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90_HB1526eng
105 ILCS 5/14-4.01 from Ch. 122, par. 14-4.01
Amends the School Code. Makes changes of punctuation and
style in provisions that require school districts that
maintain a recognized school to establish and maintain
special educational facilities for children with
disabilities.
LRB9005145THpk
HB1526 Engrossed LRB9005145THpk
1 AN ACT to amend the School Code by changing Sections
2 14-4.02, 14-7.02a, 14-12.01, 14-13.01, and 18-4.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 14-7.02, 14-7.02a, 14-12.01, 14-13.01, and 18-4.3 as
7 follows:
8 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 14-7.02. Children attending private schools, public
11 out-of-state schools, public school residential facilities or
12 private special education facilities. The General Assembly
13 recognizes that non-public schools or special education
14 facilities provide an important service in the educational
15 system in Illinois.
16 If because of his or her disability the special education
17 program of a district is unable to meet the needs of a child
18 and the child attends a non-public school or special
19 education facility, a public out-of-state school or a special
20 education facility owned and operated by a county government
21 unit that provides special educational services required by
22 the child and is in compliance with the appropriate rules and
23 regulations of the State Superintendent of Education, the
24 school district in which the child is a resident shall pay
25 the actual cost of tuition for special education and related
26 services provided during the regular school term and during
27 the summer school term if the child's educational needs so
28 require, excluding room, board and transportation costs
29 charged the child by that non-public school or special
30 education facility, public out-of-state school or county
31 special education facility, or $4,500 per year, whichever is
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1 less, and shall provide him any necessary transportation.
2 "Nonpublic special education facility" shall include a
3 residential facility, within or without the State of
4 Illinois, which provides special education and related
5 services to meet the needs of the child by utilizing private
6 schools or public schools, whether located on the site or off
7 the site of the residential facility.
8 The State Board of Education shall promulgate rules and
9 regulations for determining when placement in a private
10 special education facility is appropriate. Such rules and
11 regulations shall take into account the various types of
12 services needed by a child and the availability of such
13 services to the particular child in the public school. In
14 developing these rules and regulations the State Board of
15 Education shall consult with the Advisory Council on
16 Education of Children with Disabilities and hold public
17 hearings to secure recommendations from parents, school
18 personnel, and others concerned about this matter.
19 The State Board of Education shall also promulgate rules
20 and regulations for transportation to and from a residential
21 school. Transportation to and from home to a residential
22 school more than once each school term shall be subject to
23 prior approval by the State Superintendent in accordance with
24 the rules and regulations of the State Board.
25 A school district making tuition payments pursuant to
26 this Section is eligible for reimbursement from the State for
27 the amount of such payments actually made in excess of the
28 district per capita tuition charge for students not receiving
29 special education services. Such reimbursement shall be
30 approved in accordance with Section 14-12.01 and each
31 district shall file its claims, computed in accordance with
32 rules prescribed by the State Board of Education, with the
33 regional superintendent of schools on or before August 1, for
34 approval on forms prescribed by the State Superintendent of
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1 Education. Data used as a basis of reimbursement claims
2 shall be for the preceding regular school term and summer
3 school term. The regional superintendent of schools shall
4 approve the claims as to form and transmit the claims to the
5 State Board of Education on or before August 15. The State
6 Board of Education, before approving any such claims, shall
7 determine their accuracy and whether they are based upon
8 services and facilities provided under approved programs.
9 Upon approval the State Board shall cause vouchers to be
10 prepared showing the amount due for payment of reimbursement
11 claims to school districts, for transmittal to the State
12 Comptroller on the 30th day of September, December, and
13 March, respectively, and the final voucher, no later than
14 June 20. If the money appropriated by the General Assembly
15 for such purpose for any year is insufficient, it shall be
16 apportioned on the basis of the claims approved.
17 No child shall be placed in a special education program
18 pursuant to this Section if the tuition cost for special
19 education and related services increases more than 10 percent
20 over the tuition cost for the previous school year or exceeds
21 $4,500 per year unless such costs have been approved by the
22 Illinois Purchased Care Review Board. The Illinois
23 Purchased Care Review Board shall consist of the following
24 persons, or their designees: the Directors of Children and
25 Family Services, Mental Health and Developmental
26 Disabilities, Public Health, Public Aid, Rehabilitation
27 Services and the Bureau of the Budget; the State
28 Superintendent of Education; and such other persons as the
29 Governor may designate. The Review Board shall establish
30 rules and regulations for its determination of allowable
31 costs and payments made by local school districts for special
32 education, room and board, and other related services
33 provided by non-public schools or special education
34 facilities and shall establish uniform standards and criteria
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1 which it shall follow.
