Full Text of SB3076 100th General Assembly
SB3076sam001 100TH GENERAL ASSEMBLY | Sen. Wm. Sam McCann Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 3076
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3076 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 14-7.02 as follows:
| 6 | | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| 7 | | Sec. 14-7.02. Children attending private schools, public
| 8 | | out-of-state schools, public school residential facilities or | 9 | | private
special education facilities. The General Assembly | 10 | | recognizes that non-public
schools or special education | 11 | | facilities provide an important service in the
educational | 12 | | system in Illinois.
| 13 | | If because of his or her disability the special education
| 14 | | program of a district is unable to meet the needs of a child | 15 | | and the
child attends a non-public school or special education | 16 | | facility, a
public out-of-state school or a special education |
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| 1 | | facility owned and
operated by a county government unit that | 2 | | provides special educational
services required by the child and | 3 | | is in compliance with the appropriate
rules and regulations of | 4 | | the State Superintendent of Education, the
school district in | 5 | | which the child is a resident shall pay the actual
cost of | 6 | | tuition for special education and related services provided
| 7 | | during the regular school term and during the summer school | 8 | | term if the
child's educational needs so require, excluding | 9 | | room, board and
transportation costs charged the child by that | 10 | | non-public school or
special education facility, public | 11 | | out-of-state school or county special
education facility, or | 12 | | $4,500 per year, whichever is less, and shall
provide him any | 13 | | necessary transportation. "Nonpublic special
education | 14 | | facility" shall include a residential facility,
within or | 15 | | without the State of Illinois, which provides
special education | 16 | | and related services to meet the needs of the child by
| 17 | | utilizing private schools or public schools, whether located on | 18 | | the site
or off the site of the residential facility.
| 19 | | The State Board of Education shall promulgate rules and | 20 | | regulations
for determining when placement in a private special | 21 | | education facility
is appropriate. Such rules and regulations | 22 | | shall take into account
the various types of services needed by | 23 | | a child and the availability
of such services to the particular | 24 | | child in the public school.
In developing these rules and | 25 | | regulations the State Board of
Education shall consult with the | 26 | | Advisory Council on
Education of Children with Disabilities and |
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| 1 | | hold public
hearings to secure recommendations from parents, | 2 | | school personnel,
and others concerned about this matter.
| 3 | | The State Board of Education shall also promulgate rules | 4 | | and
regulations for transportation to and from a residential | 5 | | school.
Transportation to and from home to a residential school | 6 | | more than once
each school term shall be subject to prior | 7 | | approval by the State
Superintendent in accordance with the | 8 | | rules and regulations of the State
Board.
| 9 | | A school district making tuition payments pursuant to this
| 10 | | Section is eligible for reimbursement from the State for the | 11 | | amount of
such payments actually made in excess of the district | 12 | | per capita tuition
charge for students not receiving special | 13 | | education services.
Such reimbursement shall be approved in | 14 | | accordance with Section 14-12.01
and each district shall file | 15 | | its claims, computed in accordance with rules
prescribed by the | 16 | | State Board of Education, on forms prescribed by the
State | 17 | | Superintendent of Education. Data used as a basis of | 18 | | reimbursement
claims shall be for the preceding regular school | 19 | | term and summer school
term. Each school district shall | 20 | | transmit its claims to the State Board of Education
on or | 21 | | before
August 15. The State Board of Education, before | 22 | | approving any such claims,
shall determine their accuracy and | 23 | | whether they are based upon services
and facilities provided | 24 | | under approved programs. Upon approval the State
Board shall | 25 | | cause vouchers to be prepared showing the amount due
for | 26 | | payment of reimbursement claims to school
districts, for |
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| 1 | | transmittal to the State Comptroller on
the 30th day of | 2 | | September, December, and March, respectively, and the final
| 3 | | voucher, no later than June 20. If the
money appropriated by | 4 | | the General Assembly for such purpose for any year
is | 5 | | insufficient, it shall be apportioned on the basis of the | 6 | | claims approved.
