(105 ILCS 5/13B-40.30)
Sec. 13B-40.30. (Repealed).
(Source: P.A. 92-42, eff. 1-1-02. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/13B-40.35)
Sec. 13B-40.35.
Supplanting prohibited.
Alternative learning
opportunities grants may not be
used to supplant existing funds that the student would otherwise generate if in
attendance in the
regular school program.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-40.40)
Sec. 13B-40.40.
Cooperative and intergovernmental agreements funding.
Alternative
learning opportunities programs operating under a cooperative or
intergovernmental agreement shall
receive the total of funding that each individual program would be entitled to
receive separately.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-40.45)
Sec. 13B-40.45.
Deobligated funds.
Within any given grant year,
deobligated funds shall be
redistributed to existing alternative learning opportunities programs.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-40.50)
Sec. 13B-40.50.
Supplemental funding.
An alternative learning
opportunities program may
receive federal, State, and local grants, gifts, and foundation grants to
support the program.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-45)
Sec. 13B-45. Days and hours of attendance. An alternative learning
opportunities program
shall provide students with at least the minimum number of days of pupil
attendance required under Section 10-19 of this Code and the minimum number of
daily hours of school work required under Section 10-19.05 of this Code,
provided that the State Board may approve exceptions to these
requirements if the program meets all of the following conditions:
(1) The district plan submitted under Section | ||
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(2) Each day of attendance shall provide no fewer | ||
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(3) Each day of attendance that provides fewer than 5 | ||
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(4) Each program shall provide no fewer than 174 days | ||
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(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19.)
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(105 ILCS 5/13B-50)
Sec. 13B-50. Eligibility to receive general State aid or evidence-based funding. In order to
receive general State aid or evidence-based funding,
alternative learning opportunities programs must meet the requirements for
claiming general State
aid as specified in Section 18-8.05 of this Code or evidence-based funding as specified in Section 18-8.15 of this Code, as applicable, with the exception of the
length of the instructional
day, which may be less than 5 hours of school work if the program meets the
criteria set forth under
Sections 13B-50.5 and 13B-50.10 of this Code and if the program is approved by
the State Board.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/13B-50.5)
Sec. 13B-50.5. Conditions of funding. If an alternative learning
opportunities program
provides less than the daily 5 clock hours of school work required under Section 10-19.05, the program must meet
guidelines established
by the State Board and must provide supplementary services, including without
limitation work-based
learning, student assistance programs, counseling, case management, health and
fitness programs, life skills,
conflict resolution, or service learning, that are equal to the required
attendance.
(Source: P.A. 101-12, eff. 7-1-19.)
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(105 ILCS 5/13B-50.10)
Sec. 13B-50.10. Additional criteria for general State aid or evidence-based funding. In order to
claim general State aid or evidence-based funding,
an alternative learning opportunities program must meet the following
criteria:
(1) Teacher professional development plans should | ||
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(2) Facilities must meet the health, life, and safety | ||
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(3) The program must comply with all other State and | ||
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(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/13B-50.15)
Sec. 13B-50.15. Level of funding. Approved alternative learning
opportunities programs are
entitled to claim general State aid or evidence-based funding, subject to Sections 13B-50, 13B-50.5, and
13B-50.10 of this
Code. Approved programs operated by regional offices of education are entitled
to receive general
State aid at the foundation level of support. A school district or consortium
must ensure that an
approved program receives supplemental general State aid, transportation
reimbursements, and
special education resources, if appropriate, for students enrolled in the
program.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/13B-55)
Sec. 13B-55.
Non-resident students.
If one school district can more
efficiently serve students
from multiple school districts, an approved alternative learning opportunities
program may admit
non-resident students pursuant to the terms of an intergovernmental agreement
negotiated among
participating districts. The tuition charge must not be less than 100% nor
greater than 110% of the
per capita tuition rate for the resident district.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-60)
Sec. 13B-60.
Enrollment in program.
The provisions set forth in the
following Sections
preceding Section 13B-65 of this Code govern enrollment in an alternative
learning opportunities
program.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-60.5)
Sec. 13B-60.5.
Request for enrollment.
A school district that operates
an alternative learning opportunities program shall ensure that parents and
guardians are aware of the program and the services that the program offers. A
student may
be
enrolled in the program only upon the request of the student or the student's
parent or guardian and only after a conference under Section 13B-60.10 of this
Code has been held.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-60.10)
Sec. 13B-60.10. Parent conference. Before being enrolled in
an alternative learning opportunities program, the student and
each of his or her
parents or guardians, and, if the student is in the legal custody of the Department of Children and Family Services, the Department's Office of Education and Transition Services shall receive written notice to attend a conference to
determine if the student
would benefit from attending an alternative learning opportunities program.
The conference must
provide all of the information necessary for the student and parent or guardian
to make an informed
decision regarding enrollment in an alternative learning opportunities
program.
The conference shall include a discussion of the extent to which the
student, if enrolled in the program, may participate in school activities.
No student shall
be enrolled in an alternative learning opportunities program without the
consent of the student's parent or guardian.
(Source: P.A. 102-199, eff. 7-1-22 .)
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(105 ILCS 5/13B-60.15)
Sec. 13B-60.15.
Review of student progress.
A school district must
regularly review the
progress of students enrolled in an alternative learning opportunities program
to ensure that students
may return to the regular school program as soon as appropriate.
Upon request of the student's parent or guardian, the school district
shall review the student's progress using procedures established by the
district.
A student shall remain in the program only with the consent of the
student's parent or guardian and shall be promptly returned to the regular
school
program upon the request of the student's parent or guardian.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-60.20)
Sec. 13B-60.20.
Enrollment of special education students.
Any
enrollment of a special education student in an alternative learning
opportunities program must be done only if included in the
student's individualized education plan. The student's individualized
education plan must be implemented in the program by appropriately
certified personnel.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-60.25)
Sec. 13B-60.25.
Student Success Plan.
A Student Success Plan must be
developed for each
student enrolled in an alternative learning opportunities program. The student
and his or her parent or guardian
must be afforded an opportunity to participate in the
development of this Plan.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-65)
Sec. 13B-65. Teacher licensure. Teachers with a valid and active
elementary, secondary,
or special PK-12 Illinois teaching license may teach in an alternative
learning opportunities
program.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/13B-65.5)
Sec. 13B-65.5. Alternative learning credentials for teachers. Licensed
teachers may
receive an endorsement or approval in the area of alternative learning. The
State Board shall
establish teaching standards in alternative learning that lead to such an
endorsement or approval.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/13B-65.10)
Sec. 13B-65.10. Continuing professional development for teachers. Teachers may receive
continuing professional development units,
subject to the provisions of Section 13B-65.5 of
this Code, for professional development related to alternative learning.
(Source: P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/13B-70)
Sec. 13B-70.
Truancy and attendance problems.
If
a student is a chronic or habitual truant
as defined in Section 26-2a of this Code or if a
child has been ordered to
attend school, the school district may consider the student for placement in an
alternative learning
opportunities program specifically designed to prevent truancy, supplement
instruction for students
with attendance problems, intervene to decrease chronic truancy, and provide
alternatives to high
school completion. A program operating pursuant to the truants' alternative
and optional education
program may contract with a school district or consortium to provide these
services.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-75)
Sec. 13B-75.
Subcontracting.
A school district, regional office of
education, or public
community college may contract with a non-profit or for-profit educational
entity for the delivery of
services under this Article. All educational entities providing instructional
services for eligible
students must be recognized by the State Board.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-80)
Sec. 13B-80.
Student credit.
A school district must grant academic credit
to a student in an
alternative learning opportunities program for work completed at an education
provider that is
accredited by a regional accrediting body or recognized by the State Board
if the student's
performance meets district standards.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-85)
Sec. 13B-85. High school equivalency testing. A student 16 years
of age or over
who satisfactorily completes an alternative learning opportunities program in
accordance with school
district guidelines and the Student Success Plan may take a high school equivalency test.
(Source: P.A. 98-718, eff. 1-1-15 .)
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(105 ILCS 5/Art. 14 heading) ARTICLE 14.
CHILDREN WITH DISABILITIES
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(105 ILCS 5/14-1.01) (from Ch. 122, par. 14-1.01)
Sec. 14-1.01.
Meaning of terms.
Unless the context indicates otherwise, the terms used in this Article
have the meanings ascribed to them in Sections 14-1.02 to 14-1.10, each
inclusive.
(Source: Laws 1965, p. 1948 .)
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(105 ILCS 5/14-1.02) (from Ch. 122, par. 14-1.02)
Sec. 14-1.02. Children with disabilities.
"Children with disabilities" means children
between the ages of 3 and 21 for whom it is determined, through definitions
and procedures
described in the Illinois Rules and Regulations to Govern the Organization
and Administration of Special Education, that special education services
are needed. An eligible student who requires continued public school educational experience to facilitate his or her successful transition and integration into adult life is eligible for such services through age 21, inclusive, which, for purposes of this Article, means the day before the student's 22nd birthday, unless his or her 22nd birthday occurs during the school year, in which case he or she is eligible for such services through the end of the school year. An individualized education program must be written and agreed
upon by appropriate school personnel and parents or their representatives
for any child receiving special education.
(Source: P.A. 102-172, eff. 7-28-21.)
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(105 ILCS 5/14-1.03a) (from Ch. 122, par. 14-1.03a)
Sec. 14-1.03a. Children with Specific Learning Disabilities.
"Children with Specific Learning Disabilities" means children between
the ages of 3 and 21 years who have a disorder in one or more of the basic
psychological processes involved in understanding or in using language,
spoken or written, which disorder may manifest itself in imperfect ability
to listen, think, speak, read, write, spell or do mathematical
calculations. Such disorders include such conditions as perceptual
disabilities, brain injury, minimal brain dysfunction,
dyslexia, and
developmental aphasia. Such term does not include children who have
learning problems which are primarily the result of visual, hearing or
motor disabilities, of an intellectual disability, emotional
disturbance or
environmental disadvantage.
(Source: P.A. 97-227, eff. 1-1-12.)
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(105 ILCS 5/14-1.08) (from Ch. 122, par. 14-1.08)
Sec. 14-1.08.
Special educational facilities and services.
"Special
educational facilities and services" includes special schools, special
classes, special housing, including residential facilities, special
instruction, special reader service,
braillists and typists for children with visual
disabilities, sign language
interpreters, transportation, maintenance, instructional material,
therapy, professional consultant services, medical services only for
diagnostic and evaluation purposes provided by a physician licensed to
practice medicine in all its branches to determine a child's need for
special education and related services, psychological services, school
social worker services, special administrative services, salaries of all
required special personnel, and other special educational services,
including special equipment for use in the classroom, required by the
child because of his disability if such services or special equipment
are approved by the State Superintendent of Education
and the child is eligible
therefor under this Article and the regulations of the State Board of
Education.
