103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2327

 

Introduced 2/10/2023, by Sen. Meg Loughran Cappel

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-7.02b

    Amends the Children With Disabilities Article of the School Code. Provides that for individual students with disabilities who attend tier 1 or 2 schools whose program costs exceed 3 times the district's per capita tuition rate, the costs in excess of 3 times the district's per capita tuition rate shall be paid by the State Board of Education from unexpended IDEA discretionary funds originally designated for room and board reimbursement (instead of for individual students with disabilities whose program costs exceed 4 times the district's per capita tuition rate, the costs in excess of 4 times the district's per capita tuition rate shall be paid by the State Board of Education from unexpended IDEA discretionary funds originally designated for room and board reimbursement). Provides that for individual students with disabilities who attend Tier 3 or 4 schools whose program costs exceed 4 times the district's per capita tuition rate, the costs in excess of 4 times the district's per capita tuition rate shall be paid by the State Board of Education from unexpended IDEA discretionary funds originally designated for room and board reimbursement. Effective immediately.


LRB103 28838 RJT 55223 b

 

 

A BILL FOR

 

SB2327LRB103 28838 RJT 55223 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
514-7.02b as follows:
 
6    (105 ILCS 5/14-7.02b)
7    Sec. 14-7.02b. Funding for children requiring special
8education services. Payments to school districts for children
9requiring special education services documented in their
10individualized education program regardless of the program
11from which these services are received, excluding children
12claimed under Sections 14-7.02 and 14-7.03 of this Code, shall
13be made in accordance with this Section. Funds received under
14this Section may be used only for the provision of special
15educational facilities and services as defined in Section
1614-1.08 of this Code.
17    The appropriation for fiscal year 2005 through fiscal year
182017 shall be based upon the IDEA child count of all students
19in the State, excluding students claimed under Sections
2014-7.02 and 14-7.03 of this Code, on December 1 of the fiscal
21year 2 years preceding, multiplied by 17.5% of the general
22State aid foundation level of support established for that
23fiscal year under Section 18-8.05 of this Code.

 

 

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1    Beginning with fiscal year 2005 and through fiscal year
22007, individual school districts shall not receive payments
3under this Section totaling less than they received under the
4funding authorized under Section 14-7.02a of this Code during
5fiscal year 2004, pursuant to the provisions of Section
614-7.02a as they were in effect before the effective date of
7this amendatory Act of the 93rd General Assembly. This base
8level funding shall be computed first.
9    Beginning with fiscal year 2008 through fiscal year 2017,
10individual school districts must not receive payments under
11this Section totaling less than they received in fiscal year
122007. This funding shall be computed last and shall be a
13separate calculation from any other calculation set forth in
14this Section. This amount is exempt from the requirements of
15Section 1D-1 of this Code.
16    Through fiscal year 2017, an amount equal to 85% of the
17funds remaining in the appropriation shall be allocated to
18school districts based upon the district's average daily
19attendance reported for purposes of Section 18-8.05 of this
20Code for the preceding school year. Fifteen percent of the
21funds remaining in the appropriation shall be allocated to
22school districts based upon the district's low income eligible
23pupil count used in the calculation of general State aid under
24Section 18-8.05 of this Code for the same fiscal year. One
25hundred percent of the funds computed and allocated to
26districts under this Section shall be distributed and paid to

 

 

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1school districts.
2    For individual students with disabilities who attend Tier
31 or 2 schools as defined under Section 18-8.15 of this Code
4whose program costs exceed 3 4 times the district's per capita
5tuition rate as calculated under Section 10-20.12a of this
6Code, the costs in excess of 3 4 times the district's per
7capita tuition rate shall be paid by the State Board of
8Education from unexpended IDEA discretionary funds originally
9designated for room and board reimbursement pursuant to
10Section 14-8.01 of this Code. For individual students with
11disabilities who attend Tier 3 or 4 schools as defined under
12Section 18-8.15 of this Code whose program costs exceed 4
13times the district's per capita tuition rate as calculated
14under Section 10-20.12a of this Code, the costs in excess of 4
15times the district's per capita tuition rate shall be paid by
16the State Board of Education from unexpended IDEA
17discretionary funds originally designated for room and board
18reimbursement pursuant to Section 14-8.01 of this Code. The
19amount of tuition for these children shall be determined by
20the actual cost of maintaining classes for these children,
21using the per capita cost formula set forth in Section 14-7.01
22of this Code, with the program and cost being pre-approved by
23the State Superintendent of Education. Reimbursement for
24individual students with disabilities whose program costs
25exceed 4 times the district's per capita tuition rate shall be
26claimed beginning with costs encumbered for the 2004-2005

 

 

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1school year and thereafter.
2    The State Board of Education shall prepare vouchers equal
3to one-fourth the amount allocated to districts, for
4transmittal to the State Comptroller on the 30th day of
5September, December, and March, respectively, and the final
6voucher, no later than June 20. The Comptroller shall make
7payments pursuant to this Section to school districts as soon
8as possible after receipt of vouchers. If the money
9appropriated from the General Assembly for such purposes for
10any year is insufficient, it shall be apportioned on the basis
11of the payments due to school districts.
12    Nothing in this Section shall be construed to decrease or
13increase the percentage of all special education funds that
14are allocated annually under Article 1D of this Code or to
15alter the requirement that a school district provide special
16education services.
17    Nothing in this amendatory Act of the 93rd General
18Assembly shall eliminate any reimbursement obligation owed as
19of the effective date of this amendatory Act of the 93rd
20General Assembly to a school district with in excess of
21500,000 inhabitants.
22    Except for reimbursement for individual students with
23disabilities whose program costs exceed 4 times the district's
24per capita tuition rate, no funding shall be provided to
25school districts under this Section after fiscal year 2017.
26    In fiscal year 2018 and each fiscal year thereafter, all

 

 

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1funding received by a school district from the State pursuant
2to Section 188.15 of this Code that is attributable to
3students requiring special education services must be used for
4special education services authorized under this Code.
5(Source: P.A. 100-465, eff. 8-31-17.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.