2 The Review Board shall establish uniform definitions and
3 criteria for accounting separately by special education, room
4 and board and other related services costs. The Board shall
5 also establish guidelines for the coordination of services
6 and financial assistance provided by all State agencies to
7 assure that no otherwise qualified disabled child receiving
8 services under Article 14 shall be excluded from
9 participation in, be denied the benefits of or be subjected
10 to discrimination under any program or activity provided by
11 any State agency.
12 The Review Board shall review the costs for special
13 education and related services provided by non-public schools
14 or special education facilities and shall approve or
15 disapprove such facilities in accordance with the rules and
16 regulations established by it with respect to allowable
17 costs.
18 The State Board of Education shall provide administrative
19 and staff support for the Review Board as deemed reasonable
20 by the State Superintendent of Education. This support shall
21 not include travel expenses or other compensation for any
22 Review Board member other than the State Superintendent of
23 Education.
24 The Review Board shall seek the advice of the Advisory
25 Council on Education of Children with Disabilities on the
26 rules and regulations to be promulgated by it relative to
27 providing special education services.
28 If a child has been placed in a program in which the
29 actual per pupil costs of tuition for special education and
30 related services based on program enrollment, excluding room,
31 board and transportation costs, exceed $4,500 and such costs
32 have been approved by the Review Board, the district shall
33 pay such total costs which exceed $4,500. A district making
34 such tuition payments in excess of $4,500 pursuant to this
HB1526 Engrossed -5- LRB9005145THpk
1 Section shall be responsible for an amount in excess of
2 $4,500 equal to the district per capita tuition charge and
3 shall be eligible for reimbursement from the State for the
4 amount of such payments actually made in excess of the
5 districts per capita tuition charge for students not
6 receiving special education services.
7 If a child has been placed in an approved individual
8 program and the tuition costs including room and board costs
9 have been approved by the Review Board, then such room and
10 board costs shall be paid by the appropriate State agency
11 subject to the provisions of Section 14-8.01 of this Act.
12 Room and board costs not provided by a State agency other
13 than the State Board of Education shall be provided by the
14 State Board of Education on a current basis. In no event,
15 however, shall the State's liability for funding of these
16 tuition costs begin until after the legal obligations of
17 third party payors have been subtracted from such costs. If
18 the money appropriated by the General Assembly for such
19 purpose for any year is insufficient, it shall be apportioned
20 on the basis of the claims approved. Each district shall
21 submit estimated claims to the regional superintendent of
22 schools for transmittal to the State Superintendent of
23 Education. Upon approval of such claims, the State
24 Superintendent of Education shall direct the State
25 Comptroller to make payments on a monthly basis. The
26 frequency for submitting estimated claims and the method of
27 determining payment shall be prescribed in rules and
28 regulations adopted by the State Board of Education. Such
29 current state reimbursement shall be reduced by an amount
30 equal to the proceeds which the child or child's parents are
31 eligible to receive under any public or private insurance or
32 assistance program. Nothing in this Section shall be
33 construed as relieving an insurer or similar third party from
34 an otherwise valid obligation to provide or to pay for
HB1526 Engrossed -6- LRB9005145THpk
1 services provided to a disabled child.
2 If it otherwise qualifies, a school district is eligible
3 for the transportation reimbursement under Section 14-13.01
4 and for the reimbursement of tuition payments under this
5 Section whether the non-public school or special education
6 facility, public out-of-state school or county special
7 education facility, attended by a child who resides in that
8 district and requires special educational services, is within
9 or outside of the State of Illinois. However, a district is
10 not eligible to claim transportation reimbursement under this
11 Section unless the district certifies to the State
12 Superintendent of Education that the district is unable to
13 provide special educational services required by the child
14 for the current school year.
