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91_HB2904eng HB2904 Engrossed LRB9107764NTsb 1 AN ACT concerning the powers and duties of regional 2 superintendents of schools. 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 2-3.30, 3-15.10, 14-7.02, 14-12.01, 14A-5, 14C-12, 7 18-3, and 18-4.3 as follows: 8 (105 ILCS 5/2-3.30) (from Ch. 122, par. 2-3.30) 9 Sec. 2-3.30. Census for special education. To require on 10 or before December 22 of each year reportssubmitted through11the regional superintendentas to the census of all children 12 age birth through 21 years of age inclusive of the types 13 described in definitions under the rules authorized in 14 Section 14-1.02 who were receiving special education and 15 related services on December 1 of the current school year. 16 To require an annual report, on or before December 22 of 17 each year from the Department of Children and Family 18 Services, Department of Corrections, and Department of Human 19 Services containing a census of all children age birth 20 through 21 years of age inclusive, of the types described in 21 Section 14-1.02 who were receiving special education 22 services on December 1 of the current school year within 23 State facilities. Such report shall be submitted pursuant to 24 rules and regulations issued by the State Board of Education. 25 The State Board of Education shall ascertain and report 26 annually, on or before January 15, the number of children of 27 non-English background, birth through 21 years of age, 28 inclusive of (a) types described in definitions under rules 29 authorized in Section 14-1.02 who were receiving special 30 education and related services on December of the previous 31 year and (b) inclusive of those served within State HB2904 Engrossed -2- LRB9107764NTsb 1 facilities administered by the Department of Children and 2 Family Services and the Department of Human Services. The 3 report shall classify such children according to their 4 language background, age, category of exceptionality and 5 level of severity, least restrictive placement and 6 achievement level. 7 (Source: P.A. 89-507, eff. 7-1-97.) 8 (105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10) 9 Sec. 3-15.10. Assistant Regional Superintendent. To 10 employ, in counties or regions of 2,000,000 inhabitants or 11 less, in addition to any assistants authorized to be employed 12 with the approval of the county board, an assistant regional 13 superintendent of schools who shall be a person of good 14 attainment, versed in the principles and methods of 15 education, and qualified to teach and supervise schools under 16 Article 21 of this Act; to fix the term of such assistant and 17 direct his work and define his duties. In regions established 18 within that portion of a Class II county outside a city of 19 500,000 or more inhabitants, the regional superintendent may 20 employ, in addition to any assistants authorized to be 21 employed with the approval of the county board, 3 assistant 22 regional superintendents of schools. Until July 1, 1994, in 23 counties or regions having a population of more than 24 2,000,000 inhabitants the regional superintendent may employ, 25 in addition to any assistants authorized to be employed with 26 the approval of the county board, 11 assistant regional 27 superintendents of schools. Assistant regional 28 superintendents shall each be a person of good attainment, 29 versed in the principles and methods of education, and 30 qualified to teach and supervise schools under Article 21 of 31 this Act. The work of such assistant regional superintendent 32 shall be so arranged and directed that the county or regional 33 superintendent and assistant superintendent, together, shall HB2904 Engrossed -3- LRB9107764NTsb 1 devote an amount of time during the school year, equal to at 2 least the full time of one individual, to the supervision of 3 schools and of teaching in the schools of the county. 4 Notwithstanding any of the provisions of this Section, 5 any person who, on July 1, 1955, was employed as an assistant 6 county superintendent of schools shall be qualified for that 7 position if he holds a state certificate valid for teaching 8 and supervising. 9 On July 1, 1994, the employment of all persons serving as 10 assistant county or regional superintendents in any county or 11 educational service region having a population of more than 12 2,000,000 inhabitants is terminated, the office of assistant 13 county or regional superintendent in each such county or 14 educational service region is abolished, and this Section 15 shall, from and after July 1, 1994, have no further 16 application in any such county or educational service region. 