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90_HB1526ham001
LRB9005145THcwam
1 AMENDMENT TO HOUSE BILL 1526
2 AMENDMENT NO. . Amend House Bill 1526 by replacing
3 the title with the following:
4 "AN ACT to amend the School Code by changing Sections
5 14-7.02, 14-7.02a, 14-12.01, 14-13.01, and 18-4.3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Sections 14-7.02, 14-7.02a, 14-12.01, 14-13.01, and 18-4.3 as
10 follows:
11 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
12 (Text of Section before amendment by P.A. 89-507)
13 Sec. 14-7.02. Children attending private schools, public
14 out-of-state schools, public school residential facilities or
15 private special education facilities. The General Assembly
16 recognizes that non-public schools or special education
17 facilities provide an important service in the educational
18 system in Illinois.
19 If because of his or her disability the special education
20 program of a district is unable to meet the needs of a child
21 and the child attends a non-public school or special
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1 education facility, a public out-of-state school or a special
2 education facility owned and operated by a county government
3 unit that provides special educational services required by
4 the child and is in compliance with the appropriate rules and
5 regulations of the State Superintendent of Education, the
6 school district in which the child is a resident shall pay
7 the actual cost of tuition for special education and related
8 services provided during the regular school term and during
9 the summer school term if the child's educational needs so
10 require, excluding room, board and transportation costs
11 charged the child by that non-public school or special
12 education facility, public out-of-state school or county
13 special education facility, or $4,500 per year, whichever is
14 less, and shall provide him any necessary transportation.
15 "Nonpublic special education facility" shall include a
16 residential facility, within or without the State of
17 Illinois, which provides special education and related
18 services to meet the needs of the child by utilizing private
19 schools or public schools, whether located on the site or off
20 the site of the residential facility.
21 The State Board of Education shall promulgate rules and
22 regulations for determining when placement in a private
23 special education facility is appropriate. Such rules and
24 regulations shall take into account the various types of
25 services needed by a child and the availability of such
26 services to the particular child in the public school. In
27 developing these rules and regulations the State Board of
28 Education shall consult with the Advisory Council on
29 Education of Children with Disabilities and hold public
30 hearings to secure recommendations from parents, school
31 personnel, and others concerned about this matter.
32 The State Board of Education shall also promulgate rules
33 and regulations for transportation to and from a residential
34 school. Transportation to and from home to a residential
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1 school more than once each school term shall be subject to
2 prior approval by the State Superintendent in accordance with
3 the rules and regulations of the State Board.
4 A school district making tuition payments pursuant to
5 this Section is eligible for reimbursement from the State for
6 the amount of such payments actually made in excess of the
7 district per capita tuition charge for students not receiving
8 special education services. Such reimbursement shall be
9 approved in accordance with Section 14-12.01 and each
10 district shall file its claims, computed in accordance with
11 rules prescribed by the State Board of Education, with the
12 regional superintendent of schools on or before August 1, for
13 approval on forms prescribed by the State Superintendent of
14 Education. Data used as a basis of reimbursement claims
15 shall be for the preceding regular school term and summer
16 school term. The regional superintendent of schools shall
17 approve the claims as to form and transmit the claims to the
18 State Board of Education on or before August 15. The State
19 Board of Education, before approving any such claims, shall
20 determine their accuracy and whether they are based upon
21 services and facilities provided under approved programs.
22 Upon approval the State Board shall cause vouchers to be
23 prepared showing the amount due for payment of reimbursement
24 claims to school districts, for transmittal to the State
25 Comptroller on the 30th day of September, December, and
26 March, respectively, and the final voucher, no later than
27 June 20. If the money appropriated by the General Assembly
28 for such purpose for any year is insufficient, it shall be
29 apportioned on the basis of the claims approved.
30 No child shall be placed in a special education program
31 pursuant to this Section if the tuition cost for special
32 education and related services increases more than 10 percent
33 over the tuition cost for the previous school year or exceeds
34 $4,500 per year unless such costs have been approved by the
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1 Illinois Purchased Care Review Board. The Illinois
2 Purchased Care Review Board shall consist of the following
3 persons, or their designees: the Directors of Children and
4 Family Services, Mental Health and Developmental
5 Disabilities, Public Health, Public Aid, Rehabilitation
6 Services and the Bureau of the Budget; the State
7 Superintendent of Education; and such other persons as the
8 Governor may designate. The Review Board shall establish
9 rules and regulations for its determination of allowable
10 costs and payments made by local school districts for special
11 education, room and board, and other related services
12 provided by non-public schools or special education
13 facilities and shall establish uniform standards and criteria
14 which it shall follow.
