Full Text of SB1856 94th General Assembly
SB1856 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1856
Introduced 2/25/2005, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
|
105 ILCS 5/14-7.03 |
from Ch. 122, par. 14-7.03 |
|
Amends the School Code. Makes a technical change in a Section concerning
special education classes for children from orphanages, foster family homes,
children's homes, or State housing units.
Effective immediately. |
| |
|
|
A BILL FOR
|
|
|
|
|
SB1856 |
|
LRB094 05848 LJB 35902 b |
|
| 1 |
| AN ACT concerning 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 Section | 5 |
| 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 State | 9 |
| Housing Units. If a
school district maintains special education | 10 |
| classes on the
the site of
orphanages and children's homes, or | 11 |
| if children from the orphanages,
children's homes, foster | 12 |
| family homes, other State agencies, or State
residential units | 13 |
| for children attend classes for children with disabilities
in | 14 |
| which the school district is a participating member of a joint
| 15 |
| agreement, or if the children from the orphanages, children's | 16 |
| homes,
foster family homes, other State agencies, or State | 17 |
| residential units
attend classes for the children with | 18 |
| disabilities maintained by the school
district, then | 19 |
| reimbursement shall be paid to eligible districts in
accordance | 20 |
| with the provisions of this Section by the Comptroller as | 21 |
| directed
by the State Superintendent of Education.
| 22 |
| The amount of tuition for such children shall be determined | 23 |
| by the
actual cost of maintaining such classes, using the per | 24 |
| capita cost formula
set forth in Section 14-7.01, such program | 25 |
| and cost to be pre-approved by
the State Superintendent of | 26 |
| Education.
| 27 |
| On forms prepared by the State Superintendent of Education, | 28 |
| the
district shall certify to the regional superintendent the | 29 |
| following:
| 30 |
| (1) The name of the home or State residential unit with | 31 |
| the name of
the owner or proprietor and address of those | 32 |
| maintaining it;
|
|
|
|
SB1856 |
- 2 - |
LRB094 05848 LJB 35902 b |
|
| 1 |
| (2) That no service charges or other payments | 2 |
| authorized by law were
collected in lieu of taxes therefrom | 3 |
| or on account thereof during either
of the calendar years | 4 |
| included in the school year for which claim is
being made;
| 5 |
| (3) The number of children qualifying under this Act in | 6 |
| special
education classes for instruction on the site of | 7 |
| the orphanages and
children's homes;
| 8 |
| (4) The number of children attending special education | 9 |
| classes for children with disabilities in which the | 10 |
| district is a
participating member of
a special education | 11 |
| joint agreement;
| 12 |
| (5) The number of children attending special education | 13 |
| classes for children with disabilities maintained by the | 14 |
| district;
| 15 |
| (6) The computed amount of tuition payment claimed as | 16 |
| due, as
approved by the State Superintendent of Education, | 17 |
| for maintaining these
classes.
| 18 |
| If a school district makes a claim for reimbursement under | 19 |
| Section
18-3 or 18-4 of this Act it shall not include in any | 20 |
| claim filed under
this Section a claim for such children. | 21 |
| Payments authorized by law,
including State or federal grants | 22 |
| for education of children included in
this Section, shall be | 23 |
| deducted in determining the tuition amount.
| 24 |
| Nothing in this Act shall be construed so as to prohibit
| 25 |
| reimbursement for the tuition of children placed in for profit | 26 |
| facilities.
