Full Text of SB0218 99th General Assembly
SB0218sam001 99TH GENERAL ASSEMBLY | Sen. Dan Kotowski Filed: 3/20/2015
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| 1 | | AMENDMENT TO SENATE BILL 218
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 218 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 1D-1, 14-7.02, 14-7.02b, and 14-7.03 and by adding Section | 6 | | 14-17 as follows:
| 7 | | (105 ILCS 5/1D-1)
| 8 | | Sec. 1D-1. Block grant funding.
| 9 | | (a) For fiscal year 1996 and each fiscal year thereafter, | 10 | | the State Board
of Education shall award to a school district | 11 | | having a population exceeding
500,000 inhabitants a general | 12 | | education block grant and an educational services
block grant, | 13 | | determined as provided in this Section, in lieu of distributing | 14 | | to
the district separate State funding for the programs | 15 | | described in subsections
(b) and (c). The provisions of this | 16 | | Section, however, do not apply to any
federal funds that the |
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| 1 | | district is entitled to receive. In accordance with
Section | 2 | | 2-3.32, all block grants are subject to an audit. Therefore, | 3 | | block
grant receipts and block grant expenditures shall be | 4 | | recorded to the
appropriate fund code for the designated block | 5 | | grant.
| 6 | | (b) The general education block grant shall include the | 7 | | following
programs: REI Initiative, Summer Bridges, Preschool | 8 | | At Risk, K-6
Comprehensive Arts, School Improvement Support, | 9 | | Urban Education, Scientific
Literacy, Substance Abuse | 10 | | Prevention, Second Language Planning, Staff
Development, | 11 | | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | 12 | | Continued
Reading Improvement, Truants'
Optional Education, | 13 | | Hispanic Programs, Agriculture Education,
Parental Education, | 14 | | Prevention Initiative, Report Cards, and Criminal
Background | 15 | | Investigations. Notwithstanding any other provision of law, | 16 | | all
amounts paid under the general education block grant from | 17 | | State appropriations
to a school district in a city having a | 18 | | population exceeding 500,000
inhabitants shall be appropriated | 19 | | and expended by the board of that district
for any of the | 20 | | programs included in the block grant or any of the board's
| 21 | | lawful purposes.
| 22 | | (c) The educational services block grant shall include the | 23 | | following
programs: Regular and Vocational Transportation, | 24 | | State Lunch and
Free Breakfast Program, Special Education | 25 | | (Personnel,
Transportation, Orphanage, Private Tuition ), | 26 | | funding
for children requiring special education services, |
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| 1 | | Summer School,
Educational Service Centers, and | 2 | | Administrator's Academy. This subsection (c)
does not relieve | 3 | | the district of its obligation to provide the services
required | 4 | | under a program that is included within the educational | 5 | | services block
grant. It is the intention of the General | 6 | | Assembly in enacting the provisions
of this subsection (c) to | 7 | | relieve the district of the administrative burdens
that impede | 8 | | efficiency and accompany single-program funding. The General
| 9 | | Assembly encourages the board to pursue mandate waivers | 10 | | pursuant to Section
2-3.25g. | 11 | | The funding program included in the educational services | 12 | | block grant
for funding for children requiring special | 13 | | education services in each fiscal
year shall be treated in that | 14 | | fiscal year as a payment to the school district
in respect of | 15 | | services provided or costs incurred in the prior fiscal year,
| 16 | | calculated in each case as provided in this Section. Nothing in | 17 | | this Section
shall change the nature of payments for any | 18 | | program that, apart from this
Section, would be or, prior to | 19 | | adoption or amendment of this Section, was on
the basis of a | 20 | | payment in a fiscal year in respect of services provided or
| 21 | | costs incurred in the prior fiscal year, calculated in each | 22 | | case as provided
in this Section.
| 23 | | (d) For fiscal year 1996 and each fiscal year thereafter, | 24 | | the amount
of the district's block grants shall be determined | 25 | | as follows:
(i) with respect to each program that is included | 26 | | within each block grant, the
district shall receive an amount |
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| 1 | | equal to the same percentage of the current
fiscal year | 2 | | appropriation made for that program as the percentage of the
| 3 | | appropriation received by the district from the 1995 fiscal | 4 | | year appropriation
made for that program, and
(ii) the total | 5 | | amount that is due the district under the block grant shall be
| 6 | | the aggregate of the amounts that the district is entitled to | 7 | | receive for the
fiscal year with respect to each program that | 8 | | is included within the block
grant that the State Board of | 9 | | Education shall award the district under this
Section for that | 10 | | fiscal year. In the case of the Summer Bridges program,
the | 11 | | amount of the district's block grant shall be equal to 44% of | 12 | | the amount
of the current fiscal year appropriation made for | 13 | | that program.
| 14 | | (e) The district is not required to file any application or | 15 | | other claim in
order to receive the block grants to which it is | 16 | | entitled under this Section.
