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90_HB3484enr
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.
LRB9010084THpk
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1 AN ACT to amend the School Code by changing Sections
2 14-3.01, 14-7.03, and 18-3 and repealing Section 14-7.03a.
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 14-3.01, 14-7.03, and 18-3 as follows:
7 (105 ILCS 5/14-3.01) (from Ch. 122, par. 14-3.01)
8 Sec. 14-3.01. Advisory Council. This amendatory Act of
9 1998, in compliance with the reauthorization of IDEA in 1997,
10 makes changes in the membership and responsibilities of the
11 Advisory Council on the Education of Children with
12 Disabilities. The Council shall provide advice and policy
13 guidance to the Governor, General Assembly, and the State
14 Board of Education with respect to special education and
15 related services for children with disabilities. The State
16 Board of Education shall seek the advice of the Advisory
17 Council regarding all rules and regulations related to the
18 education of children with disabilities that are to be
19 promulgated by the State Board of Education. The State Board
20 of Education shall seek the advice of the Advisory Council on
21 modifications or additions to comprehensive plans submitted
22 under Section 14-4.01. The Council shall consider any rule
23 or regulation or plan submitted to it by the State Board of
24 Education within 60 days after its receipt by the chairperson
25 of the Council.
26 Additionally, the Advisory Council shall: (1) advise the
27 General Assembly, the Governor, and the State Board of
28 Education on unmet needs in the education of children with
29 disabilities; (2) assist the State Board of Education in
30 developing evaluations and reporting on data to the United
31 States Secretary of Education; (3) advise the State Board of
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1 Education relative to qualifications for hearing officers and
2 the rules and procedures for hearings conducted under Section
3 14-8.02 or 14-8.02a; (4) comment publicly on any rules or
4 regulations proposed by the State regarding the education of
5 children with disabilities and the procedures for
6 distribution of funds under this Act; (5) advise the State
7 Board of Education in developing corrective action plans to
8 address findings identified in federal monitoring reports
9 pursuant to the Individuals with Disabilities Education Act;
10 (6) advise State and local education agencies regarding
11 educational programs and materials that may be provided to
12 children with disabilities to enable them to fully exercise
13 their constitutional and legal rights and entitlements as
14 citizens, including those afforded under the Federal
15 Rehabilitation Act of 1973, as amended, and the Illinois
16 Human Rights Act; and (7) advise the State Board of Education
17 in developing and implementing policies relating to the
18 coordination of services for children with disabilities.
19 The Council shall be composed of 27 members, including 23
20 voting members appointed by the Governor and 4 ex-officio
21 voting members. Members shall be broadly representative of
22 the State's population in regard to developmental, physical,
23 and mental disabilities, race, ethnic background, gender, and
24 geographic location. Nine members shall be parents of
25 children with disabilities between the ages of 3 and 21 years
26 currently receiving special education services at public
27 expense. Five members shall be individuals with
28 disabilities, including one student or former student who is
29 at least 18 years of age and no older than 21 years of age at
30 the time of his or her appointment to the Council and who is
31 receiving special education services at public expense or
32 received those services at the time his or her high school
33 program terminated. Within 30 days after the effective date
34 of this amendatory Act of 1998, the Governor or his designee
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1 shall invite statewide organizations, being as inclusive as
2 possible and based upon a reasonable inquiry, and Parent
3 Training and Information Centers representing parents of
4 children with disabilities, individuals with disabilities or
5 both, to convene for the purpose of recommending to the
6 Governor twice the number of individuals required to be
7 appointed as members from each of the categories described in
8 this paragraph, from which the Governor may appoint the 14
9 members of the Council who are parents of children with
10 disabilities and individuals with disabilities. The 9
11 members who are parents of children with disabilities between
12 the ages of 3 and 21 years receiving special education
13 services at public expense and the 5 members who are
14 individuals with disabilities shall not be current full or
15 part-time employees of school districts, special education
16 cooperatives, regional service areas or centers, or any
17 agency under the jurisdiction of any elected State official.
