Full Text of HB0041 102nd General Assembly
HB0041enr 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 Sections | 5 | | 14-7.02 and 14-7.05 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 | 17 | | facility owned and
operated by a county government unit that | 18 | | provides special educational
services required by the child | 19 | | and is in compliance with the appropriate
rules and | 20 | | regulations of the State Superintendent of Education, the
| 21 | | school district in which the child is a resident shall pay the | 22 | | actual
cost of tuition for special education and related | 23 | | services provided
during the regular school term and during |
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| 1 | | the summer school term if the
child's educational needs so | 2 | | require, excluding room, board and
transportation costs | 3 | | charged the child by that non-public school or
special | 4 | | education facility, public out-of-state school or county | 5 | | special
education facility, or $4,500 per year, whichever is | 6 | | less, and shall
provide him any necessary transportation. | 7 | | "Nonpublic special
education facility" shall include a | 8 | | residential facility,
within or without the State of Illinois, | 9 | | which provides
special education and related services to meet | 10 | | the needs of the child by
utilizing private schools or public | 11 | | schools, whether located on the site
or off the site of the | 12 | | residential facility.
| 13 | | Prior to the placement of a child in an out-of-state | 14 | | special education residential facility, the school district | 15 | | must refer to the child or the child's parent or guardian the | 16 | | option to place the child in a special education residential | 17 | | facility located within this State, if any, that provides | 18 | | treatment and services comparable to those provided by the | 19 | | out-of-state special education residential facility. The | 20 | | school district must review annually the placement of a child | 21 | | in an out-of-state special education residential facility. As | 22 | | a part of the review, the school district must refer to the | 23 | | child or the child's parent or guardian the option to place the | 24 | | child in a comparable special education residential facility | 25 | | located within this State, if any. | 26 | | The State Board of Education shall promulgate rules and |
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| 1 | | regulations
for determining when placement in a private | 2 | | special education facility
is appropriate. Such rules and | 3 | | regulations shall take into account
the various types of | 4 | | services needed by a child and the availability
of such | 5 | | services to the particular child in the public school.
In | 6 | | developing these rules and regulations the State Board of
| 7 | | Education shall consult with the Advisory Council on
Education | 8 | | of Children with Disabilities and hold public
hearings to | 9 | | secure recommendations from parents, school personnel,
and | 10 | | others concerned about this matter.
| 11 | | The State Board of Education shall also promulgate rules | 12 | | and
regulations for transportation to and from a residential | 13 | | school.
Transportation to and from home to a residential | 14 | | school more than once
each school term shall be subject to | 15 | | prior approval by the State
Superintendent in accordance with | 16 | | the rules and regulations of the State
Board.
| 17 | | A school district making tuition payments pursuant to this
| 18 | | Section is eligible for reimbursement from the State for the | 19 | | amount of
such payments actually made in excess of the | 20 | | district per capita tuition
charge for students not receiving | 21 | | special education services.
Such reimbursement shall be | 22 | | approved in accordance with Section 14-12.01
and each district | 23 | | shall file its claims, computed in accordance with rules
| 24 | | prescribed by the State Board of Education, on forms | 25 | | prescribed by the
State Superintendent of Education. Data used | 26 | | as a basis of reimbursement
claims shall be for the preceding |
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| 1 | | regular school term and summer school
term. Each school | 2 | | district shall transmit its claims to the State Board of | 3 | | Education
on or before
August 15. The State Board of | 4 | | Education, before approving any such claims,
shall determine | 5 | | their accuracy and whether they are based upon services
and | 6 | | facilities provided under approved programs. Upon approval the | 7 | | State
Board shall cause vouchers to be prepared showing the | 8 | | amount due
for payment of reimbursement claims to school
| 9 | | districts, for transmittal to the State Comptroller on
the | 10 | | 30th day of September, December, and March, respectively, and | 11 | | the final
voucher, no later than June 20. If the
money | 12 | | appropriated by the General Assembly for such purpose for any | 13 | | year
is insufficient, it shall be apportioned on the basis of | 14 | | the claims approved.