15 The Review Board shall establish uniform definitions and
16 criteria for accounting separately by special education, room
17 and board and other related services costs. The Board shall
18 also establish guidelines for the coordination of services
19 and financial assistance provided by all State agencies to
20 assure that no otherwise qualified disabled child receiving
21 services under Article 14 shall be excluded from
22 participation in, be denied the benefits of or be subjected
23 to discrimination under any program or activity provided by
24 any State agency.
25 The Review Board shall review the costs for special
26 education and related services provided by non-public schools
27 or special education facilities and shall approve or
28 disapprove such facilities in accordance with the rules and
29 regulations established by it with respect to allowable
30 costs.
31 The State Board of Education shall provide administrative
32 and staff support for the Review Board as deemed reasonable
33 by the State Superintendent of Education. This support shall
34 not include travel expenses or other compensation for any
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1 Review Board member other than the State Superintendent of
2 Education.
3 The Review Board shall seek the advice of the Advisory
4 Council on Education of Children with Disabilities on the
5 rules and regulations to be promulgated by it relative to
6 providing special education services.
7 If a child has been placed in a program in which the
8 actual per pupil costs of tuition for special education and
9 related services based on program enrollment, excluding room,
10 board and transportation costs, exceed $4,500 and such costs
11 have been approved by the Review Board, the district shall
12 pay such total costs which exceed $4,500. A district making
13 such tuition payments in excess of $4,500 pursuant to this
14 Section shall be responsible for an amount in excess of
15 $4,500 equal to the district per capita tuition charge and
16 shall be eligible for reimbursement from the State for the
17 amount of such payments actually made in excess of the
18 districts per capita tuition charge for students not
19 receiving special education services.
20 If a child has been placed in an approved individual
21 program and the tuition costs including room and board costs
22 have been approved by the Review Board, then such room and
23 board costs shall be paid by the appropriate State agency
24 subject to the provisions of Section 14-8.01 of this Act.
25 Room and board costs not provided by a State agency other
26 than the State Board of Education shall be provided by the
27 State Board of Education on a current basis. In no event,
28 however, shall the State's liability for funding of these
29 tuition costs begin until after the legal obligations of
30 third party payors have been subtracted from such costs. If
31 the money appropriated by the General Assembly for such
32 purpose for any year is insufficient, it shall be apportioned
33 on the basis of the claims approved. Each district shall
34 submit estimated claims to the regional superintendent of
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1 schools for transmittal to the State Superintendent of
2 Education. Upon approval of such claims, the State
3 Superintendent of Education shall direct the State
4 Comptroller to make payments on a monthly basis. The
5 frequency for submitting estimated claims and the method of
6 determining payment shall be prescribed in rules and
7 regulations adopted by the State Board of Education. Such
8 current state reimbursement shall be reduced by an amount
9 equal to the proceeds which the child or child's parents are
10 eligible to receive under any public or private insurance or
11 assistance program. Nothing in this Section shall be
12 construed as relieving an insurer or similar third party from
13 an otherwise valid obligation to provide or to pay for
14 services provided to a disabled child.
15 If it otherwise qualifies, a school district is eligible
16 for the transportation reimbursement under Section 14-13.01
17 and for the reimbursement of tuition payments under this
18 Section whether the non-public school or special education
19 facility, public out-of-state school or county special
20 education facility, attended by a child who resides in that
21 district and requires special educational services, is within
22 or outside of the State of Illinois. However, a district is
23 not eligible to claim transportation reimbursement under this
24 Section unless the district certifies to the State
25 Superintendent of Education that the district is unable to
26 provide special educational services required by the child
27 for the current school year.
28 Nothing in this Section authorizes the reimbursement of a
29 school district for the amount paid for tuition of a child
30 attending a non-public school or special education facility,
31 public out-of-state school or county special education
32 facility unless the school district certifies to the State
33 Superintendent of Education that the special education
34 program of that district is unable to meet the needs of that
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1 child because of his disability and the State Superintendent
2 of Education finds that the school district is in substantial
3 compliance with Section 14-4.01.