18 In addition, the Governor shall appoint one regional
19 superintendent of schools, one representative of an
20 institution of higher education that prepares special
21 education and related services personnel, one teacher of
22 students with disabilities, one superintendent of a public
23 school district, one director of a special education
24 cooperative or special education administrator from a school
25 district of less than 500,000 population, one representative
26 of a public charter school, one representative of a private
27 school serving children with disabilities, one representative
28 of a vocational, community, or business organization that
29 provides transition services to children with disabilities,
30 and one at-large member from the general public. In
31 addition, the Secretary of Human Services or his or her
32 designee, the Director of Children and Family Services or his
33 or her designee, the Director of Corrections or his or her
34 designee, and the Director of Special Education for the City
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1 of Chicago School District #299 or his or her designee shall
2 serve as ex-officio voting members of the Council.
3 All Council members shall be legal residents of the State
4 of Illinois and shall be selected, as far as practicable, on
5 the basis of their knowledge of, or experience in, the
6 education of children with disabilities.
7 The initial members to be appointed to the Council by the
8 Governor under the provisions of this amendatory Act of 1998
9 shall be appointed within 60 days after the effective date of
10 that amendatory Act; provided that those persons who are
11 serving as Council members on that effective date and who, as
12 determined by the Governor after consultation with the State
13 Board of Education, meet the requirements established by this
14 amendatory Act for appointment to membership on the Council
15 shall continue to serve as Council members until the
16 completion of the remainder of their current terms. The
17 initial members of the Council who are not Council members on
18 the effective date of this amendatory Act of 1998 and who are
19 appointed by the Governor under this amendatory Act of 1998
20 shall by lot determine one-third of their number to serve for
21 a term of 2 years (provided that person appointed as the
22 student or former student member shall be included among
23 those members who are to serve a term of 2 years), one-third
24 of their number to serve for a term of 3 years, and one-third
25 of their number to serve for a term of 4 years; provided,
26 that if the total number of initial members so appointed by
27 the Governor is not divisible into 3 whole numbers, all of
28 the initial members so appointed shall by lot be assigned to
29 3 groups as follows: (i) the members assigned to the first
30 group, who shall include the student or former student member
31 and who shall be equal in number to the number of members who
32 are assigned to the second group, shall serve for a term of 2
33 years; (ii) the members assigned to the second group, who
34 shall be equal in number to the number of members who are
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1 assigned to the first group, shall serve for a term of 3
2 years; and (iii) the members assigned to the third group, who
3 shall comprise the remainder of the initial members so
4 appointed by the Governor and whose number shall be either
5 one more or one less than the number of members assigned to
6 either the first group or second group, shall serve for a
7 term of 4 years. Upon expiration of the term of office of a
8 member of the Council who is not an ex-officio member, his or
9 her successor shall be appointed by the Governor to serve for
10 a term of 4 years, except that a successor appointed as the
11 student or former student member shall be appointed to serve
12 for a term of 2 years. Each member of the Council who is not
13 an ex-officio member and whose term of office expires shall
14 nevertheless continue to serve as a Council member until his
15 or her successor is appointed. Each of the 4 ex-officio
16 members of the Council shall continue to serve as a Council
17 member during the period in which he or she continues to hold
18 the office by reason of which he or she became an ex-officio
19 member of the Council. The initial members of the Council
20 who are not ex-officio members shall not, upon completion of
21 their respective initial terms, be appointed to serve more
22 than one additional consecutive term of 4 years, nor shall
23 any successor member of the Council be appointed to serve
24 more than 2 full consecutive 4-year terms; provided, that a
25 person appointed as the student or former student member
26 shall serve only one two-year term and shall not be
27 reappointed to serve for an additional term. Vacancies in
28 Council memberships held by parents of children with
29 disabilities or individuals with disabilities may be filled
30 from the original list of such parents and individuals
31 recommended to the Governor. The Governor shall reconvene
32 the group of organizations that provided the original list of
33 parents of children with disabilities and individuals with
34 disabilities when additional recommendations for those
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1 Council memberships are needed, but at a minimum the group
2 shall be convened every 2 years for the purpose of updating
3 the list of recommended parents or individuals. A vacancy in
4 an appointed membership on the Council shall be filled for
5 the unexpired balance of the term of that membership in the
6 same manner that the original appointment for that membership
7 was made.
