Public Act 098-1008
 
SB3554 EnrolledLRB098 18059 NHT 55671 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 
14-7.02 as follows:
 



    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)


    Sec. 14-7.02. Children attending private schools, public

out-of-state schools, public school residential facilities or 
private
special education facilities.  The General Assembly 
recognizes that non-public
schools or special education 
facilities provide an important service in the
educational 
system in Illinois.

    If because of his or her disability the special education

program of a district is unable to meet the needs of a 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.

    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.

    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.

    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 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 disabled child
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.

    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.

    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.

    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.

    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.

    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 disabled child.

    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.

    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.

    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.

    Reimbursement for children attending public school 
residential facilities
shall be made in accordance with the 
provisions of this Section.

    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. 93-1022, eff. 8-24-04; 94-177, eff. 7-12-05.)