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90_SB1072enr 105 ILCS 5/14-8.01 from Ch. 122, par. 14-8.01 Amends the School Code. Beginning with fiscal year 1998, limits the amount of total IDEA Part B discretionary funds available to the State Board of Education and the manner in which those federal moneys may be used. Effective immediately. LRB9002649THpk SB1072 Enrolled LRB9002649THpk 1 AN ACT to amend the School Code by changing Section 2 14-8.01. 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 Section 14-8.01 as follows: 7 (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01) 8 Sec. 14-8.01. Supervision of special education buildings 9 and facilities. All special educational facilities, building 10 programs, housing, and all educational programs for the types 11 of disabled children defined in Section 14-1.02 shall be 12 under the supervision of and subject to the approval of the 13 State Board of Education. 14 All special education facilities, building programs, and 15 housing shall comply with the building code authorized by 16 Section 2-3.12. 17 All educational programs for children with disabilities 18 as defined in Section 14-1.02 administered by any State 19 agency shall be under the general supervision of the State 20 Board of Education. Such supervision shall be limited to 21 insuring that such educational programs meet standards 22 jointly developed and agreed to by both the State Board of 23 Education and the operating State agency, including standards 24 for educational personnel. 25 Any State agency providing special educational programs 26 for children with disabilities as defined in Section 14-1.02 27 shall promulgate rules and regulations, in consultation with 28 the State Board of Education and pursuant to the Illinois 29 Administrative Procedure Act as now or hereafter amended, to 30 insure that all such programs comply with this Section and 31 Section 14-8.02. SB1072 Enrolled -2- LRB9002649THpk 1 No otherwise qualified disabled child receiving special 2 education and related services under Article 14 shall solely 3 by reason of his or her disability be excluded from the 4 participation in or be denied the benefits of or be subjected 5 to discrimination under any program or activity provided by a 6 State agency. 7 State agencies providing special education and related 8 services, including room and board, either directly or 9 through grants or purchases of services shall continue to 10 provide these services according to current law and practice. 11 Room and board costs not provided by a State agency other 12 than the State Board of Education shall be provided by the 13 State Board of Education to the extent of available funds. 14 An amount equal to one-half of the State education agency's 15 share of IDEA PART B federal monies, or so much thereof as 16 may actually be needed, shall annually be appropriated to pay 17 for the additional costs of providing for room and board for 18 those children placed pursuant to Section 14-7.02 of this Act 19 and, after all such room and board costs are paid, for 20 similar expenditures for children served pursuant to Section 21 14-7.02 or 14-7.02a of this Act, based in community based 22 programs that serve as alternatives to residential 23 placements. 24 Beginning with Fiscal Year 1997 and continuing through 25 Fiscal Year 2000, 100% of the former Chapter I, Section 26 89-313 federal funds shall be allocated by the State Board of 27 Education in the same manner as IDEA, PART B "flow through" 28 funding to local school districts, joint agreements, and 29 special education cooperatives for the maintenance of 30 instructional and related support services to students with 31 disabilities. However, beginning with Fiscal Year 1998, the 32 total IDEA Part B discretionary funds available to the State 33 Board of Education shall not exceed the maximum permissible 34 under federal law or 20% of the total federal funds available SB1072 Enrolled -3- LRB9002649THpk 1 to the State, whichever is less. In no case shall the 2 aggregate IDEA Part B discretionary funds received by the 3 State Board of Education exceed the amount of Fiscal Year 4 1997 expenditures made by the State Board of Education from 5 IDEA Part B discretionary funds. After all room and board 6 payments and similar expenditures are made by the State Board 7 of Education as required by this Section, the State Board of 8 Education may use the remaining funds for administration and 9 for providing discretionary activities. However, the State 10 Board of Education may use no more than 25% of its available 11 IDEA Part B discretionary funds for administrative services. 12 Special education and related services included in the 13 child's individualized educational program which are not 14 provided by another State agency shall be included in the 15 special education and related services provided by the State 16 Board of Education and the local school district. 17 The State Board of Education with the advice of the 18 Advisory Council shall prescribe the standards and make the 19 necessary rules and regulations for special education 20 programs administered by local school boards, including but 21 not limited to establishment of classes, training 22 requirements of teachers and other professional personnel, 23 eligibility and admission of pupils, the curriculum, class 24 size limitation, building programs, housing, transportation, 25 special equipment and instructional supplies, and the 26 applications for claims for reimbursement. The State Board of 27 Education shall promulgate rules and regulations for annual 28 evaluations of the effectiveness of all special education 29 programs and annual evaluation by the local school district 30 of the individualized educational program for each child for 31 whom it provides special education services. 32 A school district is responsible for the provision of 33 educational services for all school age children residing 34 within its boundaries excluding any student placed under the SB1072 Enrolled -4- LRB9002649THpk 1 provisions of Section 14-7.02 or any disabled student whose 2 parent or guardian lives outside of the State of Illinois as 3 described in Section 14-1.11. 4 (Source: P.A. 88-16; 88-45; 89-397, eff. 8-20-95; 89-622, 5 eff. 8-9-96.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.