Public Act 095-0313
 
SB0398 Enrolled LRB095 08157 NHT 28322 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
14-7.03 as follows:
 
    (105 ILCS 5/14-7.03)  (from Ch. 122, par. 14-7.03)
    Sec. 14-7.03. Special Education Classes for Children from
Orphanages, Foster Family Homes, Children's Homes, or in State
Housing Units. If a 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.
    On forms prepared by the State Superintendent of Education,
the district shall certify to the regional superintendent the
following:
        (1) The name of the home or State residential unit with
    the name of the owner or proprietor and address of those
    maintaining it;
        (2) That no service charges or other payments
    authorized by law were collected in lieu of taxes therefrom
    or on account thereof during either of the calendar years
    included in the school year for which claim is being made;
        (3) The number of children qualifying under this Act in
    special education classes for instruction on the site of
    the orphanages and children's homes;
        (4) The number of children attending special education
    classes for children with disabilities in which the
    district is a participating member of a special education
    joint agreement;
        (5) The number of children attending special education
    classes for children with disabilities maintained by the
    district;
        (6) The computed amount of tuition payment claimed as
    due, as approved by the State Superintendent of Education,
    for maintaining these classes.
    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.
    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 Section.
    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 applicable rules.
    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 Board of 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 received
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 August 30.
    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 fiscal year.
    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 of Education.
    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.
    Commencing July 1, 1992, for each disabled student who is
placed residentially by a State agency or the courts for care
or custody or both care and custody, welfare, medical or mental
health treatment or both medical and mental health treatment,
rehabilitation, and protection, whether placed there on,
before, or after July 1, 1992, the costs for educating the
student are eligible for reimbursement under this Section
providing the placing agency or court has notified the
appropriate school district authorities of the status of
student residency where applicable prior to or upon placement.
Subject to appropriation, school districts shall be reimbursed
under this Section for the eligible costs of educating all
disabled students residentially placed by a State agency or the
courts or placed and paid for by a State agency for any of the
reasons listed in this paragraph. Reimbursements under this
paragraph shall first be provided for claims made for the
2007-2008 school year payable in fiscal year 2008.
    The district of residence of the parent, guardian, or
disabled student as defined in Sections 14-1.11 and 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.
Payments shall be made by the resident district to the district
wherein the facility is located no less than once per quarter
unless otherwise agreed to in writing by the parties.
    When a dispute arises over the determination of the
district of residence, the district or districts may appeal the
decision in writing to the State Superintendent of Education.
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. 92-597, eff. 7-1-02; 92-877, eff. 1-7-03; 93-609,
eff. 11-20-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.