093_SB0192enr

 
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 1        AN ACT relating to education.

 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    Section 14-7.03 as follows:

 6        (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
 7        Sec. 14-7.03. Special Education Classes for Children from
 8    Orphanages,  Foster  Family  Homes,  Children's  Homes, or in
 9    State Housing Units.  If a school district maintains  special
10    education  classes  on  the site of orphanages and children's
11    homes, or if children from the orphanages, children's  homes,
12    foster   family   homes,   other  State  agencies,  or  State
13    residential units for children attend  classes  for  children
14    with   disabilities   in  which  the  school  district  is  a
15    participating member of a joint agreement, or if the children
16    from the orphanages, children's homes, foster  family  homes,
17    other  State  agencies,  or  State  residential  units attend
18    classes for the children with disabilities maintained by  the
19    school district, then reimbursement shall be paid to eligible
20    districts  in  accordance with the provisions of this Section
21    by the Comptroller as directed by the State Superintendent of
22    Education.
23        The  amount  of  tuition  for  such  children  shall   be
24    determined  by  the  actual cost of maintaining such classes,
25    using the per  capita  cost  formula  set  forth  in  Section
26    14-7.01,  such  program  and  cost  to be pre-approved by the
27    State Superintendent of Education.
28        On  forms  prepared  by  the  State   Superintendent   of
29    Education,   the  district  shall  certify  to  the  regional
30    superintendent the following:
31             (1)  The name of the home or State residential  unit
 
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 1        with  the  name of the owner or proprietor and address of
 2        those maintaining it;
 3             (2)  That  no  service  charges  or  other  payments
 4        authorized  by  law  were  collected  in  lieu  of  taxes
 5        therefrom or on account  thereof  during  either  of  the
 6        calendar  years  included  in  the  school year for which
 7        claim is being made;
 8             (3)  The number of children  qualifying  under  this
 9        Act  in  special education classes for instruction on the
10        site of the orphanages and children's homes;
11             (4)  The  number  of  children   attending   special
12        education classes for children with disabilities in which
13        the  district  is  a  participating  member  of a special
14        education joint agreement;
15             (5)  The  number  of  children   attending   special
16        education   classes   for   children   with  disabilities
17        maintained by the district;
18             (6)  The computed amount of tuition payment  claimed
19        as  due,  as  approved  by  the  State  Superintendent of
20        Education, for maintaining these classes.
21        If a school district  makes  a  claim  for  reimbursement
22    under  Section  18-3 or 18-4 of this Act it shall not include
23    in any claim filed  under  this  Section  a  claim  for  such
24    children.   Payments  authorized  by  law, including State or
25    federal grants for education of  children  included  in  this
26    Section, shall be deducted in determining the tuition amount.
27        Nothing  in this Act shall be construed so as to prohibit
28    reimbursement for the  tuition  of  children  placed  in  for
29    profit facilities.  Private facilities shall provide adequate
30    space  at the facility for special education classes provided
31    by a school district or joint  agreement  for  children  with
32    disabilities  who are residents of the facility at no cost to
33    the school district or joint agreement upon  request  of  the
34    school  district  or  joint  agreement.   If  such  a private
 
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 1    facility provides space at no cost to the district  or  joint
 2    agreement  for special education classes provided to children
 3    with disabilities who are  residents  of  the  facility,  the
 4    district  or  joint agreement shall not include any costs for
 5    the use of those facilities in its claim for reimbursement.
 6        Reimbursement  for  tuition  may  include  the  cost   of
 7    providing summer school programs for children with severe and
 8    profound  disabilities  served under this Section. Claims for
 9    that reimbursement shall be filed by November 1 and shall  be
10    paid  on  or  before December 15 from appropriations made for
11    the purposes of this Section.
12        The State Board of Education shall establish  such  rules
13    and   regulations  as  may  be  necessary  to  implement  the
14    provisions of this Section.
15        Claims filed on behalf of programs  operated  under  this
16    Section  housed  in a jail, detention center, or county-owned
17    shelter care facility shall be on an individual student basis
18    only for eligible students with disabilities.   These  claims
19    shall be in accordance with applicable rules.
20        Each   district  claiming  reimbursement  for  a  program
21    operated as a group program shall have an approved budget  on
22    file   with  the  State  Board  of  Education  prior  to  the
23    initiation of the  program's  operation.   On  September  30,
24    December 31, and March 31, the State Board of Education shall
25    voucher  payments  to  group programs based upon the approved
26    budget during the year of operation.  Final claims for  group
27    payments  shall  be filed on or before July 15.  Final claims
28    for group programs received at the State Board  of  Education
29    on  or  before  June 15 shall be vouchered by June 30.  Final
30    claims received at the State Board of Education between  June
31    16  and  July 15 shall be vouchered by August 30.  Claims for
32    group programs received after July 15 shall not be honored.
33        Each  district  claiming  reimbursement  for   individual
34    students   shall  have  the  eligibility  of  those  students
 
