Illinois General Assembly - Full Text of HB5532
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Full Text of HB5532  98th General Assembly

HB5532 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5532

 

Introduced , by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/1D-1
105 ILCS 5/14-7.02  from Ch. 122, par. 14-7.02
105 ILCS 5/14-7.02b
105 ILCS 5/14-7.02c new
105 ILCS 5/14-12.01 rep.

    Amends the School Code. Removes private tuition for special education from the list of programs that Chicago's educational services block grant shall include. In the Children with Disabilities Article, makes changes in provisions concerning children attending nonpublic schools or special education facilities, public out-of-state schools, or county special education facilities and funding for children requiring special education services; adds provisions concerning funding for children with excess cost; and repeals provisions concerning an account of expenditures, a cost report, and reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Sections
51D-1, 14-7.02, and 14-7.02b and by adding Section 14-7.02c as
6follows:
 
7    (105 ILCS 5/1D-1)
8    Sec. 1D-1. Block grant funding.
9    (a) For fiscal year 1996 and each fiscal year thereafter,
10the State Board of Education shall award to a school district
11having a population exceeding 500,000 inhabitants a general
12education block grant and an educational services block grant,
13determined as provided in this Section, in lieu of distributing
14to the district separate State funding for the programs
15described in subsections (b) and (c). The provisions of this
16Section, however, do not apply to any federal funds that the
17district is entitled to receive. In accordance with Section
182-3.32, all block grants are subject to an audit. Therefore,
19block grant receipts and block grant expenditures shall be
20recorded to the appropriate fund code for the designated block
21grant.
22    (b) The general education block grant shall include the
23following programs: REI Initiative, Summer Bridges, Preschool

 

 

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1At Risk, K-6 Comprehensive Arts, School Improvement Support,
2Urban Education, Scientific Literacy, Substance Abuse
3Prevention, Second Language Planning, Staff Development,
4Outcomes and Assessment, K-6 Reading Improvement, 7-12
5Continued Reading Improvement, Truants' Optional Education,
6Hispanic Programs, Agriculture Education, Parental Education,
7Prevention Initiative, Report Cards, and Criminal Background
8Investigations. Notwithstanding any other provision of law,
9all amounts paid under the general education block grant from
10State appropriations to a school district in a city having a
11population exceeding 500,000 inhabitants shall be appropriated
12and expended by the board of that district for any of the
13programs included in the block grant or any of the board's
14lawful purposes.
15    (c) The educational services block grant shall include the
16following programs: Regular and Vocational Transportation,
17State Lunch and Free Breakfast Program, Special Education
18(Personnel, Transportation, Orphanage, Private Tuition),
19funding for children requiring special education services,
20Summer School, Educational Service Centers, and
21Administrator's Academy. This subsection (c) does not relieve
22the district of its obligation to provide the services required
23under a program that is included within the educational
24services block grant. It is the intention of the General
25Assembly in enacting the provisions of this subsection (c) to
26relieve the district of the administrative burdens that impede

 

 

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1efficiency and accompany single-program funding. The General
2Assembly encourages the board to pursue mandate waivers
3pursuant to Section 2-3.25g.
4    The funding program included in the educational services
5block grant for funding for children requiring special
6education services in each fiscal year shall be treated in that
7fiscal year as a payment to the school district in respect of
8services provided or costs incurred in the prior fiscal year,
9calculated in each case as provided in this Section. Nothing in
10this Section shall change the nature of payments for any
11program that, apart from this Section, would be or, prior to
12adoption or amendment of this Section, was on the basis of a
13payment in a fiscal year in respect of services provided or
14costs incurred in the prior fiscal year, calculated in each
15case as provided in this Section.
16    (d) For fiscal year 1996 and each fiscal year thereafter,
17the amount of the district's block grants shall be determined
18as follows: (i) with respect to each program that is included
19within each block grant, the district shall receive an amount
20equal to the same percentage of the current fiscal year
21appropriation made for that program as the percentage of the
22appropriation received by the district from the 1995 fiscal
23year appropriation made for that program, and (ii) the total
24amount that is due the district under the block grant shall be
25the aggregate of the amounts that the district is entitled to
26receive for the fiscal year with respect to each program that

 

 

