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Sen. Kimberly A. Lightford
Filed: 5/27/2008
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| AMENDMENT TO HOUSE BILL 1141
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| AMENDMENT NO. ______. Amend House Bill 1141, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The School Code is amended by changing Section |
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| 21-29 as follows: |
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| (105 ILCS 5/21-29)
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| Sec. 21-29. Salary Incentive Program for Hard-to-Staff |
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| Schools. |
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| (a) The Salary Incentive Program for Hard-to-Staff Schools |
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| is established to provide categorical funding for monetary |
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| incentives and bonuses for teachers and school administrators |
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| who are employed by school districts in schools designated as |
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| hard-to-staff by the State Board of Education. |
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| For the purposes of this Section, "hard-to-staff school" |
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| means an elementary, middle, or high school that is operated by |
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| a school district and that ranks in the top 5% of schools in |
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| this State in the average rate of teacher attrition over a |
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| 5-year period. The State Board of Education shall allocate and |
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| distribute to qualifying schools school districts an amount as |
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| annually appropriated by the General Assembly for the Salary |
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| Incentive Program for Hard-to-Staff Schools. The State Board of |
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| Education's annual budget must set out by separate line item |
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| the appropriation for the program. Only teachers and principals |
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| who work full time and for a full school year are eligible for |
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| the incentives and bonuses. |
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| (b) Unless otherwise provided by appropriation, each |
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| school's school district's annual allocation under the Salary |
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| Incentive Program for Hard-to-Staff Schools shall be the sum of |
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| the following incentives and bonuses: |
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| (1) An annual payment of $3,000 to be paid to each |
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| certificated teacher employed as a school teacher by the a |
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| school district. The school district shall distribute this |
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| payment to each eligible teacher as a single payment or in |
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| not more than 3 payments. |
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| (2) An annual payment of $5,000 to each certificated |
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| principal that is employed as a school principal by the a |
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| school district. The school district shall distribute this |
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| payment to each eligible principal as a single payment or |
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| in not more than 3 payments. |
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| If the appropriation in a given fiscal year is insufficient |
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| to meet all needs under this Section, then claims under this |
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| Section must be prorated proportionally. |
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| (c) Each regional superintendent of schools shall provide |
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| information about the Salary Incentive Program for |
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| Hard-to-Staff Schools to each individual seeking to register or |
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| renew a certificate.
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| (d) The State Board of Education, the Teachers' Retirement |
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| System of the State of Illinois, and the Public School |
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| Teachers' Pension and Retirement Fund of Chicago shall work |
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| together to validate data for the purposes of this Section as |
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| necessary. |
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| (Source: P.A. 95-707, eff. 1-11-08.) |
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| Section 10. If and only if Senate Bill 2042 of the 95th |
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| General Assembly becomes law, the School Code is amended by |
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| changing Sections 10-20.12a and 14-7.05 as follows:
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| (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
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| Sec. 10-20.12a. Tuition for non-resident pupils. |
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| (a) To charge non-resident pupils who attend the schools of |
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| the district
tuition in an amount not exceeding 110% of the per |
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| capita
cost of maintaining the schools of the district for the |
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| preceding school year.
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| Such per capita cost shall be computed by dividing the |
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| total cost of
conducting and maintaining the schools of the |
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| district by the average daily
attendance, including tuition |
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| pupils. Depreciation on the buildings and
equipment of the |
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| schools of the district, and the amount of annual
depreciation |
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| on such buildings and equipment shall be dependent upon the
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| useful life of such property.
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| The tuition charged shall in no case exceed 110% of the per |
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| capita
cost of conducting and maintaining the schools of the |
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| district attended, as
determined
with reference to the most |
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| recent audit prepared under Section 3-7 which is
available at |
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| the commencement of the current school year.
Non-resident |
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| pupils attending the schools of the district
for less than the
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| school term shall have their tuition apportioned, however |
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| pupils who become
non-resident during a school term shall not |
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| be charged tuition for the
remainder of the school term in |
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| which they became non-resident pupils.