| 15 | | No child shall be placed in a special education program | 16 | | pursuant to
this Section if the tuition cost for special | 17 | | education and related
services increases more than 10 percent | 18 | | over the tuition cost for the
previous school year or exceeds | 19 | | $4,500 per year unless such costs have
been approved by the | 20 | | Illinois Purchased Care Review Board. The
Illinois Purchased | 21 | | Care Review Board shall consist of the following
persons, or | 22 | | their designees: the Directors of Children and Family
| 23 | | Services, Public Health,
Public Aid, and the
Governor's Office | 24 | | of Management and Budget; the
Secretary of Human Services; the | 25 | | State Superintendent of Education; and such
other persons as | 26 | | the
Governor may designate. The Review Board shall also |
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| 1 | | consist of one non-voting member who is an administrator of a
| 2 | | private, nonpublic, special education school. The Review Board | 3 | | shall establish rules and
regulations for its determination of | 4 | | allowable costs and payments made by
local school districts | 5 | | for special education, room and board, and other related
| 6 | | services provided by non-public schools or special education | 7 | | facilities and
shall establish uniform standards and criteria | 8 | | which it shall follow. The Review Board shall approve the | 9 | | usual and customary rate or rates of a special education | 10 | | program that (i) is offered by an out-of-state, non-public | 11 | | provider of integrated autism specific educational and autism | 12 | | specific residential services, (ii) offers 2 or more levels of | 13 | | residential care, including at least one locked facility, and | 14 | | (iii) serves 12 or fewer Illinois students. | 15 | | In determining rates based on allowable costs, the Review | 16 | | Board shall consider any wage increases awarded by the General | 17 | | Assembly to front line personnel defined as direct support | 18 | | persons, aides, front-line supervisors, qualified intellectual | 19 | | disabilities professionals, nurses, and non-administrative | 20 | | support staff working in service settings in community-based | 21 | | settings within the State and adjust customary rates or rates | 22 | | of a special education program to be equitable to the wage | 23 | | increase awarded to similar staff positions in a community | 24 | | residential setting. Any wage increase awarded by the General | 25 | | Assembly to front line personnel defined as direct support | 26 | | persons, aides, front-line supervisors, qualified intellectual |
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| 1 | | disabilities professionals, nurses, and non-administrative | 2 | | support staff working in community-based settings within the | 3 | | State, including the $0.75 per hour increase contained in | 4 | | Public Act 100-23 and the $0.50 per hour increase included in | 5 | | Public Act 100-23, shall also be a basis for any facility | 6 | | covered by this Section to appeal its rate before the Review | 7 | | Board under the process defined in Title 89, Part 900, Section | 8 | | 340 of the Illinois Administrative Code. Illinois | 9 | | Administrative Code Title 89, Part 900, Section 342 shall be | 10 | | updated to recognize wage increases awarded to community-based | 11 | | settings to be a basis for appeal. However, any wage increase | 12 | | that is captured upon appeal from a previous year shall not be | 13 | | counted by the Review Board as revenue for the purpose of | 14 | | calculating a facility's future rate. | 15 | | Any definition used by the Review Board in administrative | 16 | | rule or policy to define "related organizations" shall include | 17 | | any and all exceptions contained in federal law or regulation | 18 | | as it pertains to the federal definition of "related | 19 | | organizations".
| 20 | | The Review Board shall establish uniform definitions and | 21 | | criteria for
accounting separately by special education, room | 22 | | and board and other
related services costs. The Board shall | 23 | | also establish guidelines for
the coordination of services and | 24 | | financial assistance provided by all
State agencies to assure | 25 | | that no otherwise qualified child with a disability
receiving | 26 | | services under Article 14 shall be excluded from participation
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| 1 | | in, be denied the benefits of or be subjected to | 2 | | discrimination under
any program or activity provided by any | 3 | | 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 | 7 | | disapprove such facilities in accordance
with the rules and | 8 | | regulations 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 | 16 | | rules and
regulations to be
promulgated by it relative to | 17 | | providing 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 | 21 | | and transportation costs, exceed $4,500 and
such costs have | 22 | | been approved by the Review Board, the district shall pay such
| 23 | | total costs which exceed $4,500. A district making such | 24 | | tuition payments in
excess of $4,500 pursuant to this Section | 25 | | shall be responsible for an amount in
excess of $4,500 equal to | 26 | | the district per capita
tuition charge and shall be eligible |
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| 1 | | for reimbursement from the State for
the amount of such | 2 | | payments actually made in excess of the districts per capita
| 3 | | tuition charge for students not receiving special education | 4 | | services.