(Source: P.A. 89-397, eff. 8-20-95.)
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(105 ILCS 5/14-1.09) (from Ch. 122, par. 14-1.09)
Sec. 14-1.09. School psychologist. "School psychologist" means a
psychologist who meets the following qualifications: (1) The psychologist: (A) has graduated with a master's or higher | ||
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(B) holds a valid Nationally Certified School | ||
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(2) The psychologist holds a Professional Educator | ||
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School psychologists may make evaluations, recommendations or interventions
regarding the placement of children in educational programs or special
education classes. However, a school psychologist shall not provide such
services outside his or her employment to any student in the district or
districts which employ such school psychologist.
(Source: P.A. 100-750, eff. 8-10-18.)
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(105 ILCS 5/14-1.09a) (from Ch. 122, par. 14-1.09a)
Sec. 14-1.09a. School social worker. "School social worker" means a
social worker who has graduated with a master's or higher degree in social
work from an accredited graduate school of social work and has such
additional qualifications as may be required by the State Board of
Education and who holds a Professional Educator License with a school support personnel endorsement for school social work pursuant to Section 21B-25 of this Code. Only persons
so licensed and endorsed may use the title "school social worker". A social worker may
offer school social work services as provided in this Code and other applicable laws and as set
forth in 23 Ill. Adm. Code 226, Special Education, promulgated by the State Board of Education, governing the provision of special education and related services to children with disabilities and requirements for the treatment of children with disabilities between the ages of 3 and 21.
School social workers may make evaluations, recommendations or
interventions regarding the placement of children in educational programs
or special education classes. However, a school social worker shall not
provide such services outside his or her employment to any student in the
district or districts which employ such school social worker.
(Source: P.A. 100-356, eff. 8-25-17.)
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(105 ILCS 5/14-1.09b)
Sec. 14-1.09b. Speech-language pathologist.
(a) For purposes of supervision of a speech-language pathology assistant,
"speech-language pathologist" means a person who has received a license
pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act
to engage in the practice of speech-language pathology.
(b) A Professional Educator License with a school support personnel endorsement for speech-language pathologist
shall be issued under Section 21B-25 of this Code to a
speech-language pathologist who meets all of the following requirements:
(1) (A) Holds a regular license as a speech-language | ||
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(2) Holds a master's or doctoral degree with a major | ||
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(3) Either (i) has completed a program of study that | ||
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(4) Has successfully completed the required Illinois | ||
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(5) Has paid the application fee required for | ||
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The provisions of this subsection (b) do not preclude the issuance of an educator license to a speech-language pathologist who qualifies for such a license. (c) Notwithstanding subsection (b), a Professional Educator License with a school support personnel endorsement for non-teaching speech-language pathologist shall be issued under Section 21B-25 to a speech-language pathologist who (i) holds a regular license as a speech-language pathologist pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act and (ii) holds a current Certificate of Clinical Competence in
speech-language pathology from the American Speech-Language-Hearing Association.
(Source: P.A. 101-94, eff. 1-1-20; 102-894, eff. 5-20-22.)
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(105 ILCS 5/14-1.09c)
Sec. 14-1.09c.
Speech-language pathology assistant.
"Speech-language
pathology assistant" means a person who has received a license to assist
a speech-language pathologist pursuant to the Illinois Speech-Language
Pathology and Audiology Practice Act.
(Source: P.A. 92-510, eff. 6-1-02.)
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(105 ILCS 5/14-1.09.1)
Sec. 14-1.09.1. School psychological services. In the public schools,
school psychological
services provided by qualified specialists who hold a Professional Educator License endorsed for school psychology issued by the
State Board of Education may
include, but are not limited to: (i) administration and interpretation of
psychological and
educational evaluations; (ii) developing school-based prevention programs,
including violence prevention programs; (iii) counseling
with students, parents, and teachers
on educational and mental health issues; (iv) acting as liaisons between public
schools and community agencies; (v) evaluating
program effectiveness; (vi) providing crisis intervention within the
school setting; (vii) helping teachers, parents, and others involved in the
educational process to provide optimum teaching and learning conditions for all
students; (viii) supervising school psychologist interns enrolled in school
psychology programs that meet the standards established by the State Board of
Education; and (ix) screening of school enrollments to identify children who
should be referred for individual study. Nothing in this Section prohibits
other qualified professionals from providing those services
listed for which
they are appropriately trained.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/14-1.09.2)
Sec. 14-1.09.2. School Social Work Services. In the
public schools, social work services may be provided by qualified specialists
who hold a Professional Educator License with a school support personnel endorsement in the area of school social worker under Section 21B-25 of this Code.
School social work services may include, but are not limited to:
(1) Identifying students in need of special education | ||
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(2) Developing and implementing comprehensive | ||
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(3) Consulting and collaborating with teachers and | ||
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(4) Counseling with students, parents, and teachers | ||
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(5) Acting as a liaison between the public schools | ||
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(6) Developing and implementing school-based | ||
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(7) Providing crisis intervention within the school | ||
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(8) Supervising school social work interns enrolled | ||
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(9) Providing parent education and counseling as | ||
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(10) Assisting in completing a functional behavioral | ||
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(11) Evaluating program effectiveness. Nothing in this Section prohibits other licensed professionals from
providing any of the services listed in this Section for which
they are appropriately trained.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/14-1.09d)
Sec. 14-1.09d. Behavior analyst. "Behavior analyst" means a person who is certified by the Behavior Analyst Certification Board.
(Source: P.A. 94-948, eff. 1-1-07.) |
(105 ILCS 5/14-1.10) (from Ch. 122, par. 14-1.10)
Sec. 14-1.10. Qualified worker. "Qualified worker" means a trained specialist and includes a behavior analyst, certificated school nurse, professional consultant, registered therapist, school nurse intern, school counselor, school counselor intern, school psychologist, school psychologist intern, school social worker, school social worker intern, special administrator or supervisor giving full time to special education, speech language pathologist, speech language pathologist intern, and teacher of students with IEPs who meets the requirements of this Article, who has the required special training in the understandings, techniques, and special instructional strategies for children with disabilities and who delivers services to students with IEPs, and any other trained specialist set forth by the State Board of Education in rules.
(Source: P.A. 95-363, eff. 8-23-07; 96-257, eff. 8-11-09.)
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(105 ILCS 5/14-1.11) (from Ch. 122, par. 14-1.11)
Sec. 14-1.11. Resident district; parent; legal guardian. The resident
district is the school district in which the parent or guardian, or both
parent and guardian, of the
student reside when:
(1) the parent has legal guardianship of the student | ||
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(2) an individual guardian has been appointed by the | ||
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(3) an Illinois public agency has legal guardianship | ||
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(4) an Illinois court orders a residential placement | ||
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In cases of divorced or separated parents, when only one parent has legal
guardianship or custody, the district in which the parent having legal
guardianship or custody resides
is the resident district. When both parents retain legal guardianship or
custody, the resident district is the district in which either parent who
provides the student's primary regular fixed night-time abode resides;
provided, that the election of resident district may be made only one time per
school year.
When the parent has legal guardianship and lives outside of the State of
Illinois, or when the individual legal guardian other than the natural
parent lives outside the State of Illinois, the parent, legal guardian, or
other placing agent is responsible for making arrangements to pay the
Illinois school district serving the child for the educational services
provided. Those service costs shall be determined in accordance with Section
14-7.01.
(Source: P.A. 95-844, eff. 8-15-08.)
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(105 ILCS 5/14-1.11a) (from Ch. 122, par. 14-1.11a)
Sec. 14-1.11a. Resident district; student. The resident district is the school district in which the student resides when:
(1) the parent has legal guardianship but the | ||
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(2) an individual guardian has been appointed but the | ||
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(3) the student is 18 years of age or older and no | ||
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(4) the student is legally an emancipated minor; or
(5) an Illinois public agency has legal guardianship | ||
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In cases where an Illinois public agency has legal guardianship and has
placed the student residentially outside of Illinois, the last school
district that provided at least 45 days of educational service to the
student shall continue to be the district of
residence until the student is no longer under guardianship of an Illinois
public agency or until the student is returned to Illinois.
The resident district of a homeless student is the Illinois district in
which the student enrolls for educational services. Homeless students
include individuals as defined in the Stewart B. McKinney Homeless Assistance
Act. The State Superintendent of Education may determine that the location of the parent or guardian of a student is unknown after considering information submitted from the school district that last enrolled the student or from the school or special education facility providing special education and related services to meet the needs of the student. The information submitted to the State Superintendent of Education must include an affidavit from that school district's superintendent or the facility's director attesting that the location of the parent or guardian is unknown and 4 items of documentary evidence that a minimum of 4 separate attempts were made to locate the parent or guardian. Any determination by the State Superintendent of Education that the location of a parent or guardian is unknown is final. However, any determination made by the State Superintendent of Education is subject to review and reconsideration any time a parent's or guardian's location becomes known.
(Source: P.A. 102-514, eff. 8-20-21.)
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(105 ILCS 5/14-1.11b) (from Ch. 122, par. 14-1.11b)
Sec. 14-1.11b.
Resident district; applicability.
The provisions of
Sections 14-1.11 and 14-1.11a shall be used to determine the resident
district in all cases where special education services and facilities are
provided pursuant to Article 14.
(Source: P.A. 87-1117.)
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(105 ILCS 5/14-2) Sec. 14-2. Definition of general education classroom for special education students receiving services in the general education classroom. (a) With respect to any State statute or administrative rule that defines a general education classroom to be composed of a certain percentage of students with individualized education programs (IEPs), students with individualized education programs shall exclude students receiving only speech services outside of the general education classroom, provided that the instruction the students receive in the general education classroom does not require modification. (b) In every instance, a school district must ensure that composition of the general education classroom does not interfere with the provision of a free and appropriate public education to any student.
(Source: P.A. 97-284, eff. 8-9-11.) |
(105 ILCS 5/14-3.01) (from Ch. 122, par. 14-3.01)
Sec. 14-3.01.
Advisory Council.
This amendatory Act of 1998, in compliance with the reauthorization of IDEA
in 1997, makes changes in the membership and responsibilities of the Advisory
Council on the Education of Children with
Disabilities. The Council shall provide advice and policy guidance to the
Governor, General Assembly, and the State Board of Education with respect to
special education and related services for children with disabilities. The
State Board of Education shall seek the advice of the Advisory Council
regarding all rules and regulations related to the education of children with
disabilities that are to be promulgated by the State Board of Education. The
State Board of Education shall seek the advice of the Advisory Council on
modifications or additions to comprehensive plans submitted under Section
14-4.01. The Council shall consider any rule or regulation or plan submitted
to it by the State Board of Education within 60 days after its receipt by the
chairperson of the Council.