15 Nothing in this Section authorizes the reimbursement of a
16 school district for the amount paid for tuition of a child
17 attending a non-public school or special education facility,
18 public out-of-state school or county special education
19 facility unless the school district certifies to the State
20 Superintendent of Education that the special education
21 program of that district is unable to meet the needs of that
22 child because of his disability and the State Superintendent
23 of Education finds that the school district is in substantial
24 compliance with Section 14-4.01.
25 Any educational or related services provided, pursuant to
26 this Section in a non-public school or special education
27 facility or a special education facility owned and operated
28 by a county government unit shall be at no cost to the parent
29 or guardian of the child. However, current law and practices
30 relative to contributions by parents or guardians for costs
31 other than educational or related services are not affected
32 by this amendatory Act of 1978.
33 Reimbursement for children attending public school
34 residential facilities shall be made in accordance with the
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1 provisions of this Section.
2 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
3 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
4 8-20-95; 89-626, eff. 8-9-96.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 14-7.02. Children attending private schools, public
7 out-of-state schools, public school residential facilities or
8 private special education facilities. The General Assembly
9 recognizes that non-public schools or special education
10 facilities provide an important service in the educational
11 system in Illinois.
12 If because of his or her disability the special education
13 program of a district is unable to meet the needs of a child
14 and the child attends a non-public school or special
15 education facility, a public out-of-state school or a special
16 education facility owned and operated by a county government
17 unit that provides special educational services required by
18 the child and is in compliance with the appropriate rules and
19 regulations of the State Superintendent of Education, the
20 school district in which the child is a resident shall pay
21 the actual cost of tuition for special education and related
22 services provided during the regular school term and during
23 the summer school term if the child's educational needs so
24 require, excluding room, board and transportation costs
25 charged the child by that non-public school or special
26 education facility, public out-of-state school or county
27 special education facility, or $4,500 per year, whichever is
28 less, and shall provide him any necessary transportation.
29 "Nonpublic special education facility" shall include a
30 residential facility, within or without the State of
31 Illinois, which provides special education and related
32 services to meet the needs of the child by utilizing private
33 schools or public schools, whether located on the site or off
34 the site of the residential facility.
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1 The State Board of Education shall promulgate rules and
2 regulations for determining when placement in a private
3 special education facility is appropriate. Such rules and
4 regulations shall take into account the various types of
5 services needed by a child and the availability of such
6 services to the particular child in the public school. In
7 developing these rules and regulations the State Board of
8 Education shall consult with the Advisory Council on
9 Education of Children with Disabilities and hold public
10 hearings to secure recommendations from parents, school
11 personnel, and others concerned about this matter.
12 The State Board of Education shall also promulgate rules
13 and regulations for transportation to and from a residential
14 school. Transportation to and from home to a residential
15 school more than once each school term shall be subject to
16 prior approval by the State Superintendent in accordance with
17 the rules and regulations of the State Board.
18 A school district making tuition payments pursuant to
19 this Section is eligible for reimbursement from the State for
20 the amount of such payments actually made in excess of the
21 district per capita tuition charge for students not receiving
22 special education services. Such reimbursement shall be
23 approved in accordance with Section 14-12.01 and each
24 district shall file its claims, computed in accordance with
25 rules prescribed by the State Board of Education, with the
26 regional superintendent of schools on or before August 1, for
27 approval on forms prescribed by the State Superintendent of
28 Education. Data used as a basis of reimbursement claims
29 shall be for the preceding regular school term and summer
30 school term. The regional superintendent of schools shall
31 approve the claims as to form and transmit the claims to the
32 State Board of Education on or before August 15. The State
33 Board of Education, before approving any such claims, shall
34 determine their accuracy and whether they are based upon
HB1526 Engrossed -9- LRB9005145THpk
1 services and facilities provided under approved programs.
2 Upon approval the State Board shall cause vouchers to be
3 prepared showing the amount due for payment of reimbursement
4 claims to school districts, for transmittal to the State
5 Comptroller on the 30th day of September, December, and
6 March, respectively, and the final voucher, no later than
7 June 20. If the money appropriated by the General Assembly
8 for such purpose for any year is insufficient, it shall be
9 apportioned on the basis of the claims approved.
