Full Text of SB0577 98th General Assembly
SB0577sam002 98TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 4/23/2013
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| 1 | | AMENDMENT TO SENATE BILL 577
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 577 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 14-7.02b as follows: | 6 | | (105 ILCS 5/14-7.02b)
| 7 | | Sec. 14-7.02b. Funding for children requiring special | 8 | | education services.
Payments to school districts for children | 9 | | requiring
special education services documented in their | 10 | | individualized education
program regardless of the program | 11 | | from which these services are received,
excluding children | 12 | | claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
| 13 | | be made in accordance with this Section. Funds received under | 14 | | this Section
may be used only for the provision of special | 15 | | educational facilities and
services as defined in Section | 16 | | 14-1.08 of this Code.
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| 1 | | The appropriation for fiscal year 2005 and thereafter shall | 2 | | be based upon
the IDEA child count of all students in the | 3 | | State, excluding students
claimed under Sections 14-7.02 and | 4 | | 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
| 5 | | preceding, multiplied by 17.5% of the general State aid
| 6 | | foundation level of support established for that fiscal year | 7 | | under Section
18-8.05 of
this Code.
| 8 | | Beginning with fiscal year 2005 and through fiscal year | 9 | | 2007, individual school districts
shall not receive payments | 10 | | under this Section totaling less than they received
under the
| 11 | | funding authorized under Section 14-7.02a of this Code
during | 12 | | fiscal year 2004, pursuant to the provisions of Section | 13 | | 14-7.02a as they
were in effect before the effective date of | 14 | | this amendatory Act of the 93rd
General Assembly. This base | 15 | | level funding shall be computed first.
| 16 | | Beginning with fiscal year 2008 and each fiscal year | 17 | | thereafter, individual school districts must not receive | 18 | | payments under this Section totaling less than they received in | 19 | | fiscal year 2007. This funding shall be computed last and shall | 20 | | be a separate calculation from any other calculation set forth | 21 | | in this Section. This amount is exempt from the requirements of | 22 | | Section 1D-1 of this Code. Beginning with fiscal year 2014 and | 23 | | each fiscal year thereafter, if the State authorizes the | 24 | | conduct of electronic gaming or authorizes owners licenses | 25 | | under the Riverboat Gambling Act in addition to the 10 initial | 26 | | licenses authorized under subsection (e) of Section 7 of the |
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| 1 | | Riverboat Gambling Act, $15,000,000 in gaming revenues | 2 | | deposited into the Education Assistance Fund from the State | 3 | | Gaming Fund shall be used by the State Board of Education for | 4 | | the purpose of making the hold harmless payments authorized in | 5 | | this paragraph. | 6 | | An amount equal to 85% of the funds remaining in the | 7 | | appropriation shall be allocated to school districts based upon | 8 | | the
district's average daily attendance reported for purposes | 9 | | of Section
18-8.05 of this Code for the preceding school year. | 10 | | Fifteen percent of the
funds
remaining in the appropriation
| 11 | | shall be allocated to school districts based upon the | 12 | | district's low income
eligible pupil count used in the | 13 | | calculation of general State aid under Section
18-8.05 of this | 14 | | Code for the same fiscal year. One hundred percent of the
funds
| 15 | | computed and allocated to districts under this Section shall be | 16 | | distributed and
paid to school districts.
| 17 | | For individual
students with disabilities whose program | 18 | | costs exceed 4 times the
district's per capita tuition rate
as | 19 | | calculated under Section 10-20.12a of this Code, the costs in | 20 | | excess
of 4 times the district's per capita tuition rate shall | 21 | | be paid by the State
Board of Education from unexpended IDEA | 22 | | discretionary funds originally
designated for room and board | 23 | | reimbursement pursuant to Section
14-8.01 of this Code. The | 24 | | amount of tuition for these children shall be
determined by the | 25 | | actual cost of maintaining classes for these children,
using | 26 | | the per
capita cost formula set forth in Section 14-7.01 of |
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| 1 | | this Code, with the
program and cost being pre-approved by the | 2 | | State Superintendent of
Education. Reimbursement for | 3 | | individual students with disabilities whose program costs | 4 | | exceed 4 times the district's per capita tuition rate shall be | 5 | | claimed beginning with costs encumbered for the 2004-2005 | 6 | | school year and thereafter.
| 7 | | The State Board of Education shall prepare vouchers equal | 8 | | to one-fourth the
amount allocated to districts, for | 9 | | transmittal
to the State Comptroller on the 30th day of | 10 | | September, December, and March,
respectively, and the final | 11 | | voucher, no later than June 20. The Comptroller
shall make | 12 | | payments pursuant to this Section to school districts as soon | 13 | | as possible after receipt of vouchers. If the money
| 14 | | appropriated from the General Assembly for such purposes for | 15 | | any year is
insufficient, it shall be apportioned on the basis | 16 | | of the payments due to
school districts.
| 17 | | Nothing in this Section shall be construed to decrease or | 18 | | increase the
percentage of all special education funds that are | 19 | | allocated annually
under Article 1D of this Code
or to alter | 20 | | the requirement that a
school district provide special | 21 | | education services.
| 22 | | Nothing in this amendatory Act of the 93rd General Assembly | 23 | | shall
eliminate any reimbursement obligation owed as of the | 24 | | effective date of this
amendatory Act of the 93rd General | 25 | | Assembly to a school district with in excess
of 500,000 | 26 | | inhabitants.
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| 1 | | (Source: P.A. 93-1022, eff. 8-24-08. 95-705, eff. 1-8-08.)
| 2 | | Section 99. Effective date. This Act takes effect July 1, | 3 | | 2013.".
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