| 5 | | If a child has been placed in an approved individual | 6 | | program and the
tuition costs including room and board costs | 7 | | have been approved by the
Review Board, then such room and | 8 | | board costs shall be paid by the
appropriate State agency | 9 | | subject to the provisions of Section 14-8.01 of
this Act. Room | 10 | | and board costs not provided by a State agency other
than the | 11 | | State Board of Education shall be provided by the State Board
| 12 | | of Education on a current basis. In no event, however, shall | 13 | | the
State's liability for funding of these tuition costs begin | 14 | | until after
the legal obligations of third party payors have | 15 | | been subtracted from
such costs. If the money appropriated by | 16 | | the General Assembly for such
purpose for any year is | 17 | | insufficient, it shall be apportioned on the
basis of the | 18 | | claims approved. Each district shall submit estimated claims | 19 | | to the State
Superintendent of Education. Upon approval of | 20 | | such claims, the State
Superintendent of Education shall | 21 | | direct the State Comptroller to make payments
on a monthly | 22 | | basis. The frequency for submitting estimated
claims and the | 23 | | method of determining payment shall be prescribed in rules
and | 24 | | regulations adopted by the State Board of Education. Such | 25 | | current state
reimbursement shall be reduced by an amount | 26 | | equal to the proceeds which
the child or child's parents are |
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| 1 | | eligible to receive under any public or
private insurance or | 2 | | assistance program. Nothing in this Section shall
be construed | 3 | | as relieving an insurer or similar third party from an
| 4 | | otherwise valid obligation to provide or to pay for services | 5 | | provided to
a child with a disability.
| 6 | | If it otherwise qualifies, a school district is eligible | 7 | | for the
transportation reimbursement under Section 14-13.01 | 8 | | and for the
reimbursement of tuition payments under this | 9 | | Section whether the
non-public school or special education | 10 | | facility, public out-of-state
school or county special | 11 | | education facility, attended by a child who
resides in that | 12 | | district and requires special educational services, is
within | 13 | | or outside of the State of Illinois. However, a district is not
| 14 | | eligible to claim transportation reimbursement under this | 15 | | Section unless
the district certifies to the State | 16 | | Superintendent of Education that the
district is unable to | 17 | | provide special educational services required by
the child for | 18 | | the current school year.
| 19 | | Nothing in this Section authorizes the reimbursement of a | 20 | | school
district for the amount paid for tuition of a child | 21 | | attending a
non-public school or special education facility, | 22 | | public out-of-state
school or county special education | 23 | | facility unless the school district
certifies to the State | 24 | | Superintendent of Education that the special
education program | 25 | | of that district is unable to meet the needs of that child
| 26 | | because of his disability and the State Superintendent of |
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| 1 | | Education finds
that the school district is in substantial | 2 | | compliance with Section 14-4.01. However, if a child is | 3 | | unilaterally placed by a State agency or any court in a | 4 | | non-public school or special education facility, public | 5 | | out-of-state school, or county special education facility, a | 6 | | school district shall not be required to certify to the State | 7 | | Superintendent of Education, for the purpose of tuition | 8 | | reimbursement, that the special education program of that | 9 | | district is unable to meet the needs of a child because of his | 10 | | or her disability.
| 11 | | Any educational or related services provided, pursuant to | 12 | | this
Section in a non-public school or special education | 13 | | facility or a
special education facility owned and operated by | 14 | | a county government
unit shall be at no cost to the parent or | 15 | | guardian of the child.
However, current law and practices | 16 | | relative to contributions by parents
or guardians for costs | 17 | | other than educational or related services are
not affected by | 18 | | this amendatory Act of 1978.
| 19 | | Reimbursement for children attending public school | 20 | | residential facilities
shall be made in accordance with the | 21 | | provisions of this Section.
| 22 | | Notwithstanding any other provision of law, any school | 23 | | district
receiving a payment under this Section or under | 24 | | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | 25 | | all or a portion of the funds that
it receives in a particular | 26 | | fiscal year or from general State aid pursuant
to Section |
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| 1 | | 18-8.05 of this Code
as funds received in connection with any | 2 | | funding program for which
it is entitled to receive funds from | 3 | | the State in that fiscal year (including,
without limitation, | 4 | | any funding program referenced in this Section),
regardless of | 5 | | the source or timing of the receipt. The district may not
| 6 | | classify more funds as funds received in connection with the | 7 | | funding
program than the district is entitled to receive in | 8 | | that fiscal year for that
program. Any
classification by a | 9 | | district must be made by a resolution of its board of
| 10 | | education. The resolution must identify the amount of any | 11 | | payments or
general State aid to be classified under this | 12 | | paragraph and must specify
the funding program to which the | 13 | | funds are to be treated as received in
connection therewith. | 14 | | This resolution is controlling as to the
classification of | 15 | | funds referenced therein. A certified copy of the
resolution | 16 | | must be sent to the State Superintendent of Education.
The | 17 | | resolution shall still take effect even though a copy of the | 18 | | resolution has
not been sent to the State
Superintendent of | 19 | | Education in a timely manner.