| 7 | | No child shall be placed in a special education program | 8 | | pursuant to
this Section if the tuition cost for special | 9 | | education and related
services increases more than 10 percent | 10 | | over the tuition cost for the
previous school year or exceeds | 11 | | $4,500 per year unless such costs have
been approved by the | 12 | | Illinois Purchased Care Review Board. The
Illinois Purchased | 13 | | Care Review Board shall consist of the following
persons, or | 14 | | their designees: the Directors of Children and Family
Services, | 15 | | Public Health,
Public Aid, and the
Governor's Office of | 16 | | Management and Budget; the
Secretary of Human Services; the | 17 | | State Superintendent of Education; and such
other persons as | 18 | | the
Governor may designate. The Review Board shall also consist | 19 | | of one non-voting member who is an administrator of a
private, | 20 | | nonpublic, special education school. The Review Board shall | 21 | | establish rules and
regulations for its determination of | 22 | | allowable costs and payments made by
local school districts for | 23 | | special education, room and board, and other related
services | 24 | | provided by non-public schools or special education facilities | 25 | | and
shall establish uniform standards and criteria which it | 26 | | shall follow. The Review Board shall approve the usual and |
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| 1 | | customary rate or rates of a special education program that (i) | 2 | | is offered by an out-of-state, non-public provider of | 3 | | integrated autism specific educational and autism specific | 4 | | residential services, (ii) offers 2 or more levels of | 5 | | residential care, including at least one locked facility, and | 6 | | (iii) serves 12 or fewer Illinois students. In determining | 7 | | rates based on allowable costs, the Review Board shall consider | 8 | | any wage increases awarded by the General Assembly to | 9 | | front-line personnel that include direct support persons, | 10 | | aides, front-line supervisors, qualified intellectual | 11 | | disabilities professionals, nurses, and non-administrative | 12 | | support staff working in service settings in community-based | 13 | | settings within this State, and shall adjust customary rates or | 14 | | rates of a special education program to be equitable to the | 15 | | wage increase awarded to similar staff positions in a community | 16 | | residential setting. Any wage increase awarded by the General | 17 | | Assembly to front-line personnel shall also be a basis for any | 18 | | facility covered by this Section to appeal its rate before the | 19 | | Review Board under the process in Section 900.340 of Title 89 | 20 | | of the Illinois Administrative Code.
| 21 | | The Review Board shall establish uniform definitions and | 22 | | criteria for
accounting separately by special education, room | 23 | | and board and other
related services costs. The Board shall | 24 | | also establish guidelines for
the coordination of services and | 25 | | financial assistance provided by all
State agencies to assure | 26 | | that no otherwise qualified child with a disability
receiving |
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| 1 | | services under Article 14 shall be excluded from participation
| 2 | | in, be denied the benefits of or be subjected to discrimination | 3 | | under
any program or activity provided by any State agency.
| 4 | | The Review Board shall review the costs for special | 5 | | education and
related services provided by non-public schools | 6 | | or special education
facilities and shall approve or disapprove | 7 | | such facilities in accordance
with the rules and regulations | 8 | | established by it with respect to
allowable costs.
| 9 | | The State Board of Education shall provide administrative | 10 | | and staff support
for the Review Board as deemed reasonable by | 11 | | the State Superintendent of
Education. This support shall not | 12 | | include travel expenses or other
compensation for any Review | 13 | | Board member other than the State Superintendent of
Education.
| 14 | | The Review Board shall seek the advice of the Advisory | 15 | | Council on
Education of Children with Disabilities on the rules | 16 | | and
regulations to be
promulgated by it relative to providing | 17 | | special education services.
| 18 | | If a child has been placed in a program in which the actual | 19 | | per pupil costs
of tuition for special education and related | 20 | | services based on program
enrollment, excluding room, board and | 21 | | transportation costs, exceed $4,500 and
such costs have been | 22 | | approved by the Review Board, the district shall pay such
total | 23 | | costs which exceed $4,500. A district making such tuition | 24 | | payments in
excess of $4,500 pursuant to this Section shall be | 25 | | responsible for an amount in
excess of $4,500 equal to the | 26 | | district per capita
tuition charge and shall be eligible for |
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| 1 | | reimbursement from the State for
the amount of such payments | 2 | | actually made in excess of the districts per capita
tuition | 3 | | charge for students not receiving special education services.
| 4 | | If a child has been placed in an approved individual | 5 | | program and the
tuition costs including room and board costs | 6 | | have been approved by the
Review Board, then such room and | 7 | | board costs shall be paid by the
appropriate State agency | 8 | | subject to the provisions of Section 14-8.01 of
this Act. Room | 9 | | and board costs not provided by a State agency other
than the | 10 | | State Board of Education shall be provided by the State Board
| 11 | | of Education on a current basis. In no event, however, shall | 12 | | the
State's liability for funding of these tuition costs begin | 13 | | until after
the legal obligations of third party payors have | 14 | | been subtracted from
such costs. If the money appropriated by | 15 | | the General Assembly for such
purpose for any year is | 16 | | insufficient, it shall be apportioned on the
basis of the | 17 | | claims approved. Each district shall submit estimated claims to | 18 | | the State
Superintendent of Education. Upon approval of such | 19 | | claims, the State
Superintendent of Education shall direct the | 20 | | State Comptroller to make payments
on a monthly basis. The | 21 | | frequency for submitting estimated
claims and the method of | 22 | | determining payment shall be prescribed in rules
and | 23 | | regulations adopted by the State Board of Education. Such | 24 | | current state
reimbursement shall be reduced by an amount equal | 25 | | to the proceeds which
the child or child's parents are eligible | 26 | | to receive under any public or
private insurance or assistance |
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| 1 | | program. Nothing in this Section shall
be construed as | 2 | | relieving an insurer or similar third party from an
otherwise | 3 | | valid obligation to provide or to pay for services provided to
| 4 | | a child with a disability.
