Illinois General Assembly - Full Text of SB0517
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Full Text of SB0517  102nd General Assembly

SB0517sam001 102ND GENERAL ASSEMBLY

Sen. Meg Loughran Cappel

Filed: 3/19/2021

 

 


 

 


 
10200SB0517sam001LRB102 15918 CMG 23344 a

1
AMENDMENT TO SENATE BILL 517

2    AMENDMENT NO. ______. Amend Senate Bill 517 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 14-1.08 and 14-7.02 and by adding Section 14-1.08a as
6follows:
 
7    (105 ILCS 5/14-1.08)  (from Ch. 122, par. 14-1.08)
8    Sec. 14-1.08. Special educational facilities and services.
9"Special educational facilities and services" includes special
10schools, special classes, special housing, including
11residential facilities, separate public special education day
12schools, special instruction, special reader service,
13braillists and typists for children with visual disabilities,
14sign language interpreters, transportation, maintenance,
15instructional material, therapy, professional consultant
16services, medical services only for diagnostic and evaluation

 

 

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1purposes provided by a physician licensed to practice medicine
2in all its branches to determine a child's need for special
3education and related services, psychological services, school
4social worker services, special administrative services,
5salaries of all required special personnel, and other special
6educational services, including special equipment for use in
7the classroom, required by the child because of his disability
8if such services or special equipment are approved by the
9State Superintendent of Education and the child is eligible
10therefor under this Article and the regulations of the State
11Board of Education.
12(Source: P.A. 89-397, eff. 8-20-95.)
 
13    (105 ILCS 5/14-1.08a new)
14    Sec. 14-1.08a. Separate public special education day
15school. "Separate public special education day school" means a
16separate special education program or facility that is
17established exclusively to meet the needs of special education
18students who cannot be educated in the general school
19environment and that provides services comparable to a private
20special education school. A separate public special education
21day school may be established by a public school district or by
22a special education cooperative.
 
23    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
24    Sec. 14-7.02. Children attending private schools, public

 

 

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1out-of-state schools, public school residential facilities or
2private special education facilities. The General Assembly
3recognizes that non-public schools or special education
4facilities provide an important service in the educational
5system in Illinois.
6    If because of his or her disability the special education
7program of a district is unable to meet the needs of a child
8and the child attends a non-public school or special education
9facility, a public out-of-state school or a special education
10facility owned and operated by a county government unit that
11provides special educational services required by the child
12and is in compliance with the appropriate rules and
13regulations of the State Superintendent of Education, the
14school district in which the child is a resident shall pay the
15actual cost of tuition for special education and related
16services, including special education and related services
17provided by a separate public special education day school,
18provided during the regular school term and during the summer
19school term if the child's educational needs so require,
20excluding room, board and transportation costs charged the
21child by that non-public school or special education facility,
22public out-of-state school or county special education
23facility, or $4,500 per year, whichever is less, and shall
24provide him any necessary transportation. "Nonpublic special
25education facility" shall include a residential facility,
26within or without the State of Illinois, which provides

 

 

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1special education and related services to meet the needs of
2the child by utilizing private schools or public schools,
3whether located on the site or off the site of the residential
4facility.
5    The State Board of Education shall promulgate rules and
6regulations for determining when placement in a private
7special education facility is appropriate. Such rules and
8regulations shall take into account the various types of
9services needed by a child and the availability of such
10services to the particular child in the public school. In
11developing these rules and regulations the State Board of
12Education shall consult with the Advisory Council on Education
13of Children with Disabilities and hold public hearings to
14secure recommendations from parents, school personnel, and
15others concerned about this matter.
16    The State Board of Education shall also promulgate rules
17and regulations for transportation to and from a residential
18school. Transportation to and from home to a residential
19school more than once each school term shall be subject to
20prior approval by the State Superintendent in accordance with
21the rules and regulations of the State Board.
22    A school district making tuition payments pursuant to this
23Section is eligible for reimbursement from the State for the
24amount of such payments actually made in excess of the
25district per capita tuition charge for students not receiving
26special education services. Such reimbursement shall be

 

 

