Full Text of SB2210 94th General Assembly
SB2210 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2210
Introduced 1/11/2006, by Sen. M. Maggie Crotty SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/18-3 |
from Ch. 122, par. 18-3 |
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Amends the School Code. Makes a technical change in a Section concerning tuition of children from orphanages and children's homes.
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A BILL FOR
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SB2210 |
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LRB094 18051 NHT 53356 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 18-3 as follows: | 6 |
| (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
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| Sec. 18-3. Tuition of children from orphanages and
and
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| children's homes.
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| When the children from any home for orphans, dependent, | 10 |
| abandoned or
maladjusted children maintained by any | 11 |
| organization or association
admitting to such home children | 12 |
| from the State in general or when children
residing in a school | 13 |
| district wherein the State of Illinois maintains and
operates | 14 |
| any welfare or penal institution on property owned by
the State | 15 |
| of Illinois, which contains houses, housing units or housing
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| accommodations within a school district, attend grades | 17 |
| kindergarten through
12 of the public schools maintained by | 18 |
| that school district, the
State Superintendent of Education | 19 |
| shall direct the State Comptroller to
pay a specified amount | 20 |
| sufficient to pay the annual tuition cost of such
children who | 21 |
| attended such public schools during the regular school year
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| ending on June 30 or the summer term for that school year, and | 23 |
| the
Comptroller shall pay the amount after receipt of a voucher
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| submitted by the State Superintendent of Education.
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| The amount of the tuition for such children attending the | 26 |
| public schools
of the district shall be determined by the State | 27 |
| Superintendent of
Education by multiplying the number of such | 28 |
| children in average daily
attendance in such schools by 1.2 | 29 |
| times the total annual per capita cost of
administering the | 30 |
| schools of the district. Such total annual per capita
cost | 31 |
| shall be determined by totaling all expenses of the school | 32 |
| district in
the educational, operations and maintenance, bond |
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LRB094 18051 NHT 53356 b |
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| and interest,
transportation, Illinois municipal retirement, | 2 |
| and rent funds for the
school year preceding the filing of such | 3 |
| tuition claims less expenditures
not applicable to the regular | 4 |
| K-12 program, less offsetting revenues from
State sources | 5 |
| except those from the common school fund, less offsetting
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| revenues from federal sources except those from federal | 7 |
| impaction aid, less
student and community service revenues, | 8 |
| plus a depreciation allowance; and
dividing such total by the | 9 |
| average daily attendance for the year.
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| Annually on or before June 30 the superintendent of the | 11 |
| district upon forms
prepared by the State Superintendent of | 12 |
| Education shall certify to the regional
superintendent the | 13 |
| following:
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| 1. The name of the home and of the organization or | 15 |
| association
maintaining it; or the legal description of the | 16 |
| real estate upon which the
house, housing units, or housing | 17 |
| accommodations are located and that no
taxes or service | 18 |
| charges or other payments authorized by law to be made in
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| lieu of taxes were collected therefrom or on account | 20 |
| thereof during either
of the calendar years included in the | 21 |
| school year for which claim is being
made;
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| 2. The number of children from the home or living in | 23 |
| such houses,
housing units or housing accommodations and | 24 |
| attending the schools of the
district;
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| 3. The total number of children attending the schools | 26 |
| of the district;
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| 4. The per capita tuition charge of the district; and
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| 5. The computed amount of the tuition payment claimed | 29 |
| as due.
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| Whenever the persons in charge of such home for orphans, | 31 |
| dependent, abandoned
or maladjusted children have received | 32 |
| from the parent or guardian of any such
child or by virtue of | 33 |
| an order of court a specific allowance for educating
such | 34 |
| child, such persons shall pay to the school board in the | 35 |
| district
where the child attends school such amount of the | 36 |
| allowance as is necessary
to pay the tuition required by such |
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| district for the education of the
child. If the allowance is | 2 |
| insufficient to pay the tuition in full the
State | 3 |
| Superintendent of Education shall direct the Comptroller to pay | 4 |
| to
the district the difference between the total tuition | 5 |
| charged and the
amount of the allowance.