Additionally, the Advisory Council shall: (1) advise the General Assembly,
the Governor, and the State Board of Education on unmet needs in the education
of children with disabilities; (2) assist the State Board of Education in
developing evaluations and reporting on data to the United States Secretary of
Education; (3) advise the State Board of Education relative to qualifications
for hearing officers and the rules and procedures for hearings conducted under
Section 14-8.02 or 14-8.02a; (4) comment publicly on any rules or regulations
proposed by
the State regarding the education of children with disabilities and the
procedures for distribution of funds under this Act; (5) advise the State Board
of Education in developing corrective action plans to address findings
identified in federal monitoring reports pursuant to the Individuals with
Disabilities Education Act; (6) advise State and local education agencies
regarding educational programs and materials that may be provided to children
with disabilities to enable them to fully exercise their constitutional and
legal rights and entitlements as citizens, including those afforded under the
Federal Rehabilitation Act of 1973, as amended, and the Illinois Human Rights
Act; and (7)
advise the State Board of Education in developing and implementing policies
relating to the coordination of services for children with disabilities.
The Council shall be composed of 27 members, including 23 voting members
appointed by the Governor and 4 ex-officio voting members. Members shall be
broadly representative of the State's population in regard to developmental,
physical, and mental disabilities, race, ethnic background, gender, and
geographic location. Nine members shall be parents of children with
disabilities between the ages of 3 and 21 years currently receiving special
education services at public expense. Five members shall be individuals with
disabilities, including one student or former student who is at least 18 years
of age and no older than 21 years of age at the time of
his or her appointment to the Council and who is receiving special education
services at public expense or received those services at the time his or her
high school program terminated. Within 30 days after
the
effective date of this amendatory Act of 1998, the Governor or his designee
shall invite statewide organizations, being as inclusive as possible and based
upon a reasonable inquiry, and Parent Training and Information Centers
representing parents of children with disabilities, individuals with
disabilities or both, to convene for the purpose of recommending
to the Governor twice the number of individuals required to be appointed as
members from each of the
categories described in this paragraph, from which the Governor may appoint the
14 members of the Council who are
parents of children with disabilities and individuals with disabilities. The
9
members who are parents of children with disabilities between the ages of 3 and
21 years receiving special education services at public expense and the 5
members who are individuals with disabilities shall not be current full or
part-time employees of school districts, special education cooperatives,
regional service areas or centers, or any agency under the jurisdiction of any
elected State official.
In addition, the Governor shall appoint one regional superintendent of
schools, one representative of an institution of higher education that prepares
special education and related services personnel, one teacher of students with
disabilities, one superintendent of a public school district, one director of a
special education cooperative or special education administrator from a school
district of less than 500,000 population, one representative of a public
charter school, one representative of a private school serving children with
disabilities, one representative of a vocational, community, or business
organization that provides transition services to children with disabilities,
and one at-large member from the general public. In addition, the Secretary of
Human Services or his or her designee, the Director of Children and Family
Services or his or her designee, the Director of Corrections or his or her
designee, and the Director of Special Education for the City of Chicago School
District #299 or his or her designee shall serve as ex-officio voting members
of the Council.
All Council members shall be legal residents of
the State of Illinois and shall be selected, as far as practicable, on the
basis of their knowledge of, or experience in, the education of children with
disabilities.
The initial members to be appointed to the Council by the Governor under the
provisions of this amendatory Act of 1998 shall be appointed within 60 days
after the effective date of that amendatory Act; provided that those persons
who are serving as Council members on that effective date and who, as
determined by the Governor after consultation with the State Board of
Education, meet the requirements established by this amendatory Act for
appointment to membership on the Council shall continue to serve as
Council members until the completion of the remainder of their current terms.
The initial members of the Council who are not Council members on the effective
date of this amendatory Act of 1998 and who are appointed by the Governor under
this amendatory Act of 1998 shall by lot determine one-third of their number to
serve for a term of 2 years (provided that person appointed as the student or
former student member shall be included among those members who are to serve a
term of 2 years), one-third of their number to serve for a term of 3
years, and one-third of their number to serve for a term of 4 years; provided,
that if the total number of initial members so appointed by the Governor is not
divisible into 3 whole numbers, all of the initial members so appointed shall
by lot be assigned to 3 groups as follows: (i) the members assigned to the
first group, who shall include the student or former student member and who
shall be equal in number
to the number of members who are assigned to the second group, shall serve for
a
term of
2 years; (ii) the members assigned to the second group, who shall be equal in
number to the number of members who are assigned to the first group, shall
serve for a
term of 3 years; and (iii) the members assigned to the third group, who shall
comprise the remainder of the initial members so appointed by the Governor and
whose number shall be either one more or one less than the number of members
assigned to either the first group or second group, shall serve for a term of 4
years. Upon expiration of
the term of office of a member of the Council who is
not an ex-officio member, his or her successor shall be appointed by the
Governor to serve for a term of 4 years, except that a successor appointed as
the student or former student
member shall be appointed to serve for a term of 2 years. Each member of the
Council who is not
an ex-officio member and whose term of office expires shall nevertheless
continue to serve as a Council member until his or her successor is appointed.
Each of the 4 ex-officio members of the Council shall continue to serve as a
Council member during the period in which he or she continues to hold the
office by reason of which he or she became an ex-officio member of the Council.
The initial members of the Council who are not ex-officio members shall not,
upon completion of their respective
initial terms, be appointed to serve more than one additional consecutive term
of 4 years, nor shall any successor member of the Council be appointed to serve
more than 2 full consecutive 4-year terms; provided, that a person appointed as
the student or former student member shall serve only one two-year term and
shall not be reappointed to serve for an additional term. Vacancies in Council
memberships
held by parents of children with
disabilities or individuals with disabilities may be filled from the original
list of such parents and individuals recommended to the Governor. The Governor
shall reconvene the group of organizations that provided the original list of
parents of children with disabilities and individuals with disabilities when
additional recommendations for those Council memberships are needed, but at a
minimum the group shall be convened every 2 years for the purpose of updating
the list of recommended parents or individuals. A vacancy in an appointed
membership on the Council shall be filled for the unexpired balance of the term
of that membership in the same manner that the original appointment for that
membership was made.
The terms of all persons serving as Advisory Council members on the effective
date of this amendatory Act of 1998 who are not determined by the Governor,
after
consultation with the State Board of Education, to meet the requirements
established by this amendatory Act for appointment to initial membership on the
Council shall terminate on the date that the Governor completes his
appointments of
the initial members of the Council under this amendatory Act, and the
members of the Council as constituted under this amendatory Act shall take
office and assume their powers and duties on that date.
The Council as constituted under this amendatory Act of 1998 shall organize
with a chairperson selected by the Council members and shall meet at the call
of the chairperson upon 10 days written notice but not less than 4 times a
year. The Council shall establish such committees and procedures as it deems
appropriate to carry out its responsibilities under this Act and the federal
Individuals with Disabilities Education Act.
The State Board of Education shall designate an employee to act as executive
secretary of the Council and shall furnish all professional and clerical
assistance necessary for the performance of its duties.
Members of the Council
shall serve without compensation but shall be reimbursed for the necessary
expenses incurred in the performance of their duties in accordance with the
State Board of Education's Travel Control Policy.
(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97; 90-644, eff. 7-24-98.)
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(105 ILCS 5/14-3.02)
Sec. 14-3.02. (Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/14-3.03)
Sec. 14-3.03. (Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/14-4.01) (from Ch. 122, par. 14-4.01)
Sec. 14-4.01. Special educational facilities for
children with disabilities. (a) School boards of any school districts that maintain a recognized
school, whether operating under the general law or under a special
charter, subject to any limitations hereinafter specified, shall
establish and maintain such special educational facilities as may be
needed for children with disabilities as defined in
Section 14-1.02 of this Article who are residents of
their school district, and such children, residents of other school
districts as may be authorized by this Article.
All such school boards shall place or by regulation may authorize the
director of special education to place, pursuant to procedures required
by this Act and rules and regulations promulgated by the State Board of
Education, eligible children into special education programs designed to
benefit children with disabilities defined in Sections
14-1.02 through 14-1.07
of this Act.
(b) All school districts, administrative districts or governing boards
responsible
for providing special education services shall
submit to the appropriate regional superintendent comprehensive plans or
modifications
thereto for the provision of special education services in accordance with
rules promulgated by the State Board of Education. Copies of comprehensive
plans or modifications thereto shall be forwarded by the regional
superintendent
to the State Board of Education. Regional superintendents who provide special
education services shall submit comprehensive plans or modifications thereto
directly to the State Board of Education. Comprehensive plans or modifications
thereto shall be made available by regional superintendents for public inspection
during regular business hours.
The State Board of Education shall provide for the submission of comprehensive
plans not more frequently than once every 3 years but may require the submission
of such modifications as it deems necessary to achieve the purposes of this
Act and applicable federal law.
(c) Special education cooperatives established by school districts are eligible for school maintenance project grants under Section 5-100 of the School Construction Law. (Source: P.A. 98-710, eff. 7-16-14.)
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(105 ILCS 5/14-5.01) (from Ch. 122, par. 14-5.01)
Sec. 14-5.01.
Application of Article.
This Article applies to school boards of all types and sizes of school
districts, including but not limited to special charter districts,
community consolidated school districts, community unit school districts,
consolidated school districts, high school districts, non-high school
districts, community high school districts, and districts exceeding 500,000
inhabitants.
(Source: Laws 1965, p. 1948 .)
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(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
Sec. 14-6.01. Powers and duties of school boards. School boards of
one or more school districts establishing and maintaining any of the
educational facilities described in this Article shall, in connection
therewith, exercise similar powers and duties as are prescribed by law
for the establishment, maintenance, and management of other recognized
educational facilities. Such school boards shall include only eligible
children in the program and shall comply with all the requirements of
this Article and all rules and regulations established by the State
Board of Education. Such school boards shall accept in part-time
attendance children with disabilities of the types
described in Sections
14-1.02 through 14-1.07 who are enrolled in nonpublic schools. A
request for part-time attendance must be submitted by a parent or
guardian of the child with a disability and may be made
only to those public
schools located in the district where the child attending the nonpublic
school resides; however, nothing in this Section shall be construed as
prohibiting an agreement between the district where the child resides
and another public school district to provide special educational
services if such an arrangement is deemed more convenient and
economical. Special education and related services must be provided in accordance with the student's IEP no later than 10 school attendance days after notice is provided to the parents pursuant to Section 300.503 of Title 34 of the Code of Federal Regulations and implementing rules adopted by the State Board of Education. Transportation for students in part time attendance shall be
provided only if required in the child's individualized educational program
on the basis of the child's disabling condition or as the
special education
program location may require.