4 Any educational or related services provided, pursuant to
5 this Section in a non-public school or special education
6 facility or a special education facility owned and operated
7 by a county government unit shall be at no cost to the parent
8 or guardian of the child. However, current law and practices
9 relative to contributions by parents or guardians for costs
10 other than educational or related services are not affected
11 by this amendatory Act of 1978.
12 Reimbursement for children attending public school
13 residential facilities shall be made in accordance with the
14 provisions of this Section.
15 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
16 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
17 8-20-95; 89-626, eff. 8-9-96.)
18 (Text of Section after amendment by P.A. 89-507)
19 Sec. 14-7.02. Children attending private schools, public
20 out-of-state schools, public school residential facilities or
21 private special education facilities. The General Assembly
22 recognizes that non-public schools or special education
23 facilities provide an important service in the educational
24 system in Illinois.
25 If because of his or her disability the special education
26 program of a district is unable to meet the needs of a child
27 and the child attends a non-public school or special
28 education facility, a public out-of-state school or a special
29 education facility owned and operated by a county government
30 unit that provides special educational services required by
31 the child and is in compliance with the appropriate rules and
32 regulations of the State Superintendent of Education, the
33 school district in which the child is a resident shall pay
34 the actual cost of tuition for special education and related
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1 services provided during the regular school term and during
2 the summer school term if the child's educational needs so
3 require, excluding room, board and transportation costs
4 charged the child by that non-public school or special
5 education facility, public out-of-state school or county
6 special education facility, or $4,500 per year, whichever is
7 less, and shall provide him any necessary transportation.
8 "Nonpublic special education facility" shall include a
9 residential facility, within or without the State of
10 Illinois, which provides special education and related
11 services to meet the needs of the child by utilizing private
12 schools or public schools, whether located on the site or off
13 the site of the residential facility.
14 The State Board of Education shall promulgate rules and
15 regulations for determining when placement in a private
16 special education facility is appropriate. Such rules and
17 regulations shall take into account the various types of
18 services needed by a child and the availability of such
19 services to the particular child in the public school. In
20 developing these rules and regulations the State Board of
21 Education shall consult with the Advisory Council on
22 Education of Children with Disabilities and hold public
23 hearings to secure recommendations from parents, school
24 personnel, and others concerned about this matter.
25 The State Board of Education shall also promulgate rules
26 and regulations for transportation to and from a residential
27 school. Transportation to and from home to a residential
28 school more than once each school term shall be subject to
29 prior approval by the State Superintendent in accordance with
30 the rules and regulations of the State Board.
31 A school district making tuition payments pursuant to
32 this Section is eligible for reimbursement from the State for
33 the amount of such payments actually made in excess of the
34 district per capita tuition charge for students not receiving
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1 special education services. Such reimbursement shall be
2 approved in accordance with Section 14-12.01 and each
3 district shall file its claims, computed in accordance with
4 rules prescribed by the State Board of Education, with the
5 regional superintendent of schools on or before August 1, for
6 approval on forms prescribed by the State Superintendent of
7 Education. Data used as a basis of reimbursement claims
8 shall be for the preceding regular school term and summer
9 school term. The regional superintendent of schools shall
10 approve the claims as to form and transmit the claims to the
11 State Board of Education on or before August 15. The State
12 Board of Education, before approving any such claims, shall
13 determine their accuracy and whether they are based upon
14 services and facilities provided under approved programs.
15 Upon approval the State Board shall cause vouchers to be
16 prepared showing the amount due for payment of reimbursement
17 claims to school districts, for transmittal to the State
18 Comptroller on the 30th day of September, December, and
19 March, respectively, and the final voucher, no later than
20 June 20. If the money appropriated by the General Assembly
21 for such purpose for any year is insufficient, it shall be
22 apportioned on the basis of the claims approved.
