Full Text of HB4365 102nd General Assembly
HB4365eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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. | 10 | | (a) The General Assembly recognizes that non-public
| 11 | | schools or special education facilities provide an important | 12 | | service in the
educational system in Illinois.
| 13 | | (b) If a student's individualized education program (IEP) | 14 | | team determines that because of his or her disability the | 15 | | special education
program of a district is unable to meet the | 16 | | needs of the a child and the
child attends a non-public school | 17 | | or special education facility, a
public out-of-state school or | 18 | | a special education facility owned and
operated by a county | 19 | | government unit that provides special educational
services | 20 | | required by the child and is in compliance with the | 21 | | appropriate
rules and regulations of the State Superintendent | 22 | | of Education, the
school district in which the child is a | 23 | | resident shall pay the actual
cost of tuition for special |
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| 1 | | education and related services provided
during the regular | 2 | | school term and during the summer school term if the
child's | 3 | | educational needs so require, excluding room, board and
| 4 | | transportation costs charged the child by that non-public | 5 | | school or
special education facility, public out-of-state | 6 | | school or county special
education facility, or $4,500 per | 7 | | year, whichever is less, and shall
provide him any necessary | 8 | | transportation. "Nonpublic special
education facility" shall | 9 | | include a residential facility,
within or without the State of | 10 | | Illinois, which provides
special education and related | 11 | | services to meet the needs of the child by
utilizing private | 12 | | schools or public schools, whether located on the site
or off | 13 | | the site of the residential facility. Resident district | 14 | | financial responsibility and reimbursement applies for both | 15 | | nonpublic special education facilities that are approved by | 16 | | the State Board of Education pursuant to 23 Ill. Adm. Code 401 | 17 | | or other applicable laws or rules and for emergency placements | 18 | | in nonpublic special education facilities that are not | 19 | | approved by the State Board of Education pursuant to 23 Ill. | 20 | | Adm. Code 401 or other applicable laws or rules, subject to the | 21 | | requirements of this Section.
| 22 | | (c) Prior to the placement of a child in an out-of-state | 23 | | special education residential facility, the school district | 24 | | must refer to the child or the child's parent or guardian the | 25 | | option to place the child in a special education residential | 26 | | facility located within this State, if any, that provides |
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| 1 | | treatment and services comparable to those provided by the | 2 | | out-of-state special education residential facility. The | 3 | | school district must review annually the placement of a child | 4 | | in an out-of-state special education residential facility. As | 5 | | a part of the review, the school district must refer to the | 6 | | child or the child's parent or guardian the option to place the | 7 | | child in a comparable special education residential facility | 8 | | located within this State, if any. | 9 | | (d) Payments shall be made by the resident school district | 10 | | to the entity providing the educational services, whether the | 11 | | entity is the nonpublic special education facility or the | 12 | | school district wherein the facility is located, no less than | 13 | | once per quarter, unless otherwise agreed to in writing by the | 14 | | parties. | 15 | | (e) A school district may place a student in a nonpublic | 16 | | special education facility providing educational services, but | 17 | | not approved by the State Board of Education pursuant to 23 | 18 | | Ill. Adm. Code 401 or other applicable laws or rules, provided | 19 | | that the State Board of Education provides an emergency and | 20 | | student-specific approval for placement. The State Board of | 21 | | Education shall promptly, within 10 days after the request, | 22 | | approve a request for emergency and student-specific approval | 23 | | for placement if the following have been demonstrated to the | 24 | | State Board of Education: | 25 | | (1) the facility demonstrates appropriate licensure of | 26 | | teachers for the student population; |
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| 1 | | (2) the facility demonstrates age-appropriate | 2 | | curriculum; | 3 | | (3) the facility provides enrollment and attendance | 4 | | data; | 5 | | (4) the facility demonstrates the ability to implement | 6 | | the child's IEP; and | 7 | | (5) the school district demonstrates that it made good | 8 | | faith efforts to place the student in an approved | 9 | | facility, but no approved facility has accepted the | 10 | | student or has availability for immediate placement of the | 11 | | student. | 12 | | A resident school district may also submit such proof to the | 13 | | State Board of Education as may be required for its student. | 14 | | The State Board of Education may not unreasonably withhold | 15 | | approval once satisfactory proof is provided to the State | 16 | | Board. | 17 | | (f) If an impartial due process hearing officer who is | 18 | | contracted by the State Board of Education pursuant to this | 19 | | Article orders placement of a student with a disability in a | 20 | | residential facility that is not approved by the State Board | 21 | | of Education, then, for purposes of this Section, the facility | 22 | | shall be deemed approved for placement and school district | 23 | | payments and State reimbursements shall be made accordingly. | 24 | | (g) Emergency placement in a facility approved pursuant to | 25 | | subsection (e) or (f) may continue to be utilized so long as | 26 | | (i) the student's IEP team determines annually that such |
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| 1 | | placement continues to be appropriate to meet the student's | 2 | | needs and (ii) at least every 3 years following the student's | 3 | | placement, the IEP team reviews appropriate placements | 4 | | approved by the State Board of Education pursuant to 23 Ill. | 5 | | Adm. Code 401 or other applicable laws or rules to determine | 6 | | whether there are any approved placements that can meet the | 7 | | student's needs, have accepted the student, and have | 8 | | availability for placement of the student. | 9 | | (h) The State Board of Education shall promulgate rules | 10 | | and regulations
for determining when placement in a private | 11 | | special education facility
is appropriate. Such rules and | 12 | | regulations shall take into account
the various types of | 13 | | services needed by a child and the availability
of such | 14 | | services to the particular child in the public school.
