093_HB1180eng HB1180 Engrossed LRB093 07885 NHT 08075 b 1 AN ACT to amend the School Code. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Sections 1D-1, 14-8.01, and 18-4.3 and adding Section 6 14-7.02b as follows: 7 (105 ILCS 5/1D-1) 8 Sec. 1D-1. Block grant funding. 9 (a) For fiscal year 1996 and each fiscal year 10 thereafter, the State Board of Education shall award to a 11 school district having a population exceeding 500,000 12 inhabitants a general education block grant and an 13 educational services block grant, determined as provided in 14 this Section, in lieu of distributing to the district 15 separate State funding for the programs described in 16 subsections (b) and (c). The provisions of this Section, 17 however, do not apply to any federal funds that the district 18 is entitled to receive. In accordance with Section 2-3.32, 19 all block grants are subject to an audit. Therefore, block 20 grant receipts and block grant expenditures shall be recorded 21 to the appropriate fund code for the designated block grant. 22 (b) The general education block grant shall include the 23 following programs: REI Initiative, Summer Bridges, Preschool 24 At Risk, K-6 Comprehensive Arts, School Improvement Support, 25 Urban Education, Scientific Literacy, Substance Abuse 26 Prevention, Second Language Planning, Staff Development, 27 Outcomes and Assessment, K-6 Reading Improvement, Truants' 28 Optional Education, Hispanic Programs, Agriculture Education, 29 Gifted Education, Parental Education, Prevention Initiative, 30 Report Cards, and Criminal Background Investigations. 31 Notwithstanding any other provision of law, all amounts paid HB1180 Engrossed -2- LRB093 07885 NHT 08075 b 1 under the general education block grant from State 2 appropriations to a school district in a city having a 3 population exceeding 500,000 inhabitants shall be 4 appropriated and expended by the board of that district for 5 any of the programs included in the block grant or any of the 6 board's lawful purposes. 7 (c) The educational services block grant shall include 8 the following programs: Bilingual, Regular and Vocational 9 Transportation, State Lunch and Free Breakfast Program, 10 Special Education (Personnel,Extraordinary,Transportation, 11 Orphanage, Private Tuition), funding for children requiring 12 special education services, Summer School, Educational 13 Service Centers, and Administrator's Academy. This 14 subsection (c) does not relieve the district of its 15 obligation to provide the services required under a program 16 that is included within the educational services block grant. 17 It is the intention of the General Assembly in enacting the 18 provisions of this subsection (c) to relieve the district of 19 the administrative burdens that impede efficiency and 20 accompany single-program funding. The General Assembly 21 encourages the board to pursue mandate waivers pursuant to 22 Section 2-3.25g. 23 The funding program included in the educational services 24 block grant for funding for children requiring special 25 education services in each fiscal year shall be treated in 26 that fiscal year as a payment to the school district in 27 respect of services provided or costs incurred in the prior 28 fiscal year, calculated in each case as provided in this 29 Section. Nothing in this Section shall change the nature of 30 payments for any program that, apart from this Section, would 31 be or, prior to adoption or amendment of this Section, was on 32 the basis of a payment in a fiscal year in respect of 33 services provided or costs incurred in the prior fiscal year, 34 calculated in each case as provided in this Section. HB1180 Engrossed -3- LRB093 07885 NHT 08075 b 1 (d) For fiscal year 1996 and each fiscal year 2 thereafter, the amount of the district's block grants shall 3 be determined as follows: (i) with respect to each program 4 that is included within each block grant, the district shall 5 receive an amount equal to the same percentage of the current 6 fiscal year appropriation made for that program as the 7 percentage of the appropriation received by the district from 8 the 1995 fiscal year appropriation made for that program, and 9 (ii) the total amount that is due the district under the 10 block grant shall be the aggregate of the amounts that the 11 district is entitled to receive for the fiscal year with 12 respect to each program that is included within the block 13 grant that the State Board of Education shall award the 14 district under this Section for that fiscal year. In the 15 case of the Summer Bridges program, the amount of the 16 district's block grant shall be equal to 44% of the amount of 17 the current fiscal year appropriation made for that program. 18 (e) The district is not required to file any application 19 or other claim in order to receive the block grants to which 20 it is entitled under this Section. The State Board of 21 Education shall make payments to the district of amounts due 22 under the district's block grants on a schedule determined by 23 the State Board of Education. 24 (f) A school district to which this Section applies 25 shall report to the State Board of Education on its use of 26 the block grants in such form and detail as the State Board 27 of Education may specify. 28 (g) This paragraph provides for the treatment of block 29 grants under Article 1C for purposes of calculating the 30 amount of block grants for a district under this Section. 