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1is included within the block grant that the State Board of
2Education shall award the district under this Section for that
3fiscal year. In the case of the Summer Bridges program, the
4amount of the district's block grant shall be equal to 44% of
5the amount of the current fiscal year appropriation made for
6that program.
7    (e) The district is not required to file any application or
8other claim in order to receive the block grants to which it is
9entitled under this Section. The State Board of Education shall
10make payments to the district of amounts due under the
11district's block grants on a schedule determined by the State
12Board of Education.
13    (f) A school district to which this Section applies shall
14report to the State Board of Education on its use of the block
15grants in such form and detail as the State Board of Education
16may specify. In addition, the report must include the following
17description for the district, which must also be reported to
18the General Assembly: block grant allocation and expenditures
19by program; population and service levels by program; and
20administrative expenditures by program. The State Board of
21Education shall ensure that the reporting requirements for the
22district are the same as for all other school districts in this
23State.
24    (g) This paragraph provides for the treatment of block
25grants under Article 1C for purposes of calculating the amount
26of block grants for a district under this Section. Those block

 

 

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1grants under Article 1C are, for this purpose, treated as
2included in the amount of appropriation for the various
3programs set forth in paragraph (b) above. The appropriation in
4each current fiscal year for each block grant under Article 1C
5shall be treated for these purposes as appropriations for the
6individual program included in that block grant. The proportion
7of each block grant so allocated to each such program included
8in it shall be the proportion which the appropriation for that
9program was of all appropriations for such purposes now in that
10block grant, in fiscal 1995.
11    Payments to the school district under this Section with
12respect to each program for which payments to school districts
13generally, as of the date of this amendatory Act of the 92nd
14General Assembly, are on a reimbursement basis shall continue
15to be made to the district on a reimbursement basis, pursuant
16to the provisions of this Code governing those programs.
17    (h) Notwithstanding any other provision of law, any school
18district receiving a block grant under this Section may
19classify all or a portion of the funds that it receives in a
20particular fiscal year from any block grant authorized under
21this Code or from general State aid pursuant to Section 18-8.05
22of this Code (other than supplemental general State aid) as
23funds received in connection with any funding program for which
24it is entitled to receive funds from the State in that fiscal
25year (including, without limitation, any funding program
26referred to in subsection (c) of this Section), regardless of

 

 

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1the source or timing of the receipt. The district may not
2classify more funds as funds received in connection with the
3funding program than the district is entitled to receive in
4that fiscal year for that program. Any classification by a
5district must be made by a resolution of its board of
6education. The resolution must identify the amount of any block
7grant or general State aid to be classified under this
8subsection (h) and must specify the funding program to which
9the funds are to be treated as received in connection
10therewith. This resolution is controlling as to the
11classification of funds referenced therein. A certified copy of
12the resolution must be sent to the State Superintendent of
13Education. The resolution shall still take effect even though a
14copy of the resolution has not been sent to the State
15Superintendent of Education in a timely manner. No
16classification under this subsection (h) by a district shall
17affect the total amount or timing of money the district is
18entitled to receive under this Code. No classification under
19this subsection (h) by a district shall in any way relieve the
20district from or affect any requirements that otherwise would
21apply with respect to the block grant as provided in this
22Section, including any accounting of funds by source, reporting
23expenditures by original source and purpose, reporting
24requirements, or requirements of provision of services.
25(Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11;
2697-813, eff. 7-13-12.)
 

 

 

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1    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
2    Sec. 14-7.02. Children attending private schools, public
3out-of-state schools, public school residential facilities or
4nonpublic private special education facilities. The General
5Assembly recognizes that nonpublic non-public schools or
6special education facilities provide an important service in
7the educational system in Illinois.
8    If because of his or her disability the special education
9program of a district is unable to meet the needs of a child
10and the child attends a nonpublic non-public school or special
11education facility, a public out-of-state school, or a special
12education facility owned and operated by a county government
13unit that provides special educational services required by the
14child and is in compliance with the appropriate rules and
15regulations of the State Superintendent of Education, the
16school district in which the child is a resident shall pay the
17actual cost of tuition for special education and related
18services provided during the regular school term and during the
19summer school term if the child's educational needs so require,
20excluding room and board charged by the nonpublic excluding
21room, board and transportation costs charged the child by that
22non-public school or special education facility, public
23out-of-state school, or county special education facility, or
24$4,500 per year, whichever is less, and shall provide him any
25necessary transportation. "Nonpublic special education

 

 