Beginning with the 2019-2020 school year, a school board shall post on its Internet website, if any, and incorporate into its student handbook or newsletter notice that students with disabilities who do not qualify for an individualized education program, as required by the federal Individuals with Disabilities Education Act and implementing provisions of this Code, may qualify for services under Section 504 of the federal Rehabilitation Act of 1973 if the child (i) has a physical or mental impairment that substantially limits one or more major life activities, (ii) has a record of a physical or mental impairment, or (iii) is regarded as having a physical or mental impairment. Such notice shall identify the location and
phone number of the office or agent of the school district to whom
inquiries should be directed regarding the identification, assessment, and
placement of such children. The notice shall also state that any parent who is deaf or does not typically communicate using spoken English and who participates in a Section 504 meeting with a representative of a local educational agency shall be entitled to the services of an interpreter.
For a school district organized under Article 34 only, beginning with the 2019-2020 school year, the school district shall, in collaboration with its primary office overseeing special education, publish on the school district's publicly available website any proposed changes to its special education policies, directives, guidelines, or procedures that impact the provision of educational or related services to students with disabilities or the procedural safeguards afforded to students with disabilities or their parents or guardians made by the school district or school board. Any policy, directive, guideline, or procedural change that impacts those provisions or safeguards that is authorized by the school district's primary office overseeing special education or any other administrative office of the school district must be published on the school district's publicly available website no later than 45 days before the adoption of that change. Any policy directive, guideline, or procedural change that impacts those provisions or safeguards that is authorized by the school board must be published on the school district's publicly available website no later than 30 days before the date of presentation to the school board for adoption. The school district's website must allow for virtual public comments on proposed special education policy, directive, guideline, or procedural changes that impact the provision of educational or related services to students with disabilities or the procedural safeguards afforded to students with disabilities or their parents or guardians from the date of the notification of the proposed change on the website until the date the change is adopted by the school district or until the date the change is presented to the school board for adoption. After the period for public comment is closed, the school district must maintain all public comments for a period of not less than 2 years from the date the special education change is adopted. The public comments are subject to the Freedom of Information Act. The school board shall, at a minimum, advertise the notice of the change and availability for public comment on its website. The State Board of Education may add additional reporting requirements for the district beyond policy, directive, guideline, or procedural changes that impact the provision of educational or related services to students with disabilities or the procedural safeguards afforded to students with disabilities or their parents or guardians if the State Board determines it is in the best interest of the students enrolled in the district receiving special education services. School boards shall immediately provide upon request by any person
written materials and other information that indicates the specific
policies, procedures, rules and regulations regarding the identification,
evaluation or educational placement of children with
disabilities under Section
14-8.02 of the School Code. Such information shall include information
regarding all rights and entitlements of such children under this Code, and
of the opportunity to present complaints with respect to any matter
relating to educational placement of the student, or the provision of a
free appropriate public education and to have an impartial due process
hearing on the complaint. The notice shall inform the parents or guardian
in the parents' or guardian's native language, unless it is clearly not
feasible to do so, of their rights and all procedures available pursuant to
this Act and federal Public Law 94-142; it shall be the responsibility of
the State Superintendent to develop uniform notices setting forth the
procedures available under this Act and federal Public Law 94-142, as
amended, to be used by all school boards. The notice shall also inform the
parents or guardian of the availability upon request of a list of free or
low-cost legal and other relevant services available locally to assist
parents or guardians in exercising rights or entitlements under this Code. For a school district organized under Article 34 only, the school district must make the entirety of its special education Procedural Manual and any other guidance documents pertaining to special education publicly available, in print and on the school district's website, in both English and Spanish. Upon request, the school district must make the Procedural Manual and other guidance documents available in print in any other language and accessible for individuals with disabilities.
Any parent or guardian who is deaf, or does not normally communicate
using spoken English, who participates in a meeting with a representative
of a local educational agency for the purposes of developing an
individualized educational program shall be entitled to the services of
an interpreter.
No student with a disability or, in a school district organized under Article 34 of this Code, child with a learning disability may be denied promotion,
graduation or a general
diploma on the basis of failing a minimal competency test when such failure
can be directly related to the disabling
condition of the student. For the
purpose of this Act, "minimal competency testing" is defined as tests which
are constructed to measure the acquisition of skills to or beyond a certain
defined standard.
Effective July 1, 1966, high school districts are financially
responsible for the education of pupils with disabilities who
are residents in their
districts when such pupils have reached age 15 but may admit
children with disabilities into special educational facilities without
regard to graduation
from the eighth grade after such pupils have reached the age of 14 1/2 years.
Upon a pupil with a disability attaining the age of 14 1/2 years,
it shall be
the duty of the elementary school district in which the pupil resides to
notify the high school district in which the pupil resides of the pupil's
current eligibility for special education services, of the pupil's current
program, and of all evaluation data upon which the current program is
based. After an examination of that information the high school district
may accept the current placement and all subsequent timelines shall be
governed by the current individualized educational program; or the high
school district may elect to conduct its own evaluation and
multidisciplinary staff conference and formulate its own individualized
educational program, in which case the procedures and timelines contained
in Section 14-8.02 shall apply.
(Source: P.A. 101-515, eff. 8-23-19; 102-1072, eff. 6-10-22.)
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(105 ILCS 5/14-6.02) (from Ch. 122, par. 14-6.02)
Sec. 14-6.02. Service animals. Service animals such as guide dogs,
signal dogs or any other animal individually trained to perform tasks for
the benefit of a student with a disability shall be permitted to accompany
that student at all school functions, whether in or outside the classroom. For the purposes of this Section, "service animal" has the same meaning as in Section 48-8 of the Criminal Code of 2012.
(Source: P.A. 97-956, eff. 8-14-12; 97-1150, eff. 1-25-13.)
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(105 ILCS 5/14-6.03)
Sec. 14-6.03.
Speech-language pathology assistants.
(a) Except as otherwise provided in this subsection, on or after January 1,
2002, no person shall perform the duties of a speech-language
pathology assistant without first applying for and receiving a license for that
purpose from the Department of Professional Regulation.
A person employed as a speech-language pathology
assistant in any class, service, or program authorized by this Article may
perform only those duties authorized by this Section under the supervision of a
speech-language pathologist as provided in this Section.
This Section does not apply to speech-language pathology paraprofessionals
approved by the State Board of Education.
(b) A speech-language pathology assistant may not be assigned his or her own
student caseload. The student caseload limit of a speech-language
pathologist who supervises any speech-language pathology assistants shall be
determined by the severity of the needs of the students served by the
speech-language pathologist. A full-time speech-language pathologist's
caseload limit may not exceed 80 students (60 students on or after September
1, 2003)
at any time. The caseload limit of a part-time speech-language pathologist
shall be determined by multiplying the caseload limit of a full-time
speech-language pathologist by a percentage that equals the number of hours
worked by the part-time speech-language pathologist divided by the number of
hours worked by a full-time speech-language pathologist in that school
district. Employment of a speech-language pathology assistant may not increase
or
decrease the caseload of the supervising speech-language pathologist.
(c) A school district that intends to utilize the services of a
speech-language pathology assistant must provide written notification to the
parent or
guardian of each student who will be served by a speech-language pathology
assistant.
(d) The scope of responsibility of a speech-language pathology assistant
shall be limited to supplementing the role of the speech-language
pathologist in implementing the treatment program established by a
speech-language pathologist. The functions and duties of a speech-language
pathology
assistant shall be limited to the following:
(1) Conducting speech-language screening, without | ||
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(2) Providing direct treatment assistance to students | ||
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(3) Following and implementing documented treatment | ||
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(4) Documenting student progress toward meeting | ||
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(5) Assisting a speech-language pathologist during | ||
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(6) Acting as an interpreter for non-English speaking | ||
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(7) Scheduling activities and preparing charts, | ||
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(8) Performing checks and maintenance of equipment, | ||
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(9) Assisting with speech-language pathology research | ||
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(e) A speech-language pathology assistant may not:
(1) perform standardized or nonstandardized | ||
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(2) screen or diagnose students for feeding or | ||
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(3) participate in parent conferences, case | ||
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(4) provide student or family counseling;
(5) write, develop, or modify a student's | ||
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(6) assist with students without following the | ||
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(7) sign any formal documents, such as treatment | ||
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(8) select students for services;
(9) discharge a student from services;
(10) disclose clinical or confidential information, | ||
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(11) make referrals for additional services;
(12) counsel or consult with the student, family, or | ||
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(13) represent himself or herself to be a | ||
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(14) use a checklist or tabulate results of feeding | ||
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(15) demonstrate swallowing strategies or precautions | ||
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(f) A speech-language pathology assistant shall practice only under the
supervision of a speech-language pathologist who has at least 2 years
experience in addition to the supervised professional experience required under
subsection (f) of Section 8 of the Illinois Speech-Language Pathology and
Audiology Practice Act. A speech-language pathologist who supervises a
speech-language pathology assistant must have completed at least 10 clock
hours of training in the supervision of speech-language pathology assistants.
The State Board of Education shall promulgate rules describing the
supervision training requirements. The rules may allow a speech-language
pathologist to apply to the State Board of Education for an exemption from this
training requirement based upon prior supervisory experience.
(g) A speech-language pathology assistant must be under the direct
supervision
of a speech-language pathologist at least 30% of the
speech-language pathology assistant's actual student contact time per student
for the first 90 days of initial employment as a speech-language pathology
assistant. Thereafter, the speech-language pathology assistant must be under
the direct supervision of a speech-language pathologist at least 20% of the
speech-language pathology assistant's actual student contact time per student.
Supervision of a speech-language pathology assistant beyond the minimum
requirements of this subsection may be imposed at the discretion of the
supervising speech-language pathologist. A supervising speech-language
pathologist must be available to communicate with a speech-language pathology
assistant whenever the assistant is in contact with a student.
(h) A speech-language pathologist that supervises a speech-language
pathology assistant must document direct supervision activities. At a
minimum, supervision documentation must provide (i) information regarding the
quality of the speech-language pathology assistant's performance of
assigned duties and (ii) verification that clinical activity is limited to
duties specified in this Section.
(i) A full-time speech-language pathologist may supervise no more than 2
speech-language pathology assistants. A speech-language pathologist
that does not work full-time may supervise no more than one speech-language
pathology assistant.
(Source: P.A. 92-510, eff. 6-1-02.)