31 Those block grants under Article 1C are, for this purpose, 32 treated as included in the amount of appropriation for the 33 various programs set forth in paragraph (b) above. The 34 appropriation in each current fiscal year for each block HB1180 Engrossed -4- LRB093 07885 NHT 08075 b 1 grant under Article 1C shall be treated for these purposes as 2 appropriations for the individual program included in that 3 block grant. The proportion of each block grant so allocated 4 to each such program included in it shall be the proportion 5 which the appropriation for that program was of all 6 appropriations for such purposes now in that block grant, in 7 fiscal 1995. 8 Payments to the school district under this Section with 9 respect to each program for which payments to school 10 districts generally, as of the date of this amendatory Act of 11 the 92nd General Assembly, are on a reimbursement basis shall 12 continue to be made to the district on a reimbursement basis, 13 pursuant to the provisions of this Code governing those 14 programs. 15 (h) Notwithstanding any other provision of law, any 16 school district receiving a block grant under this Section 17 may classify all or a portion of the funds that it receives 18 in a particular fiscal year from any block grant authorized 19 under this Code or from general State aid pursuant to Section 20 18-8.05 of this Code (other than supplemental general State 21 aid) as funds received in connection with any funding program 22 for which it is entitled to receive funds from the State in 23 that fiscal year (including, without limitation, any funding 24 program referred to in subsection (c) of this Section), 25 regardless of the source or timing of the receipt. The 26 district may not classify more funds as funds received in 27 connection with the funding program than the district is 28 entitled to receive in that fiscal year for that program. 29 Any classification by a district must be made by a resolution 30 of its board of education. The resolution must identify the 31 amount of any block grant or general State aid to be 32 classified under this subsection (h) and must specify the 33 funding program to which the funds are to be treated as 34 received in connection therewith. This resolution is HB1180 Engrossed -5- LRB093 07885 NHT 08075 b 1 controlling as to the classification of funds referenced 2 therein. A certified copy of the resolution must be sent to 3 the State Superintendent of Education. The resolution shall 4 still take effect even though a copy of the resolution has 5 not been sent to the State Superintendent of Education in a 6 timely manner. No classification under this subsection (h) 7 by a district shall affect the total amount or timing of 8 money the district is entitled to receive under this Code. 9 No classification under this subsection (h) by a district 10 shall in any way relieve the district from or affect any 11 requirements that otherwise would apply with respect to the 12 block grant as provided in this Section, including any 13 accounting of funds by source, reporting expenditures by 14 original source and purpose, reporting requirements, or 15 requirements of provision of services. 16 (Source: P.A. 91-711, eff. 7-1-00; 92-568, eff. 6-26-02; 17 92-651, eff. 7-11-02.) 18 (105 ILCS 5/14-7.02b new) 19 Sec. 14-7.02b. Funding for children requiring special 20 education services. Payments to school districts and joint 21 agreements for children requiring special education services 22 documented in their individualized education program 23 regardless of the program from which these services are 24 received, excluding children claimed under Sections 14-7.02 25 and 14-7.03 of this Code, shall be made in accordance with 26 this Section. Funds received under this Section may be used 27 only for the provision of special educational facilities and 28 services as defined in Section 14-1.08 of this Code. 29 The appropriation for fiscal year 2004 and thereafter 30 shall be based upon the IDEA child count of all students in 31 the State, excluding students claimed under Sections 14-7.02 32 and 14-7.03 of this Code, on December 1 of the fiscal year 2 33 years preceding, multiplied by 17.5% of the general State aid HB1180 Engrossed -6- LRB093 07885 NHT 08075 b 1 foundation level of support established for that fiscal year 2 under Section 18-8.05 of this Code. 3 Beginning with fiscal year 2004 and thereafter, 4 individual school districts shall not receive payments under 5 this Section totaling less than they received under the 6 funding authorized under Section 14-7.02a of this Code during 7 fiscal year 2003, pursuant to the provisions of Section 8 14-7.02a as they were in effect before the effective date of 9 this amendatory Act of the 93rd General Assembly. This base 10 level funding shall be computed first. 11 An amount equal to 85% of the funds remaining in the 12 appropriation after subtracting the base level funding shall 13 be allocated to school districts based upon the district's 14 average daily attendance reported for purposes of Section 15 18-8.05 of this Code for the preceding school year. Fifteen 16 percent of the funds remaining in the appropriation after 17 subtracting the base level funding shall be allocated to 18 school districts based upon the district's low income 19 eligible pupil count used in the calculation of general State 20 aid under Section 18-8.05 of this Code for the same fiscal 21 year. One hundred percent of the funds computed and 22 allocated to districts under this Section shall be 23 distributed and paid to school districts. 