A resident school district may also submit such proof to the State Board of Education as may be required for its student. The State Board of Education may not unreasonably withhold approval once satisfactory proof is provided to the State Board.
(f) If an impartial due process hearing officer who is contracted by the State Board of Education pursuant to this Article orders placement of a student with a disability in a residential facility that is not approved by the State Board of Education, then, for purposes of this Section, the facility shall be deemed approved for placement and school district payments and State reimbursements shall be made accordingly.
(g) Emergency residential placement in a facility approved pursuant to subsection (e) or (f) may continue to be utilized so long as (i) the student's IEP team determines annually that such placement continues to be appropriate to meet the student's needs and (ii) at least every 3 years following the student's residential placement, the IEP team reviews appropriate placements approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules to determine whether there are any approved placements that can meet the student's needs, have accepted the student, and have availability for placement of the student.
(h) The State Board of Education shall promulgate rules and regulations
for determining when placement in a private special education facility
is appropriate. Such rules and regulations shall take into account
the various types of services needed by a child and the availability
of such services to the particular child in the public school.
In developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on
Education of Children with Disabilities and hold public
hearings to secure recommendations from parents, school personnel,
and others concerned about this matter.
The State Board of Education shall also promulgate rules and
regulations for transportation to and from a residential school.
Transportation to and from home to a residential school more than once
each school term shall be subject to prior approval by the State
Superintendent in accordance with the rules and regulations of the State
Board.
(i) A school district making tuition payments pursuant to this
Section is eligible for reimbursement from the State for the amount of
such payments actually made in excess of the district per capita tuition
charge for students not receiving special education services.
Such reimbursement shall be approved in accordance with Section 14-12.01
and each district shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms prescribed by the
State Superintendent of Education. Data used as a basis of reimbursement
claims shall be for the preceding regular school term and summer school
term. Each school district shall transmit its claims to the State Board of Education
on or before
August 15. The State Board of Education, before approving any such claims,
shall determine their accuracy and whether they are based upon services
and facilities provided under approved programs. Upon approval the State
Board shall cause vouchers to be prepared showing the amount due
for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on
the 30th day of September, December, and March, respectively, and the final
voucher, no later than June 20. If the
money appropriated by the General Assembly for such purpose for any year
is insufficient, it shall be apportioned on the basis of the claims approved.
(j) No child shall be placed in a special education program pursuant to
this Section if the tuition cost for special education and related
services increases more than 10 percent over the tuition cost for the
previous school year or exceeds $4,500 per year unless such costs have
been approved by the Illinois Purchased Care Review Board. The
Illinois Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and Family
Services, Public Health,
Public Aid, and the
Governor's Office of Management and Budget; the
Secretary of Human Services; the State Superintendent of Education; and such
other persons as the
Governor may designate. The Review Board shall also consist of one non-voting member who is an administrator of a
private, nonpublic, special education school. The Review Board shall establish rules and
regulations for its determination of allowable costs and payments made by
local school districts for special education, room and board, and other related
services provided by non-public schools or special education facilities and
shall establish uniform standards and criteria which it shall follow. The Review Board shall approve the usual and customary rate or rates of a special education program that (i) is offered by an out-of-state, non-public provider of integrated autism specific educational and autism specific residential services, (ii) offers 2 or more levels of residential care, including at least one locked facility, and (iii) serves 12 or fewer Illinois students.
(k) In determining rates based on allowable costs, the Review Board shall consider any wage increases awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in service settings in community-based settings within the State and adjust customary rates or rates of a special education program to be equitable to the wage increase awarded to similar staff positions in a community residential setting. Any wage increase awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in community-based settings within the State, including the $0.75 per hour increase contained in Public Act 100-23 and the $0.50 per hour increase included in Public Act 100-23, shall also be a basis for any facility covered by this Section to appeal its rate before the Review Board under the process defined in Title 89, Part 900, Section 340 of the Illinois Administrative Code. Illinois Administrative Code Title 89, Part 900, Section 342 shall be updated to recognize wage increases awarded to community-based settings to be a basis for appeal. However, any wage increase that is captured upon appeal from a previous year shall not be counted by the Review Board as revenue for the purpose of calculating a facility's future rate.
