State of Illinois
2017 and 2018


Introduced , by Rep. Brandon W. Phelps


105 ILCS 5/14-7.02b
105 ILCS 5/14-7.05
105 ILCS 5/Art. 1D rep.

    Amends the School Code. Repeals the Block Grants for Chicago Article. Makes related changes. Effective July 1, 2017.

LRB100 05508 MLM 15519 b






HB2406LRB100 05508 MLM 15519 b

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
514-7.02b and 14-7.05 as follows:
6    (105 ILCS 5/14-7.02b)
7    Sec. 14-7.02b. Funding for children requiring special
8education services. Payments to school districts for children
9requiring special education services documented in their
10individualized education program regardless of the program
11from which these services are received, excluding children
12claimed under Sections 14-7.02 and 14-7.03 of this Code, shall
13be made in accordance with this Section. Funds received under
14this Section may be used only for the provision of special
15educational facilities and services as defined in Section
1614-1.08 of this Code.
17    The appropriation for fiscal year 2005 and thereafter shall
18be based upon the IDEA child count of all students in the
19State, excluding students claimed under Sections 14-7.02 and
2014-7.03 of this Code, on December 1 of the fiscal year 2 years
21preceding, multiplied by 17.5% of the general State aid
22foundation level of support established for that fiscal year
23under Section 18-8.05 of this Code.



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1    Beginning with fiscal year 2005 and through fiscal year
22007, individual school districts shall not receive payments
3under this Section totaling less than they received under the
4funding authorized under Section 14-7.02a of this Code during
5fiscal year 2004, pursuant to the provisions of Section
614-7.02a as they were in effect before the effective date of
7this amendatory Act of the 93rd General Assembly. This base
8level funding shall be computed first.
9    Beginning with fiscal year 2008 and each fiscal year
10thereafter, individual school districts must not receive
11payments under this Section totaling less than they received in
12fiscal year 2007. This funding shall be computed last and shall
13be a separate calculation from any other calculation set forth
14in this Section. This amount is exempt from the requirements of
15Section 1D-1 of this Code.
16    An amount equal to 85% of the funds remaining in the
17appropriation shall be allocated to school districts based upon
18the district's average daily attendance reported for purposes
19of Section 18-8.05 of this Code for the preceding school year.
20Fifteen percent of the funds remaining in the appropriation
21shall be allocated to school districts based upon the
22district's low income eligible pupil count used in the
23calculation of general State aid under Section 18-8.05 of this
24Code for the same fiscal year. One hundred percent of the funds
25computed and allocated to districts under this Section shall be
26distributed and paid to school districts.



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1    For individual students with disabilities whose program
2costs exceed 4 times the district's per capita tuition rate as
3calculated under Section 10-20.12a of this Code, the costs in
4excess of 4 times the district's per capita tuition rate shall
5be paid by the State Board of Education from unexpended IDEA
6discretionary funds originally designated for room and board
7reimbursement pursuant to Section 14-8.01 of this Code. The
8amount of tuition for these children shall be determined by the
9actual cost of maintaining classes for these children, using
10the per capita cost formula set forth in Section 14-7.01 of
11this Code, with the program and cost being pre-approved by the
12State Superintendent of Education. Reimbursement for
13individual students with disabilities whose program costs
14exceed 4 times the district's per capita tuition rate shall be
15claimed beginning with costs encumbered for the 2004-2005
16school year and thereafter.
17    The State Board of Education shall prepare vouchers equal
18to one-fourth the amount allocated to districts, for
19transmittal to the State Comptroller on the 30th day of
20September, December, and March, respectively, and the final
21voucher, no later than June 20. The Comptroller shall make
22payments pursuant to this Section to school districts as soon
23as possible after receipt of vouchers. If the money
24appropriated from the General Assembly for such purposes for
25any year is insufficient, it shall be apportioned on the basis
26of the payments due to school districts.



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1    Nothing in this Section shall be construed to decrease or
2increase the percentage of all special education funds that are
3allocated annually under Article 1D of this Code or to alter
4the requirement that a school district provide special
5education services.
6    Nothing in this amendatory Act of the 93rd General Assembly
7shall eliminate any reimbursement obligation owed as of the
8effective date of this amendatory Act of the 93rd General
9Assembly to a school district with in excess of 500,000
11(Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.)
12    (105 ILCS 5/14-7.05)
13    Sec. 14-7.05. Placement in residential facility; payment
14of educational costs. For any student with a disability in a
15residential facility placement made or paid for by an Illinois
16public State agency or made by any court in this State, the
17school district of residence as determined pursuant to this
18Article is responsible for the costs of educating the child and
19shall be reimbursed for those costs in accordance with this
20Code. Subject to this Section and relevant State appropriation,
21the resident district's financial responsibility and
22reimbursement must be calculated in accordance with the
23provisions of Section 14-7.02 of this Code. In those instances
24in which a district receives a block grant pursuant to Article
251D of this Code, the district's financial responsibility is



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1limited to the actual educational costs of the placement, which
2must be paid by the district from its block grant
3appropriation. Resident district financial responsibility and
4reimbursement applies for both residential facilities that are
5approved by the State Board of Education and non-approved
6facilities, subject to the requirements of this Section. The
7Illinois placing agency or court remains responsible for
8funding the residential portion of the placement and for
9notifying the resident district prior to the placement, except
10in emergency situations. The residential facility in which the
11student is placed shall notify the resident district of the
12student's enrollment as soon as practicable after the
13placement. Failure of the placing agency or court to notify the
14resident district prior to the placement does not absolve the
15resident district of financial responsibility for the
16educational costs of the placement; however, the resident
17district shall not become financially responsible unless and
18until it receives written notice of the placement by either the
19placing agency, court, or residential facility. The placing
20agency or parent shall request an individualized education
21program (IEP) meeting from the resident district if the
22placement would entail additional educational services beyond
23the student's current IEP. The district of residence shall
24retain control of the IEP process, and any changes to the IEP
25must be done in compliance with the federal Individuals with
26Disabilities Education Act.



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1    Payments shall be made by the resident district to the
2entity providing the educational services, whether the entity
3is the residential facility or the school district wherein the
4facility is located, no less than once per quarter unless
5otherwise agreed to in writing by the parties.
6    A residential facility providing educational services
7within the facility, but not approved by the State Board of
8Education, is required to demonstrate proof to the State Board
9of (i) appropriate certification of teachers for the student
10population, (ii) age-appropriate curriculum, (iii) enrollment
11and attendance data, and (iv) the ability to implement the
12child's IEP. A school district is under no obligation to pay
13such a residential facility unless and until such proof is
14provided to the State Board's satisfaction.
15    When a dispute arises over the determination of the
16district of residence under this Section, any person or entity,
17including without limitation a school district or residential
18facility, may make a written request for a residency decision
19to the State Superintendent of Education, who, upon review of
20materials submitted and any other items of information he or
21she may request for submission, shall issue his or her decision
22in writing. The decision of the State Superintendent of
23Education is final.
24(Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
25    (105 ILCS 5/Art. 1D rep.)



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1    Section 10. The School Code is amended by repealing Article
3    Section 99. Effective date. This Act takes effect July 1,