The State Board of Education shall | 17 | | make payments to the district of amounts due
under the | 18 | | district's block grants on a schedule determined by the State | 19 | | Board
of Education.
| 20 | | (f) A school district to which this Section applies shall | 21 | | report to the
State Board of Education on its use of the block | 22 | | grants in such form and detail
as the State Board of Education | 23 | | may specify. In addition, the report must include the following | 24 | | description for the district, which must also be reported to | 25 | | the General Assembly: block grant allocation and expenditures | 26 | | by program; population and service levels by program; and |
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| 1 | | administrative expenditures by program. The State Board of | 2 | | Education shall ensure that the reporting requirements for the | 3 | | district are the same as for all other school districts in this | 4 | | State.
| 5 | | (g) This paragraph provides for the treatment of block | 6 | | grants under Article
1C for purposes of calculating the amount | 7 | | of block grants for a district under
this Section. Those block | 8 | | grants under Article 1C are, for this
purpose, treated as | 9 | | included in the amount of appropriation for the various
| 10 | | programs set forth in paragraph (b) above. The appropriation in | 11 | | each current
fiscal year for each block grant under Article 1C | 12 | | shall be treated for these
purposes as appropriations for the | 13 | | individual program included in that block
grant. The proportion | 14 | | of each block grant so allocated to each such program
included | 15 | | in it shall be the proportion which the appropriation for that | 16 | | program
was of all appropriations for such purposes now in that | 17 | | block grant, in fiscal
1995.
| 18 | | Payments to the school district under this Section with | 19 | | respect to each
program for which payments to school districts | 20 | | generally, as of the date of
this
amendatory Act of the 92nd | 21 | | General Assembly, are on a reimbursement basis
shall continue | 22 | | to be made to the district on a reimbursement basis, pursuant
| 23 | | to the provisions of this Code governing those programs.
| 24 | | (h) Notwithstanding any other provision of law, any school | 25 | | district
receiving a block grant under this Section may | 26 | | classify all or a portion of
the funds that it receives in a |
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| 1 | | particular fiscal year from any block grant
authorized under | 2 | | this Code or from general State aid pursuant to Section
18-8.05 | 3 | | of this Code (other than supplemental general State aid) as
| 4 | | funds received in connection with any funding program for which | 5 | | it is
entitled to receive funds from the State in that fiscal | 6 | | year (including,
without limitation, any funding program | 7 | | referred to in subsection (c) of
this Section), regardless of | 8 | | the source or timing of the receipt. The
district may not | 9 | | classify more funds as funds received in connection
with the | 10 | | funding program than the district is entitled to receive in | 11 | | that
fiscal year for that program. Any classification by a | 12 | | district must be made by
a resolution
of its board of | 13 | | education. The resolution must identify the amount of any
block | 14 | | grant or general State aid to be classified under this | 15 | | subsection (h)
and must specify the funding program to which | 16 | | the funds are to be
treated as received in connection | 17 | | therewith. This resolution is
controlling as to the | 18 | | classification of funds referenced therein. A certified
copy of | 19 | | the resolution must be sent to the State Superintendent of
| 20 | | Education.
The resolution shall still take effect even though a | 21 | | copy of the resolution
has not been sent to the State
| 22 | | Superintendent of Education in a timely manner.
No | 23 | | classification under this subsection (h) by a district shall
| 24 | | affect the total amount or timing of money the district is | 25 | | entitled to receive
under this Code.
No classification under | 26 | | this subsection (h) by a district
shall in any way relieve the |
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| 1 | | district from or affect any
requirements that otherwise would | 2 | | apply with respect to the
block grant as provided in this | 3 | | Section, including any
accounting of funds by source, reporting | 4 | | expenditures by
original source and purpose,
reporting | 5 | | requirements, or requirements of provision of
services.
| 6 | | (Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11; | 7 | | 97-813, eff. 7-13-12.)
| 8 | | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| 9 | | Sec. 14-7.02. Children attending private schools, public
| 10 | | out-of-state schools , public school residential facilities or | 11 | | non-public private
special education facilities. The General | 12 | | Assembly recognizes that non-public
schools or special | 13 | | education facilities provide an important service in the
| 14 | | educational system in Illinois.
| 15 | | If because of his or her disability the special education
| 16 | | program of a district is unable to meet the needs of a child | 17 | | and the
child attends a non-public school or special education | 18 | | facility, a
public out-of-state school or a special education | 19 | | facility owned and
operated by a county government unit that | 20 | | provides special educational
services required by the child and | 21 | | is in compliance with the appropriate
rules and regulations of | 22 | | the State Superintendent of Education, the
school district in | 23 | | which the child is a resident shall pay the actual
cost of | 24 | | tuition for special education and related services provided
| 25 | | during the regular school term and during the summer school |
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| 1 | | term if the
child's educational needs so require, excluding | 2 | | room and , board and
transportation costs charged the child by | 3 | | the that non-public school or
special education facility, | 4 | | public out-of-state school or county special
education | 5 | | facility , or $4,500 per year, whichever is less , and shall
| 6 | | provide him any necessary transportation. " Non-public | 7 | | Nonpublic special
education facility" shall include a | 8 | | residential facility,
within or outside without the State of | 9 | | Illinois, which provides
special education and related | 10 | | services to meet the needs of the child by
utilizing private | 11 | | schools or public schools, whether located on the site
or off | 12 | | the site of the residential facility.
| 13 | | The State Board of Education shall promulgate rules and | 14 | | regulations
for determining when placement in a private special | 15 | | education facility
is appropriate. Such rules and regulations | 16 | | shall take into account
the various types of services needed by | 17 | | a child and the availability
of such services to the particular | 18 | | child in the public school.