Private facilities shall provide adequate space at | 27 |
| the
facility for special education classes provided by a school | 28 |
| district or
joint agreement for children with disabilities who | 29 |
| are
residents of the
facility at no cost to the school district | 30 |
| or joint agreement upon
request of the school district or joint | 31 |
| agreement. If such a private
facility provides space at no cost | 32 |
| to the district or joint agreement
for special education | 33 |
| classes provided to children with
disabilities who are
| 34 |
| residents of the facility, the district or joint agreement | 35 |
| shall not
include any costs for the use of those facilities in | 36 |
| its claim for
reimbursement.
|
|
|
|
SB1856 |
- 3 - |
LRB094 05848 LJB 35902 b |
|
| 1 |
| Reimbursement for tuition may include the cost of providing | 2 |
| summer
school programs for children with severe and profound | 3 |
| disabilities served
under this Section. Claims for that | 4 |
| reimbursement shall be filed by
November 1 and shall be paid on | 5 |
| or before December 15 from
appropriations made for the purposes | 6 |
| of this Section.
| 7 |
| The State Board of Education shall establish such rules and
| 8 |
| regulations as may be necessary to implement the provisions of | 9 |
| this
Section.
| 10 |
| Claims filed on behalf of programs operated under this | 11 |
| Section housed in a
jail, detention center, or county-owned | 12 |
| shelter care facility
shall be on an individual student basis | 13 |
| only for
eligible students with disabilities. These claims | 14 |
| shall be in accordance with
applicable rules.
| 15 |
| Each district claiming reimbursement for a program | 16 |
| operated as a group
program shall have an approved budget on | 17 |
| file with the State Board of
Education prior to the initiation | 18 |
| of the program's operation. On September
30, December 31, and | 19 |
| March 31, the State Board of Education shall voucher
payments | 20 |
| to group programs based upon the approved budget during the | 21 |
| year
of operation. Final claims for group payments shall be | 22 |
| filed on or before
July 15. Final claims for group programs | 23 |
| received at the State
Board of
Education on or before June 15 | 24 |
| shall be vouchered by June 30. Final claims
received at the | 25 |
| State Board of Education between June 16 and July 15
shall be | 26 |
| vouchered by August 30. Claims for group programs
received
| 27 |
| after July 15 shall not be honored.
| 28 |
| Each district claiming reimbursement for individual | 29 |
| students shall have the
eligibility of those students verified | 30 |
| by the State Board of Education. On
September 30, December 31, | 31 |
| and March 31, the State Board of Education shall
voucher | 32 |
| payments for individual students based upon an estimated cost
| 33 |
| calculated from the prior year's claim. Final claims for | 34 |
| individual students
for the regular school term must be | 35 |
| received at the State Board of Education by
July 15. Claims for | 36 |
| individual students received after July 15 shall not
be |
|
|
|
SB1856 |
- 4 - |
LRB094 05848 LJB 35902 b |
|
| 1 |
| honored. Final claims for individual students shall be | 2 |
| vouchered by
August 30.
| 3 |
| Reimbursement shall be made based upon approved group | 4 |
| programs or
individual students. The State Superintendent of | 5 |
| Education shall direct the
Comptroller to pay a specified | 6 |
| amount to the district by the 30th day of
September, December, | 7 |
| March, June, or August, respectively. However,
notwithstanding | 8 |
| any other provisions of this Section or the School Code,
| 9 |
| beginning with fiscal year 1994 and each fiscal year | 10 |
| thereafter, if the amount appropriated for any fiscal year
is | 11 |
| less than the amount required for purposes of this Section, the | 12 |
| amount
required to eliminate any insufficient reimbursement | 13 |
| for each district claim
under this Section shall be reimbursed | 14 |
| on August 30 of the next fiscal
year. Payments required to | 15 |
| eliminate any insufficiency for prior
fiscal year claims shall | 16 |
| be made before any claims are paid for the current
fiscal year.
| 17 |
| The claim of a school district otherwise eligible to be | 18 |
| reimbursed in
accordance with Section 14-12.01 for the 1976-77 | 19 |
| school year but for
this amendatory Act of 1977 shall not be | 20 |
| paid unless the district ceases
to maintain such classes for | 21 |
| one entire school year.