17 A regional superintendent of schools shall not employ his 18 or her spouse, child, stepchild, or relative as an assistant 19 regional superintendent of schools. By September 1 each year, 20 a regional superintendent shall certify to the State Board of 21 Education that he or she has complied with this paragraph. If 22 the State Board of Education becomes aware of the fact that a 23 regional superintendent is employing his or her spouse, 24 child, stepchild, or relative as an assistant regional 25 superintendent, the State Board of Education shall not 26 request for payment from the State Comptroller any warrants 27 for the payment of the assistant regional superintendent's 28 salary. In this paragraph, "relative" means a grandparent, 29 parent, aunt, uncle, sibling, first cousin, nephew, niece, 30 grandchild, or spouse of one of these persons. This paragraph 31 applies only to contracts for employment entered into on or 32 after the effective date of this amendatory Act of the 91st 33 General Assembly. 34 (Source: P. A. 87-654; 87-1251; 88-89.) HB2904 Engrossed -4- LRB9107764NTsb 1 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02) 2 Sec. 14-7.02. Children attending private schools, public 3 out-of-state schools, public school residential facilities or 4 private special education facilities. The General Assembly 5 recognizes that non-public schools or special education 6 facilities provide an important service in the educational 7 system in Illinois. 8 If because of his or her disability the special education 9 program of a district is unable to meet the needs of a child 10 and the child attends a non-public school or special 11 education facility, a public out-of-state school or a special 12 education facility owned and operated by a county government 13 unit that provides special educational services required by 14 the child and is in compliance with the appropriate rules and 15 regulations of the State Superintendent of Education, the 16 school district in which the child is a resident shall pay 17 the actual cost of tuition for special education and related 18 services provided during the regular school term and during 19 the summer school term if the child's educational needs so 20 require, excluding room, board and transportation costs 21 charged the child by that non-public school or special 22 education facility, public out-of-state school or county 23 special education facility, or $4,500 per year, whichever is 24 less, and shall provide him any necessary transportation. 25 "Nonpublic special education facility" shall include a 26 residential facility, within or without the State of 27 Illinois, which provides special education and related 28 services to meet the needs of the child by utilizing private 29 schools or public schools, whether located on the site or off 30 the site of the residential facility. 31 The State Board of Education shall promulgate rules and 32 regulations for determining when placement in a private 33 special education facility is appropriate. Such rules and 34 regulations shall take into account the various types of HB2904 Engrossed -5- LRB9107764NTsb 1 services needed by a child and the availability of such 2 services to the particular child in the public school. In 3 developing these rules and regulations the State Board of 4 Education shall consult with the Advisory Council on 5 Education of Children with Disabilities and hold public 6 hearings to secure recommendations from parents, school 7 personnel, and others concerned about this matter. 8 The State Board of Education shall also promulgate rules 9 and regulations for transportation to and from a residential 10 school. Transportation to and from home to a residential 11 school more than once each school term shall be subject to 12 prior approval by the State Superintendent in accordance with 13 the rules and regulations of the State Board. 14 A school district making tuition payments pursuant to 15 this Section is eligible for reimbursement from the State for 16 the amount of such payments actually made in excess of the 17 district per capita tuition charge for students not receiving 18 special education services. Such reimbursement shall be 19 approved in accordance with Section 14-12.01 and each 20 district shall file its claims, computed in accordance with 21 rules prescribed by the State Board of Education,with the22regional superintendent of schools on or before August 1, for23approvalon forms prescribed by the State Superintendent of 24 Education. Data used as a basis of reimbursement claims 25 shall be for the preceding regular school term and summer 26 school term. Each school district shallThe regional27superintendent of schools shall approve the claims as to form28andtransmit itstheclaims to the State Board of Education 29 on or before August 15. The State Board of Education, before 30 approving any such claims, shall determine their accuracy and 31 whether they are based upon services and facilities provided 32 under approved programs. Upon approval the State Board shall 33 cause vouchers to be prepared showing the amount due for 34 payment of reimbursement claims to school districts, for HB2904 Engrossed -6- LRB9107764NTsb 1 transmittal to the State Comptroller on the 30th day of 2 September, December, and March, respectively, and the final 3 voucher, no later than June 20. If the money appropriated by 4 the General Assembly for such purpose for any year is 5 insufficient, it shall be apportioned on the basis of the 6 claims approved. 