8 The terms of all persons serving as Advisory Council
9 members on the effective date of this amendatory Act of 1998
10 who are not determined by the Governor, after consultation
11 with the State Board of Education, to meet the requirements
12 established by this amendatory Act for appointment to initial
13 membership on the Council shall terminate on the date that
14 the Governor completes his appointments of the initial
15 members of the Council under this amendatory Act, and the
16 members of the Council as constituted under this amendatory
17 Act shall take office and assume their powers and duties on
18 that date.
19 The Council as constituted under this amendatory Act of
20 1998 shall organize with a chairperson selected by the
21 Council members and shall meet at the call of the chairperson
22 upon 10 days written notice but not less than 4 times a year.
23 The Council shall establish such committees and procedures as
24 it deems appropriate to carry out its responsibilities under
25 this Act and the federal Individuals with Disabilities
26 Education Act.
27 The State Board of Education shall designate an employee
28 to act as executive secretary of the Council and shall
29 furnish all professional and clerical assistance necessary
30 for the performance of its duties.
31 Members of the Council shall serve without compensation
32 but shall be reimbursed for the necessary expenses incurred
33 in the performance of their duties in accordance with the
34 State Board of Education's Travel Control Policy. There is
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1 hereby created a special education Advisory Council on
2 Education of Children with Disabilities to consist of 15
3 members appointed by the Governor, who shall hold office for
4 4 years. No person shall be appointed to serve more than 2
5 consecutive terms on the Advisory Council. The terms of
6 members serving at the time of this amendatory Act of 1978
7 are not affected by this amendatory Act. The membership
8 shall include an adult with disabilities, 2 parents of
9 children with disabilities, a consumer representative, a
10 representative of a private provider, a teacher of the
11 disabled, a regional superintendent of an educational service
12 region, a superintendent of a school district, a director of
13 special education from a district of less than 500,000
14 population, a professional affiliated with an institution of
15 higher education, and a member of the general public and the
16 Director of Special Education for the Chicago Board of
17 Education, as an ex-officio voting member. Of the members
18 appointed after the effective date of this amendatory Act of
19 1978, the Governor shall appoint one member to an initial
20 term of 2 years, one member to an initial term of 3 years and
21 one member to an initial term of 4 years. Vacancies shall be
22 filled in like manner for the unexpired balance of the term.
23 The changes made to this paragraph by this amendatory Act of
24 1995 (i) are made for purposes of changing the name of the
25 Advisory Council and the manner of referring to a portion of
26 its membership, and (ii) are not intended to create a new
27 Advisory Council or to change its existing membership or
28 otherwise disqualify any current member of the Advisory
29 Council from continued membership thereon in accordance with
30 the terms of his or her appointment.
31 Because of the responsibility of the Department of
32 Children and Family Services and the Department of Human
33 Services for special education programs, the Director of the
34 Department of Children and Family Services and the Secretary
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1 of Human Services or their designees shall be ex-officio
2 voting members of the Council. In addition, 2 other persons
3 representing the Department of Human Services shall serve on
4 the Council, one as a voting member and one as a non-voting
5 member.
6 The members appointed shall be citizens of the United
7 States and of this State and shall be selected, as far as
8 practicable, on the basis of their knowledge of, or
9 experience in, problems of the education of children with
10 disabilities.
11 The State Board of Education shall seek the advice of the
12 Advisory Council regarding all rules or regulations related
13 to the education of children with disabilities to be
14 promulgated by it. The State Board shall seek the advice of
15 the Advisory Council on modifications or additions to
16 comprehensive plans submitted under Section 14-4.01.