In | 15 | | developing these rules and regulations the State Board of
| 16 | | Education shall consult with the Advisory Council on
Education | 17 | | of Children with Disabilities and hold public
hearings to | 18 | | secure recommendations from parents, school personnel,
and | 19 | | others concerned about this matter.
| 20 | | The State Board of Education shall also promulgate rules | 21 | | and
regulations for transportation to and from a residential | 22 | | school.
Transportation to and from home to a residential | 23 | | school more than once
each school term shall be subject to | 24 | | prior approval by the State
Superintendent in accordance with | 25 | | the rules and regulations of the State
Board.
| 26 | | (i) A school district making tuition payments pursuant to |
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| 1 | | this
Section is eligible for reimbursement from the State for | 2 | | the amount of
such payments actually made in excess of the | 3 | | district per capita tuition
charge for students not receiving | 4 | | special education services.
Such reimbursement shall be | 5 | | approved in accordance with Section 14-12.01
and each district | 6 | | shall file its claims, computed in accordance with rules
| 7 | | prescribed by the State Board of Education, on forms | 8 | | prescribed by the
State Superintendent of Education. Data used | 9 | | as a basis of reimbursement
claims shall be for the preceding | 10 | | regular school term and summer school
term. Each school | 11 | | district shall transmit its claims to the State Board of | 12 | | Education
on or before
August 15. The State Board of | 13 | | Education, before approving any such claims,
shall determine | 14 | | their accuracy and whether they are based upon services
and | 15 | | facilities provided under approved programs. Upon approval the | 16 | | State
Board shall cause vouchers to be prepared showing the | 17 | | amount due
for payment of reimbursement claims to school
| 18 | | districts, for transmittal to the State Comptroller on
the | 19 | | 30th day of September, December, and March, respectively, and | 20 | | the final
voucher, no later than June 20. If the
money | 21 | | appropriated by the General Assembly for such purpose for any | 22 | | year
is insufficient, it shall be apportioned on the basis of | 23 | | the claims approved.
| 24 | | (j) No child shall be placed in a special education | 25 | | program pursuant to
this Section if the tuition cost for | 26 | | special education and related
services increases more than 10 |
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| 1 | | percent over the tuition cost for the
previous school year or | 2 | | exceeds $4,500 per year unless such costs have
been approved | 3 | | by the Illinois Purchased Care Review Board. The
Illinois | 4 | | Purchased Care Review Board shall consist of the following
| 5 | | persons, or their designees: the Directors of Children and | 6 | | Family
Services, Public Health,
Public Aid, and the
Governor's | 7 | | Office of Management and Budget; the
Secretary of Human | 8 | | Services; the State Superintendent of Education; and such
| 9 | | other persons as the
Governor may designate. The Review Board | 10 | | shall also consist of one non-voting member who is an | 11 | | administrator of a
private, nonpublic, special education | 12 | | school. The Review Board shall establish rules and
regulations | 13 | | for its determination of allowable costs and payments made by
| 14 | | local school districts for special education, room and board, | 15 | | and other related
services provided by non-public schools or | 16 | | special education facilities and
shall establish uniform | 17 | | standards and criteria which it shall follow. The Review Board | 18 | | shall approve the usual and customary rate or rates of a | 19 | | special education program that (i) is offered by an | 20 | | out-of-state, non-public provider of integrated autism | 21 | | specific educational and autism specific residential services, | 22 | | (ii) offers 2 or more levels of residential care, including at | 23 | | least one locked facility, and (iii) serves 12 or fewer | 24 | | Illinois students. | 25 | | (k) In determining rates based on allowable costs, the | 26 | | Review Board shall consider any wage increases awarded by the |
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| 1 | | General Assembly to front line personnel defined as direct | 2 | | support persons, aides, front-line supervisors, qualified | 3 | | intellectual disabilities professionals, nurses, and | 4 | | non-administrative support staff working in service settings | 5 | | in community-based settings within the State and adjust | 6 | | customary rates or rates of a special education program to be | 7 | | equitable to the wage increase awarded to similar staff | 8 | | positions in a community residential setting. Any wage | 9 | | increase awarded by the General Assembly to front line | 10 | | personnel defined as direct support persons, aides, front-line | 11 | | supervisors, qualified intellectual disabilities | 12 | | professionals, nurses, and non-administrative support staff | 13 | | working in community-based settings within the State, | 14 | | including the $0.75 per hour increase contained in Public Act | 15 | | 100-23 and the $0.50 per hour increase included in Public Act | 16 | | 100-23, shall also be a basis for any facility covered by this | 17 | | Section to appeal its rate before the Review Board under the | 18 | | process defined in Title 89, Part 900, Section 340 of the | 19 | | Illinois Administrative Code. Illinois Administrative Code | 20 | | Title 89, Part 900, Section 342 shall be updated to recognize | 21 | | wage increases awarded to community-based settings to be a | 22 | | basis for appeal. However, any wage increase that is captured | 23 | | upon appeal from a previous year shall not be counted by the | 24 | | Review Board as revenue for the purpose of calculating a | 25 | | facility's future rate. | 26 | | (l) Any definition used by the Review Board in |