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1facility" shall include a residential facility, within or
2outside without the State of Illinois, which provides special
3education and related services to meet the needs of the child
4by utilizing private schools or public schools, whether located
5on the site or off the site of the residential facility.
6    The State Board of Education shall promulgate rules and
7regulations for determining when placement in a private special
8education facility is appropriate. Such rules and regulations
9shall take into account the various types of services needed by
10a child and the availability of such services to the particular
11child in the public school. In developing these rules and
12regulations the State Board of Education shall consult with the
13Advisory Council on Education of Children with Disabilities and
14hold public hearings to secure recommendations from parents,
15school personnel, and others concerned about this matter.
16    The State Board of Education shall also promulgate rules
17and regulations for transportation to and from a residential
18school. Transportation to and from home to a residential school
19more than once each school term shall be subject to prior
20approval by the State Superintendent in accordance with the
21rules and regulations of the State Board.
22    A school district making tuition payments pursuant to this
23Section is eligible for reimbursement from the State in
24accordance with Section 14-7.02c of this Code for the amount of
25such payments actually made in excess of the district per
26capita tuition charge for students not receiving special

 

 

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1education services. Such reimbursement shall be approved in
2accordance with Section 14-12.01 and each district shall file
3its claims, computed in accordance with rules prescribed by the
4State Board of Education, on forms prescribed by the State
5Superintendent of Education. Data used as a basis of
6reimbursement claims shall be for the preceding regular school
7term and summer school term. Each school district shall
8transmit its claims to the State Board of Education on or
9before August 15. The State Board of Education, before
10approving any such claims, shall determine their accuracy and
11whether they are based upon services and facilities provided
12under approved programs. Upon approval the State Board shall
13cause vouchers to be prepared showing the amount due for
14payment of reimbursement claims to school districts, for
15transmittal to the State Comptroller on the 30th day of
16September, December, and March, respectively, and the final
17voucher, no later than June 20. If the money appropriated by
18the General Assembly for such purpose for any year is
19insufficient, it shall be apportioned on the basis of the
20claims approved.
21    No child shall be placed in a special education program
22pursuant to this Section if the tuition cost for special
23education and related services increases more than 10 percent
24over the tuition cost for the previous school year or exceeds
25$4,500 per year unless such costs have been approved by the
26Illinois Purchased Care Review Board. The Illinois Purchased

 

 

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1Care Review Board shall consist of the following persons, or
2their designees: the Directors of Children and Family Services,
3Healthcare and Family Services Public Health, Public Aid, and
4the Governor's Office of Management and Budget; the Secretary
5of Human Services; the State Superintendent of Education; and
6such other persons as the Governor may designate. The Review
7Board shall establish rules and regulations for its
8determination of allowable costs and payments made by local
9school districts for special education, room and board, and
10other related services provided by nonpublic non-public
11schools or special education facilities and shall establish
12uniform standards and criteria which it shall follow.
13    The Review Board shall establish uniform definitions and
14criteria for accounting separately by special education, room
15and board and other related services costs. The Board shall
16also establish guidelines for the coordination of services and
17financial assistance provided by all State agencies to assure
18that no otherwise qualified disabled child receiving services
19under Article 14 shall be excluded from participation in, be
20denied the benefits of or be subjected to discrimination under
21any program or activity provided by any State agency.
22    The Review Board shall review the costs for special
23education and related services provided by nonpublic
24non-public schools or special education facilities and shall
25approve or disapprove such facilities in accordance with the
26rules and regulations established by it with respect to

 

 

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1allowable costs.
2    The State Board of Education shall provide administrative
3and staff support for the Review Board as deemed reasonable by
4the State Superintendent of Education. This support shall not
5include travel expenses or other compensation for any Review
6Board member other than the State Superintendent of Education.
7    The Review Board shall seek the advice of the Advisory
8Council on Education of Children with Disabilities on the rules
9and regulations to be promulgated by it relative to providing
10special education services.
11    If a child has been placed in a program in which the actual
12per pupil costs of tuition for special education and related
13services based on program enrollment, excluding room, board and
14transportation costs, exceed $4,500 and such costs have been
15approved by the Review Board, the district shall pay such total
16costs which exceed $4,500. A district making such tuition
17payments in excess of $4,500 pursuant to this Section shall be
18responsible for an amount in excess of $4,500 equal to the
19district per capita tuition charge and shall be eligible for
20reimbursement from the State for the amount of such payments
21actually made in excess of the districts per capita tuition
22charge for students not receiving special education services.
23    If a child has been placed in an approved individual
24program and the tuition costs including room and board costs
25have been approved by the Review Board, then such room and
26board costs shall be paid by the appropriate State agency

 

 

