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| [ House Amendment 002 ] |
90_HB3484ham001
LRB9010084THpkam
1 AMENDMENT TO HOUSE BILL 3484
2 AMENDMENT NO. . Amend House Bill 3484 on page 1,
3 line 1, by replacing "Section 18-3" with "Sections 14-7.03
4 and 18-3 and repealing Section 14-7.03a"; and
5 in line 5, by replacing "Section 18-3" with "Sections 14-7.03
6 and 18-3"; and
7 by inserting below line 5 the following:
8 "(105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
9 Sec. 14-7.03. Special Education Classes for Children from
10 Orphanages, Foster Family Homes, Children's Homes, or in
11 State Housing Units. If a school district maintains special
12 education classes on the site of orphanages and children's
13 homes, or if children from the orphanages, children's homes,
14 foster family homes, other State agencies, or State
15 residential units for children attend classes for children
16 with disabilities in which the school district is a
17 participating member of a joint agreement, or if the children
18 from the orphanages, children's homes, foster family homes,
19 other State agencies, or State residential units attend
20 classes for the children with disabilities maintained by the
21 school district, then reimbursement shall be paid to eligible
22 districts in accordance with the provisions of this Section
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1 by the Comptroller as directed by the State Superintendent of
2 Education.
3 The amount of tuition for such children shall be
4 determined by the actual cost of maintaining such classes,
5 using the per capita cost formula set forth in Section
6 14-7.01, such program and cost to be pre-approved by the
7 State Superintendent of Education.
8 On forms prepared by the State Superintendent of
9 Education, the district shall certify to the regional
10 superintendent the following:
11 (1) The name of the home or State residential unit
12 with the name of the owner or proprietor and address of
13 those maintaining it;
14 (2) That no service charges or other payments
15 authorized by law were collected in lieu of taxes
16 therefrom or on account thereof during either of the
17 calendar years included in the school year for which
18 claim is being made;
19 (3) The number of children qualifying under this
20 Act in special education classes for instruction on the
21 site of the orphanages and children's homes;
22 (4) The number of children attending special
23 education classes for children with disabilities in which
24 the district is a participating member of a special
25 education joint agreement;
26 (5) The number of children attending special
27 education classes for children with disabilities
28 maintained by the district;
29 (6) The computed amount of tuition payment claimed
30 as due, as approved by the State Superintendent of
31 Education, for maintaining these classes.
32 If a school district makes a claim for reimbursement
33 under Section 18-3 or 18-4 of this Act it shall not include
34 in any claim filed under this Section a claim for such
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1 children. Payments authorized by law, including State or
2 federal grants for education of children included in this
3 Section, shall be deducted in determining the tuition amount.
4 Nothing in this Act shall be construed so as to prohibit
5 reimbursement for the tuition of children placed in for
6 profit facilities. Private facilities shall provide adequate
7 space at the facility for special education classes provided
8 by a school district or joint agreement for children with
9 disabilities who are residents of the facility at no cost to
10 the school district or joint agreement upon request of the
11 school district or joint agreement. If such a private
12 facility provides space at no cost to the district or joint
13 agreement for special education classes provided to children
14 with disabilities who are residents of the facility, the
15 district or joint agreement shall not include any costs for
16 the use of those facilities in its claim for reimbursement.
17 Reimbursement for tuition may include the cost of
18 providing summer school programs for children with severe and
19 profound disabilities served under this Section. Claims for
20 that reimbursement shall be filed by November 1 and shall be
21 paid on or before December 15 from appropriations made for
22 the purposes of this Section.
23 The State Board of Education shall establish such rules
24 and regulations as may be necessary to implement the
25 provisions of this Section.
26 Claims filed on behalf of programs operated under this
27 Section housed in a jail or detention center shall be on an
28 individual student basis only for eligible students with
29 disabilities. These claims shall be in accordance with
30 applicable rules.
31 Each district claiming reimbursement for a program
32 operated as a group program shall have an approved budget on
33 file with the State Board of Education prior to the
34 initiation of the program's operation. On September 30,
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1 December 31, and March 31, the State Board of Education shall
2 voucher payments to group programs based upon the approved
3 budget during the year of operation. Final claims for group
4 payments shall be filed on or before July 15. Final claims
5 for group programs received at the State Board of Education
6 on or before June 15 shall be vouchered by June 30. Final
7 claims received at the State Board of Education between June
8 16 and July 15 shall be vouchered by August 30. Claims for
9 group programs received after July 15 shall not be honored.
