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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||
5 | 14-7.02 as follows:
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6 | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
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7 | Sec. 14-7.02. Children attending private schools, public
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8 | out-of-state schools, public school residential facilities or | ||||||||||||||||||||||||
9 | private
special education facilities. The General Assembly | ||||||||||||||||||||||||
10 | recognizes that non-public
schools or special education | ||||||||||||||||||||||||
11 | facilities provide an important service in the
educational | ||||||||||||||||||||||||
12 | system in Illinois.
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13 | If because of his or her disability the special education
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14 | program of a district is unable to meet the needs of a child | ||||||||||||||||||||||||
15 | and the
child attends a non-public school or special education | ||||||||||||||||||||||||
16 | facility, a
public out-of-state school or a special education | ||||||||||||||||||||||||
17 | facility owned and
operated by a county government unit that | ||||||||||||||||||||||||
18 | provides special educational
services required by the child and | ||||||||||||||||||||||||
19 | is in compliance with the appropriate
rules and regulations of | ||||||||||||||||||||||||
20 | the State Superintendent of Education, the
school district in | ||||||||||||||||||||||||
21 | which the child is a resident shall pay the actual
cost of | ||||||||||||||||||||||||
22 | tuition for special education and related services provided
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23 | during the regular school term and during the summer school |
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1 | term if the
child's educational needs so require, excluding | ||||||
2 | room, board and
transportation costs charged the child by that | ||||||
3 | non-public school or
special education facility, public | ||||||
4 | out-of-state school or county special
education facility, or | ||||||
5 | $4,500 per year, whichever is less, and shall
provide him any | ||||||
6 | necessary transportation. "Nonpublic special
education | ||||||
7 | facility" shall include a residential facility,
within or | ||||||
8 | without the State of Illinois, which provides
special education | ||||||
9 | and related services to meet the needs of the child by
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10 | utilizing private schools or public schools, whether located on | ||||||
11 | the site
or off the site of the residential facility.
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12 | The State Board of Education shall promulgate rules and | ||||||
13 | regulations
for determining when placement in a private special | ||||||
14 | education facility
is appropriate. Such rules and regulations | ||||||
15 | shall take into account
the various types of services needed by | ||||||
16 | a child and the availability
of such services to the particular | ||||||
17 | child in the public school.
In developing these rules and | ||||||
18 | regulations the State Board of
Education shall consult with the | ||||||
19 | Advisory Council on
Education of Children with Disabilities and | ||||||
20 | hold public
hearings to secure recommendations from parents, | ||||||
21 | school personnel,
and others concerned about this matter.
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22 | The State Board of Education shall also promulgate rules | ||||||
23 | and
regulations for transportation to and from a residential | ||||||
24 | school.
Transportation to and from home to a residential school | ||||||
25 | more than once
each school term shall be subject to prior | ||||||
26 | approval by the State
Superintendent in accordance with the |
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1 | rules and regulations of the State
Board.
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2 | A school district making tuition payments pursuant to this
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3 | Section is eligible for reimbursement from the State for the | ||||||
4 | amount of
such payments actually made in excess of the district | ||||||
5 | per capita tuition
charge for students not receiving special | ||||||
6 | education services.
Such reimbursement shall be approved in | ||||||
7 | accordance with Section 14-12.01
and each district shall file | ||||||
8 | its claims, computed in accordance with rules
prescribed by the | ||||||
9 | State Board of Education, on forms prescribed by the
State | ||||||
10 | Superintendent of Education. Data used as a basis of | ||||||
11 | reimbursement
claims shall be for the preceding regular school | ||||||
12 | term and summer school
term. Each school district shall | ||||||
13 | transmit its claims to the State Board of Education
on or | ||||||
14 | before
August 15. The State Board of Education, before | ||||||
15 | approving any such claims,
shall determine their accuracy and | ||||||
16 | whether they are based upon services
and facilities provided | ||||||
17 | under approved programs. Upon approval the State
Board shall | ||||||
18 | cause vouchers to be prepared showing the amount due
for | ||||||
19 | payment of reimbursement claims to school
districts, for | ||||||
20 | transmittal to the State Comptroller on
the 30th day of | ||||||
21 | September, December, and March, respectively, and the final
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22 | voucher, no later than June 20. If the
money appropriated by | ||||||
23 | the General Assembly for such purpose for any year
is | ||||||
24 | insufficient, it shall be apportioned on the basis of the | ||||||
25 | claims approved.