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1approved in accordance with Section 14-12.01 and each district
2shall file its claims, computed in accordance with rules
3prescribed by the State Board of Education, on forms
4prescribed by the State Superintendent of Education. Data used
5as a basis of reimbursement claims shall be for the preceding
6regular school term and summer school term. Each school
7district shall transmit its claims to the State Board of
8Education on or before August 15. The State Board of
9Education, before approving any such claims, shall determine
10their accuracy and whether they are based upon services and
11facilities provided under approved programs. Upon approval the
12State Board shall cause vouchers to be prepared showing the
13amount due for payment of reimbursement claims to school
14districts, for transmittal to the State Comptroller on the
1530th day of September, December, and March, respectively, and
16the final voucher, no later than June 20. If the money
17appropriated by the General Assembly for such purpose for any
18year is insufficient, it shall be apportioned on the basis of
19the claims approved.
20    No child shall be placed in a special education program
21pursuant to this Section if the tuition cost for special
22education and related services increases more than 10 percent
23over the tuition cost for the previous school year or exceeds
24$4,500 per year unless such costs have been approved by the
25Illinois Purchased Care Review Board. The Illinois Purchased
26Care Review Board shall consist of the following persons, or

 

 

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1their designees: the Directors of Children and Family
2Services, Public Health, Public Aid, and the Governor's Office
3of Management and Budget; the Secretary of Human Services; the
4State Superintendent of Education; and such other persons as
5the Governor may designate. The Review Board shall also
6consist of one non-voting member who is an administrator of a
7private, nonpublic, special education school. The Review Board
8shall establish rules and regulations for its determination of
9allowable costs and payments made by local school districts
10for special education, room and board, and other related
11services provided by non-public schools or special education
12facilities and shall establish uniform standards and criteria
13which it shall follow. The Review Board shall approve the
14usual and customary rate or rates of a special education
15program that (i) is offered by an out-of-state, non-public
16provider of integrated autism specific educational and autism
17specific residential services, (ii) offers 2 or more levels of
18residential care, including at least one locked facility, and
19(iii) serves 12 or fewer Illinois students.
20    In determining rates based on allowable costs, the Review
21Board shall consider any wage increases awarded by the General
22Assembly to front line personnel defined as direct support
23persons, aides, front-line supervisors, qualified intellectual
24disabilities professionals, nurses, and non-administrative
25support staff working in service settings in community-based
26settings within the State and adjust customary rates or rates

 

 

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1of a special education program to be equitable to the wage
2increase awarded to similar staff positions in a community
3residential setting. Any wage increase awarded by the General
4Assembly to front line personnel defined as direct support
5persons, aides, front-line supervisors, qualified intellectual
6disabilities professionals, nurses, and non-administrative
7support staff working in community-based settings within the
8State, including the $0.75 per hour increase contained in
9Public Act 100-23 and the $0.50 per hour increase included in
10Public Act 100-23, shall also be a basis for any facility
11covered by this Section to appeal its rate before the Review
12Board under the process defined in Title 89, Part 900, Section
13340 of the Illinois Administrative Code. Illinois
14Administrative Code Title 89, Part 900, Section 342 shall be
15updated to recognize wage increases awarded to community-based
16settings to be a basis for appeal. However, any wage increase
17that is captured upon appeal from a previous year shall not be
18counted by the Review Board as revenue for the purpose of
19calculating a facility's future rate.
20    Any definition used by the Review Board in administrative
21rule or policy to define "related organizations" shall include
22any and all exceptions contained in federal law or regulation
23as it pertains to the federal definition of "related
24organizations".
25    The Review Board shall establish uniform definitions and
26criteria for accounting separately by special education, room

 

 

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1and board and other related services costs. The Board shall
2also establish guidelines for the coordination of services and
3financial assistance provided by all State agencies to assure
4that no otherwise qualified child with a disability receiving
5services under Article 14 shall be excluded from participation
6in, be denied the benefits of or be subjected to
7discrimination under any program or activity provided by any
8State agency.
9    The Review Board shall review the costs for special
10education and related services provided by non-public schools
11or special education facilities and shall approve or
12disapprove such facilities in accordance with the rules and
13regulations established by it with respect to allowable costs.
14    The State Board of Education shall provide administrative
15and staff support for the Review Board as deemed reasonable by
16the State Superintendent of Education. This support shall not
17include travel expenses or other compensation for any Review
18Board member other than the State Superintendent of Education.
19    The Review Board shall seek the advice of the Advisory
20Council on Education of Children with Disabilities on the
21rules and regulations to be promulgated by it relative to
22providing special education services.
23    If a child has been placed in a program in which the actual
24per pupil costs of tuition for special education and related
25services based on program enrollment, excluding room, board
26and transportation costs, exceed $4,500 and such costs have

 

 