10 Each district claiming reimbursement for individual
11 students shall have the eligibility of those students
12 verified by the State Board of Education. On September 30,
13 December 31, and March 31, the State Board of Education shall
14 voucher payments for individual students based upon an
15 estimated cost calculated from the prior year's claim. Final
16 claims for individual students for the regular school term
17 must be received at the State Board of Education by July 15.
18 Claims for individual students received after July 15 shall
19 not be honored. Final claims for individual students shall be
20 vouchered by August 30.
21 Reimbursement shall be made based upon approved group
22 programs or individual students. The State Superintendent of
23 Education shall direct the Comptroller to pay a specified
24 amount to the district by the 30th day of September,
25 December, March, June, or August, respectively. However,
26 notwithstanding any other provisions of this Section or the
27 School Code, beginning with Fiscal Year 1994 and each fiscal
28 year thereafter, if the amount appropriated for any fiscal
29 year is less than the amount required for purposes of this
30 Section, the amount required to eliminate any insufficient
31 reimbursement for each district claim under this Section
32 shall be reimbursed on August 30 of the next fiscal year.
33 Payments required to eliminate any insufficiency for prior
34 fiscal year claims shall be made before any claims are paid
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1 for the current fiscal year.
2 The claim of a school district otherwise eligible to be
3 reimbursed in accordance with Section 14-12.01 for the
4 1976-77 school year but for this amendatory Act of 1977 shall
5 not be paid unless the district ceases to maintain such
6 classes for one entire school year.
7 If a school district's current reimbursement payment for
8 the 1977-78 school year only is less than the prior year's
9 reimbursement payment owed, the district shall be paid the
10 amount of the difference between the payments in addition to
11 the current reimbursement payment, and the amount so paid
12 shall be subtracted from the amount of prior year's
13 reimbursement payment owed to the district.
14 Regional superintendents may operate special education
15 classes for children from orphanages, foster family homes,
16 children's homes or State housing units located within the
17 educational services region upon consent of the school board
18 otherwise so obligated. In electing to assume the powers and
19 duties of a school district in providing and maintaining such
20 a special education program, the regional superintendent may
21 enter into joint agreements with other districts and may
22 contract with public or private schools or the orphanage,
23 foster family home, children's home or State housing unit for
24 provision of the special education program. The regional
25 superintendent exercising the powers granted under this
26 Section shall claim the reimbursement authorized by this
27 Section directly from the State Board of Education.
28 Any child who is not a resident of Illinois who is placed
29 in a child welfare institution, private facility, foster
30 family home, State operated program, orphanage or children's
31 home shall have the payment for his educational tuition and
32 any related services assured by the placing agent.
33 Commencing July 1, 1992, for each disabled student who is
34 placed residentially by a State agency or the courts for care
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1 or custody or both care and custody, welfare, medical or
2 mental health treatment or both medical and mental health
3 treatment, rehabilitation, and protection, whether placed
4 there on, before, or after July 1, 1992, the costs for
5 educating the student are eligible for reimbursement under
6 this Section providing the placing agency or court has
7 notified the appropriate school district authorities of the
8 status of student residency where applicable prior to or upon
9 placement.
10 The district of residence of the parent, guardian, or
11 disabled student as defined in Sections 14-1.11 and 14-1.11a
12 is responsible for the actual costs of the student's special
13 education program and is eligible for reimbursement under
14 this Section when placement is made by a State agency or the
15 courts. Payments shall be made by the resident district to
16 the district wherein the facility is located no less than
17 once per quarter unless otherwise agreed to in writing by the
18 parties.
19 When a dispute arises over the determination of the
20 district of residence, the district or districts may appeal
21 the decision in writing to the State Superintendent of
22 Education. The decision of the State Superintendent of
23 Education shall be final.
24 In the event a district does not make a tuition payment
25 to another district that is providing the special education
26 program and services, the State Board of Education shall
27 immediately withhold 125% of the then remaining annual
28 tuition cost from the State aid or categorical aid payment
29 due to the school district that is determined to be the
30 resident school district. All funds withheld by the State
31 Board of Education shall immediately be forwarded to the
32 school district where the student is being served.
33 When a child eligible for services under this Section
34 14-7.03 must be placed in a nonpublic facility, that facility
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1 shall meet the programmatic requirements of Section 14-7.02
2 and its regulations, and the educational services shall be
3 funded only in accordance with this Section 14-7.03.
4 (Source: P.A. 89-235, eff. 8-4-95; 89-397, eff. 8-20-95;
5 89-698, eff. 1-14-97; 90-463, eff. 8-17-97.)"; and
6 on page 5, by inserting below line 18 the following:
7 "(105 ILCS 5/14-7.03a rep.)
8 Section 10. The School Code is amended by repealing
9 Section 14-7.03a.".