17 Additionally, the Advisory Council shall; (a) advise the
18 General Assembly, the Governor and the State Board on the
19 unmet needs in the education of children with disabilities,
20 (b) assist the State Board in developing and reporting data
21 and evaluations which may assist the United States
22 Commissioner of Education in the performance of his
23 responsibilities under the Education of the Handicapped Act,
24 (c) advise the State Board relative to qualifications for
25 hearing officers and the rules and procedures for hearings
26 conducted under Section 14-8.02 of this Act, (d) comment
27 publicly on any rules or regulations proposed by the State
28 regarding the education of children with disabilities and the
29 procedures for distribution of funds under this Act, and (e)
30 advise State and local educational agencies regarding
31 educational programs and materials that may be provided to
32 children with disabilities to enable them to fully exercise
33 their Constitutional and legal rights and entitlements as
34 citizens, including those afforded under the Federal
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1 Rehabilitation Act of 1973, as amended, and the Illinois
2 Human Rights Act.
3 The Council shall organize with a chairman selected by
4 the Council members and shall meet at the call of the
5 chairman upon 10 days written notice but not less than 4
6 times a year. The Council shall establish such sub-committees
7 as it deems appropriate to review special education issues
8 including, but not limited to certification, finance and
9 bilingual education. The Council shall consider any rule or
10 regulation or plan submitted to it by the State Board of
11 Education within 60 days after its receipt by the chairman.
12 Members of the Council shall serve without compensation but
13 shall be entitled to reasonable amounts for expenses
14 necessarily incurred in the performance of their duties.
15 The State Board of Education shall designate an employee
16 to act as executive secretary of the Council and shall
17 furnish all professional and clerical assistance necessary
18 for the performance of its powers and duties.
19 (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
20 (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
21 Sec. 14-7.03. Special Education Classes for Children from
22 Orphanages, Foster Family Homes, Children's Homes, or in
23 State Housing Units. If a school district maintains special
24 education classes on the site of orphanages and children's
25 homes, or if children from the orphanages, children's homes,
26 foster family homes, other State agencies, or State
27 residential units for children attend classes for children
28 with disabilities in which the school district is a
29 participating member of a joint agreement, or if the children
30 from the orphanages, children's homes, foster family homes,
31 other State agencies, or State residential units attend
32 classes for the children with disabilities maintained by the
33 school district, then reimbursement shall be paid to eligible
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1 districts in accordance with the provisions of this Section
2 by the Comptroller as directed by the State Superintendent of
3 Education.
4 The amount of tuition for such children shall be
5 determined by the actual cost of maintaining such classes,
6 using the per capita cost formula set forth in Section
7 14-7.01, such program and cost to be pre-approved by the
8 State Superintendent of Education.
9 On forms prepared by the State Superintendent of
10 Education, the district shall certify to the regional
11 superintendent the following:
12 (1) The name of the home or State residential unit
13 with the name of the owner or proprietor and address of
14 those maintaining it;
15 (2) That no service charges or other payments
16 authorized by law were collected in lieu of taxes
17 therefrom or on account thereof during either of the
18 calendar years included in the school year for which
19 claim is being made;
20 (3) The number of children qualifying under this
21 Act in special education classes for instruction on the
22 site of the orphanages and children's homes;
23 (4) The number of children attending special
24 education classes for children with disabilities in which
25 the district is a participating member of a special
26 education joint agreement;
27 (5) The number of children attending special
28 education classes for children with disabilities
29 maintained by the district;
30 (6) The computed amount of tuition payment claimed
31 as due, as approved by the State Superintendent of
32 Education, for maintaining these classes.
33 If a school district makes a claim for reimbursement
34 under Section 18-3 or 18-4 of this Act it shall not include
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1 in any claim filed under this Section a claim for such
2 children. Payments authorized by law, including State or
3 federal grants for education of children included in this
4 Section, shall be deducted in determining the tuition amount.
5 Nothing in this Act shall be construed so as to prohibit
6 reimbursement for the tuition of children placed in for
7 profit facilities. Private facilities shall provide adequate
8 space at the facility for special education classes provided
9 by a school district or joint agreement for children with
10 disabilities who are residents of the facility at no cost to
11 the school district or joint agreement upon request of the
12 school district or joint agreement. If such a private
13 facility provides space at no cost to the district or joint
14 agreement for special education classes provided to children
15 with disabilities who are residents of the facility, the
16 district or joint agreement shall not include any costs for
17 the use of those facilities in its claim for reimbursement.
18 Reimbursement for tuition may include the cost of
19 providing summer school programs for children with severe and
20 profound disabilities served under this Section. Claims for
21 that reimbursement shall be filed by November 1 and shall be
22 paid on or before December 15 from appropriations made for
23 the purposes of this Section.