10 No child shall be placed in a special education program
11 pursuant to this Section if the tuition cost for special
12 education and related services increases more than 10 percent
13 over the tuition cost for the previous school year or exceeds
14 $4,500 per year unless such costs have been approved by the
15 Illinois Purchased Care Review Board. The Illinois
16 Purchased Care Review Board shall consist of the following
17 persons, or their designees: the Directors of Children and
18 Family Services, Public Health, Public Aid, and the Bureau of
19 the Budget; the Secretary of Human Services; the State
20 Superintendent of Education; and such other persons as the
21 Governor may designate. The Review Board shall establish
22 rules and regulations for its determination of allowable
23 costs and payments made by local school districts for special
24 education, room and board, and other related services
25 provided by non-public schools or special education
26 facilities and shall establish uniform standards and criteria
27 which it shall follow.
28 The Review Board shall establish uniform definitions and
29 criteria for accounting separately by special education, room
30 and board and other related services costs. The Board shall
31 also establish guidelines for the coordination of services
32 and financial assistance provided by all State agencies to
33 assure that no otherwise qualified disabled child receiving
34 services under Article 14 shall be excluded from
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1 participation in, be denied the benefits of or be subjected
2 to discrimination under any program or activity provided by
3 any State agency.
4 The Review Board shall review the costs for special
5 education and related services provided by non-public schools
6 or special education facilities and shall approve or
7 disapprove such facilities in accordance with the rules and
8 regulations established by it with respect to allowable
9 costs.
10 The State Board of Education shall provide administrative
11 and staff support for the Review Board as deemed reasonable
12 by the State Superintendent of Education. This support shall
13 not include travel expenses or other compensation for any
14 Review Board member other than the State Superintendent of
15 Education.
16 The Review Board shall seek the advice of the Advisory
17 Council on Education of Children with Disabilities on the
18 rules and regulations to be promulgated by it relative to
19 providing special education services.
20 If a child has been placed in a program in which the
21 actual per pupil costs of tuition for special education and
22 related services based on program enrollment, excluding room,
23 board and transportation costs, exceed $4,500 and such costs
24 have been approved by the Review Board, the district shall
25 pay such total costs which exceed $4,500. A district making
26 such tuition payments in excess of $4,500 pursuant to this
27 Section shall be responsible for an amount in excess of
28 $4,500 equal to the district per capita tuition charge and
29 shall be eligible for reimbursement from the State for the
30 amount of such payments actually made in excess of the
31 districts per capita tuition charge for students not
32 receiving special education services.
33 If a child has been placed in an approved individual
34 program and the tuition costs including room and board costs
HB1526 Engrossed -11- LRB9005145THpk
1 have been approved by the Review Board, then such room and
2 board costs shall be paid by the appropriate State agency
3 subject to the provisions of Section 14-8.01 of this Act.
4 Room and board costs not provided by a State agency other
5 than the State Board of Education shall be provided by the
6 State Board of Education on a current basis. In no event,
7 however, shall the State's liability for funding of these
8 tuition costs begin until after the legal obligations of
9 third party payors have been subtracted from such costs. If
10 the money appropriated by the General Assembly for such
11 purpose for any year is insufficient, it shall be apportioned
12 on the basis of the claims approved. Each district shall
13 submit estimated claims to the regional superintendent of
14 schools for transmittal to the State Superintendent of
15 Education. Upon approval of such claims, the State
16 Superintendent of Education shall direct the State
17 Comptroller to make payments on a monthly basis. The
18 frequency for submitting estimated claims and the method of
19 determining payment shall be prescribed in rules and
20 regulations adopted by the State Board of Education. Such
21 current state reimbursement shall be reduced by an amount
22 equal to the proceeds which the child or child's parents are
23 eligible to receive under any public or private insurance or
24 assistance program. Nothing in this Section shall be
25 construed as relieving an insurer or similar third party from
26 an otherwise valid obligation to provide or to pay for
27 services provided to a disabled child.
28 If it otherwise qualifies, a school district is eligible
29 for the transportation reimbursement under Section 14-13.01
30 and for the reimbursement of tuition payments under this
31 Section whether the non-public school or special education
32 facility, public out-of-state school or county special
33 education facility, attended by a child who resides in that
34 district and requires special educational services, is within
HB1526 Engrossed -12- LRB9005145THpk
1 or outside of the State of Illinois. However, a district is
2 not eligible to claim transportation reimbursement under this
3 Section unless the district certifies to the State
4 Superintendent of Education that the district is unable to
5 provide special educational services required by the child
6 for the current school year.