7 No child shall be placed in a special education program 8 pursuant to this Section if the tuition cost for special 9 education and related services increases more than 10 percent 10 over the tuition cost for the previous school year or exceeds 11 $4,500 per year unless such costs have been approved by the 12 Illinois Purchased Care Review Board. The Illinois 13 Purchased Care Review Board shall consist of the following 14 persons, or their designees: the Directors of Children and 15 Family Services, Public Health, Public Aid, and the Bureau of 16 the Budget; the Secretary of Human Services; the State 17 Superintendent of Education; and such other persons as the 18 Governor may designate. The Review Board shall establish 19 rules and regulations for its determination of allowable 20 costs and payments made by local school districts for special 21 education, room and board, and other related services 22 provided by non-public schools or special education 23 facilities and shall establish uniform standards and criteria 24 which it shall follow. 25 The Review Board shall establish uniform definitions and 26 criteria for accounting separately by special education, room 27 and board and other related services costs. The Board shall 28 also establish guidelines for the coordination of services 29 and financial assistance provided by all State agencies to 30 assure that no otherwise qualified disabled child receiving 31 services under Article 14 shall be excluded from 32 participation in, be denied the benefits of or be subjected 33 to discrimination under any program or activity provided by 34 any State agency. HB2904 Engrossed -7- LRB9107764NTsb 1 The Review Board shall review the costs for special 2 education and related services provided by non-public schools 3 or special education facilities and shall approve or 4 disapprove such facilities in accordance with the rules and 5 regulations established by it with respect to allowable 6 costs. 7 The State Board of Education shall provide administrative 8 and staff support for the Review Board as deemed reasonable 9 by the State Superintendent of Education. This support shall 10 not include travel expenses or other compensation for any 11 Review Board member other than the State Superintendent of 12 Education. 13 The Review Board shall seek the advice of the Advisory 14 Council on Education of Children with Disabilities on the 15 rules and regulations to be promulgated by it relative to 16 providing special education services. 17 If a child has been placed in a program in which the 18 actual per pupil costs of tuition for special education and 19 related services based on program enrollment, excluding room, 20 board and transportation costs, exceed $4,500 and such costs 21 have been approved by the Review Board, the district shall 22 pay such total costs which exceed $4,500. A district making 23 such tuition payments in excess of $4,500 pursuant to this 24 Section shall be responsible for an amount in excess of 25 $4,500 equal to the district per capita tuition charge and 26 shall be eligible for reimbursement from the State for the 27 amount of such payments actually made in excess of the 28 districts per capita tuition charge for students not 29 receiving special education services. 30 If a child has been placed in an approved individual 31 program and the tuition costs including room and board costs 32 have been approved by the Review Board, then such room and 33 board costs shall be paid by the appropriate State agency 34 subject to the provisions of Section 14-8.01 of this Act. HB2904 Engrossed -8- LRB9107764NTsb 1 Room and board costs not provided by a State agency other 2 than the State Board of Education shall be provided by the 3 State Board of Education on a current basis. In no event, 4 however, shall the State's liability for funding of these 5 tuition costs begin until after the legal obligations of 6 third party payors have been subtracted from such costs. If 7 the money appropriated by the General Assembly for such 8 purpose for any year is insufficient, it shall be apportioned 9 on the basis of the claims approved. Each district shall 10 submit estimated claimsto the regional superintendent of11schools for transmittalto the State Superintendent of 12 Education. Upon approval of such claims, the State 13 Superintendent of Education shall direct the State 14 Comptroller to make payments on a monthly basis. The 15 frequency for submitting estimated claims and the method of 16 determining payment shall be prescribed in rules and 17 regulations adopted by the State Board of Education. Such 18 current state reimbursement shall be reduced by an amount 19 equal to the proceeds which the child or child's parents are 20 eligible to receive under any public or private insurance or 21 assistance program. Nothing in this Section shall be 22 construed as relieving an insurer or similar third party from 23 an otherwise valid obligation to provide or to pay for 24 services provided to a disabled child. 