24 The State Board of Education shall establish such rules
25 and regulations as may be necessary to implement the
26 provisions of this Section.
27 Claims filed on behalf of programs operated under this
28 Section housed in a jail or detention center shall be on an
29 individual student basis only for eligible students with
30 disabilities. These claims shall be in accordance with
31 applicable rules.
32 Each district claiming reimbursement for a program
33 operated as a group program shall have an approved budget on
34 file with the State Board of Education prior to the
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1 initiation of the program's operation. On September 30,
2 December 31, and March 31, the State Board of Education shall
3 voucher payments to group programs based upon the approved
4 budget during the year of operation. Final claims for group
5 payments shall be filed on or before July 15. Final claims
6 for group programs received at the State Board of Education
7 on or before June 15 shall be vouchered by June 30. Final
8 claims received at the State Board of Education between June
9 16 and July 15 shall be vouchered by August 30. Claims for
10 group programs received after July 15 shall not be honored.
11 Each district claiming reimbursement for individual
12 students shall have the eligibility of those students
13 verified by the State Board of Education. On September 30,
14 December 31, and March 31, the State Board of Education shall
15 voucher payments for individual students based upon an
16 estimated cost calculated from the prior year's claim. Final
17 claims for individual students for the regular school term
18 must be received at the State Board of Education by July 15.
19 Claims for individual students received after July 15 shall
20 not be honored. Final claims for individual students shall be
21 vouchered by August 30.
22 Reimbursement shall be made based upon approved group
23 programs or individual students. The State Superintendent of
24 Education shall direct the Comptroller to pay a specified
25 amount to the district by the 30th day of September,
26 December, March, June, or August, respectively. However,
27 notwithstanding any other provisions of this Section or the
28 School Code, beginning with Fiscal Year 1994 and each fiscal
29 year thereafter, if the amount appropriated for any fiscal
30 year is less than the amount required for purposes of this
31 Section, the amount required to eliminate any insufficient
32 reimbursement for each district claim under this Section
33 shall be reimbursed on August 30 of the next fiscal year.
34 Payments required to eliminate any insufficiency for prior
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1 fiscal year claims shall be made before any claims are paid
2 for the current fiscal year.
3 The claim of a school district otherwise eligible to be
4 reimbursed in accordance with Section 14-12.01 for the
5 1976-77 school year but for this amendatory Act of 1977 shall
6 not be paid unless the district ceases to maintain such
7 classes for one entire school year.
8 If a school district's current reimbursement payment for
9 the 1977-78 school year only is less than the prior year's
10 reimbursement payment owed, the district shall be paid the
11 amount of the difference between the payments in addition to
12 the current reimbursement payment, and the amount so paid
13 shall be subtracted from the amount of prior year's
14 reimbursement payment owed to the district.
15 Regional superintendents may operate special education
16 classes for children from orphanages, foster family homes,
17 children's homes or State housing units located within the
18 educational services region upon consent of the school board
19 otherwise so obligated. In electing to assume the powers and
20 duties of a school district in providing and maintaining such
21 a special education program, the regional superintendent may
22 enter into joint agreements with other districts and may
23 contract with public or private schools or the orphanage,
24 foster family home, children's home or State housing unit for
25 provision of the special education program. The regional
26 superintendent exercising the powers granted under this
27 Section shall claim the reimbursement authorized by this
28 Section directly from the State Board of Education.
29 Any child who is not a resident of Illinois who is placed
30 in a child welfare institution, private facility, foster
31 family home, State operated program, orphanage or children's
32 home shall have the payment for his educational tuition and
33 any related services assured by the placing agent.
34 Commencing July 1, 1992, for each disabled student who is
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1 placed residentially by a State agency or the courts for care
2 or custody or both care and custody, welfare, medical or
3 mental health treatment or both medical and mental health
4 treatment, rehabilitation, and protection, whether placed
5 there on, before, or after July 1, 1992, the costs for
6 educating the student are eligible for reimbursement under
7 this Section providing the placing agency or court has
8 notified the appropriate school district authorities of the
9 status of student residency where applicable prior to or upon
10 placement.
