HB5430 103RD GENERAL ASSEMBLY

LRB103 37555 RJT 67680 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5430

Introduced 2/9/2024, by Rep. William "Will" Davis

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-1.11c new

Amends the Children with Disabilities Article of the School Code. Provides that the resident district for a student who, as a result of the student's medically complex status resides exclusively at a full-time residential care facility, shall be the school district in which the residential facility is located if the residential facility provides the student with a regular fixed night-time residence for reasons other than placement in a specific school district and the student is not enrolled in a school district outside the district in which the residential facility is located. Provides that as a resident of the district in which the residential facility is located, the educational costs for a student shall be provided directly by the State Board of Education and shall be calculated based on the applicable per diem rate provided by the Illinois Purchased Care Review Board, with such per diem rate being based solely upon the audited submission of the cost financial report for the residential facility for special education students during the applicable school year. Provides that a residential facility shall submit monthly invoices to the State Board of Education for the education costs of a student in a residential facility. Provides that the State Board of Education shall ensure that a representative of the resident school district of the student in a residential facility attend and participate in a individualized education program meeting for the student, and shall proffer a nonpublic facility placement contract for each student and the school district shall immediately execute and return the nonpublic facility placement contract to the residential facility. Provides that for a student in a residential facility, an educational surrogate shall be appointed who shall have authority to execute an individualized education program in the place of the student's parent or guardian on behalf of the student. Provides for restrictions on withholding payment to a residential facility. Provides that the provisions applies only to a special education student who lives at and relies on residential facility as the student's overnight residence but who has not been enrolled by the student's parent or guardian in a school district. Effective immediately.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. Purpose. The General Assembly recognizes the critical importance of and right to education for all students who reside in Illinois. The purpose of this amendatory Act of the 103rd General Assembly is to ensure that certain special education students who, as a result of their medically complex status, reside exclusively at full-time residential care facilities receive the free and appropriate public education to which they are entitled.

Section 10. The School Code is amended by adding Section 14-1.11c as follows:

(105 ILCS 5/14-1.11c new)

Sec. 14-1.11c. Resident district; special education students residing at residential facility.

(a) In this Section: "residential facility" means a full-time residential care facility.

(b) The resident district for a student who, as a result of the student's medically complex status resides exclusively at a full-time residential care facility, shall be the school district in which the residential facility is located if the residential facility provides the student with a regular fixed night-time residence for reasons other than placement in a specific school district and the student is not enrolled in a school district outside the district in which the residential facility is located.

(c) As a resident of the district in which the residential facility is located pursuant to this Section, the educational costs for a student shall be provided directly by the State Board of Education and shall be calculated based on the applicable per diem rate provided by the Illinois Purchased Care Review Board, with such per diem rate being based solely upon the audited submission of the cost financial report for the residential facility for special education students during the applicable school year. The Illinois Purchased Care Review Board's determined per diem rate may not be subject to waivers or deductions of any kind. The funding mechanism under this subsection (c) may not include food, which shall be paid directly by the residential school district.

(d) A residential facility shall submit monthly invoices to the State Board of Education for the education costs of a student in a residential facility. The State Board of Education shall ensure that a representative of the resident school district of the student in a residential facility under this Section attends and participates in a individualized education program meeting for the student, and shall proffer a nonpublic facility placement contract for each student to who this Section applies to and the school district shall immediately execute and return the nonpublic facility placement contract to the residential facility. For a student in a residential facility, an educational surrogate shall be appointed who shall have authority to execute an individualized education program in the place of the student's parent or guardian on behalf of the student.

(e) The State Board of Education may not withhold formula payments to a residential facility based upon the following:

(1) Not executing a nonpublic facility placement contract between the school district and the residential facility.

(2) The failure of the school district to participate in the individualized education program process or meetings for a student in the residential facility.

(f) If the per diem rate provided by the Illinois Purchased Care Review Board for special education students during the applicable school year increases, the residential facility may submit an invoice to the State Board of Education for the amount that would have been due for prior months in the same school year based on the increased rate.

(g) The State Board of Education shall pay the residential facility directly within 35 days of receipt of any invoice. If not paid within 35 days, the State Board of Education shall pay interest to the residential facility on any overdue amounts at a rate of 5% per month.

(h) This Section applies only to a special education student who lives at and relies on residential facility as the student's overnight residence but who has not been enrolled by the student's parent or guardian in a school district.

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