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(105 ILCS 5/14-6.04)
Sec. 14-6.04. Contracting for speech-language pathology services.
(a) For purposes of this Section:
"Reasonable efforts" means performing all of the following:
(1) placing at least 3 employment advertisements for | ||
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(2) placing one employment listing in the placement | ||
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(3) posting the position for speech-language | ||
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"Speech-language pathologist" means a person who:
(1) holds a master's or doctoral degree with a major | ||
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(2) either (i) has completed a program of study that | ||
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"Speech-language pathology services" means the application of methods and
procedures for identifying, measuring, testing, appraising, predicting, and
modifying communication development and disorders or disabilities of speech,
language, voice, swallowing, and other speech, language, and voice-related
disorders for the purpose of counseling, consulting, and rendering services or
participating in the planning, directing, or conducting of programs that are
designed to modify communicative disorders and conditions in individuals or
groups of individuals involving speech, language, voice, and swallowing
functions.
(b) A school district or a cooperative must make reasonable efforts to
employ a speech-language pathologist. While making those reasonable efforts or
after unsuccessful reasonable efforts have been made, or both, a school
district or cooperative may contract for speech-language pathology
services with a speech-language pathologist or an entity that employs
speech-language pathologists. A speech-language pathologist who provides
speech-language pathology services pursuant to a contract must:
(1) hold a speech-language pathology license under | ||
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(2) hold a Professional Educator License with a | ||
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(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/14-6.10)
Sec. 14-6.10. Transfer of parental rights at the age of majority. (a) When a student who is eligible for special education under this Article reaches the majority age of 18 years, all rights accorded to the student's parents under this Article transfer to the student, except as provided in this Section. This transfer of rights also applies to students who are incarcerated in an adult or juvenile State or local correctional institution. Nothing in this Section shall be construed to deny a student with a disability who has reached majority age the right to have an adult of his or her choice, including, but not limited to, the student's parent, assist the student in making decisions regarding the student's individualized education program. (b) The school district must notify the student and the student's parents of the transfer of rights in writing at a meeting convened to review the student's individualized education program during the school year in which the student turns 17 years of age. At that time, the school district must provide the student with a copy of the Delegation of Rights form described in this Section. The school district must mail the notice and a copy of the Delegation of Rights form to the student and to the student's parents, addressed to their last known address, if they do not attend the meeting.
(c) Rights shall not transfer from the parents to the student under this Section if either of the following apply: (1) The student with a disability who has reached | ||
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(2) The student has not been adjudged incompetent | ||
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A student may terminate the Delegation of Rights at any time and assume the right to make decisions regarding his or her education. The Delegation of Rights shall meet all of the following requirements: (A) It shall remain in effect for one year after the | ||
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(B) It shall be signed by the student or verified by | ||
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(C) It shall be signed or otherwise manifest | ||
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(D) It shall include declarations that the student | ||
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(E) It shall be identical or substantially the same | ||
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DELEGATION OF RIGHTS TO MAKE EDUCATIONAL DECISION
I, (insert name), am 18 years of age or older and a student who has the right to make educational decisions for myself under State and federal law. I have not been adjudged incompetent and, as of the date of the execution of this document, I hereby delegate my right to give consent and make decisions concerning my education to (insert name), who will be considered my "parent" for purposes of the Individuals with Disabilities Education Improvement Act of 2004 and Article 14 of the School Code and will exercise all of the rights and responsibilities concerning my education that are conferred on a parent under those laws. I understand and give my consent for (insert name) to make all decisions relating to my education on my behalf. I understand that I have the right to be present at meetings held to develop my individualized education program and that I have the right to raise any issues or concerns I may have and that the school district must consider them. This delegation will be in effect for one year from the date of execution below and may be renewed by my written or other formal authorization. I also understand that I have the right to terminate this Delegation of Rights at any time and assume the right to make my own decisions regarding my education. I understand that I must notify the school district immediately if I revoke this Delegation of Rights prior to its expiration. (insert name)
Student
DATE: (insert date)
Accepted by: (insert name)
Designated Representative
(Source: P.A. 95-372, eff. 8-23-07.) |
(105 ILCS 5/14-7.01) (from Ch. 122, par. 14-7.01)
Sec. 14-7.01.
Children attending classes in another district.) If a
child, resident of one school district, because of his disability, attends
a class or school for any of such types of children in another school
district, the school district in which he resides shall grant the proper
permit, provide any necessary transportation, and pay to the school
district maintaining the special educational facilities the per capita
cost of educating such children.
Such per capita cost shall be computed in the following manner. The
cost of conducting and maintaining any special educational facility
shall be first determined and shall include the following expenses
applicable only to such educational facility under rules and regulations
established by the State Board of Education as follows:
(a) Salaries of teachers, professional workers, necessary
non-certified workers, clerks, librarians, custodial employees, readers,
and any district taxes specifically for their pension and retirement
benefits.
(b) Educational supplies and equipment including textbooks.
(c) Administrative costs and communication.
(d) Operation of physical plant including heat, light, water,
repairs, and maintenance.
(e) Auxiliary service, including up to 20% of transportation cost.
(f) Depreciation of physical facilities at a rate of $200 per pupil, or
the actual rental paid for the physical facilities calculated on a per
pupil basis. From such total cost thus determined there shall be deducted
the State reimbursement due on account of such educational program for the
same year, not including any State reimbursement for special education
transportation and offsetting federal revenue for the program, except
federally funded health care reimbursement need not be deducted. Such net
cost shall be divided by the average number of pupils in average daily
enrollment in such special education facility for the school year in order
to arrive at the net per capita tuition cost.
If the child, resident of any school district, because of his
disability, attends a class or school for any of such types of
children
maintained in a teacher training center supported by public funds or
State institution of higher learning, the resident district shall
provide any necessary transportation and shall be eligible to the
transportation reimbursement provided in Section 14-13.01.
A resident district may, upon request, provide transportation for
residents of the district who meet the requirements, other than the
specified age, of children with disabilities as defined in
Section
14-1.02, who attend classes in another district, and
shall make a charge for any such transportation in an amount equal to
the cost thereof, including a reasonable allowance for depreciation of
the vehicles used.
(Source: P.A. 89-397, eff. 8-20-95.)
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(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
(Text of Section from P.A. 103-175)
Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or private
special education facilities. (a) The General Assembly recognizes that non-public
schools or special education facilities provide an important service in the
educational system in Illinois.
(b) If a student's individualized education program (IEP) team determines that because of his or her disability the special education
program of a district is unable to meet the needs of the child and the
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 that provides special educational
services required by the child and is in compliance with the appropriate
rules and regulations of the State Superintendent of Education, the
school district in which the child is a resident shall pay the actual
cost of tuition for special education and related services provided
during the regular school term and during the summer school term if the
child's educational needs so require, excluding room, board and
transportation costs charged the child by that non-public school or
special education facility, public out-of-state school or county special
education facility, or $4,500 per year, whichever is less, and shall
provide him any necessary transportation. "Nonpublic special
education facility" shall include a residential facility,
within or without the State of Illinois, which provides
special education and related services to meet the needs of the child by
utilizing private schools or public schools, whether located on the site
or off the site of the residential facility. Resident district financial responsibility and reimbursement applies for both nonpublic special education facilities that are approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules and for emergency residential placements in nonpublic special education facilities that are not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, subject to the requirements of this Section.
(c) Prior to the placement of a child in an out-of-state special education residential facility, the school district must refer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, that provides treatment and services comparable to those provided by the out-of-state special education residential facility. The school district must review annually the placement of a child in an out-of-state special education residential facility. As a part of the review, the school district must refer to the child or the child's parent or guardian the option to place the child in a comparable special education residential facility located within this State, if any. (d) Payments shall be made by the resident school district to the entity providing the educational services, whether the entity is the nonpublic special education facility or the school district wherein the facility is located, no less than once per quarter, unless otherwise agreed to in writing by the parties. (e) A school district may residentially place a student in a nonpublic special education facility providing educational services, but not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, provided that the State Board of Education provides an emergency and student-specific approval for residential placement. The State Board of Education shall promptly, within 10 days after the request, approve a request for emergency and student-specific approval for residential placement if the following have been demonstrated to the State Board of Education: (1) the facility demonstrates appropriate licensure | ||
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(2) the facility demonstrates age-appropriate | ||
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(3) the facility provides enrollment and attendance | ||
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(4) the facility demonstrates the ability to | ||
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(5) the school district demonstrates that it made | ||
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A resident school district may also submit such proof to the State Board of Education as may be required for its student. The State Board of Education may not unreasonably withhold approval once satisfactory proof is provided to the State Board. (f) If an impartial due process hearing officer who is contracted by the State Board of Education pursuant to this Article orders placement of a student with a disability in a residential facility that is not approved by the State Board of Education, then, for purposes of this Section, the facility shall be deemed approved for placement and school district payments and State reimbursements shall be made accordingly. (g) Emergency residential placement in a facility approved pursuant to subsection (e) or (f) may continue to be utilized so long as (i) the student's IEP team determines annually that such placement continues to be appropriate to meet the student's needs and (ii) at least every 3 years following the student's residential placement, the IEP team reviews appropriate placements approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules to determine whether there are any approved placements that can meet the student's needs, have accepted the student, and have availability for placement of the student. (h) The State Board of Education shall promulgate rules and regulations
for determining when placement in a private special education facility
is appropriate. Such rules and regulations shall take into account
the various types of services needed by a child and the availability
of such services to the particular child in the public school.
In developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on
Education of Children with Disabilities and hold public
hearings to secure recommendations from parents, school personnel,
and others concerned about this matter.
The State Board of Education shall also promulgate rules and
regulations for transportation to and from a residential school.
Transportation to and from home to a residential school more than once
each school term shall be subject to prior approval by the State
Superintendent in accordance with the rules and regulations of the State
Board.
(i) A school district making tuition payments pursuant to this
Section is eligible for reimbursement from the State for the amount of
such payments actually made in excess of the district per capita tuition
charge for students not receiving special education services.
Such reimbursement shall be approved in accordance with Section 14-12.01
and each district shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms prescribed by the
State Superintendent of Education. Data used as a basis of reimbursement
claims shall be for the preceding regular school term and summer school
term. Each school district shall transmit its claims to the State Board of Education
on or before
August 15. The State Board of Education, before approving any such claims,
shall determine their accuracy and whether they are based upon services
and facilities provided under approved programs. Upon approval the State
Board shall cause vouchers to be prepared showing the amount due
for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on
the 30th day of September, December, and March, respectively, and the final
voucher, no later than June 20. If the
money appropriated by the General Assembly for such purpose for any year
is insufficient, it shall be apportioned on the basis of the claims approved.