11 The district of residence of the parent, guardian, or
12 disabled student as defined in Sections 14-1.11 and 14-1.11a
13 is responsible for the actual costs of the student's special
14 education program and is eligible for reimbursement under
15 this Section when placement is made by a State agency or the
16 courts. Payments shall be made by the resident district to
17 the district wherein the facility is located no less than
18 once per quarter unless otherwise agreed to in writing by the
19 parties.
20 When a dispute arises over the determination of the
21 district of residence, the district or districts may appeal
22 the decision in writing to the State Superintendent of
23 Education. The decision of the State Superintendent of
24 Education shall be final.
25 In the event a district does not make a tuition payment
26 to another district that is providing the special education
27 program and services, the State Board of Education shall
28 immediately withhold 125% of the then remaining annual
29 tuition cost from the State aid or categorical aid payment
30 due to the school district that is determined to be the
31 resident school district. All funds withheld by the State
32 Board of Education shall immediately be forwarded to the
33 school district where the student is being served.
34 When a child eligible for services under this Section
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1 14-7.03 must be placed in a nonpublic facility, that facility
2 shall meet the programmatic requirements of Section 14-7.02
3 and its regulations, and the educational services shall be
4 funded only in accordance with this Section 14-7.03.
5 (Source: P.A. 89-235, eff. 8-4-95; 89-397, eff. 8-20-95;
6 89-698, eff. 1-14-97; 90-463, eff. 8-17-97.)
7 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
8 Sec. 18-3. Tuition of children from orphanages and
9 children's homes.
10 When the children from any home for orphans, dependent,
11 abandoned or maladjusted children maintained by any
12 organization or association admitting to such home children
13 from the State in general or when children residing in a
14 school district wherein the State of Illinois maintains and
15 operates any welfare or penal institution on property owned
16 by the State of Illinois, which contains houses, housing
17 units or housing accommodations within a school district,
18 attend grades kindergarten through 12 of the public schools
19 maintained by that school district, the State Superintendent
20 of Education shall direct the State Comptroller to pay a
21 specified amount sufficient to pay the annual tuition cost of
22 such children who attended such public schools during the
23 school year ending on June 30, and the Comptroller shall pay
24 the amount after receipt of a voucher submitted by the State
25 Superintendent of Education.
26 The amount of the tuition for such children attending the
27 public schools of the district shall be determined by the
28 State Superintendent of Education by multiplying the number
29 of such children in average daily attendance in such schools
30 by 1.2 times the total annual per capita cost of
31 administering the schools of the district. Such total annual
32 per capita cost shall be determined by totaling all expenses
33 of the school district in the educational, operations and
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1 maintenance, bond and interest, transportation, Illinois
2 municipal retirement, and rent funds for the school year
3 preceding the filing of such tuition claims less expenditures
4 not applicable to the regular K-12 program, less offsetting
5 revenues from State sources except those from the common
6 school fund, less offsetting revenues from federal sources
7 except those from federal impaction aid, less student and
8 community service revenues, plus a depreciation allowance;
9 and dividing such total by the average daily attendance for
10 the year.
11 Annually on or before June 30 the superintendent of the
12 district upon forms prepared by the State Superintendent of
13 Education shall certify to the regional superintendent the
14 following:
15 1. The name of the home and of the organization or
16 association maintaining it; or the legal description of the
17 real estate upon which the house, housing units, or housing
18 accommodations are located and that no taxes or service
19 charges or other payments authorized by law to be made in
20 lieu of taxes were collected therefrom or on account thereof
21 during either of the calendar years included in the school
22 year for which claim is being made;
23 2. The number of children from the home or living in
24 such houses, housing units or housing accommodations and
25 attending the schools of the district;
26 3. The total number of children attending the schools of
27 the district;
28 4. The per capita tuition charge of the district; and
29 5. The computed amount of the tuition payment claimed as
30 due.