(l) Any definition used by the Review Board in administrative rule or policy to define "related organizations" shall include any and all exceptions contained in federal law or regulation as it pertains to the federal definition of "related organizations".
(m) The Review Board shall establish uniform definitions and criteria for
accounting separately by special education, room and board and other
related services costs. The Board shall also establish guidelines for
the coordination of services and financial assistance provided by all
State agencies to assure that no otherwise qualified child with a disability
receiving services under Article 14 shall be excluded from participation
in, be denied the benefits of or be subjected to discrimination under
any program or activity provided by any State agency.
(n) The Review Board shall review the costs for special education and
related services provided by non-public schools or special education
facilities and shall approve or disapprove such facilities in accordance
with the rules and regulations established by it with respect to
allowable costs.
(o) The State Board of Education shall provide administrative and staff support
for the Review Board as deemed reasonable by the State Superintendent of
Education. This support shall not include travel expenses or other
compensation for any Review Board member other than the State Superintendent of
Education.
(p) The Review Board shall seek the advice of the Advisory Council on
Education of Children with Disabilities on the rules and
regulations to be
promulgated by it relative to providing special education services.
(q) If a child has been placed in a program in which the actual per pupil costs
of tuition for special education and related services based on program
enrollment, excluding room, board and transportation costs, exceed $4,500 and
such costs have been approved by the Review Board, the district shall pay such
total costs which exceed $4,500. A district making such tuition payments in
excess of $4,500 pursuant to this Section shall be responsible for an amount in
excess of $4,500 equal to the district per capita
tuition charge and shall be eligible for reimbursement from the State for
the amount of such payments actually made in excess of the districts per capita
tuition charge for students not receiving special education services.
(r) If a child has been placed in an approved individual program and the
tuition costs including room and board costs have been approved by the
Review Board, then such room and board costs shall be paid by the
appropriate State agency subject to the provisions of Section 14-8.01 of
this Act. Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall the
State's liability for funding of these tuition costs begin until after
the legal obligations of third party payors have been subtracted from
such costs. If the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned on the
basis of the claims approved. Each district shall submit estimated claims to the State
Superintendent of Education. Upon approval of such claims, the State
Superintendent of Education shall direct the State Comptroller to make payments
on a monthly basis. The frequency for submitting estimated
claims and the method of determining payment shall be prescribed in rules
and regulations adopted by the State Board of Education. Such current state
reimbursement shall be reduced by an amount equal to the proceeds which
the child or child's parents are eligible to receive under any public or
private insurance or assistance program. Nothing in this Section shall
be construed as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services provided to
a child with a disability.
(s) If it otherwise qualifies, a school district is eligible for the
transportation reimbursement under Section 14-13.01 and for the
reimbursement of tuition payments under this Section whether the
non-public school or special education facility, public out-of-state
school or county special education facility, attended by a child who
resides in that district and requires special educational services, is
within or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this Section unless
the district certifies to the State Superintendent of Education that the
district is unable to provide special educational services required by
the child for the current school year.
(t) Nothing in this Section authorizes the reimbursement of a school
district for the amount paid for tuition of a child attending a
non-public school or special education facility, public out-of-state
school or county special education facility unless the school district
certifies to the State Superintendent of Education that the special
education program of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of Education finds
that the school district is in substantial compliance with Section 14-4.01. However, if a child is unilaterally placed by a State agency or any court in a non-public school or special education facility, public out-of-state school, or county special education facility, a school district shall not be required to certify to the State Superintendent of Education, for the purpose of tuition reimbursement, that the special education program of that district is unable to meet the needs of a child because of his or her disability.