No
classification under this | 20 | | paragraph by a district shall affect the total amount
or | 21 | | timing of money the district is entitled to receive under this | 22 | | Code.
No classification under this paragraph by a district | 23 | | shall
in any way relieve the district from or affect any
| 24 | | requirements that otherwise would apply with respect to
that | 25 | | funding program, including any
accounting of funds by source, | 26 | | reporting expenditures by
original source and purpose,
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| 1 | | reporting requirements,
or requirements of providing services.
| 2 | | (Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)
| 3 | | (105 ILCS 5/14-7.05)
| 4 | | Sec. 14-7.05. Placement in residential facility; payment | 5 | | of educational costs. For any student with a disability in a | 6 | | residential facility placement made or paid for by an Illinois | 7 | | public State agency or made by any court in this State, the | 8 | | school district of residence as determined pursuant to this | 9 | | Article is responsible for the costs of educating the child | 10 | | and shall be reimbursed for those costs in accordance with | 11 | | this Code. Subject to this Section and relevant State | 12 | | appropriation, the resident district's financial | 13 | | responsibility and reimbursement must be calculated in | 14 | | accordance with the provisions of Section 14-7.02 of this | 15 | | Code. In those instances in which a district receives a block | 16 | | grant pursuant to Article 1D of this Code, the district's | 17 | | financial responsibility is limited to the actual educational | 18 | | costs of the placement, which must be paid by the district from | 19 | | its block grant appropriation. Resident district financial | 20 | | responsibility and reimbursement applies for both residential | 21 | | facilities that are approved by the State Board of Education | 22 | | and non-approved facilities, subject to the requirements of | 23 | | this Section. The Illinois placing agency or court remains | 24 | | responsible for funding the residential portion of the | 25 | | placement and for notifying the resident district prior to the |
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| 1 | | placement, except in emergency situations. The residential | 2 | | facility in which the student is placed shall notify the | 3 | | resident district of the student's enrollment as soon as | 4 | | practicable after the placement. Failure of the placing agency | 5 | | or court to notify the resident district prior to the | 6 | | placement does not absolve the resident district of financial | 7 | | responsibility for the educational costs of the placement; | 8 | | however, the resident district shall not become financially | 9 | | responsible unless and until it receives written notice of the | 10 | | placement by either the placing agency, court, or residential | 11 | | facility. The placing agency or parent shall request an | 12 | | individualized education program (IEP) meeting from the | 13 | | resident district if the placement would entail additional | 14 | | educational services beyond the student's current IEP. The | 15 | | district of residence shall retain control of the IEP process, | 16 | | and any changes to the IEP must be done in compliance with the | 17 | | federal Individuals with Disabilities Education Act. | 18 | | Prior to the placement of a child in an out-of-state | 19 | | special education residential facility, the placing agency or | 20 | | court must refer to the child or the child's parent or guardian | 21 | | the option to place the child in a special education | 22 | | residential facility located within this State, if any, that | 23 | | provides treatment and services comparable to those provided | 24 | | by the out-of-state special education residential facility. | 25 | | The placing agency or court must review annually the placement | 26 | | of a child in an out-of-state special education residential |
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| 1 | | facility. As a part of the review, the placing agency or court | 2 | | must refer to the child or the child's parent or guardian the | 3 | | option to place the child in a comparable special education | 4 | | residential facility located within this State, if any. | 5 | | Payments shall be made by the resident district to the | 6 | | entity providing the educational services, whether the entity | 7 | | is the residential facility or the school district wherein the | 8 | | facility is located, no less than once per quarter unless | 9 | | otherwise agreed to in writing by the parties. | 10 | | A residential facility providing educational services | 11 | | within the facility, but not approved by the State Board of | 12 | | Education, is required to demonstrate proof to the State Board | 13 | | of (i) appropriate certification of teachers for the student | 14 | | population, (ii) age-appropriate curriculum, (iii) enrollment | 15 | | and attendance data, and (iv) the ability to implement the | 16 | | child's IEP. A school district is under no obligation to pay | 17 | | such a residential facility unless and until such proof is | 18 | | provided to the State Board's satisfaction. | 19 | | When a dispute arises over the determination of the | 20 | | district of residence under this Section, any person or | 21 | | entity, including without limitation a school district or | 22 | | residential facility, may make a written request for a | 23 | | residency decision to the State Superintendent of Education, | 24 | | who, upon review of materials submitted and any other items of | 25 | | information he or she may request for submission, shall issue | 26 | | his or her decision in writing. The decision of the State |
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| 1 | | Superintendent of Education is final.
| 2 | | (Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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