31 Whenever the persons in charge of such home for orphans,
32 dependent, abandoned or maladjusted children have received
33 from the parent or guardian of any such child or by virtue of
34 an order of court a specific allowance for educating such
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1 child, such persons shall pay to the school board in the
2 district where the child attends school such amount of the
3 allowance as is necessary to pay the tuition required by such
4 district for the education of the child. If the allowance is
5 insufficient to pay the tuition in full the State
6 Superintendent of Education shall direct the Comptroller to
7 pay to the district the difference between the total tuition
8 charged and the amount of the allowance.
9 Whenever the facilities of a school district in which
10 such house, housing units or housing accommodations are
11 located, are limited, pupils may be assigned by that district
12 to the schools of any adjacent district to the limit of the
13 facilities of the adjacent district to properly educate such
14 pupils as shall be determined by the school board of the
15 adjacent district, and the State Superintendent of Education
16 shall direct the Comptroller to pay a specified amount
17 sufficient to pay the annual tuition of the children so
18 assigned to and attending public schools in the adjacent
19 districts and the Comptroller shall draw his warrant upon the
20 State Treasurer for the payment of such amount for the
21 benefit of the adjacent school districts in the same manner
22 as for districts in which the houses, housing units or
23 housing accommodations are located.
24 Failure on the part of the school board to certify to the
25 regional superintendent the claim of the school district for
26 tuition on account of such children on or before June 30
27 shall constitute a forfeiture by the district of its right to
28 the payment of any such tuition claim for the school year
29 just ended. The regional superintendent shall check and not
30 later than July 15 certify to the State Superintendent of
31 Education the regional report of claims due for such tuition
32 payments. The State Superintendent of Education shall direct
33 the Comptroller to pay to the district, on or before August
34 15, the amount due the district for the school year in
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1 accordance with the calculation of the claim as set forth in
2 this Section.
3 Claims for tuition for children from any home for orphans
4 or dependent, abandoned, or maladjusted children beginning
5 with the 1993-1994 school year shall be paid on a current
6 year basis. On September 30, December 31, and March 31, the
7 State Board of Education shall voucher payments for districts
8 with those students based on an estimated cost calculated
9 from the prior year's claim. Final claims for those students
10 for the regular school term must be received at the State
11 Board of Education by July 31 following the end of the school
12 year. Final claims for those students shall be vouchered by
13 August 15. During fiscal year 1994 both the 1992-1993 school
14 year and the 1993-1994 school year shall be paid in order to
15 change the cycle of payment from a reimbursement basis to a
16 current year funding basis of payment. However,
17 notwithstanding any other provisions of this Section or the
18 School Code, beginning with fiscal year 1994 and each fiscal
19 year thereafter, if the amount appropriated for any fiscal
20 year is less than the amount required for purposes of this
21 Section, the amount required to eliminate any insufficient
22 reimbursement for each district claim under this Section
23 shall be reimbursed on August 30 of the next fiscal year.
24 Payments required to eliminate any insufficiency for prior
25 fiscal year claims shall be made before any claims are paid
26 for the current fiscal year.
27 If a school district makes a claim for reimbursement
28 under Section 18-4 or 14-7.03 it shall not include in any
29 claim filed under this Section children residing on the
30 property of State institutions included in its claim under
31 Section 18-4 or 14-7.03.
32 Any child who is not a resident of Illinois who is placed
33 in a child welfare institution, private facility, State
34 operated program, orphanage or children's home shall have the
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1 payment for his educational tuition and any related services
2 assured by the placing agent.
3 In order to provide services appropriate to allow a
4 student under the legal guardianship or custodianship of the
5 State to participate in local school district educational
6 programs, costs may be incurred in appropriate cases by the
7 district that are in excess of 1.2 times the district per
8 capita tuition charge allowed under the provisions of this
9 Section. In the event such excess costs are incurred, they
10 must be documented in accordance with cost rules established
11 under the authority of this Section and may then be claimed
12 for reimbursement under this Section.
13 Planned services for students eligible for this funding
14 must be a collaborative effort between the appropriate State
15 agency or the student's group home or institution and the
16 local school district.
17 (Source: P.A. 89-235, eff. 8-4-95; 90-463, eff. 8-17-97.)
18 (105 ILCS 5/14-7.03a rep.)
19 Section 10. The School Code is amended by repealing
20 Section 14-7.03a.
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.