9 programs. Upon approval he shall transmit by November 15,
10 February 15, May 15, and August 20 to the Comptroller the
11 vouchers showing the amounts due for school district
12 reimbursement claims. Upon receipt of the July final
13 adjusted claims the State Superintendent of Education shall
14 make a final determination of the accuracy of such claims.
15 If the money appropriated by the General Assembly for such
16 purpose for any year is insufficient, it shall be apportioned
17 on the basis of the claims approved.
18 Failure on the part of the school district to prepare and
19 certify the final adjusted claims due under this Section on
20 or before July 20 of any year, and its failure thereafter to
21 prepare and certify such report to the regional
22 superintendent of schools within 10 days after receipt of
23 notice of such delinquency sent to it by the State
24 Superintendent of Education by registered mail, shall
25 constitute a forfeiture by the school district of its right
26 to be reimbursed by the State under this Section.
27 (Source: P.A. 90-463, eff. 8-17-97.)
28 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
29 Sec. 18-3. Tuition of children from orphanages and
30 children's homes.
31 When the children from any home for orphans, dependent,
32 abandoned or maladjusted children maintained by any
33 organization or association admitting to such home children
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1 from the State in general or when children residing in a
2 school district wherein the State of Illinois maintains and
3 operates any welfare or penal institution on property owned
4 by the State of Illinois, which contains houses, housing
5 units or housing accommodations within a school district,
6 attend grades kindergarten through 12 of the public schools
7 maintained by that school district, the State Superintendent
8 of Education shall direct the State Comptroller to pay a
9 specified amount sufficient to pay the annual tuition cost of
10 such children who attended such public schools during the
11 school year ending on June 30, and the Comptroller shall pay
12 the amount after receipt of a voucher submitted by the State
13 Superintendent of Education.
14 The amount of the tuition for such children attending the
15 public schools of the district shall be determined by the
16 State Superintendent of Education by multiplying the number
17 of such children in average daily attendance in such schools
18 by 1.2 times the total annual per capita cost of
19 administering the schools of the district. Such total annual
20 per capita cost shall be determined by totaling all expenses
21 of the school district in the educational, operations and
22 maintenance, bond and interest, transportation, Illinois
23 municipal retirement, and rent funds for the school year
24 preceding the filing of such tuition claims less expenditures
25 not applicable to the regular K-12 program, less offsetting
26 revenues from State sources except those from the common
27 school fund, less offsetting revenues from federal sources
28 except those from federal impaction aid, less student and
29 community service revenues, plus a depreciation allowance;
30 and dividing such total by the average daily attendance for
31 the year.
32 Annually on or before June 30 the superintendent of the
33 district upon forms prepared by the State Superintendent of
34 Education shall certify to the regional superintendent the
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1 following:
2 1. The name of the home and of the organization or
3 association maintaining it; or the legal description of the
4 real estate upon which the house, housing units, or housing
5 accommodations are located and that no taxes or service
6 charges or other payments authorized by law to be made in
7 lieu of taxes were collected therefrom or on account thereof
8 during either of the calendar years included in the school
9 year for which claim is being made;
10 2. The number of children from the home or living in
11 such houses, housing units or housing accommodations and
12 attending the schools of the district;
13 3. The total number of children attending the schools of
14 the district;
15 4. The per capita tuition charge of the district; and
16 5. The computed amount of the tuition payment claimed as
17 due.
18 Whenever the persons in charge of such home for orphans,
19 dependent, abandoned or maladjusted children have received
20 from the parent or guardian of any such child or by virtue of
21 an order of court a specific allowance for educating such
22 child, such persons shall pay to the school board in the
23 district where the child attends school such amount of the
24 allowance as is necessary to pay the tuition required by such
25 district for the education of the child. If the allowance is
26 insufficient to pay the tuition in full the State
27 Superintendent of Education shall direct the Comptroller to
28 pay to the district the difference between the total tuition
29 charged and the amount of the allowance.
30 Whenever the facilities of a school district in which
31 such house, housing units or housing accommodations are
32 located, are limited, pupils may be assigned by that district
33 to the schools of any adjacent district to the limit of the
34 facilities of the adjacent district to properly educate such
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1 pupils as shall be determined by the school board of the
2 adjacent district, and the State Superintendent of Education
3 shall direct the Comptroller to pay a specified amount
4 sufficient to pay the annual tuition of the children so
5 assigned to and attending public schools in the adjacent
6 districts and the Comptroller shall draw his warrant upon the
7 State Treasurer for the payment of such amount for the
8 benefit of the adjacent school districts in the same manner
9 as for districts in which the houses, housing units or
10 housing accommodations are located.
11 Failure on the part of the school board to certify to the
12 regional superintendent the claim of the school district for
13 tuition on account of such children on or before June 30
14 shall constitute a forfeiture by the district of its right to
15 the payment of any such tuition claim for the school year
16 just ended. The school district regional superintendent shall
17 check and not later than July 15 certify to the State
18 Superintendent of Education the regional report of claims due
19 for such tuition payments on or before July 31. Failure on
20 the part of the school board to certify its claim on July 31
21 shall constitute a forfeiture by the district of its right to
22 the payment of any such tuition claim for the school year
23 just ended. The State Superintendent of Education shall
24 direct the Comptroller to pay to the district, on or before
25 August 15, the amount due the district for the school year in
26 accordance with the calculation of the claim as set forth in
27 this Section.