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1subject to the provisions of Section 14-8.01 of this Act. Room
2and board costs not provided by a State agency other than the
3State Board of Education shall be provided by the State Board
4of Education on a current basis. In no event, however, shall
5the State's liability for funding of the these tuition costs,
6including room and board costs, begin until after the legal
7obligations of third party payees payors have been subtracted
8from such costs. If the money appropriated by the General
9Assembly for such purpose for any year is insufficient, it
10shall be apportioned on the basis of the claims approved. Each
11district shall submit room and board estimated claims to the
12State Superintendent of Education. Upon approval of such
13claims, the State Superintendent of Education shall direct the
14State Comptroller to make payments on submitted claims a
15monthly basis. The frequency for submitting estimated claims
16and the method of determining payment shall be prescribed in
17rules and regulations adopted by the State Board of Education.
18Such current state reimbursement shall be reduced by an amount
19equal to the proceeds which the child or child's parents or
20legal guardian are eligible to receive under any public or
21private insurance or assistance program. Nothing in this
22Section shall be construed as relieving an insurer or similar
23third party from an otherwise valid obligation to provide or to
24pay for services provided to a disabled child.
25    If it otherwise qualifies, a school district is eligible
26for the transportation reimbursement under Section 14-13.01

 

 

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1and for the reimbursement of tuition payments under this
2Section whether the nonpublic non-public school or special
3education facility, public out-of-state school, or county
4special education facility, attended by a child who resides in
5that district and requires special educational services, is
6within or outside of the State of Illinois. However, a district
7is not eligible to claim transportation reimbursement under
8this Section unless the district certifies to the State
9Superintendent of Education that the district is unable to
10provide special educational services required by the child for
11the current school year.
12    Nothing in this Section authorizes the reimbursement of a
13school district for the amount paid for tuition of a child
14attending a nonpublic non-public school or special education
15facility, public out-of-state school, or county special
16education facility unless the school district certifies to the
17State Superintendent of Education that the special education
18program of that district is unable to meet the needs of that
19child because of his disability and the State Superintendent of
20Education finds that the school district is in substantial
21compliance with Section 14-4.01. However, if a child is
22unilaterally placed by a State agency or any court in a
23nonpublic non-public school or special education facility,
24public out-of-state school, or county special education
25facility, a school district shall not be required to certify to
26the State Superintendent of Education, for the purpose of

 

 

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1tuition reimbursement, that the special education program of
2that district is unable to meet the needs of a child because of
3his or her disability.
4    Any educational or related services provided, pursuant to
5this Section in a nonpublic non-public school or special
6education facility or a special education facility owned and
7operated by a county government unit shall be at no cost to the
8parent or guardian of the child. However, current law and
9practices relative to contributions by parents or guardians for
10costs other than educational or related services are not
11affected by this amendatory Act of 1978.
12    Reimbursement for children attending public school
13residential facilities shall be made in accordance with the
14provisions of this Section.
15    Notwithstanding any other provision of law, any school
16district receiving a payment under this Section or under
17Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
18all or a portion of the funds that it receives in a particular
19fiscal year or from general State aid pursuant to Section
2018-8.05 of this Code as funds received in connection with any
21funding program for which it is entitled to receive funds from
22the State in that fiscal year (including, without limitation,
23any funding program referenced in this Section), regardless of
24the source or timing of the receipt. The district may not
25classify more funds as funds received in connection with the
26funding program than the district is entitled to receive in

 

 

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1that fiscal year for that program. Any classification by a
2district must be made by a resolution of its board of
3education. The resolution must identify the amount of any
4payments or general State aid to be classified under this
5paragraph and must specify the funding program to which the
6funds are to be treated as received in connection therewith.
7This resolution is controlling as to the classification of
8funds referenced therein. A certified copy of the resolution
9must be sent to the State Superintendent of Education. The
10resolution shall still take effect even though a copy of the
11resolution has not been sent to the State Superintendent of
12Education in a timely manner. No classification under this
13paragraph by a district shall affect the total amount or timing
14of money the district is entitled to receive under this Code.
15No classification under this paragraph by a district shall in
16any way relieve the district from or affect any requirements
17that otherwise would apply with respect to that funding
18program, including any accounting of funds by source, reporting
19expenditures by original source and purpose, reporting
20requirements, or requirements of providing services.
21(Source: P.A. 93-1022, eff. 8-24-04; 94-177, eff. 7-12-05.)
 