25 If it otherwise qualifies, a school district is eligible 26 for the transportation reimbursement under Section 14-13.01 27 and for the reimbursement of tuition payments under this 28 Section whether the non-public school or special education 29 facility, public out-of-state school or county special 30 education facility, attended by a child who resides in that 31 district and requires special educational services, is within 32 or outside of the State of Illinois. However, a district is 33 not eligible to claim transportation reimbursement under this 34 Section unless the district certifies to the State HB2904 Engrossed -9- LRB9107764NTsb 1 Superintendent of Education that the district is unable to 2 provide special educational services required by the child 3 for the current school year. 4 Nothing in this Section authorizes the reimbursement of a 5 school district for the amount paid for tuition of a child 6 attending a non-public school or special education facility, 7 public out-of-state school or county special education 8 facility unless the school district certifies to the State 9 Superintendent of Education that the special education 10 program of that district is unable to meet the needs of that 11 child because of his disability and the State Superintendent 12 of Education finds that the school district is in substantial 13 compliance with Section 14-4.01. 14 Any educational or related services provided, pursuant to 15 this Section in a non-public school or special education 16 facility or a special education facility owned and operated 17 by a county government unit shall be at no cost to the parent 18 or guardian of the child. However, current law and practices 19 relative to contributions by parents or guardians for costs 20 other than educational or related services are not affected 21 by this amendatory Act of 1978. 22 Reimbursement for children attending public school 23 residential facilities shall be made in accordance with the 24 provisions of this Section. 25 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94; 26 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff. 27 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.) 28 (105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01) 29 Sec. 14-12.01. Account of expenditures - Cost report - 30 Reimbursement. Each school board shall keep an accurate, 31 detailed and separate account of all monies paid out by it 32 for the maintenance of each of the types of facilities, 33 classes and schools authorized by this Article for the HB2904 Engrossed -10- LRB9107764NTsb 1 instruction and care of pupils attending them and for the 2 cost of their transportation, and shall annually report 3 thereon indicating the cost of each such elementary or high 4 school pupil for the school year ending June 30. 5 Applications for preapproval for reimbursement for costs 6 of special education must be first submitted through the 7 office of the regional superintendent of schools to the State 8 Superintendent of Education on or before 30 days after a 9 special class or service is started. Applications shall set 10 forth a plan for special education established and maintained 11 in accordance with this Article. Such applications shall be 12 limited to the cost of construction and maintenance of 13 special education facilities designed and utilized to house 14 instructional programs, diagnostic services, other special 15 education services for children with disabilities and 16 reimbursement as provided in Section 14-13.01. Such 17 application shall not include the cost of construction or 18 maintenance of any administrative facility separated from 19 special education facilities designed and utilized to house 20 instructional programs, diagnostic services, and other 21 special education services for children with disabilities. 22 Reimbursement claims for special education shall be made as 23 follows: 24 Each district shall file its claim computed in accordance 25 with rules prescribed by the State Board of Educationwith26the regional superintendent of schools, in triplicate, on or27before August 1,for approval on forms prescribed by the 28 State Superintendent of Education. Data used as a basis of 29 reimbursement claims shall be for the school year ended on 30 June 30 preceding. Each school district shall transmit to 31The regional superintendent of schools shall check and upon32approval providethe State Superintendent of Education its 33with the original and one copy of theclaims on or before 34 August 15. The State Superintendent of Education before HB2904 Engrossed -11- LRB9107764NTsb 1 approving any such claims shall determine their accuracy and 2 whether they