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| (b) Unless otherwise agreed to by the parties involved and |
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| where the
educational services are not otherwise provided for, |
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| educational services
for an Illinois student under the age of |
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| 21 (and not eligible for services pursuant to Article 14 of |
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| this Code) in any residential program
shall be provided by
the |
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| district in which the facility is located and financed as |
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| follows. The
cost of educational services shall be paid by the |
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| district in which the
student resides in an amount equal to the |
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| cost of providing educational
services in the residential |
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| facility. Payments shall be made by the district
of the |
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| student's residence and shall be made to the district wherein |
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| the
facility is located no less than once per month unless |
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| otherwise agreed to
by the parties. |
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| The funding provision of this subsection (b) applies to all |
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| Illinois students under the age of 21 (and not eligible for |
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| services pursuant to Article 14 of this Code) receiving |
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| educational services in residential facilities, irrespective |
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| of whether the student was placed therein pursuant to this Code |
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| or the Juvenile Court Act of 1987 or by an Illinois public |
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| agency or a court. Nothing in this Section shall be construed |
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| to relieve the district of the student's residence of financial |
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| responsibility based on the manner in which the student was |
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| placed at the facility. The changes to this subsection (b) made |
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| by this amendatory Act of the 95th General Assembly apply to |
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| all placements in effect on July 1, 2007 and all placements |
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| thereafter. For purposes of this subsection (b), a student's |
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| district of residence shall be determined in accordance with |
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| subsection (a) of Section 10-20.12b of this Code. The placement |
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| of a student in a residential facility shall not affect the |
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| residency of the student. When a dispute arises over the |
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| determination of the district of residence under this |
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| subsection (b), any person or entity, including without |
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| limitation a school district or residential facility, may make |
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| a written request for a residency decision to the State |
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| Superintendent of Education, who, upon review of materials |
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| submitted and any other items or information he or she may |
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| request for submission, shall issue his or her decision in |
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| writing. The decision of the State Superintendent of Education |
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| is final.
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| (Source: P.A. 89-397, eff. 8-20-95; 90-649, eff. 7-24-98; |
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| 95SB2042enr.)
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| (105 ILCS 5/14-7.05)
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| Sec. 14-7.05. Placement in residential facility; payment |
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| of educational costs. For any student with a disability in a |
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| residential facility placement made or paid for by an Illinois |
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| public State agency or made by any court in this State, the |
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| school district of residence as determined pursuant to this |
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| Article is responsible for the costs of educating the child and |
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| shall be reimbursed for those costs in accordance with this |
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| Code. Subject to the this Section and relevant State |
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| appropriation, the resident district's financial |
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| responsibility and reimbursement must be calculated in |
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| accordance with the provisions of Section 14-7.02 of this Code. |
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| In those instances in which a district receives a block grant |
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| pursuant to Article 1D of this Code, the district's financial |
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| responsibility is limited to the actual educational costs of |
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| the placement, which must be paid by the district from its |
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| block grant appropriation. Resident district financial |
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| responsibility and reimbursement applies for both residential |
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| facilities that are approved by the State Board of Education |
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| and non-approved facilities, subject to the requirements of |
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| this Section. The Illinois placing agency or court remains |
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| responsible for funding the residential portion of the |
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| placement and for notifying the resident district prior to the |
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| placement, except in emergency situations. The residential |
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| facility in which the student is placed shall notify the |
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| resident district of the student's enrollment as soon as |
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| practicable after the placement. Failure of the placing agency |
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| or court to notify the resident district prior to the placement |
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| does not absolve the resident district of financial |
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| responsibility for the educational costs of the placement; |
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| however, the resident district shall not become financially |
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| responsible unless and until it receives written notice of the |
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| placement by either the placing agency, court, or residential |
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| facility. The placing agency or parent shall request an |
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| individualized education program (IEP) meeting from the |
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| resident district if the placement would entail additional |
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| educational services beyond the student's current IEP. The |
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| district of residence shall retain control of the IEP process, |
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| and any changes to the IEP must be done in compliance with the |
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| federal Individuals with Disabilities Education Act. |
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| Payments shall be made by the resident district to the |
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| entity providing the educational services, whether the entity |
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| is the residential facility or the school district wherein the |
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| facility is located, no less than once per quarter unless |
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| otherwise agreed to in writing by the parties. |
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| A residential facility providing educational services |
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| within the facility, but not approved by the State Board of |
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| Education, is required to demonstrate proof to the State Board |
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| of (i) appropriate certification of teachers for the student |
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| population, (ii) age-appropriate curriculum, (iii) enrollment |
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| and attendance data, and (iv) the ability to implement the |
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| child's IEP. A school district is under no obligation to pay |
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| such a residential facility unless and until such proof is |
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| provided to the State Board's satisfaction. |
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| When a dispute arises over the determination of the |
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| district of residence under this Section, any person or entity, |
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| including without limitation a school district or residential |
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| facility, may make a written request for a residency decision |
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| to the State Superintendent of Education, who, upon review of |
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| materials submitted and any other items of information he or |
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| she may request for submission, shall issue his or her decision |
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| in writing. The decision of the State Superintendent of |
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| Education is final.
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| (Source: 95SB2042enr.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law, except that Section 10 takes effect upon becoming |
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| law or on the effective date of Senate Bill 2042 of the 95th |
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| General Assembly, whichever is later.".
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