In developing these rules and | 19 | | regulations the State Board of
Education shall consult with the | 20 | | Advisory Council on
Education of Children with Disabilities and | 21 | | hold public
hearings to secure recommendations from parents, | 22 | | school personnel,
and others concerned about this matter.
| 23 | | The State Board of Education shall also promulgate rules | 24 | | and
regulations for transportation to and from a residential | 25 | | school.
Transportation to and from home to a residential school | 26 | | more than once
each school term shall be subject to prior |
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| 1 | | approval by the State
Superintendent in accordance with the | 2 | | rules and regulations of the State
Board.
| 3 | | A school district making tuition payments pursuant to this
| 4 | | Section is eligible for reimbursement from the State in | 5 | | accordance with Section 14-17 of this Code for the amount of
| 6 | | such payments actually made in excess of the district per | 7 | | capita tuition
charge for students not receiving special | 8 | | education services .
Such reimbursement shall be approved in | 9 | | accordance with Section 14-12.01
and each district shall file | 10 | | its claims, computed in accordance with rules
prescribed by the | 11 | | State Board of Education, on forms prescribed by the
State | 12 | | Superintendent of Education. Data used as a basis of | 13 | | reimbursement
claims shall be for the preceding regular school | 14 | | term and summer school
term. Each school district shall | 15 | | transmit its claims to the State Board of Education
on or | 16 | | before
August 15. The State Board of Education, before | 17 | | approving any such claims,
shall determine their accuracy and | 18 | | whether they are based upon services
and facilities provided | 19 | | under approved programs. Upon approval the State
Board shall | 20 | | cause vouchers to be prepared showing the amount due
for | 21 | | payment of reimbursement claims to school
districts, for | 22 | | transmittal to the State Comptroller on
the 30th day of | 23 | | September, December, and March, respectively, and the final
| 24 | | voucher, no later than June 20. If the
money appropriated by | 25 | | the General Assembly for such purpose for any year
is | 26 | | insufficient, it shall be apportioned on the basis of the |
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| 1 | | claims approved.
| 2 | | No child shall be placed in a special education program | 3 | | pursuant to
this Section if the tuition cost for special | 4 | | education and related
services increases more than 10 percent | 5 | | over the tuition cost for the
previous school year or exceeds | 6 | | $4,500 per year unless such costs have
been approved by the | 7 | | Illinois Purchased Care Review Board. The
Illinois Purchased | 8 | | Care Review Board shall consist of the following
persons, or | 9 | | their designees: the Directors of Children and Family
Services, | 10 | | Healthcare and Family Services, Public Health,
Public Aid, and | 11 | | the
Governor's Office of Management and Budget; the
Secretary | 12 | | of Human Services; the State Superintendent of Education; and | 13 | | such
other persons as the
Governor may designate. The Review | 14 | | Board shall also consist of one non-voting member who is an | 15 | | administrator of a
private, nonpublic, special education | 16 | | school. The Review Board shall establish rules and
regulations | 17 | | for its determination of allowable costs and payments made by
| 18 | | local school districts for special education, room and board, | 19 | | and other related
services provided by non-public schools or | 20 | | special education facilities and
shall establish uniform | 21 | | standards and criteria which it shall follow. The Review Board | 22 | | shall approve the usual and customary rate or rates of a | 23 | | special education program that (i) is offered by an | 24 | | out-of-state, non-public provider of integrated autism | 25 | | specific educational and autism specific residential services, | 26 | | (ii) offers 2 or more levels of residential care, including at |
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| 1 | | least one locked facility, and (iii) serves 12 or fewer | 2 | | Illinois students.
| 3 | | The Review Board shall establish uniform definitions and | 4 | | criteria for
accounting separately by special education, room | 5 | | and board and other
related services costs. The Board shall | 6 | | also establish guidelines for
the coordination of services and | 7 | | financial assistance provided by all
State agencies to assure | 8 | | that no otherwise qualified disabled child
receiving services | 9 | | under Article 14 shall be excluded from participation
in, be | 10 | | denied the benefits of or be subjected to discrimination under
| 11 | | any program or activity provided by any State agency.
| 12 | | The Review Board shall review the costs for special | 13 | | education and
related services provided by non-public schools | 14 | | or special education
facilities and shall approve or disapprove | 15 | | such facilities in accordance
with the rules and regulations | 16 | | established by it with respect to
allowable costs.
| 17 | | The State Board of Education shall provide administrative | 18 | | and staff support
for the Review Board as deemed reasonable by | 19 | | the State Superintendent of
Education. This support shall not | 20 | | include travel expenses or other
compensation for any Review | 21 | | Board member other than the State Superintendent of
Education.
| 22 | | The Review Board shall seek the advice of the Advisory | 23 | | Council on
Education of Children with Disabilities on the rules | 24 | | and
regulations to be
promulgated by it relative to providing | 25 | | special education services.