| 22 |
| If a school district's current reimbursement payment for | 23 |
| the 1977-78
school year only is less than the prior year's | 24 |
| reimbursement payment
owed, the district shall be paid the | 25 |
| amount of the difference between
the payments in addition to | 26 |
| the current reimbursement payment, and the
amount so paid shall | 27 |
| be subtracted from the amount of prior year's
reimbursement | 28 |
| payment owed to the district.
| 29 |
| Regional superintendents may operate special education | 30 |
| classes for
children from orphanages, foster family homes, | 31 |
| children's homes or State
housing units located within the | 32 |
| educational services region upon consent
of the school board | 33 |
| otherwise so obligated. In electing to assume the
powers and | 34 |
| duties of a school district in providing and maintaining such a
| 35 |
| special education program, the regional superintendent may | 36 |
| enter into joint
agreements with other districts and may |
|
|
|
SB1856 |
- 5 - |
LRB094 05848 LJB 35902 b |
|
| 1 |
| contract with public or private
schools or the orphanage, | 2 |
| foster family home, children's home or State
housing unit for | 3 |
| provision of the special education program. The regional
| 4 |
| superintendent exercising the powers granted under this | 5 |
| Section shall claim
the reimbursement authorized by this | 6 |
| Section directly from the State Board
of Education.
| 7 |
| Any child who is not a resident of Illinois who is placed | 8 |
| in a child
welfare institution, private facility, foster family | 9 |
| home, State operated
program, orphanage or children's home | 10 |
| shall have the payment for his
educational tuition and any | 11 |
| related services assured by the placing agent.
| 12 |
| Commencing July 1, 1992, for each disabled student who is | 13 |
| placed
residentially by a State agency or the courts for care | 14 |
| or custody or both
care and custody, welfare, medical or mental | 15 |
| health treatment or both medical
and mental health treatment, | 16 |
| rehabilitation, and protection, whether placed
there on, | 17 |
| before, or after July 1, 1992, the costs for educating the | 18 |
| student
are eligible for reimbursement under this Section | 19 |
| providing the placing agency
or court has notified the | 20 |
| appropriate school district authorities of the status
of | 21 |
| student residency where applicable prior to or upon placement.
| 22 |
| The district of residence of the parent, guardian, or | 23 |
| disabled student as
defined in Sections 14-1.11 and 14-1.11a is | 24 |
| responsible for the actual costs of
the student's special | 25 |
| education program and is eligible for reimbursement under
this | 26 |
| Section when placement is made by a State agency or the courts.
| 27 |
| Payments shall be made by the resident district to the district | 28 |
| wherein the
facility is located no less than once per quarter | 29 |
| unless otherwise agreed to in
writing by the parties.
| 30 |
| When a dispute arises over the determination of the | 31 |
| district of
residence, the district or districts may appeal the | 32 |
| decision in writing to
the State Superintendent of Education. | 33 |
| The decision of the State
Superintendent of Education shall be | 34 |
| final.
| 35 |
| In the event a district does not make a tuition
payment to | 36 |
| another district that is providing the special education
|
|
|
|
SB1856 |
- 6 - |
LRB094 05848 LJB 35902 b |
|
| 1 |
| program and services, the State Board of Education shall | 2 |
| immediately
withhold 125% of
the then remaining annual tuition | 3 |
| cost from the State aid or categorical
aid payment due to the
| 4 |
| school district that is determined to be the resident school | 5 |
| district. All
funds withheld by the State Board of Education | 6 |
| shall immediately be
forwarded to the
school district where the | 7 |
| student is being served.
| 8 |
| When a child eligible for services under this Section | 9 |
| 14-7.03 must be
placed in a nonpublic facility, that facility | 10 |
| shall meet the programmatic
requirements of Section 14-7.02 and | 11 |
| its regulations, and the educational
services shall be funded | 12 |
| only in accordance with this Section 14-7.03.
| 13 |
| (Source: P.A. 92-597, eff. 7-1-02; 92-877, eff. 1-7-03; 93-609, | 14 |
| eff. 11-20-03.)
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law. |
|