| 5 | | If it otherwise qualifies, a school district is eligible | 6 | | for the
transportation reimbursement under Section 14-13.01 | 7 | | and for the
reimbursement of tuition payments under this | 8 | | Section whether the
non-public school or special education | 9 | | facility, public out-of-state
school or county special | 10 | | education facility, attended by a child who
resides in that | 11 | | district and requires special educational services, is
within | 12 | | or outside of the State of Illinois. However, a district is not
| 13 | | eligible to claim transportation reimbursement under this | 14 | | Section unless
the district certifies to the State | 15 | | Superintendent of Education that the
district is unable to | 16 | | provide special educational services required by
the child for | 17 | | the current school year.
| 18 | | Nothing in this Section authorizes the reimbursement of a | 19 | | school
district for the amount paid for tuition of a child | 20 | | attending a
non-public school or special education facility, | 21 | | public out-of-state
school or county special education | 22 | | facility unless the school district
certifies to the State | 23 | | Superintendent of Education that the special
education program | 24 | | of that district is unable to meet the needs of that child
| 25 | | because of his disability and the State Superintendent of | 26 | | Education finds
that the school district is in substantial |
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| 1 | | compliance with Section 14-4.01. However, if a child is | 2 | | unilaterally placed by a State agency or any court in a | 3 | | non-public school or special education facility, public | 4 | | out-of-state school, or county special education facility, a | 5 | | school district shall not be required to certify to the State | 6 | | Superintendent of Education, for the purpose of tuition | 7 | | reimbursement, that the special education program of that | 8 | | district is unable to meet the needs of a child because of his | 9 | | or her disability.
| 10 | | Any educational or related services provided, pursuant to | 11 | | this
Section in a non-public school or special education | 12 | | facility or a
special education facility owned and operated by | 13 | | a county government
unit shall be at no cost to the parent or | 14 | | guardian of the child.
However, current law and practices | 15 | | relative to contributions by parents
or guardians for costs | 16 | | other than educational or related services are
not affected by | 17 | | this amendatory Act of 1978.
| 18 | | Reimbursement for children attending public school | 19 | | residential facilities
shall be made in accordance with the | 20 | | provisions of this Section.
| 21 | | Notwithstanding any other provision of law, any school | 22 | | district
receiving a payment under this Section or under | 23 | | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | 24 | | all or a portion of the funds that
it receives in a particular | 25 | | fiscal year or from general State aid pursuant
to Section | 26 | | 18-8.05 of this Code
as funds received in connection with any |
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| 1 | | funding program for which
it is entitled to receive funds from | 2 | | the State in that fiscal year (including,
without limitation, | 3 | | any funding program referenced in this Section),
regardless of | 4 | | the source or timing of the receipt. The district may not
| 5 | | classify more funds as funds received in connection with the | 6 | | funding
program than the district is entitled to receive in | 7 | | that fiscal year for that
program. Any
classification by a | 8 | | district must be made by a resolution of its board of
| 9 | | education. The resolution must identify the amount of any | 10 | | payments or
general State aid to be classified under this | 11 | | paragraph and must specify
the funding program to which the | 12 | | funds are to be treated as received in
connection therewith. | 13 | | This resolution is controlling as to the
classification of | 14 | | funds referenced therein. A certified copy of the
resolution | 15 | | must be sent to the State Superintendent of Education.
The | 16 | | resolution shall still take effect even though a copy of the | 17 | | resolution has
not been sent to the State
Superintendent of | 18 | | Education in a timely manner.
No
classification under this | 19 | | paragraph by a district shall affect the total amount
or timing | 20 | | of money the district is entitled to receive under this Code.
| 21 | | No classification under this paragraph by a district shall
in | 22 | | any way relieve the district from or affect any
requirements | 23 | | that otherwise would apply with respect to
that funding | 24 | | program, including any
accounting of funds by source, reporting | 25 | | expenditures by
original source and purpose,
reporting | 26 | | requirements,
or requirements of providing services.
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| 1 | | (Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; 99-78, | 2 | | eff. 7-20-15; 99-143, eff. 7-27-15.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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