24 For individual students with disabilities whose program 25 costs exceed 4 times the district's per capita tuition rate 26 as calculated under Section 10-20.12a of this Code, the costs 27 in excess of 4 times the district's per capita tuition rate 28 shall be paid by the State Board of Education from unexpended 29 IDEA discretionary funds originally designated for room and 30 board reimbursement pursuant to Section 14-8.01 of this Code. 31 The amount of tuition for these children shall be determined 32 by the actual cost of maintaining classes for these children, 33 using the per capita cost formula set forth in Section 34 14-7.01 of this Code, with the program and cost being HB1180 Engrossed -7- LRB093 07885 NHT 08075 b 1 pre-approved by the State Superintendent of Education. 2 The State Board of Education shall prepare vouchers equal 3 to one-fourth the amount allocated to districts and their 4 joint agreements, for transmittal to the State Comptroller on 5 the 30th day of September, December, and March, respectively, 6 and the final voucher, no later than June 20. The Comptroller 7 shall make payments pursuant to this Section to school 8 districts and their joint agreements as soon as possible 9 after receipt of vouchers. If the money appropriated from the 10 General Assembly for such purposes for any year is 11 insufficient, it shall be apportioned on the basis of the 12 payments due to school districts. 13 Nothing in this Section shall be construed to decrease or 14 increase the percentage of all special education funds that 15 are allocated annually under Article 1D of this Code or to 16 alter the requirement that a school district provide special 17 education services. 18 Nothing in this amendatory Act of the 93rd General 19 Assembly shall eliminate any reimbursement obligation owed as 20 of the effective date of this amendatory Act of the 93rd 21 General Assembly to a school district with in excess of 22 500,000 inhabitants. 23 (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01) 24 Sec. 14-8.01. Supervision of special education buildings 25 and facilities. All special educational facilities, building 26 programs, housing, and all educational programs for the types 27 of disabled children defined in Section 14-1.02 shall be 28 under the supervision of and subject to the approval of the 29 State Board of Education. 30 All special education facilities, building programs, and 31 housing shall comply with the building code authorized by 32 Section 2-3.12. 33 All educational programs for children with disabilities HB1180 Engrossed -8- LRB093 07885 NHT 08075 b 1 as defined in Section 14-1.02 administered by any State 2 agency shall be under the general supervision of the State 3 Board of Education. Such supervision shall be limited to 4 insuring that such educational programs meet standards 5 jointly developed and agreed to by both the State Board of 6 Education and the operating State agency, including standards 7 for educational personnel. 8 Any State agency providing special educational programs 9 for children with disabilities as defined in Section 14-1.02 10 shall promulgate rules and regulations, in consultation with 11 the State Board of Education and pursuant to the Illinois 12 Administrative Procedure Act as now or hereafter amended, to 13 insure that all such programs comply with this Section and 14 Section 14-8.02. 15 No otherwise qualified disabled child receiving special 16 education and related services under Article 14 shall solely 17 by reason of his or her disability be excluded from the 18 participation in or be denied the benefits of or be subjected 19 to discrimination under any program or activity provided by a 20 State agency. 21 State agencies providing special education and related 22 services, including room and board, either directly or 23 through grants or purchases of services shall continue to 24 provide these services according to current law and practice. 25 Room and board costs not provided by a State agency other 26 than the State Board of Education shall be provided by the 27 State Board of Education to the extent of available funds. 28 An amount equal to one-half of the State education agency's 29 share of IDEA PART B federal monies, or so much thereof as 30 may actually be needed, shall annually be appropriated to pay 31 for the additional costs of providing for room and board for 32 those children placed pursuant to Section 14-7.02 of this 33 CodeActand, after all such room and board costs are paid, 34 for similar expenditures for children served pursuant to HB1180 Engrossed -9- LRB093 07885 NHT 08075 b 1 Section 14-7.02 or 14-7.02b14-7.02aof this Code. Any such 2 excess room and board funds must first be directed to those 3 school districts with students costing in excess of 4 times 4 the district's per capita tuition charge and then toAct,5based incommunity based programs that serve as alternatives 6 to residential placements. 7 Beginning with Fiscal Year 1997 and continuing through 8 Fiscal Year 2000, 100% of the former Chapter I, Section 9 89-313 federal funds shall be allocated by the State Board of 10 Education in the same manner as IDEA, PART B "flow through" 11 funding to local school districts, joint agreements, and 12 special education cooperatives for the maintenance of 13 instructional and related support services to students with 14 disabilities. However, beginning with Fiscal Year 1998, the 15 total IDEA Part B discretionary funds available to the State 16 Board of Education shall not exceed the maximum permissible 17 under federal law or 20% of the total federal funds available 18 to the State, whichever is less. In no case shall the 19 aggregate IDEA Part B discretionary funds received by the 20 State Board of Education exceed the amount of IDEA Part B 21 discretionary funds available to the State Board of Education 22 for Fiscal Year 1997, excluding any carryover funds from 23 prior fiscal years, increased by 3% for Fiscal Year 1998 and 24 increased by an additional 3% for each fiscal year 25 thereafter. After all room and board payments and similar 26 expenditures are made by the State Board of Education as 27 required by this Section, the State Board of Education may 28 use the remaining funds for administration and for providing 29 discretionary activities. However, the State Board of 30 Education may use no more than 25% of its available IDEA Part 31 B discretionary funds for administrative services. 