23 No child shall be placed in a special education program
24 pursuant to this Section if the tuition cost for special
25 education and related services increases more than 10 percent
26 over the tuition cost for the previous school year or exceeds
27 $4,500 per year unless such costs have been approved by the
28 Illinois Purchased Care Review Board. The Illinois
29 Purchased Care Review Board shall consist of the following
30 persons, or their designees: the Directors of Children and
31 Family Services, Public Health, Public Aid, and the Bureau of
32 the Budget; the Secretary of Human Services; the State
33 Superintendent of Education; and such other persons as the
34 Governor may designate. The Review Board shall establish
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1 rules and regulations for its determination of allowable
2 costs and payments made by local school districts for special
3 education, room and board, and other related services
4 provided by non-public schools or special education
5 facilities and shall establish uniform standards and criteria
6 which it shall follow.
7 The Review Board shall establish uniform definitions and
8 criteria for accounting separately by special education, room
9 and board and other related services costs. The Board shall
10 also establish guidelines for the coordination of services
11 and financial assistance provided by all State agencies to
12 assure that no otherwise qualified disabled child receiving
13 services under Article 14 shall be excluded from
14 participation in, be denied the benefits of or be subjected
15 to discrimination under any program or activity provided by
16 any State agency.
17 The Review Board shall review the costs for special
18 education and related services provided by non-public schools
19 or special education facilities and shall approve or
20 disapprove such facilities in accordance with the rules and
21 regulations established by it with respect to allowable
22 costs.
23 The State Board of Education shall provide administrative
24 and staff support for the Review Board as deemed reasonable
25 by the State Superintendent of Education. This support shall
26 not include travel expenses or other compensation for any
27 Review Board member other than the State Superintendent of
28 Education.
29 The Review Board shall seek the advice of the Advisory
30 Council on Education of Children with Disabilities on the
31 rules and regulations to be promulgated by it relative to
32 providing special education services.
33 If a child has been placed in a program in which the
34 actual per pupil costs of tuition for special education and
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1 related services based on program enrollment, excluding room,
2 board and transportation costs, exceed $4,500 and such costs
3 have been approved by the Review Board, the district shall
4 pay such total costs which exceed $4,500. A district making
5 such tuition payments in excess of $4,500 pursuant to this
6 Section shall be responsible for an amount in excess of
7 $4,500 equal to the district per capita tuition charge and
8 shall be eligible for reimbursement from the State for the
9 amount of such payments actually made in excess of the
10 districts per capita tuition charge for students not
11 receiving special education services.
12 If a child has been placed in an approved individual
13 program and the tuition costs including room and board costs
14 have been approved by the Review Board, then such room and
15 board costs shall be paid by the appropriate State agency
16 subject to the provisions of Section 14-8.01 of this Act.
17 Room and board costs not provided by a State agency other
18 than the State Board of Education shall be provided by the
19 State Board of Education on a current basis. In no event,
20 however, shall the State's liability for funding of these
21 tuition costs begin until after the legal obligations of
22 third party payors have been subtracted from such costs. If
23 the money appropriated by the General Assembly for such
24 purpose for any year is insufficient, it shall be apportioned
25 on the basis of the claims approved. Each district shall
26 submit estimated claims to the regional superintendent of
27 schools for transmittal to the State Superintendent of
28 Education. Upon approval of such claims, the State
29 Superintendent of Education shall direct the State
30 Comptroller to make payments on a monthly basis. The
31 frequency for submitting estimated claims and the method of
32 determining payment shall be prescribed in rules and
33 regulations adopted by the State Board of Education. Such
34 current state reimbursement shall be reduced by an amount
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1 equal to the proceeds which the child or child's parents are
2 eligible to receive under any public or private insurance or
3 assistance program. Nothing in this Section shall be
4 construed as relieving an insurer or similar third party from
5 an otherwise valid obligation to provide or to pay for
6 services provided to a disabled child.
7 If it otherwise qualifies, a school district is eligible
8 for the transportation reimbursement under Section 14-13.01
9 and for the reimbursement of tuition payments under this
10 Section whether the non-public school or special education
11 facility, public out-of-state school or county special
12 education facility, attended by a child who resides in that
13 district and requires special educational services, is within
14 or outside of the State of Illinois. However, a district is
15 not eligible to claim transportation reimbursement under this
16 Section unless the district certifies to the State
17 Superintendent of Education that the district is unable to
18 provide special educational services required by the child
19 for the current school year.
20 Nothing in this Section authorizes the reimbursement of a
21 school district for the amount paid for tuition of a child
22 attending a non-public school or special education facility,
23 public out-of-state school or county special education
24 facility unless the school district certifies to the State
25 Superintendent of Education that the special education
26 program of that district is unable to meet the needs of that
27 child because of his disability and the State Superintendent
28 of Education finds that the school district is in substantial
29 compliance with Section 14-4.01.