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 1    verified by the State Board of Education.  On  September  30,
 2    December 31, and March 31, the State Board of Education shall
 3    voucher  payments  for  individual  students  based  upon  an
 4    estimated cost calculated from the prior year's claim.  Final
 5    claims  for  individual  students for the regular school term
 6    must be received at the State Board of Education by July  15.
 7    Claims  for  individual students received after July 15 shall
 8    not be honored. Final claims for individual students shall be
 9    vouchered by August 30.
10        Reimbursement shall be made  based  upon  approved  group
11    programs or individual students.  The State Superintendent of
12    Education  shall  direct  the  Comptroller to pay a specified
13    amount  to  the  district  by  the  30th  day  of  September,
14    December, March, June,  or  August,  respectively.   However,
15    notwithstanding  any  other provisions of this Section or the
16    School Code, beginning with fiscal year 1994 and each  fiscal
17    year  thereafter  through  fiscal  year  2002,  if the amount
18    appropriated for any fiscal year  is  less  than  the  amount
19    required for purposes of this Section, the amount required to
20    eliminate  any  insufficient  reimbursement for each district
21    claim under this Section shall be reimbursed on August 30  of
22    the  next fiscal year, and the payments required to eliminate
23    any insufficiency for prior fiscal year claims shall be  made
24    before  any  claims  are  paid  for  the current fiscal year.
25    Notwithstanding any other provision of this Section  or  this
26    Code,  beginning  with  fiscal year 2003, total reimbursement
27    under this Section in any  fiscal  year  is  limited  to  the
28    amount  appropriated  for  that purpose for that fiscal year,
29    and if the amount appropriated for any fiscal  year  is  less
30    than  the  amount  required for purposes of this Section, the
31    insufficiency shall be apportioned pro rata among the  school
32    districts seeking reimbursement.
33        The  claim  of a school district otherwise eligible to be
34    reimbursed  in  accordance  with  Section  14-12.01  for  the
 
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 1    1976-77 school year but for this amendatory Act of 1977 shall
 2    not be paid unless  the  district  ceases  to  maintain  such
 3    classes for one entire school year.
 4        If  a school district's current reimbursement payment for
 5    the 1977-78 school year only is less than  the  prior  year's
 6    reimbursement  payment  owed,  the district shall be paid the
 7    amount of the difference between the payments in addition  to
 8    the  current  reimbursement  payment,  and the amount so paid
 9    shall  be  subtracted  from  the  amount  of   prior   year's
10    reimbursement payment owed to the district.
11        Regional  superintendents  may  operate special education
12    classes for children from orphanages,  foster  family  homes,
13    children's  homes  or  State housing units located within the
14    educational services region upon consent of the school  board
15    otherwise so obligated.  In electing to assume the powers and
16    duties of a school district in providing and maintaining such
17    a  special education program, the regional superintendent may
18    enter into joint agreements  with  other  districts  and  may
19    contract  with  public  or  private schools or the orphanage,
20    foster family home, children's home or State housing unit for
21    provision of the  special  education  program.  The  regional
22    superintendent  exercising  the  powers  granted  under  this
23    Section  shall  claim  the  reimbursement  authorized by this
24    Section directly from the State Board of Education.
25        Any child who is not a resident of Illinois who is placed
26    in a child  welfare  institution,  private  facility,  foster
27    family  home, State operated program, orphanage or children's
28    home shall have the payment for his educational  tuition  and
29    any related services assured by the placing agent.
30        Commencing July 1, 1992, for each disabled student who is
31    placed residentially by a State agency or the courts for care
32    or  custody  or  both  care  and custody, welfare, medical or
33    mental health treatment or both  medical  and  mental  health
34    treatment,  rehabilitation,  and  protection,  whether placed
 
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 1    there on, before, or  after  July  1,  1992,  the  costs  for
 2    educating  the  student  are eligible for reimbursement under
 3    this Section  providing  the  placing  agency  or  court  has
 4    notified  the  appropriate school district authorities of the
 5    status of student residency where applicable prior to or upon
 6    placement.
 7        The district of residence of  the  parent,  guardian,  or
 8    disabled  student as defined in Sections 14-1.11 and 14-1.11a
 9    is responsible for the actual costs of the student's  special
10    education  program  and  is  eligible for reimbursement under
11    this Section when placement is made by a State agency or  the
12    courts.  Payments  shall  be made by the resident district to
13    the district wherein the facility is  located  no  less  than
14    once per quarter unless otherwise agreed to in writing by the
15    parties.
16        When  a  dispute  arises  over  the  determination of the
17    district of residence, the district or districts  may  appeal
18    the  decision  in  writing  to  the  State  Superintendent of
19    Education.  The  decision  of  the  State  Superintendent  of
20    Education shall be final.
21        In  the  event a district does not make a tuition payment
22    to another district that is providing the  special  education
23    program  and  services,  the  State  Board of Education shall
24    immediately  withhold  125%  of  the  then  remaining  annual
25    tuition cost from the State aid or  categorical  aid  payment
26    due  to  the  school  district  that  is determined to be the
27    resident school district.  All funds withheld  by  the  State
28    Board  of  Education  shall  immediately  be forwarded to the
29    school district where the student is being served.
30        When a child eligible for  services  under  this  Section
31    14-7.03 must be placed in a nonpublic facility, that facility
32    shall  meet  the programmatic requirements of Section 14-7.02
33    and its regulations, and the educational  services  shall  be
34    funded   only   in  accordance  with  this  Section  14-7.03.
 
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 1    Administrative expenses  incurred  by  a  responsible  school
 2    district, as defined by rule, for children whose residence is
 3    other  than  a  foster  family home and who are educationally
 4    placed  pursuant  to  Section  14-7.02  of  this   Code   are
 5    reimbursable   in   accordance   with  this  Section.   These
 6    administrative expenses must be associated  with  supervisory
 7    and  case  coordination  responsibilities  specific  to these
 8    eligible students.
 9    (Source: P.A. 92-597, eff. 7-1-02; 92-877, eff. 1-7-03.)

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