Public Act 096-0257
 
HB1190 Enrolled LRB096 03443 NHT 13467 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 Sections
14-1.10 and 14-13.01 as follows:
 
    (105 ILCS 5/14-1.10)  (from Ch. 122, par. 14-1.10)
    Sec. 14-1.10. Qualified Professional worker. "Qualified
Professional worker" means a trained specialist and includes a
behavior analyst, certificated school nurse, professional
consultant, registered therapist, school nurse intern, school
counselor, school counselor intern, school psychologist,
school psychologist intern, school social worker, school
social worker intern, special administrator or supervisor
giving full time to special education, speech language
pathologist, speech language pathologist intern, and teacher
of students with IEPs who meets the requirements of this
Article, who has the required special training in the
understandings, techniques, and special instructional
strategies for children with disabilities and who delivers
services to students with IEPs, and any other trained
specialist set forth by the State Board of Education in rules. ,
and is limited to speech correctionist, school social worker,
school counselor, school psychologist, psychologist intern,
school nurse intern, school social worker intern, school
counselor intern, certificated school nurse, special
administrator intern, registered therapist, professional
consultant, special administrator or supervisor giving full
time to special education, behavior analyst, and teacher of any
class or program defined in this Article who meets the
requirements of this Article, who has the required special
training in the understandings, techniques, and special
methods of instruction for children who because of their
disabling conditions are placed in any program provided for in
this Article, and who works in such program.
(Source: P.A. 94-948, eff. 1-1-07; 95-363, eff. 8-23-07.)
 
    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
    Sec. 14-13.01. Reimbursement payable by State; amounts for
personnel and transportation Amounts. Reimbursement for
furnishing special educational facilities in a recognized
school to the type of children defined in Section 14-1.02 shall
be paid to the school districts in accordance with Section
14-12.01 for each school year ending June 30 by the State
Comptroller out of any money in the treasury appropriated for
such purposes on the presentation of vouchers by the State
Board of Education.
    The reimbursement shall be limited to funds expended for
construction and maintenance of special education facilities
designed and utilized to house instructional programs,
diagnostic services, other special education services for
children with disabilities and reimbursement as provided in
Section 14-13.01. There shall be no reimbursement for
construction and maintenance of any administrative facility
separated from special education facilities designed and
utilized to house instructional programs, diagnostic services
and other special education services for children with
disabilities.
    (a) For staff working on behalf of children who have not
been identified as eligible for special education and for
eligible children with physical disabilities, including all
eligible children whose placement has been determined under
Section 14-8.02 in hospital or home instruction, 1/2 of the
teacher's salary but not more than $1,000 annually per child or
$8,000 per teacher for the 1985-1986 school year through the
2005-2006 school year and $1,000 per child or $9,000 per
teacher for the 2006-2007 school year and for each school year
thereafter, whichever is less. To qualify for home or hospital
instruction, a child must, due to a medical condition, be
unable to attend school, and instead must be instructed at home
or in the hospital, for a period of 2 or more consecutive weeks
or on an ongoing intermittent basis. In order to establish
eligibility for home or hospital services, a student's parent
or guardian must submit to the child's school district of
residence a written statement from a physician licensed to
practice medicine in all of its branches stating the existence
of such medical condition, the impact on the child's ability to
participate in education, and the anticipated duration or
nature of the child's absence from school. Eligible children
Children to be included in any reimbursement under this
paragraph must regularly receive a minimum of one hour of
instruction each school day, or in lieu thereof of a minimum of
5 hours of instruction in each school week in order to qualify
for full reimbursement under this Section. If the attending
physician for such a child has certified that the child should
not receive as many as 5 hours of instruction in a school week,
however, reimbursement under this paragraph on account of that
child shall be computed proportionate to the actual hours of
instruction per week for that child divided by 5. The State
Board of Education shall establish rules governing the required
qualifications of staff providing home or hospital
instruction.
    (b) For children described in Section 14-1.02, 80% 4/5 of
the cost of transportation approved as a related service in the
Individualized Education Program for each student for each such
child, whom the State Superintendent of Education determined in
advance requires special transportation service in order to
take advantage of special educational facilities.
Transportation costs shall be determined in the same fashion as
provided in Section 29-5. For purposes of this subsection (b),
the dates for processing claims specified in Section 29-5 shall
apply.
    (c) For each qualified professional worker excluding those
included in subparagraphs (a), (d), (e), and (f) of this
Section, the annual sum of $8,000 for the 1985-1986 school year
through the 2005-2006 school year and $9,000 for the 2006-2007
school year and for each school year thereafter.
    (d) For one full time qualified director of the special
education program of each school district which maintains a
fully approved program of special education the annual sum of
$8,000 for the 1985-1986 school year through the 2005-2006
school year and $9,000 for the 2006-2007 school year and for
each school year thereafter. Districts participating in a joint
agreement special education program shall not receive such
reimbursement if reimbursement is made for a director of the
joint agreement program.
    (e) (Blank). For each school psychologist as defined in
Section 14-1.09 the annual sum of $8,000 for the 1985-1986
school year through the 2005-2006 school year and $9,000 for
the 2006-2007 school year and for each school year thereafter.
    (f) (Blank). For each qualified teacher working in a fully
approved program for children of preschool age who are deaf or
hard-of-hearing the annual sum of $8,000 for the 1985-1986
school year through the 2005-2006 school year and $9,000 for
the 2006-2007 school year and for each school year thereafter.
    (g) For readers, working with blind or partially seeing
children 1/2 of their salary but not more than $400 annually
per child. Readers may be employed to assist such children and
shall not be required to be certified but prior to employment
shall meet standards set up by the State Board of Education.
    (h) For necessary non-certified employees, as defined by
rules promulgated by the State Board of Education, who deliver
services to students with IEPs working in any class or program
for children defined in this Article, 1/2 of the salary paid or
$2,800 annually per employee through the 2005-2006 school year
and $3,500 per employee for the 2006-2007 school year and for
each school year thereafter, whichever is less.
    The State Board of Education shall set standards and
prescribe rules for determining the allocation of
reimbursement under this section on less than a full time basis
and for less than a school year.
    When any school district eligible for reimbursement under
this Section operates a school or program approved by the State
Superintendent of Education for a number of days in excess of
the adopted school calendar but not to exceed 235 school days,
such reimbursement shall be increased by 1/180 of the amount or
rate paid hereunder for each day such school is operated in
excess of 180 days per calendar year.
    Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02, 14-7.02b, 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. 95-415, eff. 8-24-07; 95-707, eff. 1-11-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.