30 Any educational or related services provided, pursuant to
31 this Section in a non-public school or special education
32 facility or a special education facility owned and operated
33 by a county government unit shall be at no cost to the parent
34 or guardian of the child. However, current law and practices
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1 relative to contributions by parents or guardians for costs
2 other than educational or related services are not affected
3 by this amendatory Act of 1978.
4 Reimbursement for children attending public school
5 residential facilities shall be made in accordance with the
6 provisions of this Section.
7 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
8 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
9 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
10 (105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a)
11 Sec. 14-7.02a. Children requiring extraordinary special
12 education services and facilities. A school district
13 providing for a child requiring extraordinary special
14 education services because of the nature of his disability is
15 eligible for reimbursement from the State if the cost of
16 educating that child is computed, as set forth in Section
17 14-7.01, to be in excess of one and one-half times the
18 district per capita tuition charge for the prior year. Such
19 costs beyond one per capita tuition charge shall be
20 reimbursed, up to a maximum of $2,500 $2,000.
21 A child is deemed to require extraordinary special
22 education services and facilities under the following
23 conditions:
24 1) the school district has determined that the
25 child requires extraordinary special education facilities
26 pursuant to the multidisciplinary case study and the
27 individualized education program;
28 2) the school district maintains adequate cost
29 accounting to document the per capita cost of special
30 education; and
31 3) the school district submits approval and claim
32 data annually for each eligible child.
33 Extraordinary special education services provided on a
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1 one-half day basis shall only be reimbursed at a rate of
2 one-half the amount otherwise provided herein.
3 (Source: P.A. 88-16.)
4 (105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
5 Sec. 14-12.01. Account of expenditures - Cost report -
6 Reimbursement. Each school board shall keep an accurate,
7 detailed and separate account of all monies paid out by it
8 for the maintenance of each of the types of facilities,
9 classes and schools authorized by this Article for the
10 instruction and care of pupils attending them and for the
11 cost of their transportation, and shall annually report
12 thereon indicating the cost of each such elementary or high
13 school pupil for the school year ending June 30.
14 Applications for preapproval for reimbursement for costs
15 of special education must be first submitted through the
16 office of the regional superintendent of schools to the State
17 Superintendent of Education on or before 30 days after a
18 special class or service is started. Applications shall set
19 forth a plan for special education established and maintained
20 in accordance with this Article. Such applications shall be
21 limited to the cost of construction and maintenance of
22 special education facilities designed and utilized to house
23 instructional programs, diagnostic services, other special
24 education services for children with disabilities and
25 reimbursement as provided in Section 14-13.01. Such
26 application shall not include the cost of construction or
27 maintenance of any administrative facility separated from
28 special education facilities designed and utilized to house
29 instructional programs, diagnostic services, and other
30 special education services for children with disabilities.
31 Reimbursement claims for special education shall be made as
32 follows:
33 Each district shall file its claim computed in accordance
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1 with rules prescribed by the State Board of Education with
2 the regional superintendent of schools, in triplicate, on or
3 before August 1, for approval on forms prescribed by the
4 State Superintendent of Education. Data used as a basis of
5 reimbursement claims shall be for the school year ended on
6 June 30 preceding. The regional superintendent of schools
7 shall check and upon approval provide the State
8 Superintendent of Education with the original and one copy of
9 the claims on or before August 15. The State Superintendent
10 of Education before approving any such claims shall determine
11 their accuracy and whether they are based upon services and
12 facilities provided under approved programs. Upon approval,
13 vouchers for the amounts due the respective districts shall
14 be prepared and submitted during each fiscal year as follows:
15 the first 3 vouchers shall be prepared by the State
16 Superintendent of Education and transmitted to the
17 Comptroller on the 30th day of September, December and March,
18 respectively, and the final voucher, no later than June 20.
19 If, after preparation and transmittal of the September 30
20 vouchers, any claim has been redetermined by the State
21 Superintendent of Education, subsequent vouchers shall be
22 adjusted in amount to compensate for any overpayment or
23 underpayment previously made. If the money appropriated by
24 the General Assembly for such purpose for any year is
25 insufficient, it shall be apportioned on the basis of the
26 claims approved.