(u) Any educational or related services provided, pursuant to this
Section in a non-public school or special education facility or a
special education facility owned and operated by a county government
unit shall be at no cost to the parent or guardian of the child.
However, current law and practices relative to contributions by parents
or guardians for costs other than educational or related services are
not affected by this amendatory Act of 1978.
(v) Reimbursement for children attending public school residential facilities
shall be made in accordance with the provisions of this Section.
(w) Notwithstanding any other provision of law, any school district
receiving a payment under this Section or under Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify all or a portion of the funds that
it receives in a particular fiscal year or from general State aid pursuant
to Section 18-8.05 of this Code
as funds received in connection with any funding program for which
it is entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22; 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-546)
Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or private
special education facilities.
(a) The General Assembly recognizes that non-public
schools or special education facilities provide an important service in the
educational system in Illinois.
(b) If a student's individualized education program (IEP) team determines that because of his or her disability the special education
program of a district is unable to meet the needs of the child and the
child attends a non-public school or special education facility, a
public out-of-state school or a special education facility owned and
operated by a county government unit that provides special educational
services required by the child and is in compliance with the appropriate
rules and regulations of the State Superintendent of Education, the
school district in which the child is a resident shall pay the actual
cost of tuition for special education and related services provided
during the regular school term and during the summer school term if the
child's educational needs so require, excluding room, board and
transportation costs charged the child by that non-public school or
special education facility, public out-of-state school or county special
education facility, or $4,500 per year, whichever is less, and shall
provide him any necessary transportation. "Nonpublic special
education facility" shall include a residential facility,
within or without the State of Illinois, which provides
special education and related services to meet the needs of the child by
utilizing private schools or public schools, whether located on the site
or off the site of the residential facility. Resident district financial responsibility and reimbursement applies for both nonpublic special education facilities that are approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules and for emergency placements in nonpublic special education facilities that are not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, subject to the requirements of this Section.
(c) Prior to the placement of a child in an out-of-state special education residential facility, the school district must refer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, that provides treatment and services comparable to those provided by the out-of-state special education residential facility. The school district must review annually the placement of a child in an out-of-state special education residential facility. As a part of the review, the school district must refer to the child or the child's parent or guardian the option to place the child in a comparable special education residential facility located within this State, if any.
(c-5) Before a provider that operates a nonpublic special education facility terminates a student's placement in that facility, the provider must request an IEP meeting from the contracting school district. If the provider elects to terminate the student's placement following the IEP meeting, the provider must give written notice to this effect to the parent or guardian, the contracting public school district, and the State Board of Education no later than 20 business days before the date of termination, unless the health and safety of any student are endangered. The notice must include the detailed reasons for the termination and any actions taken to address the reason for the termination.
(d) Payments shall be made by the resident school district to the entity providing the educational services, whether the entity is the nonpublic special education facility or the school district wherein the facility is located, no less than once per quarter, unless otherwise agreed to in writing by the parties.
(e) A school district may place a student in a nonpublic special education facility providing educational services, but not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, provided that the State Board of Education provides an emergency and student-specific approval for placement. The State Board of Education shall promptly, within 10 days after the request, approve a request for emergency and student-specific approval for placement if the following have been demonstrated to the State Board of Education:
(1) the facility demonstrates appropriate licensure of teachers for the student
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A resident school district may also submit such proof to the State Board of Education as may be required for its student. The State Board of Education may not unreasonably withhold approval once satisfactory proof is provided to the State Board.
(f) If an impartial due process hearing officer who is contracted by the State Board of Education pursuant to this Article orders placement of a student with a disability in a residential facility that is not approved by the State Board of Education, then, for purposes of this Section, the facility shall be deemed approved for placement and school district payments and State reimbursements shall be made accordingly.
(g) Emergency placement in a facility approved pursuant to subsection (e) or (f) may continue to be utilized so long as (i) the student's IEP team determines annually that such placement continues to be appropriate to meet the student's needs and (ii) at least every 3 years following the student's placement, the IEP team reviews appropriate placements approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules to determine whether there are any approved placements that can meet the student's needs, have accepted the student, and have availability for placement of the student.