| 26 | | If a child has been placed in a program in which the actual |
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| 1 | | per pupil costs
of tuition for special education and related | 2 | | services based on program
enrollment , excluding room, board and | 3 | | transportation costs, exceed $4,500 and
such costs have been | 4 | | approved by the Review Board, the district shall pay such
total | 5 | | costs which exceed $4,500 . A district making such tuition | 6 | | payments in
excess of $4,500 pursuant to this Section shall be | 7 | | responsible for an amount in
excess of $4,500 equal to the | 8 | | district per capita
tuition charge and shall be eligible for | 9 | | reimbursement from the State for
the amount of such payments | 10 | | actually made in excess of the districts per capita
tuition | 11 | | charge for students not receiving special education services.
| 12 | | If a child has been placed in an approved individual | 13 | | program and the
tuition costs including room and board costs | 14 | | have been approved by the
Review Board, then such room and | 15 | | board costs shall be paid by the
appropriate State agency | 16 | | subject to the provisions of Section 14-8.01 of
this Act. Room | 17 | | and board costs not provided by a State agency other
than the | 18 | | State Board of Education shall be provided by the State Board
| 19 | | of Education on a current basis. In no event, however, shall | 20 | | the
State's liability for funding of the these tuition costs , | 21 | | including room and board costs, begin until after
the legal | 22 | | obligations of third party payees payors have been subtracted | 23 | | from
such costs. If the money appropriated by the General | 24 | | Assembly for such
purpose for any year is insufficient, it | 25 | | shall be apportioned on the
basis of the claims approved. Each | 26 | | district shall submit room and board estimated claims to the |
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| 1 | | State
Superintendent of Education. Upon approval of such | 2 | | claims, the State
Superintendent of Education shall direct the | 3 | | State Comptroller to make payments
on such submitted claims a | 4 | | monthly basis . The frequency for submitting estimated
claims | 5 | | and the method of determining payment shall be prescribed in | 6 | | rules
and regulations adopted by the State Board of Education. | 7 | | Such current state
reimbursement shall be reduced by an amount | 8 | | equal to the proceeds which
the child or child's parents or | 9 | | legal guardian are eligible to receive under any public or
| 10 | | private insurance or assistance program. Nothing in this | 11 | | Section shall
be construed as relieving an insurer or similar | 12 | | third party from an
otherwise valid obligation to provide or to | 13 | | pay for services provided to
a disabled child.
| 14 | | If it otherwise qualifies, a school district is eligible | 15 | | for the
transportation reimbursement under Section 14-13.01 | 16 | | and for the
reimbursement of tuition payments under this | 17 | | Section whether the
non-public school or special education | 18 | | facility, public out-of-state
school or county special | 19 | | education facility, attended by a child who
resides in that | 20 | | district and requires special educational services, is
within | 21 | | or outside of the State of Illinois. However, a district is not
| 22 | | eligible to claim transportation reimbursement under this | 23 | | Section unless
the district certifies to the State | 24 | | Superintendent of Education that the
district is unable to | 25 | | provide special educational services required by
the child for | 26 | | the current school year.
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| 1 | | Nothing in this Section authorizes the reimbursement of a | 2 | | school
district for the amount paid for tuition of a child | 3 | | attending a
non-public school or special education facility, | 4 | | public out-of-state
school or county special education | 5 | | facility unless the school district
certifies to the State | 6 | | Superintendent of Education that the special
education program | 7 | | of that district is unable to meet the needs of that child
| 8 | | because of his disability and the State Superintendent of | 9 | | Education finds
that the school district is in substantial | 10 | | compliance with Section 14-4.01. However, if a child is | 11 | | unilaterally placed by a State agency or any court in a | 12 | | non-public school or special education facility, public | 13 | | out-of-state school, or county special education facility, a | 14 | | school district shall not be required to certify to the State | 15 | | Superintendent of Education, for the purpose of tuition | 16 | | reimbursement, that the special education program of that | 17 | | district is unable to meet the needs of a child because of his | 18 | | or her disability.
| 19 | | Any educational or related services provided, pursuant to | 20 | | this
Section in a non-public school or special education | 21 | | facility or a
special education facility owned and operated by | 22 | | a county government
unit shall be at no cost to the parent or | 23 | | guardian of the child.
However, current law and practices | 24 | | relative to contributions by parents
or guardians for costs | 25 | | other than educational or related services are
not affected by | 26 | | this amendatory Act of 1978.
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| 1 | | Reimbursement for children attending public school | 2 | | residential facilities
shall be made in accordance with the | 3 | | provisions of this Section.
| 4 | | Notwithstanding any other provision of law, any school | 5 | | district
receiving a payment under this Section or under | 6 | | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | 7 | | all or a portion of the funds that
it receives in a particular | 8 | | fiscal year or from general State aid pursuant
to Section | 9 | | 18-8.05 of this Code
as funds received in connection with any | 10 | | funding program for which
it is entitled to receive funds from | 11 | | the State in that fiscal year (including,
without limitation, | 12 | | any funding program referenced in this Section),
regardless of | 13 | | the source or timing of the receipt. The district may not
| 14 | | classify more funds as funds received in connection with the | 15 | | funding
program than the district is entitled to receive in | 16 | | that fiscal year for that
program. Any
classification by a | 17 | | district must be made by a resolution of its board of
| 18 | | education. The resolution must identify the amount of any | 19 | | payments or
general State aid to be classified under this | 20 | | paragraph and must specify
the funding program to which the | 21 | | funds are to be treated as received in
connection therewith. | 22 | | This resolution is controlling as to the
classification of | 23 | | funds referenced therein. A certified copy of the
resolution | 24 | | must be sent to the State Superintendent of Education.
