Full Text of SB0517 102nd General Assembly
SB0517 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0517 Introduced 2/23/2021, by Sen. Meg Loughran Cappel SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/14-1.08 | from Ch. 122, par. 14-1.08 | 105 ILCS 5/14-7.02 | from Ch. 122, par. 14-7.02 |
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Amends the Children with Disabilities Article of the School Code. Includes public therapeutics programs in the definition of "special educational facilities and services". In a provision requiring a school district to pay the cost of tuition for special education and related services if a child attends a non-public school or special education facility, a public out-of-state school, or a special education facility owned and operated by a county government unit, provides that the special education and related services includes public therapeutics programs.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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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 Sections | 5 | | 14-1.08 and 14-7.02 as follows:
| 6 | | (105 ILCS 5/14-1.08) (from Ch. 122, par. 14-1.08)
| 7 | | Sec. 14-1.08. Special educational facilities and services. | 8 | | "Special
educational facilities and services" includes special | 9 | | schools, special
classes, special housing, including | 10 | | residential facilities, special
instruction, special reader | 11 | | service,
braillists and typists for children with visual
| 12 | | disabilities, sign language
interpreters, transportation, | 13 | | maintenance, instructional material,
therapy, public | 14 | | therapeutics programs, professional consultant services, | 15 | | medical services only for
diagnostic and evaluation purposes | 16 | | provided by a physician licensed to
practice medicine in all | 17 | | its branches to determine a child's need for
special education | 18 | | and related services, psychological services, school
social | 19 | | worker services, special administrative services, salaries of | 20 | | all
required special personnel, and other special educational | 21 | | services,
including special equipment for use in the | 22 | | classroom, required by the
child because of his disability if | 23 | | such services or special equipment
are approved by the State |
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| 1 | | Superintendent of Education
and the child is eligible
therefor | 2 | | under this Article and the regulations of the State Board of
| 3 | | Education.
| 4 | | (Source: P.A. 89-397, eff. 8-20-95.)
| 5 | | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| 6 | | Sec. 14-7.02. Children attending private schools, public
| 7 | | out-of-state schools, public school residential facilities or | 8 | | private
special education facilities. The General Assembly | 9 | | recognizes that non-public
schools or special education | 10 | | facilities provide an important service in the
educational | 11 | | system in Illinois.
| 12 | | If because of his or her disability the special education
| 13 | | program of a district is unable to meet the needs of a child | 14 | | and the
child attends a non-public school or special education | 15 | | facility, a
public out-of-state school or a special education | 16 | | facility owned and
operated by a county government unit that | 17 | | provides special educational
services required by the child | 18 | | and is in compliance with the appropriate
rules and | 19 | | regulations of the State Superintendent of Education, the
| 20 | | school district in which the child is a resident shall pay the | 21 | | actual
cost of tuition for special education and related | 22 | | services , including public therapeutics programs, provided
| 23 | | during the regular school term and during the summer school | 24 | | term if the
child's educational needs so require, excluding | 25 | | room, board and
transportation costs charged the child by that |
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| 1 | | non-public school or
special education facility, public | 2 | | out-of-state school or county special
education facility, or | 3 | | $4,500 per year, whichever is less, and shall
provide him any | 4 | | necessary transportation. "Nonpublic special
education | 5 | | facility" shall include a residential facility,
within or | 6 | | without the State of Illinois, which provides
special | 7 | | education and related services to meet the needs of the child | 8 | | by
utilizing private schools or public schools, whether | 9 | | located on the site
or off the site of the residential | 10 | | facility.
| 11 | | The State Board of Education shall promulgate rules and | 12 | | regulations
for determining when placement in a private | 13 | | special education facility
is appropriate. Such rules and | 14 | | regulations shall take into account
the various types of | 15 | | services needed by a child and the availability
of such | 16 | | services to the particular child in the public school.
In | 17 | | developing these rules and regulations the State Board of
| 18 | | Education shall consult with the Advisory Council on
Education | 19 | | of Children with Disabilities and hold public
hearings to | 20 | | secure recommendations from parents, school personnel,
and | 21 | | others concerned about this matter.
| 22 | | The State Board of Education shall also promulgate rules | 23 | | and
regulations for transportation to and from a residential | 24 | | school.