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26 | No child shall be placed in a special education program |
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1 | pursuant to
this Section if the tuition cost for special | ||||||
2 | education and related
services increases more than 10 percent | ||||||
3 | over the tuition cost for the
previous school year or exceeds | ||||||
4 | $4,500 per year unless such costs have
been approved by the | ||||||
5 | Illinois Purchased Care Review Board. The
Illinois Purchased | ||||||
6 | Care Review Board shall consist of the following
persons, or | ||||||
7 | their designees: the Directors of Children and Family
Services, | ||||||
8 | Public Health,
Public Aid, and the
Governor's Office of | ||||||
9 | Management and Budget; the
Secretary of Human Services; the | ||||||
10 | State Superintendent of Education; and such
other persons as | ||||||
11 | the
Governor may designate. The Review Board shall also consist | ||||||
12 | of one non-voting member who is an administrator of a
private, | ||||||
13 | nonpublic, special education school. The Review Board shall | ||||||
14 | establish rules and
regulations for its determination of | ||||||
15 | allowable costs and payments made by
local school districts for | ||||||
16 | special education, room and board, and other related
services | ||||||
17 | provided by non-public schools or special education facilities | ||||||
18 | and
shall establish uniform standards and criteria which it | ||||||
19 | shall follow.
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20 | The Review Board shall establish uniform definitions and | ||||||
21 | criteria for
accounting separately by special education, room | ||||||
22 | and board and other
related services costs. The Board shall | ||||||
23 | also establish guidelines for
the coordination of services and | ||||||
24 | financial assistance provided by all
State agencies to assure | ||||||
25 | that no otherwise qualified disabled child
receiving services | ||||||
26 | under Article 14 shall be excluded from participation
in, be |
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1 | denied the benefits of or be subjected to discrimination under
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2 | any program or activity provided by any State agency.
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3 | The Review Board shall review the costs for special | ||||||
4 | education and
related services provided by non-public schools | ||||||
5 | or special education
facilities and shall approve or disapprove | ||||||
6 | such facilities in accordance
with the rules and regulations | ||||||
7 | established by it with respect to
allowable costs.
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8 | The State Board of Education shall provide administrative | ||||||
9 | and staff support
for the Review Board as deemed reasonable by | ||||||
10 | the State Superintendent of
Education. This support shall not | ||||||
11 | include travel expenses or other
compensation for any Review | ||||||
12 | Board member other than the State Superintendent of
Education.
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13 | The Review Board shall seek the advice of the Advisory | ||||||
14 | Council on
Education of Children with Disabilities on the rules | ||||||
15 | and
regulations to be
promulgated by it relative to providing | ||||||
16 | special education services.
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17 | If a child has been placed in a program in which the actual | ||||||
18 | per pupil costs
of tuition for special education and related | ||||||
19 | services based on program
enrollment, excluding room, board and | ||||||
20 | transportation costs, exceed $4,500 and
such costs have been | ||||||
21 | approved by the Review Board, the district shall pay such
total | ||||||
22 | costs which exceed $4,500. A district making such tuition | ||||||
23 | payments in
excess of $4,500 pursuant to this Section shall be | ||||||
24 | responsible for an amount in
excess of $4,500 equal to the | ||||||
25 | district per capita
tuition charge and shall be eligible for | ||||||
26 | reimbursement from the State for
the amount of such payments |
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1 | actually made in excess of the districts per capita
tuition | ||||||
2 | charge for students not receiving special education services.
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3 | If a child has been placed in an approved individual | ||||||
4 | program and the
tuition costs including room and board costs | ||||||
5 | have been approved by the
Review Board, then such room and | ||||||
6 | board costs shall be paid by the
appropriate State agency | ||||||
7 | subject to the provisions of Section 14-8.01 of
this Act. Room | ||||||
8 | and board costs not provided by a State agency other
than the | ||||||
9 | State Board of Education shall be provided by the State Board
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10 | of Education on a current basis. In no event, however, shall | ||||||
11 | the
State's liability for funding of these tuition costs begin | ||||||
12 | until after
the legal obligations of third party payors have | ||||||
13 | been subtracted from
such costs. If the money appropriated by | ||||||
14 | the General Assembly for such
purpose for any year is | ||||||
15 | insufficient, it shall be apportioned on the
basis of the | ||||||
16 | claims approved. Each district shall submit estimated claims to | ||||||
17 | the State
Superintendent of Education. Upon approval of such | ||||||
18 | claims, the State
Superintendent of Education shall direct the | ||||||
19 | State Comptroller to make payments
on a monthly basis. The | ||||||
20 | frequency for submitting estimated
claims and the method of | ||||||
21 | determining payment shall be prescribed in rules
and | ||||||
22 | regulations adopted by the State Board of Education. Such | ||||||
23 | current state
reimbursement shall be reduced by an amount equal | ||||||
24 | to the proceeds which
the child or child's parents are eligible | ||||||
25 | to receive under any public or
private insurance or assistance | ||||||
26 | program. Nothing in this Section shall
be construed as |
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1 | relieving an insurer or similar third party from an
otherwise | ||||||
2 | valid obligation to provide or to pay for services provided to
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3 | a disabled child.