22    (105 ILCS 5/14-7.02b)
23    Sec. 14-7.02b. Funding for children requiring special
24education services. Payments to school districts for children
25requiring special education services documented in their

 

 

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1individualized education program regardless of the program
2from which these services are received, excluding children
3identified claimed under Sections 14-7.02, and 14-7.03, and
414-11.02 of this Code, shall be made in accordance with this
5Section. Funds received under this Section may be used only for
6the provision of special educational facilities and services as
7defined in Section 14-1.08 of this Code.
8    The appropriation for fiscal year 2005 and thereafter shall
9be based upon the IDEA child count of all students in the
10State, excluding students identified claimed under Sections
1114-7.02, and 14-7.03, and 14-11.02 of this Code, on December 1
12of the fiscal year 2 years preceding, multiplied by 17.5% of
13the general State aid foundation level of support established
14for that fiscal year under Section 18-8.05 of this Code.
15    Beginning with fiscal year 2005 and through fiscal year
162007, individual school districts shall not receive payments
17under this Section totaling less than they received under the
18funding authorized under Section 14-7.02a of this Code during
19fiscal year 2004, pursuant to the provisions of Section
2014-7.02a as they were in effect before the effective date of
21this amendatory Act of the 93rd General Assembly. This base
22level funding shall be computed first.
23    Beginning with fiscal year 2008 and each fiscal year
24thereafter, individual school districts must not receive
25payments under this Section totaling less than they received in
26fiscal year 2007. This funding shall be computed last and shall

 

 

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1be a separate calculation from any other calculation set forth
2in this Section. This amount is exempt from the requirements of
3Section 1D-1 of this Code.
4    An amount equal to 85% of the funds remaining in the
5appropriation shall be allocated to school districts based upon
6the district's average daily attendance reported for purposes
7of Section 18-8.05 of this Code for the preceding school year.
8Fifteen percent of the funds remaining in the appropriation
9shall be allocated to school districts based upon the
10district's low income eligible pupil count used in the
11calculation of general State aid under Section 18-8.05 of this
12Code for the same fiscal year. One hundred percent of the funds
13computed and allocated to districts under this Section shall be
14distributed and paid to school districts.
15    For individual students with disabilities whose program
16costs exceed 4 times the district's per capita tuition rate as
17calculated under Section 10-20.12a of this Code, the costs in
18excess of 4 times the district's per capita tuition rate shall
19be paid by the State Board of Education from unexpended IDEA
20discretionary funds originally designated for room and board
21reimbursement pursuant to Section 14-8.01 of this Code. The
22amount of tuition for these children shall be determined by the
23actual cost of maintaining classes for these children, using
24the per capita cost formula set forth in Section 14-7.01 of
25this Code, with the program and cost being pre-approved by the
26State Superintendent of Education. Reimbursement for

 

 

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1individual students with disabilities whose program costs
2exceed 4 times the district's per capita tuition rate shall be
3claimed beginning with costs encumbered for the 2004-2005
4school year and thereafter.
5    The State Board of Education shall prepare vouchers equal
6to one-fourth the amount allocated to districts, for
7transmittal to the State Comptroller on the 30th day of
8September 30, December 31, and March 31, respectively, and the
9final voucher, no later than June 20. The Comptroller shall
10make payments pursuant to this Section to school districts as
11soon as possible after receipt of vouchers. If the money
12appropriated from the General Assembly for such purposes for
13any year is insufficient, it shall be apportioned on the basis
14of the payments due to school districts.
15    Nothing in this Section shall be construed to decrease or
16increase the percentage of all special education funds that are
17allocated annually under Article 1D of this Code or to alter
18the requirement that a school district provide special
19education services.
20    Nothing in this amendatory Act of the 93rd General Assembly
21shall eliminate any reimbursement obligation owed as of the
22effective date of this amendatory Act of the 93rd General
23Assembly to a school district with in excess of 500,000
24inhabitants.
25(Source: P.A. 93-1022, eff. 8-24-08. 95-705, eff. 1-8-08.)
 