The | 25 | | resolution shall still take effect even though a copy of the | 26 | | resolution has
not been sent to the State
Superintendent of |
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| 1 | | Education in a timely manner.
No
classification under this | 2 | | paragraph by a district shall affect the total amount
or timing | 3 | | of money the district is entitled to receive under this Code.
| 4 | | No classification under this paragraph by a district shall
in | 5 | | any way relieve the district from or affect any
requirements | 6 | | that otherwise would apply with respect to
that funding | 7 | | program, including any
accounting of funds by source, reporting | 8 | | expenditures by
original source and purpose,
reporting | 9 | | requirements,
or requirements of providing services.
| 10 | | (Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; | 11 | | revised 10-1-14.)
| 12 | | (105 ILCS 5/14-7.02b)
| 13 | | Sec. 14-7.02b. Funding for children requiring special | 14 | | education services.
Payments to school districts for children | 15 | | requiring
special education services documented in their | 16 | | individualized education
program regardless of the program | 17 | | from which these services are received,
excluding children | 18 | | identified claimed under Sections 14-7.02 , and 14-7.03 , and | 19 | | 14-11.02 of this Code,
shall
be made in accordance with this | 20 | | Section. Funds received under this Section
may be used only for | 21 | | the provision of special educational facilities and
services as | 22 | | defined in Section 14-1.08 of this Code.
| 23 | | The appropriation for each fiscal year 2005 and thereafter | 24 | | shall be based upon
the IDEA child count of all students in the | 25 | | State, excluding students identified
claimed under Sections |
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| 1 | | 14-7.02 , and 14-7.03 , and 14-11.02 of this Code, on December 1 | 2 | | of the
fiscal year 2
years
preceding, multiplied by 17.5% of | 3 | | the general State aid
foundation level of support established | 4 | | for that fiscal year under Section
18-8.05 of
this Code.
| 5 | | Beginning with fiscal year 2005 and through fiscal year | 6 | | 2007, individual school districts
shall not receive payments | 7 | | under this Section totaling less than they received
under the
| 8 | | funding authorized under Section 14-7.02a of this Code
during | 9 | | fiscal year 2004, pursuant to the provisions of Section | 10 | | 14-7.02a as they
were in effect before the effective date of | 11 | | this amendatory Act of the 93rd
General Assembly. This base | 12 | | level funding shall be computed first.
| 13 | | Beginning with fiscal year 2008 and each fiscal year | 14 | | thereafter, individual school districts must not receive | 15 | | payments under this Section totaling less than they received in | 16 | | fiscal year 2007. This funding shall be computed last and shall | 17 | | be a separate calculation from any other calculation set forth | 18 | | in this Section. This amount is exempt from the requirements of | 19 | | Section 1D-1 of this Code.
| 20 | | An amount equal to 85% of the funds remaining in the | 21 | | appropriation shall be allocated to school districts based upon | 22 | | the
district's average daily attendance reported for purposes | 23 | | of Section
18-8.05 of this Code for the preceding school year. | 24 | | Fifteen percent of the
funds
remaining in the appropriation
| 25 | | shall be allocated to school districts based upon the | 26 | | district's low income
eligible pupil count used in the |
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| 1 | | calculation of general State aid under Section
18-8.05 of this | 2 | | Code for the same fiscal year. One hundred percent of the
funds
| 3 | | computed and allocated to districts under this Section shall be | 4 | | distributed and
paid to school districts.
| 5 | | For individual
students with disabilities whose program | 6 | | costs exceed 4 times the
district's per capita tuition rate
as | 7 | | calculated under Section 10-20.12a of this Code, the costs in | 8 | | excess
of 4 times the district's per capita tuition rate shall | 9 | | be paid by the State
Board of Education from unexpended IDEA | 10 | | discretionary funds originally
designated for room and board | 11 | | reimbursement pursuant to Section
14-8.01 of this Code. The | 12 | | amount of tuition for these children shall be
determined by the | 13 | | actual cost of maintaining classes for these children,
using | 14 | | the per
capita cost formula set forth in Section 14-7.01 of | 15 | | this Code, with the
program and cost being pre-approved by the | 16 | | State Superintendent of
Education. Reimbursement for | 17 | | individual students with disabilities whose program costs | 18 | | exceed 4 times the district's per capita tuition rate shall be | 19 | | claimed beginning with costs encumbered for the 2004-2005 | 20 | | school year and thereafter.
| 21 | | The State Board of Education shall prepare vouchers equal | 22 | | to one-fourth the
amount allocated to districts, for | 23 | | transmittal
to the State Comptroller on the 30th day of | 24 | | September 30 , December 31 , and March 31 ,
respectively, and the | 25 | | final voucher, no later than June 20. The Comptroller
shall | 26 | | make payments pursuant to this Section to school districts as |
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| 1 | | soon as possible after receipt of vouchers. If the money
| 2 | | appropriated from the General Assembly for such purposes for | 3 | | any year is
insufficient, it shall be apportioned on the basis | 4 | | of the payments due to
school districts.
