093_SB0191enr

 
SB191 Enrolled                       LRB093 07892 NHT 08082 b

 1        AN ACT in relation to schools.

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

 6        Section 99.  Effective date.  This Act  takes  effect  on
 7    July 1, 2003.