Full Text of HB4148 95th General Assembly
HB4148enr 95TH GENERAL ASSEMBLY
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HB4148 Enrolled |
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LRB095 13944 RAS 39734 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 |
| 14-7.02b as follows: | 6 |
| (105 ILCS 5/14-7.02b)
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| Sec. 14-7.02b. Funding for children requiring special | 8 |
| education services.
Payments to school districts for children | 9 |
| requiring
special education services documented in their | 10 |
| individualized education
program regardless of the program | 11 |
| from which these services are received,
excluding children | 12 |
| claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
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| be made in accordance with this Section. Funds received under | 14 |
| this Section
may be used only for the provision of special | 15 |
| educational facilities and
services as defined in Section | 16 |
| 14-1.08 of this Code.
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| The appropriation for fiscal year 2005 and thereafter shall | 18 |
| be based upon
the IDEA child count of all students in the | 19 |
| State, excluding students
claimed under Sections 14-7.02 and | 20 |
| 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
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| preceding, multiplied by 17.5% of the general State aid
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| foundation level of support established for that fiscal year | 23 |
| under Section
18-8.05 of
this Code.
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LRB095 13944 RAS 39734 b |
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| Beginning with fiscal year 2005 and through fiscal year | 2 |
| 2007, individual school districts
shall not receive payments | 3 |
| under this Section totaling less than they received
under the
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| funding authorized under Section 14-7.02a of this Code
during | 5 |
| fiscal year 2004, pursuant to the provisions of Section | 6 |
| 14-7.02a as they
were in effect before the effective date of | 7 |
| this amendatory Act of the 93rd
General Assembly. This base | 8 |
| level funding shall be computed first.
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| Beginning with fiscal year 2008 and each fiscal year | 10 |
| thereafter, individual school districts must not receive | 11 |
| payments under this Section totaling less than they received in | 12 |
| fiscal year 2007. This funding shall be computed last and shall | 13 |
| be a separate calculation from any other calculation set forth | 14 |
| in this Section. This amount is exempt from the requirements of | 15 |
| Section 1D-1 of this Code.
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| An amount equal to 85% of the funds remaining in the | 17 |
| appropriation , after subtracting any base level funding for | 18 |
| that fiscal year, shall be allocated to school districts based | 19 |
| upon the
district's average daily attendance reported for | 20 |
| purposes of Section
18-8.05 of this Code for the preceding | 21 |
| school year. Fifteen percent of the
funds
remaining in the | 22 |
| appropriation , after subtracting any base level funding for | 23 |
| that fiscal year,
shall be allocated to school districts based | 24 |
| upon the district's low income
eligible pupil count used in the | 25 |
| calculation of general State aid under Section
18-8.05 of this | 26 |
| Code for the same fiscal year. One hundred percent of the
funds
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LRB095 13944 RAS 39734 b |
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| computed and allocated to districts under this Section shall be | 2 |
| distributed and
paid to school districts.
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| For individual
students with disabilities whose program | 4 |
| costs exceed 4 times the
district's per capita tuition rate
as | 5 |
| calculated under Section 10-20.12a of this Code, the costs in | 6 |
| excess
of 4 times the district's per capita tuition rate shall | 7 |
| be paid by the State
Board of Education from unexpended IDEA | 8 |
| discretionary funds originally
designated for room and board | 9 |
| reimbursement pursuant to Section
14-8.01 of this Code. The | 10 |
| amount of tuition for these children shall be
determined by the | 11 |
| actual cost of maintaining classes for these children,
using | 12 |
| the per
capita cost formula set forth in Section 14-7.01 of | 13 |
| this Code, with the
program and cost being pre-approved by the | 14 |
| State Superintendent of
Education. Reimbursement for | 15 |
| individual students with disabilities whose program costs | 16 |
| exceed 4 times the district's per capita tuition rate shall be | 17 |
| claimed beginning with costs encumbered for the 2004-2005 | 18 |
| school year and thereafter.
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| The State Board of Education shall prepare vouchers equal | 20 |
| to one-fourth the
amount allocated to districts, for | 21 |
| transmittal
to the State Comptroller on the 30th day of | 22 |
| September, December, and March,
respectively, and the final | 23 |
| voucher, no later than June 20. The Comptroller
shall make | 24 |
| payments pursuant to this Section to school districts as soon | 25 |
| as possible after receipt of vouchers. If the money
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| appropriated from the General Assembly for such purposes for |
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LRB095 13944 RAS 39734 b |
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| any year is
insufficient, it shall be apportioned on the basis | 2 |
| of the payments due to
school districts.
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| Nothing in this Section shall be construed to decrease or | 4 |
| increase the
percentage of all special education funds that are | 5 |
| allocated annually
under Article 1D of this Code
or to alter | 6 |
| the requirement that a
school district provide special | 7 |
| education services.
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| Nothing in this amendatory Act of the 93rd General Assembly | 9 |
| shall
eliminate any reimbursement obligation owed as of the | 10 |
| effective date of this
amendatory Act of the 93rd General | 11 |
| Assembly to a school district with in excess
of 500,000 | 12 |
| inhabitants.
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| (Source: P.A. 93-1022, eff. 8-24-04.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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