Transportation to and from home to a residential | 25 | | school more than once
each school term shall be subject to | 26 | | prior approval by the State
Superintendent in accordance with |
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| 1 | | the rules and regulations of the State
Board.
| 2 | | A school district making tuition payments pursuant to this
| 3 | | Section is eligible for reimbursement from the State for the | 4 | | amount of
such payments actually made in excess of the | 5 | | district per capita tuition
charge for students not receiving | 6 | | special education services.
Such reimbursement shall be | 7 | | approved in accordance with Section 14-12.01
and each district | 8 | | shall file its claims, computed in accordance with rules
| 9 | | prescribed by the State Board of Education, on forms | 10 | | prescribed by the
State Superintendent of Education. Data used | 11 | | as a basis of reimbursement
claims shall be for the preceding | 12 | | regular school term and summer school
term. Each school | 13 | | district shall transmit its claims to the State Board of | 14 | | Education
on or before
August 15. The State Board of | 15 | | Education, before approving any such claims,
shall determine | 16 | | their accuracy and whether they are based upon services
and | 17 | | facilities provided under approved programs. Upon approval the | 18 | | State
Board shall cause vouchers to be prepared showing the | 19 | | amount due
for payment of reimbursement claims to school
| 20 | | districts, for transmittal to the State Comptroller on
the | 21 | | 30th day of September, December, and March, respectively, and | 22 | | the final
voucher, no later than June 20. If the
money | 23 | | appropriated by the General Assembly for such purpose for any | 24 | | year
is insufficient, it shall be apportioned on the basis of | 25 | | the claims approved.
| 26 | | No child shall be placed in a special education program |
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| 1 | | pursuant to
this Section if the tuition cost for special | 2 | | education and related
services increases more than 10 percent | 3 | | over the tuition cost for the
previous school year or exceeds | 4 | | $4,500 per year unless such costs have
been approved by the | 5 | | Illinois Purchased Care Review Board. The
Illinois Purchased | 6 | | Care Review Board shall consist of the following
persons, or | 7 | | their designees: the Directors of Children and Family
| 8 | | Services, Public Health,
Public Aid, and the
Governor's Office | 9 | | of Management and Budget; the
Secretary of Human Services; the | 10 | | State Superintendent of Education; and such
other persons as | 11 | | the
Governor may designate. The Review Board shall also | 12 | | consist of one non-voting member who is an administrator of a
| 13 | | private, nonpublic, special education school. The Review Board | 14 | | shall establish rules and
regulations for its determination of | 15 | | allowable costs and payments made by
local school districts | 16 | | for special education, room and board, and other related
| 17 | | services provided by non-public schools or special education | 18 | | facilities and
shall establish uniform standards and criteria | 19 | | which it shall follow. The Review Board shall approve the | 20 | | usual and customary rate or rates of a special education | 21 | | program that (i) is offered by an out-of-state, non-public | 22 | | provider of integrated autism specific educational and autism | 23 | | specific residential services, (ii) offers 2 or more levels of | 24 | | residential care, including at least one locked facility, and | 25 | | (iii) serves 12 or fewer Illinois students. | 26 | | In determining rates based on allowable costs, the Review |
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| 1 | | Board shall consider any wage increases awarded by the General | 2 | | Assembly to front line personnel defined as direct support | 3 | | persons, aides, front-line supervisors, qualified intellectual | 4 | | disabilities professionals, nurses, and non-administrative | 5 | | support staff working in service settings in community-based | 6 | | settings within the State and adjust customary rates or rates | 7 | | of a special education program to be equitable to the wage | 8 | | increase awarded to similar staff positions in a community | 9 | | residential setting. Any wage increase awarded by the General | 10 | | Assembly to front line personnel defined as direct support | 11 | | persons, aides, front-line supervisors, qualified intellectual | 12 | | disabilities professionals, nurses, and non-administrative | 13 | | support staff working in community-based settings within the | 14 | | State, including the $0.75 per hour increase contained in | 15 | | Public Act 100-23 and the $0.50 per hour increase included in | 16 | | Public Act 100-23, shall also be a basis for any facility | 17 | | covered by this Section to appeal its rate before the Review | 18 | | Board under the process defined in Title 89, Part 900, Section | 19 | | 340 of the Illinois Administrative Code. Illinois | 20 | | Administrative Code Title 89, Part 900, Section 342 shall be | 21 | | updated to recognize wage increases awarded to community-based | 22 | | settings to be a basis for appeal. However, any wage increase | 23 | | that is captured upon appeal from a previous year shall not be | 24 | | counted by the Review Board as revenue for the purpose of | 25 | | calculating a facility's future rate. | 26 | | Any definition used by the Review Board in administrative |
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| 1 | | rule or policy to define "related organizations" shall include | 2 | | any and all exceptions contained in federal law or regulation | 3 | | as it pertains to the federal definition of "related | 4 | | organizations".