27 Claims received at the State Board of Education after
28 August 15 shall not be honored. Claims received by August 15
29 may be amended until November 30.
30 All reimbursement shall be paid at 100%. Recognizing the
31 needs of students with disabilities and the financial burden
32 upon the school districts in educating those students, the
33 General Assembly shall annually appropriate adequate funding
34 to reimburse at 100% of the cost of providing special
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1 education. If there are any excess funds remaining from the
2 appropriation reimbursing all filed claims, the General
3 Assembly shall reappropriate those excess funds for other
4 educational purposes in that same fiscal year. Beginning
5 with the fiscal year 1998, if the amount appropriated for any
6 year is less than the amount required for purposes of this
7 Section and Sections 14-7.02 and 18-4.3, the amount required
8 to eliminate any insufficient reimbursement for each district
9 claim under those Sections shall be reimbursed on September
10 30 of the next fiscal year. Payments required to eliminate
11 any insufficiency for prior fiscal year claims shall be made
12 before any claims are paid for the current fiscal year.
13 (Source: P.A. 88-641, eff. 9-9-94; 89-397, eff. 8-20-95.)
14 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
15 Sec. 14-13.01. Reimbursement payable by State; Amounts.
16 Reimbursement for furnishing special educational facilities
17 in a recognized school to the type of children defined in
18 Section 14-1.02 shall be paid to the school districts in
19 accordance with Section 14-12.01 for each school year ending
20 June 30 by the State Comptroller out of any money in the
21 treasury appropriated for such purposes on the presentation
22 of vouchers by the State Board of Education.
23 The reimbursement shall be limited to funds expended for
24 construction and maintenance of special education facilities
25 designed and utilized to house instructional programs,
26 diagnostic services, other special education services for
27 children with disabilities and reimbursement as provided in
28 Section 14-13.01. There shall be no reimbursement for
29 construction and maintenance of any administrative facility
30 separated from special education facilities designed and
31 utilized to house instructional programs, diagnostic services
32 and other special education services for children with
33 disabilities.
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1 (a) For children who have not been identified as
2 eligible for special education and for eligible children with
3 physical disabilities, including all eligible children whose
4 placement has been determined under Section 14-8.02 in
5 hospital or home instruction, 1/2 of the teacher's salary but
6 not more than $1,000 annually per child or 22% of the State's
7 average teacher salary for the prior school year $8,000 per
8 teacher for the 1997-1998 1985-1986 school year and
9 thereafter, whichever is less. Children to be included in
10 any reimbursement under this paragraph must regularly receive
11 a minimum of one hour of instruction each school day, or in
12 lieu thereof of a minimum of 5 hours of instruction in each
13 school week in order to qualify for full reimbursement under
14 this Section. If the attending physician for such a child
15 has certified that the child should not receive as many as 5
16 hours of instruction in a school week, however, reimbursement
17 under this paragraph on account of that child shall be
18 computed proportionate to the actual hours of instruction per
19 week for that child divided by 5.
20 (b) For children described in Section 14-1.02, 4/5 of
21 the cost of transportation for each such child, whom the
22 State Superintendent of Education determined in advance
23 requires special transportation service in order to take
24 advantage of special educational facilities. Transportation
25 costs shall be determined in the same fashion as provided in
26 Section 29-5. For purposes of this subsection (b), the dates
27 for processing claims specified in Section 29-5 shall apply.
28 (c) For each professional worker, excluding those
29 included in subparagraphs (a), (d), (e), and (f) of this
30 Section, the annual sum of 22% of the State's average teacher
31 salary for the prior school year $8,000 for the 1997-1998
32 1985-1986 school year and thereafter.
33 (d) For one full time qualified director of the special
34 education program of each school district which maintains a
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1 fully approved program of special education the annual sum of
2 22% of the State's average teacher salary for the prior
3 school year $8,000 for the 1997-1998 1985-1986 school year
4 and thereafter. Districts participating in a joint agreement
5 special education program shall not receive such
6 reimbursement if reimbursement is made for a director of the
7 joint agreement program.
8 (e) For each school psychologist as defined in Section
9 14-1.09 the annual sum of 22% of the State's average teacher
10 salary for the prior school year $8,000 for the 1997-1998
11 1985-1986 school year and thereafter.