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| 1 | | administrative rule or policy to define "related | 2 | | organizations" shall include any and all exceptions contained | 3 | | in federal law or regulation as it pertains to the federal | 4 | | definition of "related organizations".
| 5 | | (m) The Review Board shall establish uniform definitions | 6 | | and criteria for
accounting separately by special education, | 7 | | room and board and other
related services costs. The Board | 8 | | shall also establish guidelines for
the coordination of | 9 | | services and financial assistance provided by all
State | 10 | | agencies to assure that no otherwise qualified child with a | 11 | | disability
receiving services under Article 14 shall be | 12 | | excluded from participation
in, be denied the benefits of or | 13 | | be subjected to discrimination under
any program or activity | 14 | | provided by any State agency.
| 15 | | (n) The Review Board shall review the costs for special | 16 | | education and
related services provided by non-public schools | 17 | | or special education
facilities and shall approve or | 18 | | disapprove such facilities in accordance
with the rules and | 19 | | regulations established by it with respect to
allowable costs.
| 20 | | (o) The State Board of Education shall provide | 21 | | administrative and staff support
for the Review Board as | 22 | | deemed reasonable by the State Superintendent of
Education. | 23 | | This support shall not include travel expenses or other
| 24 | | compensation for any Review Board member other than the State | 25 | | Superintendent of
Education.
| 26 | | (p) The Review Board shall seek the advice of the Advisory |
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| 1 | | Council on
Education of Children with Disabilities on the | 2 | | rules and
regulations to be
promulgated by it relative to | 3 | | providing special education services.
| 4 | | (q) If a child has been placed in a program in which the | 5 | | actual per pupil costs
of tuition for special education and | 6 | | related services based on program
enrollment, excluding room, | 7 | | board and transportation costs, exceed $4,500 and
such costs | 8 | | have been approved by the Review Board, the district shall pay | 9 | | such
total costs which exceed $4,500. A district making such | 10 | | tuition payments in
excess of $4,500 pursuant to this Section | 11 | | shall be responsible for an amount in
excess of $4,500 equal to | 12 | | the district per capita
tuition charge and shall be eligible | 13 | | for reimbursement from the State for
the amount of such | 14 | | payments actually made in excess of the districts per capita
| 15 | | tuition charge for students not receiving special education | 16 | | services.
| 17 | | (r) If a child has been placed in an approved individual | 18 | | program and the
tuition costs including room and board costs | 19 | | have been approved by the
Review Board, then such room and | 20 | | board costs shall be paid by the
appropriate State agency | 21 | | subject to the provisions of Section 14-8.01 of
this Act. Room | 22 | | and board costs not provided by a State agency other
than the | 23 | | State Board of Education shall be provided by the State Board
| 24 | | of Education on a current basis. In no event, however, shall | 25 | | the
State's liability for funding of these tuition costs begin | 26 | | until after
the legal obligations of third party payors have |
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| 1 | | been subtracted from
such costs. If the money appropriated by | 2 | | the General Assembly for such
purpose for any year is | 3 | | insufficient, it shall be apportioned on the
basis of the | 4 | | claims approved. Each district shall submit estimated claims | 5 | | to the State
Superintendent of Education. Upon approval of | 6 | | such claims, the State
Superintendent of Education shall | 7 | | direct the State Comptroller to make payments
on a monthly | 8 | | basis. The frequency for submitting estimated
claims and the | 9 | | method of determining payment shall be prescribed in rules
and | 10 | | regulations adopted by the State Board of Education. Such | 11 | | current state
reimbursement shall be reduced by an amount | 12 | | equal to the proceeds which
the child or child's parents are | 13 | | eligible to receive under any public or
private insurance or | 14 | | assistance program. Nothing in this Section shall
be construed | 15 | | as relieving an insurer or similar third party from an
| 16 | | otherwise valid obligation to provide or to pay for services | 17 | | provided to
a child with a disability.