| 5 | | The Review Board shall establish uniform definitions and | 6 | | criteria for
accounting separately by special education, room | 7 | | and board and other
related services costs. The Board shall | 8 | | also establish guidelines for
the coordination of services and | 9 | | financial assistance provided by all
State agencies to assure | 10 | | that no otherwise qualified child with a disability
receiving | 11 | | services under Article 14 shall be excluded from participation
| 12 | | in, be denied the benefits of or be subjected to | 13 | | discrimination under
any program or activity provided by any | 14 | | State agency.
| 15 | | 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 | | The State Board of Education shall provide administrative | 21 | | and staff support
for the Review Board as deemed reasonable by | 22 | | the State Superintendent of
Education. This support shall not | 23 | | include travel expenses or other
compensation for any Review | 24 | | Board member other than the State Superintendent of
Education.
| 25 | | The Review Board shall seek the advice of the Advisory | 26 | | Council on
Education of Children with Disabilities on the |
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| 1 | | rules and
regulations to be
promulgated by it relative to | 2 | | providing special education services.
| 3 | | If a child has been placed in a program in which the actual | 4 | | per pupil costs
of tuition for special education and related | 5 | | services based on program
enrollment, excluding room, board | 6 | | and transportation costs, exceed $4,500 and
such costs have | 7 | | been approved by the Review Board, the district shall pay such
| 8 | | total costs which exceed $4,500. A district making such | 9 | | tuition payments in
excess of $4,500 pursuant to this Section | 10 | | shall be responsible for an amount in
excess of $4,500 equal to | 11 | | the district per capita
tuition charge and shall be eligible | 12 | | for reimbursement from the State for
the amount of such | 13 | | payments actually made in excess of the districts per capita
| 14 | | tuition charge for students not receiving special education | 15 | | services.
| 16 | | If a child has been placed in an approved individual | 17 | | program and the
tuition costs including room and board costs | 18 | | have been approved by the
Review Board, then such room and | 19 | | board costs shall be paid by the
appropriate State agency | 20 | | subject to the provisions of Section 14-8.01 of
this Act. Room | 21 | | and board costs not provided by a State agency other
than the | 22 | | State Board of Education shall be provided by the State Board
| 23 | | of Education on a current basis. In no event, however, shall | 24 | | the
State's liability for funding of these tuition costs begin | 25 | | until after
the legal obligations of third party payors have | 26 | | been subtracted from
such costs. If the money appropriated by |
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| 1 | | the General Assembly for such
purpose for any year is | 2 | | insufficient, it shall be apportioned on the
basis of the | 3 | | claims approved. Each district shall submit estimated claims | 4 | | to the State
Superintendent of Education. Upon approval of | 5 | | such claims, the State
Superintendent of Education shall | 6 | | direct the State Comptroller to make payments
on a monthly | 7 | | basis. The frequency for submitting estimated
claims and the | 8 | | method of determining payment shall be prescribed in rules
and | 9 | | regulations adopted by the State Board of Education. Such | 10 | | current state
reimbursement shall be reduced by an amount | 11 | | equal to the proceeds which
the child or child's parents are | 12 | | eligible to receive under any public or
private insurance or | 13 | | assistance program. Nothing in this Section shall
be construed | 14 | | as relieving an insurer or similar third party from an
| 15 | | otherwise valid obligation to provide or to pay for services | 16 | | provided to
a child with a disability.