28 Claims for tuition for children from any home for orphans
29 or dependent, abandoned, or maladjusted children beginning
30 with the 1993-1994 school year shall be paid on a current
31 year basis. On September 30, December 31, and March 31, the
32 State Board of Education shall voucher payments for districts
33 with those students based on an estimated cost calculated
34 from the prior year's claim. Final claims for those students
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1 for the regular school term must be received at the State
2 Board of Education by July 31 following the end of the school
3 year. Final claims for those students shall be vouchered by
4 August 15. During fiscal year 1994 both the 1992-1993 school
5 year and the 1993-1994 school year shall be paid in order to
6 change the cycle of payment from a reimbursement basis to a
7 current year funding basis of payment. However,
8 notwithstanding any other provisions of this Section or the
9 School Code, beginning with fiscal year 1994 and each fiscal
10 year thereafter, if the amount appropriated for any fiscal
11 year is less than the amount required for purposes of this
12 Section, the amount required to eliminate any insufficient
13 reimbursement for each district claim under this Section
14 shall be reimbursed on August 30 of the next fiscal year.
15 Payments required to eliminate any insufficiency for prior
16 fiscal year claims shall be made before any claims are paid
17 for the current fiscal year.
18 If a school district makes a claim for reimbursement
19 under Section 18-4 or 14-7.03 it shall not include in any
20 claim filed under this Section children residing on the
21 property of State institutions included in its claim under
22 Section 18-4 or 14-7.03.
23 Any child who is not a resident of Illinois who is placed
24 in a child welfare institution, private facility, State
25 operated program, orphanage or children's home shall have the
26 payment for his educational tuition and any related services
27 assured by the placing agent.
28 In order to provide services appropriate to allow a
29 student under the legal guardianship or custodianship of the
30 State to participate in local school district educational
31 programs, costs may be incurred in appropriate cases by the
32 district that are in excess of 1.2 times the district per
33 capita tuition charge allowed under the provisions of this
34 Section. In the event such excess costs are incurred, they
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1 must be documented in accordance with cost rules established
2 under the authority of this Section and may then be claimed
3 for reimbursement under this Section.
4 Planned services for students eligible for this funding
5 must be a collaborative effort between the appropriate State
6 agency or the student's group home or institution and the
7 local school district.
8 (Source: P.A. 89-235, eff. 8-4-95; 90-463, eff. 8-17-97;
9 90-644, eff. 7-24-98.)
10 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
11 Sec. 18-4.3. Summer school grants. Grants shall be
12 determined for pupil attendance in summer schools conducted
13 under Sections 10-22.33A and 34-18 and approved under Section
14 2-3.25 in the following manner.
15 The amount of grant for each accredited summer school
16 attendance pupil shall be obtained by dividing the total
17 amount of apportionments determined under Section 18-8 or
18 Section 18-8.05 by the actual number of pupils in average
19 daily attendance used for such apportionments. The number of
20 credited summer school attendance pupils shall be determined
21 (a) by counting clock hours of class instruction by pupils
22 enrolled in grades 1 through 12 in approved courses conducted
23 at least 60 clock hours in summer sessions; (b) by dividing
24 such total of clock hours of class instruction by 4 to
25 produce days of credited pupil attendance; (c) by dividing
26 such days of credited pupil attendance by the actual number
27 of days in the regular term as used in computation in the
28 general apportionment in Section 18-8.05 18-8; and (d) by
29 multiplying by 1.25.
30 The amount of the grant for a summer school program
31 approved by the State Superintendent of Education for
32 children with disabilities, as defined in Sections 14-1.02
33 through 14-1.07, shall be determined in the manner contained
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1 above except that average daily membership shall be utilized
2 in lieu of average daily attendance.
3 In the case of an apportionment based on summer school
4 attendance or membership pupils, the claim therefor shall be
5 presented as a separate claim for the particular school year
6 in which such summer school session ends. On or before
7 November 1 October 15 of each year the superintendent of each
8 eligible school district shall certify to the State
9 Superintendent of Education regional superintendent the claim
10 of the district for the summer session just ended. Failure
11 on the part of the school board to so certify shall
12 constitute a forfeiture of its right to such payment. The
13 regional superintendent shall certify to the State
14 Superintendent of Education no later than November 1 the
15 regional report of claims for summer school. The State
16 Superintendent of Education shall transmit to the Comptroller
17 no later than December 15th of each year vouchers for payment
18 of amounts due school districts for summer school. The State
19 Superintendent of Education shall direct the Comptroller to
20 draw his warrants for payments thereof by the 30th day of
21 December. If the money appropriated by the General Assembly
22 for such purpose for any year is insufficient, it shall be
23 apportioned on the basis of claims approved.
24 However, notwithstanding the foregoing provisions, for
25 each fiscal year the money appropriated by the General
26 Assembly for the purposes of this Section shall only be used
27 for grants for approved summer school programs for those
28 children with disabilities served pursuant to Sections
29 14-7.02 and 14-7.02a of the School Code.
30 (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)
31 Section 10. The School Free Lunch Program Act is amended
32 by changing Section 8 as follows:
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1 (105 ILCS 125/8) (from Ch. 122, par. 712.8)
2 Sec. 8. School boards and welfare centers shall file
3 claims for reimbursement, on forms provided by the State
4 Board of Education, with the Regional Superintendent of
5 Schools, on a monthly basis as prescribed by the State Board
6 of Education.
7 The Regional Superintendent of Schools shall sign and
8 forward to the State Board of Education one copy of each such
9 claim filed with him.
10 (Source: P.A. 87-420.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.
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