7 Nothing in this Section authorizes the reimbursement of a
8 school district for the amount paid for tuition of a child
9 attending a non-public school or special education facility,
10 public out-of-state school or county special education
11 facility unless the school district certifies to the State
12 Superintendent of Education that the special education
13 program of that district is unable to meet the needs of that
14 child because of his disability and the State Superintendent
15 of Education finds that the school district is in substantial
16 compliance with Section 14-4.01.
17 Any educational or related services provided, pursuant to
18 this Section in a non-public school or special education
19 facility or a special education facility owned and operated
20 by a county government unit shall be at no cost to the parent
21 or guardian of the child. However, current law and practices
22 relative to contributions by parents or guardians for costs
23 other than educational or related services are not affected
24 by this amendatory Act of 1978.
25 Reimbursement for children attending public school
26 residential facilities shall be made in accordance with the
27 provisions of this Section.
28 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
29 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
30 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
31 (105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a)
32 Sec. 14-7.02a. Children requiring extraordinary special
33 education services and facilities. A school district
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1 providing for a child requiring extraordinary special
2 education services because of the nature of his disability is
3 eligible for reimbursement from the State if the cost of
4 educating that child is computed, as set forth in Section
5 14-7.01, to be in excess of one and one-half times the
6 district per capita tuition charge for the prior year. Such
7 costs beyond one per capita tuition charge shall be
8 reimbursed, up to a maximum of $2,500 $2,000.
9 A child is deemed to require extraordinary special
10 education services and facilities under the following
11 conditions:
12 1) the school district has determined that the
13 child requires extraordinary special education facilities
14 pursuant to the multidisciplinary case study and the
15 individualized education program;
16 2) the school district maintains adequate cost
17 accounting to document the per capita cost of special
18 education; and
19 3) the school district submits approval and claim
20 data annually for each eligible child.
21 Extraordinary special education services provided on a
22 one-half day basis shall only be reimbursed at a rate of
23 one-half the amount otherwise provided herein.
24 (Source: P.A. 88-16.)
25 (105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
26 Sec. 14-12.01. Account of expenditures - Cost report -
27 Reimbursement. Each school board shall keep an accurate,
28 detailed and separate account of all monies paid out by it
29 for the maintenance of each of the types of facilities,
30 classes and schools authorized by this Article for the
31 instruction and care of pupils attending them and for the
32 cost of their transportation, and shall annually report
33 thereon indicating the cost of each such elementary or high
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1 school pupil for the school year ending June 30.
2 Applications for preapproval for reimbursement for costs
3 of special education must be first submitted through the
4 office of the regional superintendent of schools to the State
5 Superintendent of Education on or before 30 days after a
6 special class or service is started. Applications shall set
7 forth a plan for special education established and maintained
8 in accordance with this Article. Such applications shall be
9 limited to the cost of construction and maintenance of
10 special education facilities designed and utilized to house
11 instructional programs, diagnostic services, other special
12 education services for children with disabilities and
13 reimbursement as provided in Section 14-13.01. Such
14 application shall not include the cost of construction or
15 maintenance of any administrative facility separated from
16 special education facilities designed and utilized to house
17 instructional programs, diagnostic services, and other
18 special education services for children with disabilities.
19 Reimbursement claims for special education shall be made as
20 follows:
21 Each district shall file its claim computed in accordance
22 with rules prescribed by the State Board of Education with
23 the regional superintendent of schools, in triplicate, on or
24 before August 1, for approval on forms prescribed by the
25 State Superintendent of Education. Data used as a basis of
26 reimbursement claims shall be for the school year ended on
27 June 30 preceding. The regional superintendent of schools
28 shall check and upon approval provide the State
29 Superintendent of Education with the original and one copy of
30 the claims on or before August 15. The State Superintendent
31 of Education before approving any such claims shall determine
32 their accuracy and whether they are based upon services and
33 facilities provided under approved programs. Upon approval,
34 vouchers for the amounts due the respective districts shall
HB1526 Engrossed -15- LRB9005145THpk
1 be prepared and submitted during each fiscal year as follows:
2 the first 3 vouchers shall be prepared by the State
3 Superintendent of Education and transmitted to the
4 Comptroller on the 30th day of September, December and March,
5 respectively, and the final voucher, no later than June 20.