| 5 | | Nothing in this Section shall be construed to decrease or | 6 | | increase the
percentage of all special education funds that are | 7 | | allocated annually
under Article 1D of this Code
or to alter | 8 | | the requirement that a
school district provide special | 9 | | education services.
| 10 | | Nothing in this amendatory Act of the 93rd General Assembly | 11 | | shall
eliminate any reimbursement obligation owed as of the | 12 | | effective date of this
amendatory Act of the 93rd General | 13 | | Assembly to a school district with in excess
of 500,000 | 14 | | inhabitants.
| 15 | | (Source: P.A. 93-1022, eff. 8-24-08. 95-705, eff. 1-8-08.) | 16 | | (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
| 17 | | Sec. 14-7.03. Special Education Classes for Children from | 18 | | Orphanages,
Foster Family Homes, Children's Homes, or in State | 19 | | Housing Units. If a
school district maintains special education | 20 | | classes on the site of
orphanages and children's homes, or if | 21 | | children from the orphanages,
children's homes, foster family | 22 | | homes, other State agencies, or State
residential units for | 23 | | children attend classes for children with disabilities
in which | 24 | | the school district is a participating member of a joint
| 25 | | agreement, or if the children from the orphanages, children's |
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| 1 | | homes,
foster family homes, other State agencies, or State | 2 | | residential units
attend classes for the children with | 3 | | disabilities maintained by the school
district, then | 4 | | reimbursement shall be paid to eligible districts in
accordance | 5 | | with the provisions of this Section by the Comptroller as | 6 | | directed
by the State Superintendent of Education.
| 7 | | The amount of tuition for such children shall be determined | 8 | | by the
actual cost of maintaining such classes, using the per | 9 | | capita cost formula
set forth in Section 14-7.01, such program | 10 | | and cost to be pre-approved by
the State Superintendent of | 11 | | Education.
| 12 | | If a school district makes a claim for reimbursement under | 13 | | Section
18-3 or 18-4 of this Act it shall not include in any | 14 | | claim filed under
this Section a claim for such children. | 15 | | Payments authorized by law,
including State or federal grants | 16 | | for education of children included in
this Section, shall be | 17 | | deducted in determining the tuition amount.
| 18 | | Nothing in this Act shall be construed so as to prohibit
| 19 | | reimbursement for the tuition of children placed in for profit | 20 | | facilities.
Private facilities shall provide adequate space at | 21 | | the
facility for special education classes provided by a school | 22 | | district or
joint agreement for children with disabilities who | 23 | | are
residents of the
facility at no cost to the school district | 24 | | or joint agreement upon
request of the school district or joint | 25 | | agreement. If such a private
facility provides space at no cost | 26 | | to the district or joint agreement
for special education |
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| 1 | | classes provided to children with
disabilities who are
| 2 | | residents of the facility, the district or joint agreement | 3 | | shall not
include any costs for the use of those facilities in | 4 | | its claim for
reimbursement.
| 5 | | Reimbursement for tuition may include the cost of providing | 6 | | summer
school programs for children with severe and profound | 7 | | disabilities served
under this Section. Claims for that | 8 | | reimbursement shall be filed by
November 1 and shall be paid on | 9 | | or before December 15 from
appropriations made for the purposes | 10 | | of this Section.
| 11 | | The State Board of Education shall establish such rules and
| 12 | | regulations as may be necessary to implement the provisions of | 13 | | this
Section.
| 14 | | Claims filed on behalf of programs operated under this | 15 | | Section housed in a
jail, detention center, or county-owned | 16 | | shelter care facility
shall be on an individual student basis | 17 | | only for
eligible students with disabilities. These claims | 18 | | shall be in accordance with
applicable rules.
| 19 | | Each district claiming reimbursement for a program | 20 | | operated as a group
program shall have an approved budget on | 21 | | file with the State Board of
Education prior to the initiation | 22 | | of the program's operation. On September
30, December 31, and | 23 | | March 31, the State Board of Education shall voucher
payments | 24 | | to group programs based upon the approved budget during the | 25 | | year
of operation. Final claims for group payments shall be | 26 | | filed on or before
July 15. Final claims for group programs |
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| 1 | | received at the State
Board of
Education on or before June 15 | 2 | | shall be vouchered by June 30. Final claims
received at the | 3 | | State Board of Education between June 16 and July 15
shall be | 4 | | vouchered by August 30. Claims for group programs
received
| 5 | | after July 15 shall not be honored.
| 6 | | Each district claiming reimbursement for individual | 7 | | students shall have the
eligibility of those students verified | 8 | | by the State Board of Education. On
September 30, December 31, | 9 | | and March 31, the State Board of Education shall
voucher | 10 | | payments for individual students based upon an estimated cost
| 11 | | calculated from the prior year's claim. Final claims for | 12 | | individual students
for the regular school term must be | 13 | | received at the State Board of Education by
July 15. Claims for | 14 | | individual students received after July 15 shall not
be | 15 | | honored. Final claims for individual students shall be | 16 | | vouchered by
August 30.