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1been approved by the Review Board, the district shall pay such
2total costs which exceed $4,500. A district making such
3tuition payments in excess of $4,500 pursuant to this Section
4shall be responsible for an amount in excess of $4,500 equal to
5the district per capita tuition charge and shall be eligible
6for reimbursement from the State for the amount of such
7payments actually made in excess of the districts per capita
8tuition charge for students not receiving special education
9services.
10    If a child has been placed in an approved individual
11program and the tuition costs including room and board costs
12have been approved by the Review Board, then such room and
13board costs shall be paid by the appropriate State agency
14subject to the provisions of Section 14-8.01 of this Act. Room
15and board costs not provided by a State agency other than the
16State Board of Education shall be provided by the State Board
17of Education on a current basis. In no event, however, shall
18the State's liability for funding of these tuition costs begin
19until after the legal obligations of third party payors have
20been subtracted from such costs. If the money appropriated by
21the General Assembly for such purpose for any year is
22insufficient, it shall be apportioned on the basis of the
23claims approved. Each district shall submit estimated claims
24to the State Superintendent of Education. Upon approval of
25such claims, the State Superintendent of Education shall
26direct the State Comptroller to make payments on a monthly

 

 

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1basis. The frequency for submitting estimated claims and the
2method of determining payment shall be prescribed in rules and
3regulations adopted by the State Board of Education. Such
4current state reimbursement shall be reduced by an amount
5equal to the proceeds which the child or child's parents are
6eligible to receive under any public or private insurance or
7assistance program. Nothing in this Section shall be construed
8as relieving an insurer or similar third party from an
9otherwise valid obligation to provide or to pay for services
10provided to a child with a disability.
11    If it otherwise qualifies, a school district is eligible
12for the transportation reimbursement under Section 14-13.01
13and for the reimbursement of tuition payments under this
14Section whether the non-public school or special education
15facility, public out-of-state school or county special
16education facility, attended by a child who resides in that
17district and requires special educational services, is within
18or outside of the State of Illinois. However, a district is not
19eligible to claim transportation reimbursement under this
20Section unless the district certifies to the State
21Superintendent of Education that the district is unable to
22provide special educational services required by the child for
23the current school year.
24    Nothing in this Section authorizes the reimbursement of a
25school district for the amount paid for tuition of a child
26attending a non-public school or special education facility,

 

 

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1public out-of-state school or county special education
2facility unless the school district certifies to the State
3Superintendent of Education that the special education program
4of that district is unable to meet the needs of that child
5because of his disability and the State Superintendent of
6Education finds that the school district is in substantial
7compliance with Section 14-4.01. However, if a child is
8unilaterally placed by a State agency or any court in a
9non-public school or special education facility, public
10out-of-state school, or county special education facility, a
11school district shall not be required to certify to the State
12Superintendent of Education, for the purpose of tuition
13reimbursement, that the special education program of that
14district is unable to meet the needs of a child because of his
15or her disability.
16    Any educational or related services provided, pursuant to
17this Section in a non-public school or special education
18facility or a special education facility owned and operated by
19a county government unit shall be at no cost to the parent or
20guardian of the child. However, current law and practices
21relative to contributions by parents or guardians for costs
22other than educational or related services are not affected by
23this amendatory Act of 1978.
24    Reimbursement for children attending public school
25residential facilities shall be made in accordance with the
26provisions of this Section.

 

 

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1    Notwithstanding any other provision of law, any school
2district receiving a payment under this Section or under
3Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
4all or a portion of the funds that it receives in a particular
5fiscal year or from general State aid pursuant to Section
618-8.05 of this Code as funds received in connection with any
7funding program for which it is entitled to receive funds from
8the State in that fiscal year (including, without limitation,
9any funding program referenced in this Section), regardless of
10the source or timing of the receipt. The district may not
11classify more funds as funds received in connection with the
12funding program than the district is entitled to receive in
13that fiscal year for that program. Any classification by a
14district must be made by a resolution of its board of
15education. The resolution must identify the amount of any
16payments or general State aid to be classified under this
17paragraph and must specify the funding program to which the
18funds are to be treated as received in connection therewith.
19This resolution is controlling as to the classification of
20funds referenced therein. A certified copy of the resolution
21must be sent to the State Superintendent of Education. The
22resolution shall still take effect even though a copy of the
23resolution has not been sent to the State Superintendent of
24Education in a timely manner. No classification under this
25paragraph by a district shall affect the total amount or
26timing of money the district is entitled to receive under this

 

 

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1Code. No classification under this paragraph by a district
2shall in any way relieve the district from or affect any
3requirements that otherwise would apply with respect to that
4funding program, including any accounting of funds by source,
5reporting expenditures by original source and purpose,
6reporting requirements, or requirements of providing services.
7(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)".