Full Text of HB0728 94th General Assembly
HB0728enr 94TH GENERAL ASSEMBLY
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HB0728 Enrolled |
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LRB094 08337 RAS 38530 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 14-7.02 as follows:
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| (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
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| Sec. 14-7.02. Children attending private schools, public
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| 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.
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| If because of his or her disability the special education
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| 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 and | 19 |
| is in compliance with the appropriate
rules and regulations of | 20 |
| the State Superintendent of Education, the
school district in | 21 |
| which the child is a resident shall pay the actual
cost of | 22 |
| tuition for special education and related services provided
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| 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 | 26 |
| non-public school or
special education facility, public | 27 |
| out-of-state school or county special
education facility, or | 28 |
| $4,500 per year, whichever is less, and shall
provide him any | 29 |
| necessary transportation. "Nonpublic special
education | 30 |
| facility" shall include a residential facility,
within or | 31 |
| without the State of Illinois, which provides
special education | 32 |
| and related services to meet the needs of the child by
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| utilizing private schools or public schools, whether located on | 2 |
| the site
or off the site of the residential facility.
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| The State Board of Education shall promulgate rules and | 4 |
| regulations
for determining when placement in a private special | 5 |
| education facility
is appropriate. Such rules and regulations | 6 |
| shall take into account
the various types of services needed by | 7 |
| a child and the availability
of such services to the particular | 8 |
| child in the public school.
In developing these rules and | 9 |
| regulations the State Board of
Education shall consult with the | 10 |
| Advisory Council on
Education of Children with Disabilities and | 11 |
| hold public
hearings to secure recommendations from parents, | 12 |
| school personnel,
and others concerned about this matter.
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| The State Board of Education shall also promulgate rules | 14 |
| and
regulations for transportation to and from a residential | 15 |
| school.
Transportation to and from home to a residential school | 16 |
| more than once
each school term shall be subject to prior | 17 |
| approval by the State
Superintendent in accordance with the | 18 |
| rules and regulations of the State
Board.
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| A school district making tuition payments pursuant to this
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| Section is eligible for reimbursement from the State for the | 21 |
| amount of
such payments actually made in excess of the district | 22 |
| per capita tuition
charge for students not receiving special | 23 |
| education services.
Such reimbursement shall be approved in | 24 |
| accordance with Section 14-12.01
and each district shall file | 25 |
| its claims, computed in accordance with rules
prescribed by the | 26 |
| State Board of Education, on forms prescribed by the
State | 27 |
| Superintendent of Education. Data used as a basis of | 28 |
| reimbursement
claims shall be for the preceding regular school | 29 |
| term and summer school
term. Each school district shall | 30 |
| transmit its claims to the State Board of Education
on or | 31 |
| before
August 15. The State Board of Education, before | 32 |
| approving any such claims,
shall determine their accuracy and | 33 |
| whether they are based upon services
and facilities provided | 34 |
| under approved programs. Upon approval the State
Board shall | 35 |
| cause vouchers to be prepared showing the amount due
for | 36 |
| payment of reimbursement claims to school
districts, for |
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| transmittal to the State Comptroller on
the 30th day of | 2 |
| September, December, and March, respectively, and the final
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| 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.
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| 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 |
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Governor may designate. The Review Board shall establish | 19 |
| rules and
regulations for its determination of allowable costs | 20 |
| and payments made by
local school districts for special | 21 |
| education, room and board, and other related
services provided | 22 |
| by non-public schools or special education facilities and
shall | 23 |
| establish uniform standards and criteria which it shall follow.
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| The Review Board shall establish uniform definitions and | 25 |
| criteria for
accounting separately by special education, room | 26 |
| and board and other
related services costs. The Board shall | 27 |
| also establish guidelines for
the coordination of services and | 28 |
| financial assistance provided by all
State agencies to assure | 29 |
| that no otherwise qualified disabled child
receiving services | 30 |
| under Article 14 shall be excluded from participation
in, be | 31 |
| denied the benefits of or be subjected to discrimination under
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| any program or activity provided by any State agency.
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| The Review Board shall review the costs for special | 34 |
| education and
related services provided by non-public schools | 35 |
| or special education
facilities and shall approve or disapprove | 36 |
| such facilities in accordance
with the rules and regulations |
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| established by it with respect to
allowable costs.
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| The State Board of Education shall provide administrative | 3 |
| and staff support
for the Review Board as deemed reasonable by | 4 |
| the State Superintendent of
Education. This support shall not | 5 |
| include travel expenses or other
compensation for any Review | 6 |
| Board member other than the State Superintendent of
Education.
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| The Review Board shall seek the advice of the Advisory | 8 |
| Council on
Education of Children with Disabilities on the rules | 9 |
| and
regulations to be
promulgated by it relative to providing | 10 |
| special education services.
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| If a child has been placed in a program in which the actual | 12 |
| per pupil costs
of tuition for special education and related | 13 |
| services based on program
enrollment, excluding room, board and | 14 |
| transportation costs, exceed $4,500 and
such costs have been | 15 |
| approved by the Review Board, the district shall pay such
total | 16 |
| costs which exceed $4,500. A district making such tuition | 17 |
| payments in
excess of $4,500 pursuant to this Section shall be | 18 |
| responsible for an amount in
excess of $4,500 equal to the | 19 |
| district per capita
tuition charge and shall be eligible for | 20 |
| reimbursement from the State for
the amount of such payments | 21 |
| actually made in excess of the districts per capita
tuition | 22 |
| charge for students not receiving special education services.