| 17 | | If it otherwise qualifies, a school district is eligible | 18 | | for the
transportation reimbursement under Section 14-13.01 | 19 | | and for the
reimbursement of tuition payments under this | 20 | | Section whether the
non-public school or special education | 21 | | facility, public out-of-state
school or county special | 22 | | education facility, attended by a child who
resides in that | 23 | | district and requires special educational services, is
within | 24 | | or outside of the State of Illinois. However, a district is not
| 25 | | eligible to claim transportation reimbursement under this | 26 | | Section unless
the district certifies to the State |
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| 1 | | Superintendent of Education that the
district is unable to | 2 | | provide special educational services required by
the child for | 3 | | the current school year.
| 4 | | Nothing in this Section authorizes the reimbursement of a | 5 | | school
district for the amount paid for tuition of a child | 6 | | attending a
non-public school or special education facility, | 7 | | public out-of-state
school or county special education | 8 | | facility unless the school district
certifies to the State | 9 | | Superintendent of Education that the special
education program | 10 | | of that district is unable to meet the needs of that child
| 11 | | because of his disability and the State Superintendent of | 12 | | Education finds
that the school district is in substantial | 13 | | compliance with Section 14-4.01. However, if a child is | 14 | | unilaterally placed by a State agency or any court in a | 15 | | non-public school or special education facility, public | 16 | | out-of-state school, or county special education facility, a | 17 | | school district shall not be required to certify to the State | 18 | | Superintendent of Education, for the purpose of tuition | 19 | | reimbursement, that the special education program of that | 20 | | district is unable to meet the needs of a child because of his | 21 | | or her disability.
| 22 | | Any educational or related services provided, pursuant to | 23 | | this
Section in a non-public school or special education | 24 | | facility or a
special education facility owned and operated by | 25 | | a county government
unit shall be at no cost to the parent or | 26 | | guardian of the child.
However, current law and practices |
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| 1 | | relative to contributions by parents
or guardians for costs | 2 | | other than educational or related services are
not affected by | 3 | | this amendatory Act of 1978.
| 4 | | Reimbursement for children attending public school | 5 | | residential facilities
shall be made in accordance with the | 6 | | provisions of this Section.
| 7 | | Notwithstanding any other provision of law, any school | 8 | | district
receiving a payment under this Section or under | 9 | | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | 10 | | all or a portion of the funds that
it receives in a particular | 11 | | fiscal year or from general State aid pursuant
to Section | 12 | | 18-8.05 of this Code
as funds received in connection with any | 13 | | funding program for which
it is entitled to receive funds from | 14 | | the State in that fiscal year (including,
without limitation, | 15 | | any funding program referenced in this Section),
regardless of | 16 | | the source or timing of the receipt. The district may not
| 17 | | classify more funds as funds received in connection with the | 18 | | funding
program than the district is entitled to receive in | 19 | | that fiscal year for that
program. Any
classification by a | 20 | | district must be made by a resolution of its board of
| 21 | | education. The resolution must identify the amount of any | 22 | | payments or
general State aid to be classified under this | 23 | | paragraph and must specify
the funding program to which the | 24 | | funds are to be treated as received in
connection therewith. | 25 | | This resolution is controlling as to the
classification of | 26 | | funds referenced therein. A certified copy of the
resolution |
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| 1 | | must be sent to the State Superintendent of Education.
The | 2 | | resolution shall still take effect even though a copy of the | 3 | | resolution has
not been sent to the State
Superintendent of | 4 | | Education in a timely manner.
No
classification under this | 5 | | paragraph by a district shall affect the total amount
or | 6 | | timing of money the district is entitled to receive under this | 7 | | Code.
No classification under this paragraph by a district | 8 | | shall
in any way relieve the district from or affect any
| 9 | | requirements that otherwise would apply with respect to
that | 10 | | funding program, including any
accounting of funds by source, | 11 | | reporting expenditures by
original source and purpose,
| 12 | | reporting requirements,
or requirements of providing services.
| 13 | | (Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)
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