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| Public Act 095-0313 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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)
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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
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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.
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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.
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On forms prepared by the State Superintendent of Education, | ||
the
district shall certify to the regional superintendent the | ||
following:
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(1) The name of the home or State residential unit with | ||
the name of
the owner or proprietor and address of those | ||
maintaining it;
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(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;
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(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;
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(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;
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(5) The number of children attending special education | ||
classes for children with disabilities maintained by the | ||
district;
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(6) The computed amount of tuition payment claimed as | ||
due, as
approved by the State Superintendent of Education, | ||
for maintaining these
classes.
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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.
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Nothing in this Act shall be construed so as to prohibit
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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
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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.
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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.
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The State Board of Education shall establish such rules and
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regulations as may be necessary to implement the provisions of | ||
this
Section.
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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.
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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
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after July 15 shall not be honored.
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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
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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.
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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,
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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.
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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.
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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.
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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
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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
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superintendent exercising the powers granted under this | ||
Section shall claim
the reimbursement authorized by this | ||
Section directly from the State Board
of Education.
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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.
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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.
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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.
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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.
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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.
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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.
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In the event a district does not make a tuition
payment to | ||
another district that is providing the special education
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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
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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.
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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.
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(Source: P.A. 92-597, eff. 7-1-02; 92-877, eff. 1-7-03; 93-609, | ||
eff. 11-20-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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