(j) No child shall be placed in a special education program pursuant to
this Section if the tuition cost for special education and related
services increases more than 10 percent over the tuition cost for the
previous school year or exceeds $4,500 per year unless such costs have
been approved by the Illinois Purchased Care Review Board. The
Illinois Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and Family
Services, Public Health,
Public Aid, and the
Governor's Office of Management and Budget; the
Secretary of Human Services; the State Superintendent of Education; and such
other persons as the
Governor may designate. The Review Board shall also consist of one non-voting member who is an administrator of a
private, nonpublic, special education school. The Review Board shall establish rules and
regulations for its determination of allowable costs and payments made by
local school districts for special education, room and board, and other related
services provided by non-public schools or special education facilities and
shall establish uniform standards and criteria which it shall follow. The Review Board shall approve the usual and customary rate or rates of a special education program that (i) is offered by an out-of-state, non-public provider of integrated autism specific educational and autism specific residential services, (ii) offers 2 or more levels of residential care, including at least one locked facility, and (iii) serves 12 or fewer Illinois students. (k) In determining rates based on allowable costs, the Review Board shall consider any wage increases awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in service settings in community-based settings within the State and adjust customary rates or rates of a special education program to be equitable to the wage increase awarded to similar staff positions in a community residential setting. Any wage increase awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in community-based settings within the State, including the $0.75 per hour increase contained in Public Act 100-23 and the $0.50 per hour increase included in Public Act 100-23, shall also be a basis for any facility covered by this Section to appeal its rate before the Review Board under the process defined in Title 89, Part 900, Section 340 of the Illinois Administrative Code. Illinois Administrative Code Title 89, Part 900, Section 342 shall be updated to recognize wage increases awarded to community-based settings to be a basis for appeal. However, any wage increase that is captured upon appeal from a previous year shall not be counted by the Review Board as revenue for the purpose of calculating a facility's future rate. (l) Any definition used by the Review Board in administrative rule or policy to define "related organizations" shall include any and all exceptions contained in federal law or regulation as it pertains to the federal definition of "related organizations".
(m) The Review Board shall establish uniform definitions and criteria for
accounting separately by special education, room and board and other
related services costs. The Board shall also establish guidelines for
the coordination of services and financial assistance provided by all
State agencies to assure that no otherwise qualified child with a disability
receiving services under Article 14 shall be excluded from participation
in, be denied the benefits of or be subjected to discrimination under
any program or activity provided by any State agency.
(n) The Review Board shall review the costs for special education and
related services provided by non-public schools or special education
facilities and shall approve or disapprove such facilities in accordance
with the rules and regulations established by it with respect to
allowable costs.
(o) The State Board of Education shall provide administrative and staff support
for the Review Board as deemed reasonable by the State Superintendent of
Education. This support shall not include travel expenses or other
compensation for any Review Board member other than the State Superintendent of
Education.
(p) The Review Board shall seek the advice of the Advisory Council on
Education of Children with Disabilities on the rules and
regulations to be
promulgated by it relative to providing special education services.
(q) If a child has been placed in a program in which the actual per pupil costs
of tuition for special education and related services based on program
enrollment, excluding room, board and transportation costs, exceed $4,500 and
such costs have been approved by the Review Board, the district shall pay such
total costs which exceed $4,500. A district making such tuition payments in
excess of $4,500 pursuant to this Section shall be responsible for an amount in
excess of $4,500 equal to the district per capita
tuition charge and shall be eligible for reimbursement from the State for
the amount of such payments actually made in excess of the districts per capita
tuition charge for students not receiving special education services.
(r) If a child has been placed in an approved individual program and the
tuition costs including room and board costs have been approved by the
Review Board, then such room and board costs shall be paid by the
appropriate State agency subject to the provisions of Section 14-8.01 of
this Act. Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall the
State's liability for funding of these tuition costs begin until after
the legal obligations of third party payors have been subtracted from
such costs. If the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned on the
basis of the claims approved. Each district shall submit estimated claims to the State
Superintendent of Education. Upon approval of such claims, the State
Superintendent of Education shall direct the State Comptroller to make payments
on a monthly basis. The frequency for submitting estimated
claims and the method of determining payment shall be prescribed in rules
and regulations adopted by the State Board of Education. Such current state
reimbursement shall be reduced by an amount equal to the proceeds which
the child or child's parents are eligible to receive under any public or
private insurance or assistance program. Nothing in this Section shall
be construed as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services provided to
a child with a disability.
(s) If it otherwise qualifies, a school district is eligible for the
transportation reimbursement under Section 14-13.01 and for the
reimbursement of tuition payments under this Section whether the
non-public school or special education facility, public out-of-state
school or county special education facility, attended by a child who
resides in that district and requires special educational services, is
within or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this Section unless
the district certifies to the State Superintendent of Education that the
district is unable to provide special educational services required by
the child for the current school year.
(t) Nothing in this Section authorizes the reimbursement of a school
district for the amount paid for tuition of a child attending a
non-public school or special education facility, public out-of-state
school or county special education facility unless the school district
certifies to the State Superintendent of Education that the special
education program of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of Education finds
that the school district is in substantial compliance with Section 14-4.01. However, if a child is unilaterally placed by a State agency or any court in a non-public school or special education facility, public out-of-state school, or county special education facility, a school district shall not be required to certify to the State Superintendent of Education, for the purpose of tuition reimbursement, that the special education program of that district is unable to meet the needs of a child because of his or her disability.
(u) Any educational or related services provided, pursuant to this
Section in a non-public school or special education facility or a
special education facility owned and operated by a county government
unit shall be at no cost to the parent or guardian of the child.
However, current law and practices relative to contributions by parents
or guardians for costs other than educational or related services are
not affected by this amendatory Act of 1978.
(v) Reimbursement for children attending public school residential facilities
shall be made in accordance with the provisions of this Section.
(w) Notwithstanding any other provision of law, any school district
receiving a payment under this Section or under Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify all or a portion of the funds that
it receives in a particular fiscal year or from general State aid pursuant
to Section 18-8.05 of this Code
as funds received in connection with any funding program for which
it is entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22; 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-546)
Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or private
special education facilities. (a) The General Assembly recognizes that non-public
schools or special education facilities provide an important service in the
educational system in Illinois.
(b) If a student's individualized education program (IEP) team determines that because of his or her disability the special education
program of a district is unable to meet the needs of the child and the
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 that provides special educational
services required by the child and is in compliance with the appropriate
rules and regulations of the State Superintendent of Education, the
school district in which the child is a resident shall pay the actual
cost of tuition for special education and related services provided
during the regular school term and during the summer school term if the
child's educational needs so require, excluding room, board and
transportation costs charged the child by that non-public school or
special education facility, public out-of-state school or county special
education facility, or $4,500 per year, whichever is less, and shall
provide him any necessary transportation. "Nonpublic special
education facility" shall include a residential facility,
within or without the State of Illinois, which provides
special education and related services to meet the needs of the child by
utilizing private schools or public schools, whether located on the site
or off the site of the residential facility. Resident district financial responsibility and reimbursement applies for both nonpublic special education facilities that are approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules and for emergency placements in nonpublic special education facilities that are not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, subject to the requirements of this Section.
(c) Prior to the placement of a child in an out-of-state special education residential facility, the school district must refer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, that provides treatment and services comparable to those provided by the out-of-state special education residential facility. The school district must review annually the placement of a child in an out-of-state special education residential facility. As a part of the review, the school district must refer to the child or the child's parent or guardian the option to place the child in a comparable special education residential facility located within this State, if any. (c-5) Before a provider that operates a nonpublic special education facility terminates a student's placement in that facility, the provider must request an IEP meeting from the contracting school district. If the provider elects to terminate the student's placement following the IEP meeting, the provider must give written notice to this effect to the parent or guardian, the contracting public school district, and the State Board of Education no later than 20 business days before the date of termination, unless the health and safety of any student are endangered. The notice must include the detailed reasons for the termination and any actions taken to address the reason for the termination. (d) Payments shall be made by the resident school district to the entity providing the educational services, whether the entity is the nonpublic special education facility or the school district wherein the facility is located, no less than once per quarter, unless otherwise agreed to in writing by the parties. (e) A school district may place a student in a nonpublic special education facility providing educational services, but not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, provided that the State Board of Education provides an emergency and student-specific approval for placement. The State Board of Education shall promptly, within 10 days after the request, approve a request for emergency and student-specific approval for placement if the following have been demonstrated to the State Board of Education: (1) the facility demonstrates appropriate licensure | ||
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(2) the facility demonstrates age-appropriate | ||
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(3) the facility provides enrollment and attendance | ||
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(4) the facility demonstrates the ability to | ||
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(5) the school district demonstrates that it made | ||
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A resident school district may also submit such proof to the State Board of Education as may be required for its student. The State Board of Education may not unreasonably withhold approval once satisfactory proof is provided to the State Board. (f) If an impartial due process hearing officer who is contracted by the State Board of Education pursuant to this Article orders placement of a student with a disability in a residential facility that is not approved by the State Board of Education, then, for purposes of this Section, the facility shall be deemed approved for placement and school district payments and State reimbursements shall be made accordingly. (g) Emergency placement in a facility approved pursuant to subsection (e) or (f) may continue to be utilized so long as (i) the student's IEP team determines annually that such placement continues to be appropriate to meet the student's needs and (ii) at least every 3 years following the student's placement, the IEP team reviews appropriate placements approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules to determine whether there are any approved placements that can meet the student's needs, have accepted the student, and have availability for placement of the student. (h) The State Board of Education shall promulgate rules and regulations
for determining when placement in a private special education facility
is appropriate. Such rules and regulations shall take into account
the various types of services needed by a child and the availability
of such services to the particular child in the public school.
In developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on
Education of Children with Disabilities and hold public
hearings to secure recommendations from parents, school personnel,
and others concerned about this matter.
The State Board of Education shall also promulgate rules and
regulations for transportation to and from a residential school.
Transportation to and from home to a residential school more than once
each school term shall be subject to prior approval by the State
Superintendent in accordance with the rules and regulations of the State
Board.
(i) A school district making tuition payments pursuant to this
Section is eligible for reimbursement from the State for the amount of
such payments actually made in excess of the district per capita tuition
charge for students not receiving special education services.
Such reimbursement shall be approved in accordance with Section 14-12.01
and each district shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms prescribed by the
State Superintendent of Education. Data used as a basis of reimbursement
claims shall be for the preceding regular school term and summer school
term. Each school district shall transmit its claims to the State Board of Education
on or before
August 15. The State Board of Education, before approving any such claims,
shall determine their accuracy and whether they are based upon services
and facilities provided under approved programs. Upon approval the State
Board shall cause vouchers to be prepared showing the amount due
for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on
the 30th day of September, December, and March, respectively, and the final
voucher, no later than June 20. If the
money appropriated by the General Assembly for such purpose for any year
is insufficient, it shall be apportioned on the basis of the claims approved.