(h) The State Board of Education shall promulgate rules and regulations
for determining when placement in a private special education facility
is appropriate. Such rules and regulations shall take into account
the various types of services needed by a child and the availability
of such services to the particular child in the public school.
In developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on
Education of Children with Disabilities and hold public
hearings to secure recommendations from parents, school personnel,
and others concerned about this matter.
The State Board of Education shall also promulgate rules and
regulations for transportation to and from a residential school.
Transportation to and from home to a residential school more than once
each school term shall be subject to prior approval by the State
Superintendent in accordance with the rules and regulations of the State
Board.
(i) A school district making tuition payments pursuant to this
Section is eligible for reimbursement from the State for the amount of
such payments actually made in excess of the district per capita tuition
charge for students not receiving special education services.
Such reimbursement shall be approved in accordance with Section 14-12.01
and each district shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms prescribed by the
State Superintendent of Education. Data used as a basis of reimbursement
claims shall be for the preceding regular school term and summer school
term. Each school district shall transmit its claims to the State Board of Education
on or before
August 15. The State Board of Education, before approving any such claims,
shall determine their accuracy and whether they are based upon services
and facilities provided under approved programs. Upon approval the State
Board shall cause vouchers to be prepared showing the amount due
for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on
the 30th day of September, December, and March, respectively, and the final
voucher, no later than June 20. If the
money appropriated by the General Assembly for such purpose for any year
is insufficient, it shall be apportioned on the basis of the claims approved.
(j) No child shall be placed in a special education program pursuant to
this Section if the tuition cost for special education and related
services increases more than 10 percent over the tuition cost for the
previous school year or exceeds $4,500 per year unless such costs have
been approved by the Illinois Purchased Care Review Board. The
Illinois Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and Family
Services, Public Health,
Public Aid, and the
Governor's Office of Management and Budget; the
Secretary of Human Services; the State Superintendent of Education; and such
other persons as the
Governor may designate. The Review Board shall also consist of one non-voting member who is an administrator of a
private, nonpublic, special education school. The Review Board shall establish rules and
regulations for its determination of allowable costs and payments made by
local school districts for special education, room and board, and other related
services provided by non-public schools or special education facilities and
shall establish uniform standards and criteria which it shall follow. The Review Board shall approve the usual and customary rate or rates of a special education program that (i) is offered by an out-of-state, non-public provider of integrated autism specific educational and autism specific residential services, (ii) offers 2 or more levels of residential care, including at least one locked facility, and (iii) serves 12 or fewer Illinois students.
(k) In determining rates based on allowable costs, the Review Board shall consider any wage increases awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in service settings in community-based settings within the State and adjust customary rates or rates of a special education program to be equitable to the wage increase awarded to similar staff positions in a community residential setting. Any wage increase awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in community-based settings within the State, including the $0.75 per hour increase contained in Public Act 100-23 and the $0.50 per hour increase included in Public Act 100-23, shall also be a basis for any facility covered by this Section to appeal its rate before the Review Board under the process defined in Title 89, Part 900, Section 340 of the Illinois Administrative Code. Illinois Administrative Code Title 89, Part 900, Section 342 shall be updated to recognize wage increases awarded to community-based settings to be a basis for appeal. However, any wage increase that is captured upon appeal from a previous year shall not be counted by the Review Board as revenue for the purpose of calculating a facility's future rate.
(l) Any definition used by the Review Board in administrative rule or policy to define "related organizations" shall include any and all exceptions contained in federal law or regulation as it pertains to the federal definition of "related organizations".
(m) The Review Board shall establish uniform definitions and criteria for
accounting separately by special education, room and board and other
related services costs. The Board shall also establish guidelines for
the coordination of services and financial assistance provided by all
State agencies to assure that no otherwise qualified child with a disability
receiving services under Article 14 shall be excluded from participation
in, be denied the benefits of or be subjected to discrimination under
any program or activity provided by any State agency.