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| If a child has been placed in an approved individual | 24 |
| program and the
tuition costs including room and board costs | 25 |
| have been approved by the
Review Board, then such room and | 26 |
| board costs shall be paid by the
appropriate State agency | 27 |
| subject to the provisions of Section 14-8.01 of
this Act. Room | 28 |
| and board costs not provided by a State agency other
than the | 29 |
| State Board of Education shall be provided by the State Board
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| of Education on a current basis. In no event, however, shall | 31 |
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State's liability for funding of these tuition costs begin | 32 |
| until after
the legal obligations of third party payors have | 33 |
| been subtracted from
such costs. If the money appropriated by | 34 |
| the General Assembly for such
purpose for any year is | 35 |
| insufficient, it shall be apportioned on the
basis of the | 36 |
| claims approved. Each district shall submit estimated claims to |
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| the State
Superintendent of Education. Upon approval of such | 2 |
| claims, the State
Superintendent of Education shall direct the | 3 |
| State Comptroller to make payments
on a monthly basis. The | 4 |
| frequency for submitting estimated
claims and the method of | 5 |
| determining payment shall be prescribed in rules
and | 6 |
| regulations adopted by the State Board of Education. Such | 7 |
| current state
reimbursement shall be reduced by an amount equal | 8 |
| to the proceeds which
the child or child's parents are eligible | 9 |
| to receive under any public or
private insurance or assistance | 10 |
| program. Nothing in this Section shall
be construed as | 11 |
| relieving an insurer or similar third party from an
otherwise | 12 |
| valid obligation to provide or to pay for services provided to
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| a disabled child.
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| If it otherwise qualifies, a school district is eligible | 15 |
| for the
transportation reimbursement under Section 14-13.01 | 16 |
| and for the
reimbursement of tuition payments under this | 17 |
| Section whether the
non-public school or special education | 18 |
| facility, public out-of-state
school or county special | 19 |
| education facility, attended by a child who
resides in that | 20 |
| district and requires special educational services, is
within | 21 |
| or outside of the State of Illinois. However, a district is not
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| eligible to claim transportation reimbursement under this | 23 |
| Section unless
the district certifies to the State | 24 |
| Superintendent of Education that the
district is unable to | 25 |
| provide special educational services required by
the child for | 26 |
| the current school year.
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| Nothing in this Section authorizes the reimbursement of a | 28 |
| school
district for the amount paid for tuition of a child | 29 |
| attending a
non-public school or special education facility, | 30 |
| public out-of-state
school or county special education | 31 |
| facility unless the school district
certifies to the State | 32 |
| Superintendent of Education that the special
education program | 33 |
| of that district is unable to meet the needs of that child
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| because of his disability and the State Superintendent of | 35 |
| Education finds
that the school district is in substantial | 36 |
| compliance with Section 14-4.01. However, if a child is |
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| unilaterally placed by a State agency or any court in a | 2 |
| non-public school or special education facility, public | 3 |
| out-of-state school, or county special education facility, a | 4 |
| school district shall not be required to certify to the State | 5 |
| Superintendent of Education, for the purpose of tuition | 6 |
| reimbursement, that the special education program of that | 7 |
| district is unable to meet the needs of a child because of his | 8 |
| or her disability.
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| Any educational or related services provided, pursuant to | 10 |
| this
Section in a non-public school or special education | 11 |
| facility or a
special education facility owned and operated by | 12 |
| a county government
unit shall be at no cost to the parent or | 13 |
| guardian of the child.
However, current law and practices | 14 |
| relative to contributions by parents
or guardians for costs | 15 |
| other than educational or related services are
not affected by | 16 |
| this amendatory Act of 1978.
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| Reimbursement for children attending public school | 18 |
| residential facilities
shall be made in accordance with the | 19 |
| provisions of this Section.
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| Notwithstanding any other provision of law, any school | 21 |
| district
receiving a payment under this Section or under | 22 |
| Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | 23 |
| all or a portion of the funds that
it receives in a particular | 24 |
| fiscal year or from general State aid pursuant
to Section | 25 |
| 18-8.05 of this Code
as funds received in connection with any | 26 |
| funding program for which
it is entitled to receive funds from | 27 |
| the State in that fiscal year (including,
without limitation, | 28 |
| any funding program referenced in this Section),
regardless of | 29 |
| the source or timing of the receipt. The district may not
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| classify more funds as funds received in connection with the | 31 |
| funding
program than the district is entitled to receive in | 32 |
| that fiscal year for that
program. Any
classification by a | 33 |
| district must be made by a resolution of its board of
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| education. The resolution must identify the amount of any | 35 |
| payments or
general State aid to be classified under this | 36 |
| paragraph and must specify
the funding program to which the |
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| funds are to be treated as received in
connection therewith. | 2 |
| This resolution is controlling as to the
classification of | 3 |
| funds referenced therein. A certified copy of the
resolution | 4 |
| must be sent to the State Superintendent of Education.
The | 5 |
| resolution shall still take effect even though a copy of the | 6 |
| resolution has
not been sent to the State
Superintendent of | 7 |
| Education in a timely manner.
No
classification under this | 8 |
| paragraph by a district shall affect the total amount
or timing | 9 |
| of money the district is entitled to receive under this Code.
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| No classification under this paragraph by a district shall
in | 11 |
| any way relieve the district from or affect any
requirements | 12 |
| that otherwise would apply with respect to
that funding | 13 |
| program, including any
accounting of funds by source, reporting | 14 |
| expenditures by
original source and purpose,
reporting | 15 |
| requirements,
or requirements of providing services.
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| (Source: P.A. 92-568, eff. 6-26-02; 93-1022, eff. 8-24-04.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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