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90_HB3484
105 ILCS 5/18-3 from Ch. 122, par. 18-3
Amends the School Code. Changes the formula for
determining the tuition cost payment for children from
orphanages and children's homes. Provides for multiplying
the number of those children in average daily attendance by
the product of 1.2 (now 1.0) times the total annual per
capita cost of administering the district's schools. Adds
provisions authorizing reimbursement of excess costs under
certain circumstances. Effective immediately.
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1 AN ACT to amend the School Code by changing Section 18-3.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Section 18-3 as follows:
6 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
7 Sec. 18-3. Tuition of children from orphanages and
8 children's homes.
9 When the children from any home for orphans, dependent,
10 abandoned or maladjusted children maintained by any
11 organization or association admitting to such home children
12 from the State in general or when children residing in a
13 school district wherein the State of Illinois maintains and
14 operates any welfare or penal institution on property owned
15 by the State of Illinois, which contains houses, housing
16 units or housing accommodations within a school district,
17 attend grades kindergarten through 12 of the public schools
18 maintained by that school district, the State Superintendent
19 of Education shall direct the State Comptroller to pay a
20 specified amount sufficient to pay the annual tuition cost of
21 such children who attended such public schools during the
22 school year ending on June 30, and the Comptroller shall pay
23 the amount after receipt of a voucher submitted by the State
24 Superintendent of Education.
25 The amount of the tuition for such children attending the
26 public schools of the district shall be determined by the
27 State Superintendent of Education by multiplying the number
28 of such children in average daily attendance in such schools
29 by 1.2 times the total annual per capita cost of
30 administering the schools of the district. Such total annual
31 per capita cost shall be determined by totaling all expenses
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1 of the school district in the educational, operations and
2 maintenance, bond and interest, transportation, Illinois
3 municipal retirement, and rent funds for the school year
4 preceding the filing of such tuition claims less expenditures
5 not applicable to the regular K-12 program, less offsetting
6 revenues from State sources except those from the common
7 school fund, less offsetting revenues from federal sources
8 except those from federal impaction aid, less student and
9 community service revenues, plus a depreciation allowance;
10 and dividing such total by the average daily attendance for
11 the year.
12 Annually on or before June 30 the superintendent of the
13 district upon forms prepared by the State Superintendent of
14 Education shall certify to the regional superintendent the
15 following:
16 1. The name of the home and of the organization or
17 association maintaining it; or the legal description of the
18 real estate upon which the house, housing units, or housing
19 accommodations are located and that no taxes or service
20 charges or other payments authorized by law to be made in
21 lieu of taxes were collected therefrom or on account thereof
22 during either of the calendar years included in the school
23 year for which claim is being made;
24 2. The number of children from the home or living in
25 such houses, housing units or housing accommodations and
26 attending the schools of the district;
27 3. The total number of children attending the schools of
28 the district;
29 4. The per capita tuition charge of the district; and
30 5. The computed amount of the tuition payment claimed as
31 due.
32 Whenever the persons in charge of such home for orphans,
33 dependent, abandoned or maladjusted children have received
34 from the parent or guardian of any such child or by virtue of
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1 an order of court a specific allowance for educating such
2 child, such persons shall pay to the school board in the
3 district where the child attends school such amount of the
4 allowance as is necessary to pay the tuition required by such
5 district for the education of the child. If the allowance is
6 insufficient to pay the tuition in full the State
7 Superintendent of Education shall direct the Comptroller to
8 pay to the district the difference between the total tuition
9 charged and the amount of the allowance.
10 Whenever the facilities of a school district in which
11 such house, housing units or housing accommodations are
12 located, are limited, pupils may be assigned by that district
13 to the schools of any adjacent district to the limit of the
14 facilities of the adjacent district to properly educate such
15 pupils as shall be determined by the school board of the
16 adjacent district, and the State Superintendent of Education
17 shall direct the Comptroller to pay a specified amount
18 sufficient to pay the annual tuition of the children so
19 assigned to and attending public schools in the adjacent
20 districts and the Comptroller shall draw his warrant upon the
21 State Treasurer for the payment of such amount for the
22 benefit of the adjacent school districts in the same manner
23 as for districts in which the houses, housing units or
24 housing accommodations are located.
25 Failure on the part of the school board to certify to the
26 regional superintendent the claim of the school district for
27 tuition on account of such children on or before June 30
28 shall constitute a forfeiture by the district of its right to
29 the payment of any such tuition claim for the school year
30 just ended. The regional superintendent shall check and not
31 later than July 15 certify to the State Superintendent of
32 Education the regional report of claims due for such tuition
33 payments. The State Superintendent of Education shall direct
34 the Comptroller to pay to the district, on or before August
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1 15, the amount due the district for the school year in
2 accordance with the calculation of the claim as set forth in
3 this Section.
4 Claims for tuition for children from any home for orphans
5 or dependent, abandoned, or maladjusted children beginning
6 with the 1993-1994 school year shall be paid on a current
7 year basis. On September 30, December 31, and March 31, the
8 State Board of Education shall voucher payments for districts
9 with those students based on an estimated cost calculated
10 from the prior year's claim. Final claims for those students
11 for the regular school term must be received at the State
12 Board of Education by July 31 following the end of the school
13 year. Final claims for those students shall be vouchered by
14 August 15. During fiscal year 1994 both the 1992-1993 school
15 year and the 1993-1994 school year shall be paid in order to
16 change the cycle of payment from a reimbursement basis to a
17 current year funding basis of payment. However,
18 notwithstanding any other provisions of this Section or the
19 School Code, beginning with fiscal year 1994 and each fiscal
20 year thereafter, if the amount appropriated for any fiscal
21 year is less than the amount required for purposes of this
22 Section, the amount required to eliminate any insufficient
23 reimbursement for each district claim under this Section
24 shall be reimbursed on August 30 of the next fiscal year.
25 Payments required to eliminate any insufficiency for prior
26 fiscal year claims shall be made before any claims are paid
27 for the current fiscal year.
28 If a school district makes a claim for reimbursement
29 under Section 18-4 or 14-7.03 it shall not include in any
30 claim filed under this Section children residing on the
31 property of State institutions included in its claim under
32 Section 18-4 or 14-7.03.
33 Any child who is not a resident of Illinois who is placed
34 in a child welfare institution, private facility, State
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1 operated program, orphanage or children's home shall have the
2 payment for his educational tuition and any related services
3 assured by the placing agent.
4 In order to provide services appropriate to allow a
5 student under the legal guardianship or custodianship of the
6 State to participate in local school district educational
7 programs, costs may be incurred in appropriate cases by the
8 district that are in excess of 1.2 times the district per
9 capita tuition charge allowed under the provisions of this
10 Section. In the event such excess costs are incurred, they
11 must be documented in accordance with cost rules established
12 under the authority of this Section and may then be claimed
13 for reimbursement under this Section.
14 Planned services for students eligible for this funding
15 must be a collaborative effort between the appropriate State
16 agency or the student's group home or institution and the
17 local school district.
18 (Source: P.A. 89-235, eff. 8-4-95; 90-463, eff. 8-17-97.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.