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4 | If it otherwise qualifies, a school district is eligible | ||||||
5 | for the
transportation reimbursement under Section 14-13.01 | ||||||
6 | and for the
reimbursement of tuition payments under this | ||||||
7 | Section whether the
non-public school or special education | ||||||
8 | facility, public out-of-state
school or county special | ||||||
9 | education facility, attended by a child who
resides in that | ||||||
10 | district and requires special educational services, is
within | ||||||
11 | or outside of the State of Illinois. However, a district is not
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12 | eligible to claim transportation reimbursement under this | ||||||
13 | Section unless
the district certifies to the State | ||||||
14 | Superintendent of Education that the
district is unable to | ||||||
15 | provide special educational services required by
the child for | ||||||
16 | the current school year.
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17 | Nothing in this Section authorizes the reimbursement of a | ||||||
18 | school
district for the amount paid for tuition of a child | ||||||
19 | attending a
non-public school or special education facility, | ||||||
20 | public out-of-state
school or county special education | ||||||
21 | facility unless the school district
certifies to the State | ||||||
22 | Superintendent of Education that the special
education program | ||||||
23 | of that district is unable to meet the needs of that child
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24 | because of his disability and the State Superintendent of | ||||||
25 | Education finds
that the school district is in substantial | ||||||
26 | compliance with Section 14-4.01. However, if a child is |
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1 | unilaterally placed by a State agency or any court in a | ||||||
2 | non-public school or special education facility, public | ||||||
3 | out-of-state school, or county special education facility, a | ||||||
4 | school district shall not be required to certify to the State | ||||||
5 | Superintendent of Education, for the purpose of tuition | ||||||
6 | reimbursement, that the special education program of that | ||||||
7 | district is unable to meet the needs of a child because of his | ||||||
8 | or her disability.
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9 | Any educational or related services provided, pursuant to | ||||||
10 | this
Section in a non-public school or special education | ||||||
11 | facility or a
special education facility owned and operated by | ||||||
12 | a county government
unit shall be at no cost to the parent or | ||||||
13 | guardian of the child.
However, current law and practices | ||||||
14 | relative to contributions by parents
or guardians for costs | ||||||
15 | other than educational or related services are
not affected by | ||||||
16 | this amendatory Act of 1978.
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17 | Reimbursement for children attending public school | ||||||
18 | residential facilities
shall be made in accordance with the | ||||||
19 | provisions of this Section.
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20 | Notwithstanding any other provision of law, any school | ||||||
21 | district
receiving a payment under this Section or under | ||||||
22 | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | ||||||
23 | all or a portion of the funds that
it receives in a particular | ||||||
24 | fiscal year or from general State aid pursuant
to Section | ||||||
25 | 18-8.05 of this Code
as funds received in connection with any | ||||||
26 | funding program for which
it is entitled to receive funds from |
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1 | the State in that fiscal year (including,
without limitation, | ||||||
2 | any funding program referenced in this Section),
regardless of | ||||||
3 | the source or timing of the receipt. The district may not
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4 | classify more funds as funds received in connection with the | ||||||
5 | funding
program than the district is entitled to receive in | ||||||
6 | that fiscal year for that
program. Any
classification by a | ||||||
7 | district must be made by a resolution of its board of
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8 | education. The resolution must identify the amount of any | ||||||
9 | payments or
general State aid to be classified under this | ||||||
10 | paragraph and must specify
the funding program to which the | ||||||
11 | funds are to be treated as received in
connection therewith. | ||||||
12 | This resolution is controlling as to the
classification of | ||||||
13 | funds referenced therein. A certified copy of the
resolution | ||||||
14 | must be sent to the State Superintendent of Education.
The | ||||||
15 | resolution shall still take effect even though a copy of the | ||||||
16 | resolution has
not been sent to the State
Superintendent of | ||||||
17 | Education in a timely manner.
No
classification under this | ||||||
18 | paragraph by a district shall affect the total amount
or timing | ||||||
19 | of money the district is entitled to receive under this Code.
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20 | No classification under this paragraph by a district shall
in | ||||||
21 | any way relieve the district from or affect any
requirements | ||||||
22 | that otherwise would apply with respect to
that funding | ||||||
23 | program, including any
accounting of funds by source, reporting | ||||||
24 | expenditures by
original source and purpose,
reporting | ||||||
25 | requirements,
or requirements of providing services.
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26 | (Source: P.A. 93-1022, eff. 8-24-04; 94-177, eff. 7-12-05.)
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