(n) The Review Board shall review the costs for special education and
related services provided by non-public schools or special education
facilities and shall approve or disapprove such facilities in accordance
with the rules and regulations established by it with respect to
allowable costs.
(o) The State Board of Education shall provide administrative and staff support
for the Review Board as deemed reasonable by the State Superintendent of
Education. This support shall not include travel expenses or other
compensation for any Review Board member other than the State Superintendent of
Education.
(p) The Review Board shall seek the advice of the Advisory Council on
Education of Children with Disabilities on the rules and
regulations to be
promulgated by it relative to providing special education services.
(q) If a child has been placed in a program in which the actual per pupil costs
of tuition for special education and related services based on program
enrollment, excluding room, board and transportation costs, exceed $4,500 and
such costs have been approved by the Review Board, the district shall pay such
total costs which exceed $4,500. A district making such tuition payments in
excess of $4,500 pursuant to this Section shall be responsible for an amount in
excess of $4,500 equal to the district per capita
tuition charge and shall be eligible for reimbursement from the State for
the amount of such payments actually made in excess of the districts per capita
tuition charge for students not receiving special education services.
(r) If a child has been placed in an approved individual program and the
tuition costs including room and board costs have been approved by the
Review Board, then such room and board costs shall be paid by the
appropriate State agency subject to the provisions of Section 14-8.01 of
this Act. Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall the
State's liability for funding of these tuition costs begin until after
the legal obligations of third party payors have been subtracted from
such costs. If the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned on the
basis of the claims approved. Each district shall submit estimated claims to the State
Superintendent of Education. Upon approval of such claims, the State
Superintendent of Education shall direct the State Comptroller to make payments
on a monthly basis. The frequency for submitting estimated
claims and the method of determining payment shall be prescribed in rules
and regulations adopted by the State Board of Education. Such current state
reimbursement shall be reduced by an amount equal to the proceeds which
the child or child's parents are eligible to receive under any public or
private insurance or assistance program. Nothing in this Section shall
be construed as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services provided to
a child with a disability.
(s) If it otherwise qualifies, a school district is eligible for the
transportation reimbursement under Section 14-13.01 and for the
reimbursement of tuition payments under this Section whether the
non-public school or special education facility, public out-of-state
school or county special education facility, attended by a child who
resides in that district and requires special educational services, is
within or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this Section unless
the district certifies to the State Superintendent of Education that the
district is unable to provide special educational services required by
the child for the current school year.
(t) Nothing in this Section authorizes the reimbursement of a school
district for the amount paid for tuition of a child attending a
non-public school or special education facility, public out-of-state
school or county special education facility unless the school district
certifies to the State Superintendent of Education that the special
education program of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of Education finds
that the school district is in substantial compliance with Section 14-4.01. However, if a child is unilaterally placed by a State agency or any court in a non-public school or special education facility, public out-of-state school, or county special education facility, a school district shall not be required to certify to the State Superintendent of Education, for the purpose of tuition reimbursement, that the special education program of that district is unable to meet the needs of a child because of his or her disability.
(u) Any educational or related services provided, pursuant to this
Section in a non-public school or special education facility or a
special education facility owned and operated by a county government
unit shall be at no cost to the parent or guardian of the child.
However, current law and practices relative to contributions by parents
or guardians for costs other than educational or related services are
not affected by this amendatory Act of 1978.
(v) Reimbursement for children attending public school residential facilities
shall be made in accordance with the provisions of this Section.
(w) Notwithstanding any other provision of law, any school district
receiving a payment under this Section or under Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify all or a portion of the funds that
it receives in a particular fiscal year or from general State aid pursuant
to Section 18-8.05 of this Code
as funds received in connection with any funding program for which
it is entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22; 103-546, eff. 8-11-23.)
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