Public Act 097-0123
 
HB1706 EnrolledLRB097 07931 NHT 48048 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 
14-13.01 as follows:
 



    (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. 
    (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 
$9,000 per teacher, whichever is less. A child qualifies for 
home or hospital instruction if it is anticipated that, due to 
a medical condition, the child will 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.  For purposes of this 
Section, "ongoing intermittent basis" means that the child's 
medical condition is of such a nature or severity that it is 
anticipated that the child will be absent from school due to 
the medical condition for periods of at least 2 days at a time 
multiple times during the school year totaling at least 10 days 
or more of absences.  There shall be no requirement that a child 
be absent from school a minimum number of days before the child 
qualifies for home or hospital instruction. 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. Home or hospital instruction may commence upon receipt 
of  a written physician's statement in accordance with this 
Section, but instruction shall commence not later than 5 school 
days after the school district receives the physician's 
statement.  Special education and related services required by 
the  child's IEP or services and accommodations required by the 
child's federal Section 504 plan must be implemented as part of 
the child's home or hospital instruction, unless the IEP team 
or federal Section 504 plan team determines that modifications 
are necessary  during the home or hospital instruction due to 
the child's condition.  Eligible 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% of the 
cost of
transportation approved as a related service in the 
Individualized Education Program for each student
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 worker, the annual sum of
 $9,000.

    (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 
$9,000.  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).

    (f) (Blank).

    (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 non-certified employees, as defined by rules 
promulgated by the State Board of Education, who deliver 
services to students with IEPs, 1/2 of the salary paid or
 
$3,500 per employee, 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; 
96-257, eff. 8-11-09.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.