6 If, after preparation and transmittal of the September 30
7 vouchers, any claim has been redetermined by the State
8 Superintendent of Education, subsequent vouchers shall be
9 adjusted in amount to compensate for any overpayment or
10 underpayment previously made. If the money appropriated by
11 the General Assembly for such purpose for any year is
12 insufficient, it shall be apportioned on the basis of the
13 claims approved.
14 Claims received at the State Board of Education after
15 August 15 shall not be honored. Claims received by August 15
16 may be amended until November 30.
17 All reimbursement shall be paid at 100%. Recognizing the
18 needs of students with disabilities and the financial burden
19 upon the school districts in educating those students, the
20 General Assembly shall annually appropriate adequate funding
21 to reimburse at 100% of the cost of providing special
22 education. If there are any excess funds remaining from the
23 appropriation reimbursing all filed claims, the General
24 Assembly shall reappropriate those excess funds for other
25 educational purposes in that same fiscal year. Beginning
26 with the fiscal year 1998, if the amount appropriated for any
27 year is less than the amount required for purposes of this
28 Section and Sections 14-7.02 and 18-4.3, the amount required
29 to eliminate any insufficient reimbursement for each district
30 claim under those Sections shall be reimbursed on September
31 30 of the next fiscal year. Payments required to eliminate
32 any insufficiency for prior fiscal year claims shall be made
33 before any claims are paid for the current fiscal year.
34 (Source: P.A. 88-641, eff. 9-9-94; 89-397, eff. 8-20-95.)
HB1526 Engrossed -16- LRB9005145THpk
1 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
2 Sec. 14-13.01. Reimbursement payable by State; Amounts.
3 Reimbursement for furnishing special educational facilities
4 in a recognized school to the type of children defined in
5 Section 14-1.02 shall be paid to the school districts in
6 accordance with Section 14-12.01 for each school year ending
7 June 30 by the State Comptroller out of any money in the
8 treasury appropriated for such purposes on the presentation
9 of vouchers by the State Board of Education.
10 The reimbursement shall be limited to funds expended for
11 construction and maintenance of special education facilities
12 designed and utilized to house instructional programs,
13 diagnostic services, other special education services for
14 children with disabilities and reimbursement as provided in
15 Section 14-13.01. There shall be no reimbursement for
16 construction and maintenance of any administrative facility
17 separated from special education facilities designed and
18 utilized to house instructional programs, diagnostic services
19 and other special education services for children with
20 disabilities.
21 (a) For children who have not been identified as
22 eligible for special education and for eligible children with
23 physical disabilities, including all eligible children whose
24 placement has been determined under Section 14-8.02 in
25 hospital or home instruction, 1/2 of the teacher's salary but
26 not more than $1,000 annually per child or 22% of the State's
27 average teacher salary for the prior school year $8,000 per
28 teacher for the 1997-1998 1985-1986 school year and
29 thereafter, whichever is less. Children to be included in
30 any reimbursement under this paragraph must regularly receive
31 a minimum of one hour of instruction each school day, or in
32 lieu thereof of a minimum of 5 hours of instruction in each
33 school week in order to qualify for full reimbursement under
34 this Section. If the attending physician for such a child
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1 has certified that the child should not receive as many as 5
2 hours of instruction in a school week, however, reimbursement
3 under this paragraph on account of that child shall be
4 computed proportionate to the actual hours of instruction per
5 week for that child divided by 5.
6 (b) For children described in Section 14-1.02, 4/5 of
7 the cost of transportation for each such child, whom the
8 State Superintendent of Education determined in advance
9 requires special transportation service in order to take
10 advantage of special educational facilities. Transportation
11 costs shall be determined in the same fashion as provided in
12 Section 29-5. For purposes of this subsection (b), the dates
13 for processing claims specified in Section 29-5 shall apply.
14 (c) For each professional worker, excluding those
15 included in subparagraphs (a), (d), (e), and (f) of this
16 Section, the annual sum of 22% of the State's average teacher
17 salary for the prior school year $8,000 for the 1997-1998
18 1985-1986 school year and thereafter.
19 (d) For one full time qualified director of the special
20 education program of each school district which maintains a
21 fully approved program of special education the annual sum of
22 22% of the State's average teacher salary for the prior
23 school year $8,000 for the 1997-1998 1985-1986 school year
24 and thereafter. Districts participating in a joint agreement
25 special education program shall not receive such
26 reimbursement if reimbursement is made for a director of the
27 joint agreement program.