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| Whenever the facilities of a school district in which such | 7 |
| house,
housing units or housing accommodations are located, are | 8 |
| limited, pupils
may be assigned by that district to the schools | 9 |
| of any adjacent district to
the limit of the facilities of the | 10 |
| adjacent district to properly educate
such pupils as shall be | 11 |
| determined by the school board of the adjacent
district, and | 12 |
| the State Superintendent of Education shall direct the
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| Comptroller to pay a specified amount sufficient to pay the | 14 |
| annual tuition
of the children so assigned to and attending | 15 |
| public schools in the adjacent
districts and the Comptroller | 16 |
| shall draw his warrant upon the State
Treasurer for the payment | 17 |
| of such amount for the benefit of the adjacent
school districts | 18 |
| in the same manner as for districts in which the houses,
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| housing units or housing accommodations are located.
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| The school district shall certify to the State | 21 |
| Superintendent of Education
the report of claims due for such | 22 |
| tuition payments on or before
July 31. Failure on the part of | 23 |
| the school board to certify its claim on
July 31 shall | 24 |
| constitute a forfeiture by the district of its right to the
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| payment of any such tuition claim for the school year. The
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| State Superintendent of Education shall direct the Comptroller | 27 |
| to pay to the
district, on or before August 15, the amount due | 28 |
| the district for the school
year in accordance with the | 29 |
| calculation of the claim as set forth in this
Section.
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| Claims for tuition for children from any home for orphans | 31 |
| or dependent,
abandoned, or maladjusted children beginning | 32 |
| with the 1993-1994 school year
shall be paid on a current year | 33 |
| basis. On September 30, December 31, and
March 31, the State | 34 |
| Board of Education shall voucher payments for districts
with | 35 |
| those students based on an estimated cost calculated from the | 36 |
| prior
year's claim. Final claims for those students for the |
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| regular school term
and summer term must be received at the | 2 |
| State Board of Education by July 31
following the end of the | 3 |
| regular school year. Final claims for those students
shall be | 4 |
| vouchered by August 15. During fiscal year 1994 both the | 5 |
| 1992-1993
school year and the 1993-1994 school year shall be | 6 |
| paid in order to change the
cycle of payment from a | 7 |
| reimbursement basis to a current year funding basis of
payment. | 8 |
| However, notwithstanding any other provisions of this Section | 9 |
| or the
School Code, beginning with fiscal year 1994 and each | 10 |
| fiscal year thereafter
, if the amount appropriated for any | 11 |
| fiscal year is
less than the amount required for purposes of | 12 |
| this Section, the amount required
to eliminate any insufficient | 13 |
| reimbursement for each district claim under this
Section shall | 14 |
| be reimbursed on August 30 of the next fiscal year. Payments | 15 |
| required to eliminate any insufficiency for prior fiscal
year | 16 |
| claims shall be made before any claims are paid for the current | 17 |
| fiscal
year.
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| If a school district makes a claim for reimbursement under | 19 |
| Section 18-4
or 14-7.03 it shall not include in any claim filed | 20 |
| under this Section
children residing on the property of State | 21 |
| institutions included in its
claim under Section 18-4 or | 22 |
| 14-7.03.
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| Any child who is not a resident of Illinois who is placed | 24 |
| in a child
welfare institution, private facility, State | 25 |
| operated program, orphanage
or children's home shall have the | 26 |
| payment for his educational tuition and
any related services | 27 |
| assured by the placing agent.
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| In order to provide services appropriate to allow a student | 29 |
| under the legal
guardianship or custodianship of the State to | 30 |
| participate in local school
district educational programs, | 31 |
| costs may be incurred in appropriate cases by
the
district that | 32 |
| are in excess of 1.2 times the district per capita tuition | 33 |
| charge
allowed under the provisions of this Section. In the | 34 |
| event such excess costs
are incurred, they must be documented | 35 |
| in accordance with cost rules established
under the authority | 36 |
| of this Section and may then be claimed for reimbursement
under |
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| this Section.
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| Planned services for students eligible for this funding | 3 |
| must be a
collaborative effort between the appropriate State | 4 |
| agency or the student's
group home or institution and the local | 5 |
| school district.
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| (Source: P.A. 92-94, eff. 1-1-02; 92-597, eff. 7-1-02; 93-609, | 7 |
| eff. 11-20-03.)
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