(j) No child shall be placed in a special education program pursuant to
this Section if the tuition cost for special education and related
services increases more than 10 percent over the tuition cost for the
previous school year or exceeds $4,500 per year unless such costs have
been approved by the Illinois Purchased Care Review Board. The
Illinois Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and Family
Services, Public Health,
Public Aid, and the
Governor's Office of Management and Budget; the
Secretary of Human Services; the State Superintendent of Education; and such
other persons as the
Governor may designate. The Review Board shall also consist of one non-voting member who is an administrator of a
private, nonpublic, special education school. The Review Board shall establish rules and
regulations for its determination of allowable costs and payments made by
local school districts for special education, room and board, and other related
services provided by non-public schools or special education facilities and
shall establish uniform standards and criteria which it shall follow. The Review Board shall approve the usual and customary rate or rates of a special education program that (i) is offered by an out-of-state, non-public provider of integrated autism specific educational and autism specific residential services, (ii) offers 2 or more levels of residential care, including at least one locked facility, and (iii) serves 12 or fewer Illinois students. (k) In determining rates based on allowable costs, the Review Board shall consider any wage increases awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in service settings in community-based settings within the State and adjust customary rates or rates of a special education program to be equitable to the wage increase awarded to similar staff positions in a community residential setting. Any wage increase awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in community-based settings within the State, including the $0.75 per hour increase contained in Public Act 100-23 and the $0.50 per hour increase included in Public Act 100-23, shall also be a basis for any facility covered by this Section to appeal its rate before the Review Board under the process defined in Title 89, Part 900, Section 340 of the Illinois Administrative Code. Illinois Administrative Code Title 89, Part 900, Section 342 shall be updated to recognize wage increases awarded to community-based settings to be a basis for appeal. However, any wage increase that is captured upon appeal from a previous year shall not be counted by the Review Board as revenue for the purpose of calculating a facility's future rate. (l) Any definition used by the Review Board in administrative rule or policy to define "related organizations" shall include any and all exceptions contained in federal law or regulation as it pertains to the federal definition of "related organizations".
(m) The Review Board shall establish uniform definitions and criteria for
accounting separately by special education, room and board and other
related services costs. The Board shall also establish guidelines for
the coordination of services and financial assistance provided by all
State agencies to assure that no otherwise qualified child with a disability
receiving services under Article 14 shall be excluded from participation
in, be denied the benefits of or be subjected to discrimination under
any program or activity provided by any State agency.
(n) The Review Board shall review the costs for special education and
related services provided by non-public schools or special education
facilities and shall approve or disapprove such facilities in accordance
with the rules and regulations established by it with respect to
allowable costs.
(o) The State Board of Education shall provide administrative and staff support
for the Review Board as deemed reasonable by the State Superintendent of
Education. This support shall not include travel expenses or other
compensation for any Review Board member other than the State Superintendent of
Education.
(p) The Review Board shall seek the advice of the Advisory Council on
Education of Children with Disabilities on the rules and
regulations to be
promulgated by it relative to providing special education services.
(q) If a child has been placed in a program in which the actual per pupil costs
of tuition for special education and related services based on program
enrollment, excluding room, board and transportation costs, exceed $4,500 and
such costs have been approved by the Review Board, the district shall pay such
total costs which exceed $4,500. A district making such tuition payments in
excess of $4,500 pursuant to this Section shall be responsible for an amount in
excess of $4,500 equal to the district per capita
tuition charge and shall be eligible for reimbursement from the State for
the amount of such payments actually made in excess of the districts per capita
tuition charge for students not receiving special education services.
(r) If a child has been placed in an approved individual program and the
tuition costs including room and board costs have been approved by the
Review Board, then such room and board costs shall be paid by the
appropriate State agency subject to the provisions of Section 14-8.01 of
this Act. Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall the
State's liability for funding of these tuition costs begin until after
the legal obligations of third party payors have been subtracted from
such costs. If the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned on the
basis of the claims approved. Each district shall submit estimated claims to the State
Superintendent of Education. Upon approval of such claims, the State
Superintendent of Education shall direct the State Comptroller to make payments
on a monthly basis. The frequency for submitting estimated
claims and the method of determining payment shall be prescribed in rules
and regulations adopted by the State Board of Education. Such current state
reimbursement shall be reduced by an amount equal to the proceeds which
the child or child's parents are eligible to receive under any public or
private insurance or assistance program. Nothing in this Section shall
be construed as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services provided to
a child with a disability.
(s) If it otherwise qualifies, a school district is eligible for the
transportation reimbursement under Section 14-13.01 and for the
reimbursement of tuition payments under this Section whether the
non-public school or special education facility, public out-of-state
school or county special education facility, attended by a child who
resides in that district and requires special educational services, is
within or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this Section unless
the district certifies to the State Superintendent of Education that the
district is unable to provide special educational services required by
the child for the current school year.
(t) Nothing in this Section authorizes the reimbursement of a school
district for the amount paid for tuition of a child attending a
non-public school or special education facility, public out-of-state
school or county special education facility unless the school district
certifies to the State Superintendent of Education that the special
education program of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of Education finds
that the school district is in substantial compliance with Section 14-4.01. However, if a child is unilaterally placed by a State agency or any court in a non-public school or special education facility, public out-of-state school, or county special education facility, a school district shall not be required to certify to the State Superintendent of Education, for the purpose of tuition reimbursement, that the special education program of that district is unable to meet the needs of a child because of his or her disability.
(u) Any educational or related services provided, pursuant to this
Section in a non-public school or special education facility or a
special education facility owned and operated by a county government
unit shall be at no cost to the parent or guardian of the child.
However, current law and practices relative to contributions by parents
or guardians for costs other than educational or related services are
not affected by this amendatory Act of 1978.
(v) Reimbursement for children attending public school residential facilities
shall be made in accordance with the provisions of this Section.
(w) Notwithstanding any other provision of law, any school district
receiving a payment under this Section or under Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify all or a portion of the funds that
it receives in a particular fiscal year or from general State aid pursuant
to Section 18-8.05 of this Code
as funds received in connection with any funding program for which
it is entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22; 103-546, eff. 8-11-23.)
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(105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a)
Sec. 14-7.02a.
(Repealed).
(Source: P.A. 92-568, eff. 6-26-02. Repealed by P.A. 93-1022, eff. 8-24-04.)
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(105 ILCS 5/14-7.02b)
Sec. 14-7.02b. Funding for children requiring special education services.
Payments to school districts for children requiring
special education services documented in their individualized education
program regardless of the program from which these services are received,
excluding children claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
be made in accordance with this Section. Funds received under this Section
may be used only for the provision of special educational facilities and
services as defined in Section 14-1.08 of this Code.
The appropriation for fiscal year 2005 through fiscal year 2017 shall be based upon
the IDEA child count of all students in the State, excluding students
claimed under Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
preceding, multiplied by 17.5% of the general State aid
foundation level of support established for that fiscal year under Section
18-8.05 of
this Code.
Beginning with fiscal year 2005 and through fiscal year 2007, individual school districts
shall not receive payments under this Section totaling less than they received
under the
funding authorized under Section 14-7.02a of this Code
during fiscal year 2004, pursuant to the provisions of Section 14-7.02a as they
were in effect before the effective date of this amendatory Act of the 93rd
General Assembly. This base level funding shall be computed first.
Beginning with fiscal year 2008 through fiscal year 2017, individual school districts must not receive payments under this Section totaling less than they received in fiscal year 2007. This funding shall be computed last and shall be a separate calculation from any other calculation set forth in this Section. This amount is exempt from the requirements of Section 1D-1 of this Code.
Through fiscal year 2017, an amount equal to 85% of the funds remaining in the appropriation shall be allocated to school districts based upon the
district's average daily attendance reported for purposes of Section
18-8.05 of this Code for the preceding school year. Fifteen percent of the
funds
remaining in the appropriation
shall be allocated to school districts based upon the district's low income
eligible pupil count used in the calculation of general State aid under Section
18-8.05 of this Code for the same fiscal year. One hundred percent of the
funds
computed and allocated to districts under this Section shall be distributed and
paid to school districts.
For individual
students with disabilities whose program costs exceed 4 times the
district's per capita tuition rate
as calculated under Section 10-20.12a of this Code, the costs in excess
of 4 times the district's per capita tuition rate shall be paid by the State
Board of Education from unexpended IDEA discretionary funds originally
designated for room and board reimbursement pursuant to Section
14-8.01 of this Code. The amount of tuition for these children shall be
determined by the actual cost of maintaining classes for these children,
using the per
capita cost formula set forth in Section 14-7.01 of this Code, with the
program and cost being pre-approved by the State Superintendent of
Education. Reimbursement for individual students with disabilities whose program costs exceed 4 times the district's per capita tuition rate shall be claimed beginning with costs encumbered for the 2004-2005 school year and thereafter.
The State Board of Education shall prepare vouchers equal to one-fourth the
amount allocated to districts, for transmittal
to the State Comptroller on the 30th day of September, December, and March,
respectively, and the final voucher, no later than June 20. The Comptroller
shall make payments pursuant to this Section to school districts as soon as possible after receipt of vouchers. If the money
appropriated from the General Assembly for such purposes for any year is
insufficient, it shall be apportioned on the basis of the payments due to
school districts.
Nothing in this Section shall be construed to decrease or increase the
percentage of all special education funds that are allocated annually
under Article 1D of this Code
or to alter the requirement that a
school district provide special education services.
Nothing in this amendatory Act of the 93rd General Assembly shall
eliminate any reimbursement obligation owed as of the effective date of this
amendatory Act of the 93rd General Assembly to a school district with in excess
of 500,000 inhabitants.
Except for reimbursement for individual students with disabilities whose program costs exceed 4 times the district's per capita tuition rate, no funding shall be provided to school districts under this Section after fiscal year 2017. In fiscal year 2018 and each fiscal year thereafter, all funding received by a school district from the State pursuant to Section 18–8.15 of this Code that is attributable to students requiring special education services must be used for special education services authorized under this Code. (Source: P.A. 100-465, eff. 8-31-17.) |
(105 ILCS 5/14-7.02c) Sec. 14-7.02c. Private therapeutic day schools; student enrollment data. The Illinois Purchased Care Review Board must accept amended student enrollment data from special education private therapeutic day schools that have specialized contractual agreements with a school district having a population exceeding 500,000 inhabitants in the 2016-2017 and 2017-2018 school years. The amended student enrollment data must be based on actual monthly enrollment days where a student placed by the school district was formally enrolled and began to receive services through the last date he or she was formally exited from the therapeutic day school. All enrolled days must be confined to the official beginning and end dates of the therapeutic day school's official calendar on file with the State Board of Education. In no instance may the amended enrollment be further reduced to account for student absences. A school district having a population of 500,000 or less inhabitants must be billed at the per diem rate approved by the Illinois Purchased Care Review Board based on days enrolled as prescribed in Section 900.330 of Title 89 of the Illinois Administrative Code.