28 (e) For each school psychologist as defined in Section
29 14-1.09 the annual sum of 22% of the State's average teacher
30 salary for the prior school year $8,000 for the 1997-1998
31 1985-1986 school year and thereafter.
32 (f) For each qualified teacher working in a fully
33 approved program for children of preschool age who are deaf
34 or hard-of-hearing the annual sum of 22% of the State's
HB1526 Engrossed -18- LRB9005145THpk
1 average teacher salary for the prior school year $8,000 for
2 the 1997-1998 1985-1986 school year and thereafter.
3 (g) For readers, working with blind or partially seeing
4 children 1/2 of their salary but not more than $400 annually
5 per child. Readers may be employed to assist such children
6 and shall not be required to be certified but prior to
7 employment shall meet standards set up by the State Board of
8 Education.
9 (h) For necessary non-certified employees working in any
10 class or program for children defined in this Article, 1/2 of
11 the salary paid or $2,800 annually per employee, whichever is
12 less.
13 The State Board of Education shall set standards and
14 prescribe rules for determining the allocation of
15 reimbursement under this section on less than a full time
16 basis and for less than a school year.
17 When any school district eligible for reimbursement under
18 this Section operates a school or program approved by the
19 State Superintendent of Education for a number of days in
20 excess of the adopted school calendar but not to exceed 235
21 school days, such reimbursement shall be increased by 1/185
22 of the amount or rate paid hereunder for each day such school
23 is operated in excess of 185 days per calendar year.
24 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
25 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
26 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
27 Sec. 18-4.3. Summer school grants. Grants shall be
28 determined for pupil attendance in summer schools conducted
29 under Sections 10-22.33A and 34-18 and approved under Section
30 2-3.25 in the following manner.
31 The amount of grant for each accredited summer school
32 attendance pupil shall be obtained by dividing the total
33 amount of apportionments determined under subsections (1) and
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1 (2) of Section 18-8 by the actual number of pupils in average
2 daily attendance used for such apportionments. The number of
3 credited summer school attendance pupils shall be determined
4 (a) by counting clock hours of class instruction by pupils
5 enrolled in grades 1 through 12 in approved courses conducted
6 at least 60 clock hours in summer sessions; (b) by dividing
7 such total of clock hours of class instruction by 4 to
8 produce days of credited pupil attendance; (c) by dividing
9 such days of credited pupil attendance by the actual number
10 of days in the regular term as used in computation in the
11 general apportionment in Section 18-8; and (d) by multiplying
12 by 1.25.
13 The amount of the grant for a summer school program
14 approved by the State Superintendent of Education for
15 children with disabilities, as defined in Sections 14-1.02
16 through 14-1.07, shall be determined in the manner contained
17 above except that average daily membership shall be utilized
18 in lieu of average daily attendance.
19 In the case of an apportionment based on summer school
20 attendance or membership pupils, the claim therefor shall be
21 presented as a separate claim for the particular school year
22 in which such summer school session ends. On or before
23 October 15 of each year the superintendent of each eligible
24 school district shall certify to the regional superintendent
25 the claim of the district for the summer session just ended.
26 Failure on the part of the school board to so certify shall
27 constitute a forfeiture of its right to such payment. The
28 regional superintendent shall certify to the State
29 Superintendent of Education no later than November 1 the
30 regional report of claims for summer school. The State
31 Superintendent of Education shall transmit to the Comptroller
32 no later than December 15th of each year vouchers for payment
33 of amounts due school districts for summer school. The State
34 Superintendent of Education shall direct the Comptroller to
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1 draw his warrants for payments thereof by the 30th day of
2 December. If the money appropriated by the General Assembly
3 for such purpose for any year is insufficient, it shall be
4 apportioned on the basis of claims approved.
5 However, notwithstanding the foregoing provisions, for
6 each fiscal year the money appropriated by the General
7 Assembly for the purposes of this Section shall only be used
8 for grants for approved summer school programs for those
9 children with disabilities served pursuant to Sections
10 14-7.02 and 14-7.02a of the School Code.
11 (Source: P.A. 88-9; 88-641, eff. 9-9-94; 89-397, eff.
12 8-20-95.)
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.
20 Section 99. Effective date. This Act takes effect July
21 1, 1997.