| 17 | | Notwithstanding Reimbursement shall be made based upon | 18 | | approved group programs or
individual students. The State | 19 | | Superintendent of Education shall direct the
Comptroller to pay | 20 | | a specified amount to the district by the 30th day of
| 21 | | September, December, March, June, or August, respectively. | 22 | | However,
notwithstanding any other provisions of this Section | 23 | | or the School Code,
beginning with fiscal year 1994 and each | 24 | | fiscal year thereafter, if the amount appropriated for any | 25 | | fiscal year
is less than the amount required for purposes of | 26 | | this Section, the amount
required to eliminate any insufficient |
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| 1 | | reimbursement for each district claim
under this Section shall | 2 | | be reimbursed on August 30 of the next fiscal
year. Payments | 3 | | required to eliminate any insufficiency for prior
fiscal year | 4 | | claims shall be made before any claims are paid for the current
| 5 | | fiscal year.
| 6 | | The claim of a school district otherwise eligible to be | 7 | | reimbursed in
accordance with Section 14-12.01 for the 1976-77 | 8 | | school year but for
this amendatory Act of 1977 shall not be | 9 | | paid unless the district ceases
to maintain such classes for | 10 | | one entire school year.
| 11 | | If a school district's current reimbursement payment for | 12 | | the 1977-78
school year only is less than the prior year's | 13 | | reimbursement payment
owed, the district shall be paid the | 14 | | amount of the difference between
the payments in addition to | 15 | | the current reimbursement payment, and the
amount so paid shall | 16 | | be subtracted from the amount of prior year's
reimbursement | 17 | | payment owed to the district.
| 18 | | Regional superintendents may operate special education | 19 | | classes for
children from orphanages, foster family homes, | 20 | | children's homes or State
housing units located within the | 21 | | educational services region upon consent
of the school board | 22 | | otherwise so obligated. In electing to assume the
powers and | 23 | | duties of a school district in providing and maintaining such a
| 24 | | special education program, the regional superintendent may | 25 | | enter into joint
agreements with other districts and may | 26 | | contract with public or private
schools or the orphanage, |
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| 1 | | foster family home, children's home or State
housing unit for | 2 | | provision of the special education program. The regional
| 3 | | superintendent exercising the powers granted under this | 4 | | Section shall claim
the reimbursement authorized by this | 5 | | Section directly from the State Board
of Education.
| 6 | | Any child who is not a resident of Illinois who is placed | 7 | | in a child
welfare institution, private facility, foster family | 8 | | home, State operated
program, orphanage or children's home | 9 | | shall have the payment for his
educational tuition and any | 10 | | related services assured by the placing agent.
| 11 | | For each disabled student who is placed in a residential | 12 | | facility by an Illinois public
agency or by any court in this | 13 | | State, the costs for educating the student
are eligible for | 14 | | reimbursement under this Section.
| 15 | | The district of residence of the disabled student as
| 16 | | defined in Section 14-1.11a is responsible for the actual costs | 17 | | of
the student's special education program and is eligible for | 18 | | reimbursement under
this Section when placement is made by a | 19 | | State agency or the courts.
| 20 | | When a dispute arises over the determination of the | 21 | | district of
residence under this Section, the district or | 22 | | districts may appeal the decision in writing to
the State | 23 | | Superintendent of Education, who, upon review of materials | 24 | | submitted and any other items or information he or she may | 25 | | request for submission, shall issue a written decision on the | 26 | | matter. The decision of the State
Superintendent of Education |
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| 1 | | shall be final.
| 2 | | In the event a district does not make a tuition
payment to | 3 | | another district that is providing the special education
| 4 | | program and services, the State Board of Education shall | 5 | | immediately
withhold 125% of
the then remaining annual tuition | 6 | | cost from the State aid or categorical
aid payment due to the
| 7 | | school district that is determined to be the resident school | 8 | | district. All
funds withheld by the State Board of Education | 9 | | shall immediately be
forwarded to the
school district where the | 10 | | student is being served.
| 11 | | When a child eligible for services under this Section | 12 | | 14-7.03 must be
placed in a nonpublic facility, that facility | 13 | | shall meet the programmatic
requirements of Section 14-7.02 and | 14 | | its regulations, and the educational
services shall be funded | 15 | | only in accordance with this Section 14-7.03.
| 16 | | (Source: P.A. 98-739, eff. 7-16-14.)
| 17 | | (105 ILCS 5/14-17 new) | 18 | | Sec. 14-17. Funding for children with excess cost.