(Source: P.A. 101-10, eff. 6-5-19.) |
(105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
Sec. 14-7.03. Special education classes for children from orphanages,
foster family homes, children's homes, or State residential units. If a
school district maintains special education classes on the site of
orphanages and children's homes, or if children from the orphanages,
children's homes, foster family homes, other State agencies, or State
residential units for children attend classes for children with disabilities
in which the school district is a participating member of a joint
agreement, or if the children from the orphanages, children's homes,
foster family homes, other State agencies, or State residential units
attend classes for the children with disabilities maintained by the school
district, then reimbursement shall be paid to eligible districts in
accordance with the provisions of this Section by the Comptroller as directed
by the State Superintendent of Education.
The amount of tuition for such children shall be determined by the
actual cost of maintaining such classes, using the per capita cost formula
set forth in Section 14-7.01, such program and cost to be pre-approved by
the State Superintendent of Education.
If a school district makes a claim for reimbursement under Section
18-3 of this Code it shall not include in any claim filed under
this Section a claim for such children. Payments authorized by law,
including State or federal grants for education of children included in
this Section, shall be deducted in determining the tuition amount.
Nothing in this Code shall be construed so as to prohibit
reimbursement for the tuition of children placed in for profit facilities.
Private facilities shall provide adequate space at the
facility for special education classes provided by a school district or
joint agreement for children with disabilities who are
residents of the
facility at no cost to the school district or joint agreement upon
request of the school district or joint agreement. If such a private
facility provides space at no cost to the district or joint agreement
for special education classes provided to children with
disabilities who are
residents of the facility, the district or joint agreement shall not
include any costs for the use of those facilities in its claim for
reimbursement.
Reimbursement for tuition may include the cost of providing summer
school programs for children with severe and profound disabilities served
under this Section. Claims for that reimbursement shall be filed by
November 1 and shall be paid on or before December 15 from
appropriations made for the purposes of this Section.
The State Board of Education shall establish such rules and
regulations as may be necessary to implement the provisions of this
Section.
Claims filed on behalf of programs operated under this Section housed in an orphanage, children's home, private facility, State residential unit, district or joint agreement site,
jail, detention center, or county-owned shelter care facility
shall be on an individual student basis only for
eligible students with disabilities. These claims shall be in accordance with
applicable rules.
Each district claiming reimbursement for individual students shall have the
eligibility of those students verified by the State Board of Education. On
September 30, December 31, and March 31, the State Board of Education shall
voucher payments for individual students based upon an estimated cost
calculated from the prior year's claim. Final claims for individual students
for the regular school term must be received at the State Board of Education by June
15. Claims for individual students received after June 15 shall not
be honored. Claims received by June 15 may be amended until August 1. Final claims for individual students shall be vouchered by
August 31.
However, notwithstanding any other provisions of this Section or this Code, if the amount appropriated for any fiscal year is less than the amount required for purposes of this Section, the amount required to eliminate any insufficient reimbursement for each district claim under this Section shall be reimbursed on August 31 of the next fiscal year. Payments required to eliminate any insufficiency for prior fiscal year claims shall be made before any claims are paid for the current fiscal year.
Regional superintendents may operate special education classes for
children from orphanages, foster family homes, children's homes, or State residential
units located within the educational services region upon consent
of the school board otherwise so obligated. In electing to assume the
powers and duties of a school district in providing and maintaining such a
special education program, the regional superintendent may enter into joint
agreements with other districts and may contract with public or private
schools or the orphanage, foster family home, children's home, or State residential
unit for provision of the special education program. The regional
superintendent exercising the powers granted under this Section shall be reimbursed for the actual cost of providing such programs by the resident district as defined in Section 14-1.11a.
Any child who is not a resident of Illinois who is placed in a child
welfare institution, private facility, foster family home, State operated
program, orphanage, or children's home shall have the payment for his
educational tuition and any related services assured by the placing agent.
For each student with a disability who is placed in a residential facility by an Illinois public
agency or by any court in this State, the costs for educating the student
are eligible for reimbursement under this Section.
The district of residence of the student with a disability as
defined in Section 14-1.11a is responsible for the actual costs of
the student's special education program and is eligible for reimbursement under
this Section when placement is made by a State agency or the courts.
When a dispute arises over the determination of the district of
residence under this Section, the district or districts may appeal the decision in writing to
the State Superintendent of Education, who, upon review of materials submitted and any other items or information he or she may request for submission, shall issue a written decision on the matter. The decision of the State
Superintendent of Education shall be final.
In the event a district does not make a tuition
payment to another district that is providing the special education
program and services, the State Board of Education shall immediately
withhold 125% of
the then remaining annual tuition cost from the State aid or categorical
aid payment due to the
school district that is determined to be the resident school district. All
funds withheld by the State Board of Education shall immediately be
forwarded to the
school district where the student is being served.
When a child eligible for services under this Section 14-7.03 must be
placed in a nonpublic facility, that facility shall meet the programmatic
requirements of Section 14-7.02 and its regulations, and the educational
services shall be funded only in accordance with this Section 14-7.03.
(Source: P.A. 101-17, eff. 6-14-19.)
|
(105 ILCS 5/14-7.03a) (from Ch. 122, par. 14-7.03a)
Sec. 14-7.03a.
(Repealed).
(Source: P.A. 80-1481. Repealed by P.A. 90-644, eff. 7-24-98.)
|
(105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04)
Sec. 14-7.04. Health care reimbursement.
(a) Local educational agencies
may utilize federally funded health care programs to share in the costs of
services which are provided to children requiring special education and
related services and which are either listed on an individualized education
program established pursuant to the federal Education for All Handicapped
Children Act of 1975, Public Law No. 94-142 or are provided under an
individualized family service plan established pursuant to the federal
Education of the Handicapped Act Amendments of 1986, Public Law No. 99-457.
Those federally funded health care programs shall also share in the cost
of all screenings and diagnostic evaluations for children suspected of
having or known to have a disability.
However, all such services shall continue to be initially funded by the
local educational agency and shall be provided regardless of subsequent
cost sharing with other funding sources. Federally funded health care
reimbursement funds are supplemental and shall not be used to reduce any
other Federal payments, private payments or State Board of Education funds
for special education as provided in Article 14 of the School Code for
which the local education agency is eligible.
Local educational agencies providing early periodic screening and
diagnostic testing services on or after August 1, 1991, including screening
and diagnostic services, health care and treatment, preventive health care,
and any other measure to correct or improve health impairments of
Medicaid-eligible children, may also access federally funded health care
resources.
The State Board of Education and the Department of Healthcare and Family Services may enter
into an intergovernmental agreement whereby school districts or their
agents may claim medicaid matching funds for medicaid eligible special
education children as authorized by Section 1903 of the Social Security
Act. Under that intergovernmental agreement, school districts or their
agents may also claim federal funds for the services provided to special
education students enrolled in the Children's Health
Insurance Program.
(b) No employee or officer of a school district, special education
joint agreement, office of a regional superintendent of schools or the
State Board of Education may have a direct or indirect financial interest
in any agreement between the entity of which the person is an employee or
officer and any corporation, organization or other entity that collects or
participates in the collection of payments from private health care benefit
plans or federally funded health care programs authorized under this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
|
(105 ILCS 5/14-7.05)
Sec. 14-7.05. Placement in residential facility; payment of educational costs. For any student with a disability in a residential facility placement made or paid for by an Illinois public State agency or made by any court in this State, the school district of residence as determined pursuant to this Article is responsible for the costs of educating the child and shall be reimbursed for those costs in accordance with this Code. Subject to this Section and relevant State appropriation, the resident district's financial responsibility and reimbursement must be calculated in accordance with the provisions of Section 14-7.02 of this Code. In those instances in which a district receives a block grant pursuant to Article 1D of this Code, the district's financial responsibility is limited to the actual educational costs of the placement, which must be paid by the district from its block grant appropriation. Resident district financial responsibility and reimbursement applies for both residential facilities that are approved by the State Board of Education and non-approved facilities, subject to the requirements of this Section. The Illinois placing agency or court remains responsible for funding the residential portion of the placement and for notifying the resident district prior to the placement, except in emergency situations. The residential facility in which the student is placed shall notify the resident district of the student's enrollment as soon as practicable after the placement. Failure of the placing agency or court to notify the resident district prior to the placement does not absolve the resident district of financial responsibility for the educational costs of the placement; however, the resident district shall not become financially responsible unless and until it receives written notice of the placement by either the placing agency, court, or residential facility. The placing agency or parent shall request an individualized education program (IEP) meeting from the resident district if the placement would entail additional educational services beyond the student's current IEP. The district of residence shall retain control of the IEP process, and any changes to the IEP must be done in compliance with the federal Individuals with Disabilities Education Act. Prior to the placement of a child in an out-of-state special education residential facility, the placing agency or court must refer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, that provides treatment and services comparable to those provided by the out-of-state special education residential facility. The placing agency or court must review annually the placement of a child in an out-of-state special education residential facility. As a part of the review, the placing agency or court must refer to the child or the child's parent or guardian the option to place the child in a comparable special education residential facility located within this State, if any. Payments shall be made by the resident district to the entity providing the educational services, whether the entity is the residential facility or the school district wherein the facility is located, no less than once per quarter unless otherwise agreed to in writing by the parties. A residential facility providing educational services within the facility, but not approved by the State Board of Education, is required to demonstrate proof to the State Board of (i) appropriate licensure of teachers for the student population, (ii) age-appropriate curriculum, (iii) enrollment and attendance data, and (iv) the ability to implement the child's IEP. A school district is under no obligation to pay such a residential facility unless and until such proof is provided to the State Board's satisfaction. When a dispute arises over the determination of the district of residence under this Section, any person or entity, including without limitation a school district or residential facility, may make a written request for a residency decision to the State Superintendent of Education, who, upon review of materials submitted and any other items of information he or she may request for submission, shall issue his or her decision in writing. The decision of the State Superintendent of Education is final.
(Source: P.A. 102-254, eff. 8-6-21; 102-894, eff. 5-20-22.) |