are based upon services and facilities provided 3 under approved programs. Upon approval, vouchers for the 4 amounts due the respective districts shall be prepared and 5 submitted during each fiscal year as follows: the first 3 6 vouchers shall be prepared by the State Superintendent of 7 Education and transmitted to the Comptroller on the 30th day 8 of September, December and March, respectively, and the final 9 voucher, no later than June 20. If, after preparation and 10 transmittal of the September 30 vouchers, any claim has been 11 redetermined by the State Superintendent of Education, 12 subsequent vouchers shall be adjusted in amount to compensate 13 for any overpayment or underpayment previously made. If the 14 money appropriated by the General Assembly for such purpose 15 for any year is insufficient, it shall be apportioned on the 16 basis of the claims approved. 17 Claims received at the State Board of Education after 18 August 15 shall not be honored. Claims received by August 15 19 may be amended until November 30. 20 (Source: P.A. 88-641, eff. 9-9-94; 89-397, eff. 8-20-95.) 21 (105 ILCS 5/14A-5) (from Ch. 122, par. 14A-5) 22 Sec. 14A-5. Reimbursement for services and materials. 23 Pursuant to regulations of the State Board of Education 24 proposed programs for gifted children may be submitted to the 25 Council by a school district, 2 or more cooperating school 26 districts, a county, or 2 or more cooperating counties. Such 27 proposals shall include a statement of the qualifications and 28 duties of the personnel required in the fields of diagnostic, 29 counseling and consultative services and the educational 30 materials necessary. 31 Upon receipt of such proposals the Council shall evaluate 32 them and if found to contribute to the development of a State 33 plan to increase the service of the public school in the HB2904 Engrossed -12- LRB9107764NTsb 1 field of education of gifted children the Council shall 2 recommend the acceptance thereof to the State Superintendent 3 of Education, who may approve the same. Upon the approval of 4 the district's program, which shall be offered during the 5 regular school term and may include optional summer school, 6 the district shall be entitled to reimbursement for the 7 services and materials required therefor by the method 8 described in either (a) or (b) as follows: 9 (a) The number of pupils in average daily attendance in 10 the district's program, multiplied by one of the following 11 factors: 12 The factors for school districts having different 13 assessed valuations per pupil in average daily attendance for 14 the prior year shall be: 15 1. in districts with $20,000 or more; 16 1.2 in districts with $16,000 but less than $20,000; 17 1.3 in districts with $12,000 but less than $16,000; 18 1.4 in districts with $9,000 but less than $12,000; 19 1.5 in districts with less than $9,000. 20 In no case shall the claim for reimbursement of any 21 district exceed the actual cost of such program to the 22 district nor shall the number of pupils for whom 23 reimbursement is claimed exceed 5% of the number of pupils in 24 average daily attendance in the district for the prior year. 25 (b) For each professional worker, who meets the 26 established standards for his position, employed in the 27 district's program at the annual rate of $5,000. 28On or before July 10, annually, the president and the29secretary of the district shall certify to the regional30superintendent upon forms prescribed by the State31Superintendent of Education the district's claim for32reimbursement for the school year ended on June 30 next33preceding. The regional superintendent shall check all such34claims to ascertain compliance with the prescribed standardsHB2904 Engrossed -13- LRB9107764NTsb 1and upon his approval shall certify not later than July 25 to2the State Superintendent of Education the regional report of3claims for reimbursements. The State Superintendent of4Education shall check and upon approval shall transmit by5September 15 to the State Comptroller the vouchers showing6the amounts due for district reimbursement claims.7Reimbursement shall be paid in the manner provided above in8this paragraph through September 15, 1979. Thereafter,9 Estimated payments equal to 1/4 of the district's approved 10 program amount shall be made by the State Comptroller on 11 November 15, February 15, and May 15 upon submission of 12 vouchers by the State Superintendent of Education. A final 13 claim shall be transmittedfiled with the regional14superintendent on or before July 10 for approval and15transmittalto the State Superintendent of Education on or 16 before July 20. Claims received by the State Superintendent 17 of Education after July 20 shall not be honored. Upon receipt 18 of the final claim the State Superintendent shall verify its 19 accuracy and make a final adjusted payment on September 20. 20 If the amount appropriated for such reimbursement for any 21 year is insufficient it shall be apportioned on the basis of 22 the claims approved. 