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HB4148 Engrossed |
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LRB095 13944 RAS 39734 b |
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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 |
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| 14-7.02b as follows: |
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| (105 ILCS 5/14-7.02b)
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| Sec. 14-7.02b. Funding for children requiring special |
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| education services.
Payments to school districts for children |
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| requiring
special education services documented in their |
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| individualized education
program regardless of the program |
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| from which these services are received,
excluding children |
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| claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
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| be made in accordance with this Section. Funds received under |
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| this Section
may be used only for the provision of special |
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| educational facilities and
services as defined in Section |
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| 14-1.08 of this Code.
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| The appropriation for fiscal year 2005 and thereafter shall |
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| be based upon
the IDEA child count of all students in the |
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| State, excluding students
claimed under Sections 14-7.02 and |
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| 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
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| preceding, multiplied by 17.5% of the general State aid
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| foundation level of support established for that fiscal year |
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| under Section
18-8.05 of
this Code.
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HB4148 Engrossed |
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LRB095 13944 RAS 39734 b |
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| Beginning with fiscal year 2005 and through fiscal year |
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| 2007, individual school districts
shall not receive payments |
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| under this Section totaling less than they received
under the
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| funding authorized under Section 14-7.02a of this Code
during |
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| fiscal year 2004, pursuant to the provisions of Section |
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| 14-7.02a as they
were in effect before the effective date of |
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| this amendatory Act of the 93rd
General Assembly. This base |
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| level funding shall be computed first.
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| Beginning with fiscal year 2008 and each fiscal year |
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| thereafter, individual school districts must not receive |
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| payments under this Section totaling less than they received in |
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| fiscal year 2007. This funding shall be computed last and shall |
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| be a separate calculation from any other calculation set forth |
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| in this Section. This amount is exempt from the requirements of |
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| Section 1D-1 of this Code.
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| An amount equal to 85% of the funds remaining in the |
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| appropriation , after subtracting any base level funding for |
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| that fiscal year, shall be allocated to school districts based |
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| upon the
district's average daily attendance reported for |
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| purposes of Section
18-8.05 of this Code for the preceding |
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| school year. Fifteen percent of the
funds
remaining in the |
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| appropriation , after subtracting any base level funding for |
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| that fiscal year,
shall be allocated to school districts based |
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| upon the district's low income
eligible pupil count used in the |
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| calculation of general State aid under Section
18-8.05 of this |
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| Code for the same fiscal year. One hundred percent of the
funds
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HB4148 Engrossed |
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LRB095 13944 RAS 39734 b |
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| computed and allocated to districts under this Section shall be |
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| distributed and
paid to school districts.
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| For individual
students with disabilities whose program |
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| costs exceed 4 times the
district's per capita tuition rate
as |
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| calculated under Section 10-20.12a of this Code, the costs in |
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| excess
of 4 times the district's per capita tuition rate shall |
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| be paid by the State
Board of Education from unexpended IDEA |
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| discretionary funds originally
designated for room and board |
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| reimbursement pursuant to Section
14-8.01 of this Code. The |
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| amount of tuition for these children shall be
determined by the |
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| actual cost of maintaining classes for these children,
using |
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| the per
capita cost formula set forth in Section 14-7.01 of |
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| this Code, with the
program and cost being pre-approved by the |
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| State Superintendent of
Education. Reimbursement for |
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| individual students with disabilities whose program costs |
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| exceed 4 times the district's per capita tuition rate shall be |
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| claimed beginning with costs encumbered for the 2004-2005 |
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| school year and thereafter.
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| The State Board of Education shall prepare vouchers equal |
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| to one-fourth the
amount allocated to districts, for |
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| transmittal
to the State Comptroller on the 30th day of |
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| September, December, and March,
respectively, and the final |
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| voucher, no later than June 20. The Comptroller
shall make |
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| payments pursuant to this Section to school districts as soon |
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| as possible after receipt of vouchers. If the money
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| appropriated from the General Assembly for such purposes for |
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HB4148 Engrossed |
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LRB095 13944 RAS 39734 b |
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| any year is
insufficient, it shall be apportioned on the basis |
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| of the payments due to
school districts.
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| Nothing in this Section shall be construed to decrease or |
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| increase the
percentage of all special education funds that are |
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| allocated annually
under Article 1D of this Code
or to alter |
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| the requirement that a
school district provide special |
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| education services.
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| Nothing in this amendatory Act of the 93rd General Assembly |
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| shall
eliminate any reimbursement obligation owed as of the |
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| effective date of this
amendatory Act of the 93rd General |
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| Assembly to a school district with in excess
of 500,000 |
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| inhabitants.
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| (Source: P.A. 93-1022, eff. 8-24-04.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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