| 18 | | (s) If it otherwise qualifies, a school district is | 19 | | eligible for the
transportation reimbursement under Section | 20 | | 14-13.01 and for the
reimbursement of tuition payments under | 21 | | this Section whether the
non-public school or special | 22 | | education facility, public out-of-state
school or county | 23 | | special education facility, attended by a child who
resides in | 24 | | that district and requires special educational services, is
| 25 | | within or outside of the State of Illinois. However, a | 26 | | district is not
eligible to claim transportation reimbursement |
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| 1 | | under this Section unless
the district certifies to the State | 2 | | Superintendent of Education that the
district is unable to | 3 | | provide special educational services required by
the child for | 4 | | the current school year.
| 5 | | (t) Nothing in this Section authorizes the reimbursement | 6 | | of a school
district for the amount paid for tuition of a child | 7 | | attending a
non-public school or special education facility, | 8 | | public out-of-state
school or county special education | 9 | | facility unless the school district
certifies to the State | 10 | | Superintendent of Education that the special
education program | 11 | | of that district is unable to meet the needs of that child
| 12 | | because of his disability and the State Superintendent of | 13 | | Education finds
that the school district is in substantial | 14 | | compliance with Section 14-4.01. However, if a child is | 15 | | unilaterally placed by a State agency or any court in a | 16 | | non-public school or special education facility, public | 17 | | out-of-state school, or county special education facility, a | 18 | | school district shall not be required to certify to the State | 19 | | Superintendent of Education, for the purpose of tuition | 20 | | reimbursement, that the special education program of that | 21 | | district is unable to meet the needs of a child because of his | 22 | | or her disability.
| 23 | | (u) Any educational or related services provided, pursuant | 24 | | to this
Section in a non-public school or special education | 25 | | facility or a
special education facility owned and operated by | 26 | | a county government
unit shall be at no cost to the parent or |
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| 1 | | guardian of the child.
However, current law and practices | 2 | | relative to contributions by parents
or guardians for costs | 3 | | other than educational or related services are
not affected by | 4 | | this amendatory Act of 1978.
| 5 | | (v) Reimbursement for children attending public school | 6 | | residential facilities
shall be made in accordance with the | 7 | | provisions of this Section.
| 8 | | (w) Notwithstanding any other provision of law, any school | 9 | | district
receiving a payment under this Section or under | 10 | | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | 11 | | all or a portion of the funds that
it receives in a particular | 12 | | fiscal year or from general State aid pursuant
to Section | 13 | | 18-8.05 of this Code
as funds received in connection with any | 14 | | funding program for which
it is entitled to receive funds from | 15 | | the State in that fiscal year (including,
without limitation, | 16 | | any funding program referenced in this Section),
regardless of | 17 | | the source or timing of the receipt. The district may not
| 18 | | classify more funds as funds received in connection with the | 19 | | funding
program than the district is entitled to receive in | 20 | | that fiscal year for that
program. Any
classification by a | 21 | | district must be made by a resolution of its board of
| 22 | | education. The resolution must identify the amount of any | 23 | | payments or
general State aid to be classified under this | 24 | | paragraph and must specify
the funding program to which the | 25 | | funds are to be treated as received in
connection therewith. | 26 | | This resolution is controlling as to the
classification of |
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| 1 | | funds referenced therein. A certified copy of the
resolution | 2 | | must be sent to the State Superintendent of Education.
The | 3 | | resolution shall still take effect even though a copy of the | 4 | | resolution has
not been sent to the State
Superintendent of | 5 | | Education in a timely manner.
No
classification under this | 6 | | paragraph by a district shall affect the total amount
or | 7 | | timing of money the district is entitled to receive under this | 8 | | Code.
No classification under this paragraph by a district | 9 | | shall
in any way relieve the district from or affect any
| 10 | | requirements that otherwise would apply with respect to
that | 11 | | funding program, including any
accounting of funds by source, | 12 | | reporting expenditures by
original source and purpose,
| 13 | | reporting requirements,
or requirements of providing services.
| 14 | | (Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law. |
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