 

 

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1    (105 ILCS 5/14-7.02c new)
2    Sec. 14-7.02c. Funding for children with excess cost.
3Payments to school districts and State-authorized charter
4schools for children requiring special education services as
5documented in their individualized educational programs,
6regardless of the program from which these services are
7received, excluding children claimed under Section 14-7.03 of
8this Code, shall be made in accordance with this Section. Funds
9received under this Section may be used only for the provision
10of special educational facilities and services as defined in
11Section 14-1.08 of this Code and tuition payments to nonpublic
12special education facilities as defined in Section 14-7.02 of
13this Code.
14    Each school district and State-authorized charter school
15shall keep an accurate, detailed, and separate account of all
16expenditures for the maintenance of each of the types of
17facilities, classes, and schools authorized by this Article for
18the instruction and care of pupils attending them and for the
19cost of their transportation.
20    The amount of tuition for children, excluding children
21designated under Section 14-7.02 of this Code, shall be
22determined using the per capita cost formula set forth in
23Section 14-7.01 of this Code and rules adopted by the State
24Board of Education.
25    The amount of tuition for children attending public
26out-of-state schools or nonpublic special education facilities

 

 

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1designated under Section 14-7.02 of this Code shall be
2determined in accordance with the costs approved by the Review
3Board in Section 14-7.02 of this Code, with the program being
4pre-approved by the State Superintendent of Education.
5    Each district or State-authorized charter school shall
6transmit its claims in a manner prescribed by the State
7Superintendent of Education on or before August 15 of each
8year. Tuition payments shall be claimed for the preceding
9regular school term and summer term following. The State Board
10of Education shall determine the accuracy of the claims and
11whether they are based upon services and facilities provided
12under approved programs as defined in this Code.
13    For children identified under Section 14-7.02 of this Code,
14the State Board of Education shall reimburse each school
15district the tuition amount approved by the Review Board and
16paid for the regular and following summer term less 2.33 times
17the per capita tuition charge of the resident district for
18claims transmitted for the 2014-2015 school year, 2.66 times
19the per capita tuition charge for claims transmitted for the
202015-2016 school year, and 3 times the per capita tuition
21charge for claims transmitted in the 2016-2017 school year and
22every school year thereafter.
23    For children, excluding those children identified under
24Sections 14-7.02 and 14-7.03 of this Code, the State Board of
25Education shall reimburse each school district the education
26costs for each child, plus a maximum of 20% of transportation

 

 

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1costs if approved as a related service in the individualized
2educational program, for the regular and following summer term
3less 3.66 times the per capita tuition charge of the resident
4district for claims transmitted in the 2014-2015 school year,
53.33 times the per capita tuition charge for claims transmitted
6in the 2015-2016 school year, and 3 times the per capita
7tuition charge for claims transmitted in the 2016-2017 school
8year and every school year thereafter.
9    The per capita tuition charge under this Section shall be
10set in accordance with the calculation set forth in Section
1118-3 of this Code. The maximum State reimbursement for children
12claimed under this Section is $100,000.
13    The State Board of Education shall prepare vouchers for the
14amount due to each school district and transmit them to the
15Office of the Comptroller on or before September 30, December
1631, and March 31, respectively, and the final voucher no later
17than June 20. If, after preparation and transmission of the
18September 30 vouchers, any claim has been adjusted by the State
19Superintendent of Education, subsequent vouchers shall be
20recomputed to compensate for any overpayment or underpayment
21previously made. If the money appropriated by the General
22Assembly for such purpose for any year is insufficient, it
23shall be apportioned on the basis of the claims approved.
24    Notwithstanding any other provision of law, any school
25district receiving a payment under this Section or under
26Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify

 

 

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1all or a portion of the funds that it receives in a particular
2fiscal year or from general State aid under Section 18-8.05 of
3this Code as funds received in connection with any funding
4program for which it is entitled to receive funds from the
5State in that fiscal year (including without limitation any
6funding program referenced in this Section), regardless of the
7source or timing of the receipt. The school district may not
8classify more funds as funds received in connection with the
9funding program than the school district is entitled to receive
10in that fiscal year for that program. Any classification by a
11school district shall be made by resolution of its school
12board. The resolution shall identify the amount of any payments
13or general State aid to be classified under this Section and
14shall specify the funding program to which the funds are to be
15treated as received. The resolution shall control the
16classification of referenced funds. A certified copy of the
17resolution shall be sent to the State Superintendent of
18Education. The resolution shall take effect without regard to
19whether a copy of the resolution has been sent to the State
20Superintendent of Education in a timely manner. No
21classification under this Section by a school district shall
22affect the total amount or timing of money the school district
23is entitled to receive under this Code. No classification under
24this Section by a school district shall in any way relieve the
25school district from or affect any requirements that otherwise
26would apply with respect to that funding program, including any

 

 

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1accounting of funds by source, reporting expenditures by
2original source and purpose, reporting requirements, or
3requirements of providing services.
 
4    (105 ILCS 5/14-12.01 rep.)
5    Section 10. The School Code is amended by repealing Section
614-12.01.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.