12 (f) For each qualified teacher working in a fully
13 approved program for children of preschool age who are deaf
14 or hard-of-hearing the annual sum of 22% of the State's
15 average teacher salary for the prior school year $8,000 for
16 the 1997-1998 1985-1986 school year and thereafter.
17 (g) For readers, working with blind or partially seeing
18 children 1/2 of their salary but not more than $400 annually
19 per child. Readers may be employed to assist such children
20 and shall not be required to be certified but prior to
21 employment shall meet standards set up by the State Board of
22 Education.
23 (h) For necessary non-certified employees working in any
24 class or program for children defined in this Article, 1/2 of
25 the salary paid or $2,800 annually per employee, whichever is
26 less.
27 The State Board of Education shall set standards and
28 prescribe rules for determining the allocation of
29 reimbursement under this section on less than a full time
30 basis and for less than a school year.
31 When any school district eligible for reimbursement under
32 this Section operates a school or program approved by the
33 State Superintendent of Education for a number of days in
34 excess of the adopted school calendar but not to exceed 235
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1 school days, such reimbursement shall be increased by 1/185
2 of the amount or rate paid hereunder for each day such school
3 is operated in excess of 185 days per calendar year.
4 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
5 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
6 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
7 Sec. 18-4.3. Summer school grants. Grants shall be
8 determined for pupil attendance in summer schools conducted
9 under Sections 10-22.33A and 34-18 and approved under Section
10 2-3.25 in the following manner.
11 The amount of grant for each accredited summer school
12 attendance pupil shall be obtained by dividing the total
13 amount of apportionments determined under subsections (1) and
14 (2) of Section 18-8 by the actual number of pupils in average
15 daily attendance used for such apportionments. The number of
16 credited summer school attendance pupils shall be determined
17 (a) by counting clock hours of class instruction by pupils
18 enrolled in grades 1 through 12 in approved courses conducted
19 at least 60 clock hours in summer sessions; (b) by dividing
20 such total of clock hours of class instruction by 4 to
21 produce days of credited pupil attendance; (c) by dividing
22 such days of credited pupil attendance by the actual number
23 of days in the regular term as used in computation in the
24 general apportionment in Section 18-8; and (d) by multiplying
25 by 1.25.
26 The amount of the grant for a summer school program
27 approved by the State Superintendent of Education for
28 children with disabilities, as defined in Sections 14-1.02
29 through 14-1.07, shall be determined in the manner contained
30 above except that average daily membership shall be utilized
31 in lieu of average daily attendance.
32 In the case of an apportionment based on summer school
33 attendance or membership pupils, the claim therefor shall be
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1 presented as a separate claim for the particular school year
2 in which such summer school session ends. On or before
3 October 15 of each year the superintendent of each eligible
4 school district shall certify to the regional superintendent
5 the claim of the district for the summer session just ended.
6 Failure on the part of the school board to so certify shall
7 constitute a forfeiture of its right to such payment. The
8 regional superintendent shall certify to the State
9 Superintendent of Education no later than November 1 the
10 regional report of claims for summer school. The State
11 Superintendent of Education shall transmit to the Comptroller
12 no later than December 15th of each year vouchers for payment
13 of amounts due school districts for summer school. The State
14 Superintendent of Education shall direct the Comptroller to
15 draw his warrants for payments thereof by the 30th day of
16 December. If the money appropriated by the General Assembly
17 for such purpose for any year is insufficient, it shall be
18 apportioned on the basis of claims approved.
19 However, notwithstanding the foregoing provisions, for
20 each fiscal year the money appropriated by the General
21 Assembly for the purposes of this Section shall only be used
22 for grants for approved summer school programs for those
23 children with disabilities served pursuant to Sections
24 14-7.02 and 14-7.02a of the School Code.
25 (Source: P.A. 88-9; 88-641, eff. 9-9-94; 89-397, eff.
26 8-20-95.)
27 Section 95. No acceleration or delay. Where this Act
28 makes changes in a statute that is represented in this Act by
29 text that is not yet or no longer in effect (for example, a
30 Section represented by multiple versions), the use of that
31 text does not accelerate or delay the taking effect of (i)
32 the changes made by this Act or (ii) provisions derived from
33 any other Public Act.
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1 Section 99. Effective date. This Act takes effect July
2 1, 1997.".