32 Special education and related services included in the 33 child's individualized educational program which are not 34 provided by another State agency shall be included in the HB1180 Engrossed -10- LRB093 07885 NHT 08075 b 1 special education and related services provided by the State 2 Board of Education and the local school district. 3 The State Board of Education with the advice of the 4 Advisory Council shall prescribe the standards and make the 5 necessary rules and regulations for special education 6 programs administered by local school boards, including but 7 not limited to establishment of classes, training 8 requirements of teachers and other professional personnel, 9 eligibility and admission of pupils, the curriculum, class 10 size limitation, building programs, housing, transportation, 11 special equipment and instructional supplies, and the 12 applications for claims for reimbursement. The State Board of 13 Education shall promulgate rules and regulations for annual 14 evaluations of the effectiveness of all special education 15 programs and annual evaluation by the local school district 16 of the individualized educational program for each child for 17 whom it provides special education services. 18 A school district is responsible for the provision of 19 educational services for all school age children residing 20 within its boundaries excluding any student placed under the 21 provisions of Section 14-7.02 or any disabled student whose 22 parent or guardian lives outside of the State of Illinois as 23 described in Section 14-1.11. 24 (Source: P.A. 89-397, eff. 8-20-95; 89-622, eff. 8-9-96; 25 90-547, eff. 12-1-97.) 26 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3) 27 Sec. 18-4.3. Summer school grants. Grants shall be 28 determined for pupil attendance in summer schools conducted 29 under Sections 10-22.33A and 34-18 and approved under Section 30 2-3.25 in the following manner. 31 The amount of grant for each accredited summer school 32 attendance pupil shall be obtained by dividing the total 33 amount of apportionments determined under Section 18-8.05 by HB1180 Engrossed -11- LRB093 07885 NHT 08075 b 1 the actual number of pupils in average daily attendance used 2 for such apportionments. The number of credited summer 3 school attendance pupils shall be determined (a) by counting 4 clock hours of class instruction by pupils enrolled in grades 5 1 through 12 in approved courses conducted at least 60 clock 6 hours in summer sessions; (b) by dividing such total of clock 7 hours of class instruction by 4 to produce days of credited 8 pupil attendance; (c) by dividing such days of credited pupil 9 attendance by the actual number of days in the regular term 10 as used in computation in the general apportionment in 11 Section 18-8.05; and (d) by multiplying by 1.25. 12 The amount of the grant for a summer school program 13 approved by the State Superintendent of Education for 14 children with disabilities, as defined in Sections 14-1.02 15 through 14-1.07, shall be determined in the manner contained 16 above except that average daily membership shall be utilized 17 in lieu of average daily attendance. 18 In the case of an apportionment based on summer school 19 attendance or membership pupils, the claim therefor shall be 20 presented as a separate claim for the particular school year 21 in which such summer school session ends. On or before 22 November 1 of each year the superintendent of each eligible 23 school district shall certify to the State Superintendent of 24 Education the claim of the district for the summer session 25 just ended. Failure on the part of the school board to so 26 certify shall constitute a forfeiture of its right to such 27 payment. The State Superintendent of Education shall 28 transmit to the Comptroller no later than December 15th of 29 each year vouchers for payment of amounts due school 30 districts for summer school. The State Superintendent of 31 Education shall direct the Comptroller to draw his warrants 32 for payments thereof by the 30th day of December. If the 33 money appropriated by the General Assembly for such purpose 34 for any year is insufficient, it shall be apportioned on the HB1180 Engrossed -12- LRB093 07885 NHT 08075 b 1 basis of claims approved. 2 However, notwithstanding the foregoing provisions, for 3 each fiscal year the money appropriated by the General 4 Assembly for the purposes of this Section shall only be used 5 for grants for approved summer school programs for those 6 children with disabilities served pursuant to Sections 7 14-7.02 and 14-7.02b of thisthe SchoolCode. 8 (Source: P.A. 90-548, eff. 1-1-98; 91-764, eff. 6-9-00.) 9 (105 ILCS 5/14-7.02a rep.) 10 Section 10. The School Code is amended by repealing 11 Section 14-7.02a. 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.