Payments | 19 | | to school districts and State-authorized charter schools for | 20 | | children requiring special education services as documented in | 21 | | their individualized educational program, regardless of the | 22 | | program from which these services are received, excluding | 23 | | children claimed under Section 14-7.03 of this Code, shall be | 24 | | made in accordance with this Section. Funds received under this | 25 | | Section may be used only for the provision of special |
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| 1 | | educational facilities and services, as defined in Section | 2 | | 14-1.08, and tuition payments to non-public special education | 3 | | facilities, as defined in Section 14-7.02 of this Code. | 4 | | Each school district and State-authorized charter school | 5 | | shall keep an accurate, detailed, and separate account of all | 6 | | expenditures for the maintenance of each of the types of | 7 | | facilities, classes, and schools authorized by this Article for | 8 | | the instruction and care of pupils attending them and for the | 9 | | cost of their transportation. | 10 | | The amount of tuition for children, excluding children | 11 | | designated under Section 14-7.02 of this Code, shall be | 12 | | determined using the per capita cost formula set forth in | 13 | | Section 14-7.01 and rules adopted by the State Board of | 14 | | Education. | 15 | | The amount of tuition for children attending public | 16 | | out-of-state schools or non-public special education | 17 | | facilities designated under Section 14-7.02 of this Code shall | 18 | | be determined in accordance with the costs approved by the | 19 | | Review Board in Section 14-7.02 of this Code, with the program | 20 | | being pre-approved by the State Superintendent of Education. | 21 | | Each district or State-authorized charter school shall | 22 | | transmit its claims in a manner prescribed by the State | 23 | | Superintendent of Education on or before August 15. Tuition | 24 | | payments shall be claimed for the preceding regular school year | 25 | | and summer term following. The State Board of Education shall | 26 | | determine the accuracy of the claims and whether they are based |
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| 1 | | upon services and facilities provided under approved programs | 2 | | as defined in this Code. | 3 | | For children identified under Section 14-7.02 of this Code, | 4 | | the State Board of Education shall reimburse each school | 5 | | district the tuition amount approved by the Review Board and | 6 | | paid for the regular school year and following summer term, | 7 | | less 2.33 times the per capita tuition charge amounts of the | 8 | | resident district for claims transmitted in the 2015-2016 | 9 | | school year, 2.66 times the per capita tuition amounts for | 10 | | claims transmitted in the 2016-2017 school year, and 3 times | 11 | | the per capita tuition charge amounts for claims transmitted in | 12 | | the 2017-2018 school year and thereafter. | 13 | | For children, excluding those identified under Sections | 14 | | 14-7.02 and 14-7.03 of this Code, the State Board of Education | 15 | | shall reimburse each school district the education costs for | 16 | | each child, plus a maximum 20% of transportation costs if | 17 | | approved as a related service in the individualized educational | 18 | | program for the regular school year and following summer term, | 19 | | less 3.66 times the per capita tuition charge amounts of the | 20 | | resident district for claims transmitted in the 2015-2016 | 21 | | school year, 3.33 times the per capita tuition amounts for | 22 | | claims transmitted in the 2016-2017 school year, and 3 per | 23 | | times the capita tuition charge amounts for claims transmitted | 24 | | in the 2017-2018 school year and thereafter. | 25 | | The per capita tuition charge as defined in this Section | 26 | | shall be utilized in accordance with the calculation set forth |
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| 1 | | in Section 18-3 of this Code. The maximum State reimbursement | 2 | | for children claimed under this Section is $100,000. | 3 | | The State Board of Education shall prepare vouchers for the | 4 | | amount due to each district and transmit them to the Office of | 5 | | the State Comptroller on or before September 30, December 31, | 6 | | and March 31 and the final voucher no later than June 20. If, | 7 | | after preparation and transmittal of the September 30 vouchers, | 8 | | any claim has been adjusted by the State Superintendent of | 9 | | Education, subsequent vouchers shall be recomputed to | 10 | | compensate for any overpayment or underpayment previously | 11 | | made. If the money appropriated by the General Assembly for | 12 | | such purpose for any year is insufficient, it shall be | 13 | | apportioned on the basis of the claims approved. | 14 | | Notwithstanding any other provision of law, any school | 15 | | district receiving a payment under this Section or under | 16 | | Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify | 17 | | all or a portion of the funds that it receives in a particular | 18 | | fiscal year or from general State aid pursuant to Section | 19 | | 18-8.05 of this Code as funds received in connection with any | 20 | | funding program for which it is entitled to receive funds from | 21 | | the State in that fiscal year (including without limitation any | 22 | | funding program referenced in this Section), regardless of the | 23 | | source or timing of the receipt. The district may not classify | 24 | | more funds as funds received in connection with the funding | 25 | | program than the district is entitled to receive in that fiscal | 26 | | year for that program. Any classification by a district must be |
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| 1 | | made by a resolution of its school board. The resolution must | 2 | | identify the amount of any payments or general State aid to be | 3 | | classified under this paragraph and must specify the funding | 4 | | program to which the funds are to be treated as received in | 5 | | connection therewith. This resolution is controlling as to the | 6 | | classification of funds referenced therein. A certified copy of | 7 | | the resolution must be sent to the State Superintendent of | 8 | | Education. The resolution shall still take effect even though a | 9 | | copy of the resolution has not been sent to the State | 10 | | Superintendent of Education in a timely manner. No | 11 | | classification under this paragraph by a district shall affect | 12 | | the total amount or timing of money the district is entitled to | 13 | | receive under this Code. No classification under this paragraph | 14 | | by a district shall in any way relieve the district from or | 15 | | affect any requirements that otherwise would apply with respect | 16 | | to that funding program, including any accounting of funds by | 17 | | source, reporting expenditures by original source and purpose, | 18 | | reporting requirements, or requirements of providing services.
| 19 | | (105 ILCS 5/14-12.01 rep.) | 20 | | Section 10. The School Code is amended by repealing Section | 21 | | 14-12.01.".
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