23 When any school district eligible for reimbursement under 24 this Section operates a school for a full year in accordance 25 with Section 10-19.1 of this Act such reimbursement shall be 26 increased by 1/185 of the amount or rate paid hereunder for 27 each day such school is operated in excess of 185 days per 28 calendar year. 29 For purposes of calculating claims for reimbursement 30 under this Section for any school year beginning July 1, 31 1997, or thereafter, the equalized assessed valuation for a 32 school district used to compute reimbursement shall be 33 computed in the same manner as it is computed under paragraph 34 (2) of subsection (G) of Section 18-8.05. HB2904 Engrossed -14- LRB9107764NTsb 1 (Source: P.A. 90-463, eff. 8-17-97; 91-96, eff. 7-9-99.) 2 (105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12) 3 Sec. 14C-12. Account of expenditures; Cost report; 4 Reimbursement. Each school district shall keep an accurate, 5 detailed and separate account of all monies paid out by it 6 for the programs in transitional bilingual education required 7 or permitted by this Article, including transportation costs, 8 and shall annually report thereon for the school year ending 9 June 30 indicating the average per pupil expenditure. Each 10 school district shall be reimbursed for the amount by which 11 such costs exceed the average per pupil expenditure by such 12 school district for the education of children of comparable 13 age who are not in any special education program. 14 Applications for preapproval for reimbursement for costs 15 of transitional bilingual education programs must be 16 submitted to the State Superintendent of Education at least 17 60 days before a transitional bilingual education program is 18 started, unless a justifiable exception is granted by the 19 State Superintendent of Education. Applications shall set 20 forth a plan for transitional bilingual education established 21 and maintained in accordance with this Article. 22 Reimbursement claims for transitional bilingual education 23 programs shall be made as follows: 24 Each school district shall claim reimbursement on a 25 current basis for the first 3 quarters of the fiscal year and 26 file a final adjusted claim for the school year ended June 30 27 preceding computed in accordance with rules prescribed by the 28 State Superintendent's Officewith the regional29superintendent of schools, in triplicate, for approval on30forms prescribed by the State Superintendent's Office. Data31used as a basis of reimbursement claims shall be for the32school year ended on June 30 preceding. School districts 33 shall file estimated claims with theregional superintendentHB2904 Engrossed -15- LRB9107764NTsb 1by October 10, January 10 and April 10 respectively, and file2final adjusted claims by July 10. Upon receipt of such3quarterly claims the regional superintendent shall transmit4them to theState Superintendent by October 20, January 20, 5 and April 20,and file final adjusted claims by July 20. The 6 State Superintendent of Education before approving any such 7 claims shall determine their accuracy and whether they are 8 based upon services and facilities provided under approved 9 programs. Upon approval he shall transmit by November 15, 10 February 15, May 15, and August 20 to the Comptroller the 11 vouchers showing the amounts due for school district 12 reimbursement claims. Upon receipt of the July final 13 adjusted claims the State Superintendent of Education shall 14 make a final determination of the accuracy of such claims. 15 If the money appropriated by the General Assembly for such 16 purpose for any year is insufficient, it shall be apportioned 17 on the basis of the claims approved. 18 Failure on the part of the school district to prepare and 19 certify the final adjusted claims due under this Section on 20 or before July 20 of any year, and its failure thereafter to 21 prepare and certify such report to the regional 22 superintendent of schools within 10 days after receipt of 23 notice of such delinquency sent to it by the State 24 Superintendent of Education by registered mail, shall 25 constitute a forfeiture by the school district of its right 26 to be reimbursed by the State under this Section. 27 (Source: P.A. 90-463, eff. 8-17-97.) 28 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3) 29 Sec. 18-3. Tuition of children from orphanages and 30 children's homes. 31 When the children from any home for orphans, dependent, 32 abandoned or maladjusted children maintained by any 33 organization or association admitting to such home children HB2904 Engrossed -16- LRB9107764NTsb 1 from the State in general or when children residing in a 2 school district wherein the State of Illinois maintains and 3 operates any welfare or penal institution on property owned 4 by the State of Illinois, which contains houses, housing 5 units or housing accommodations within a school district, 6 attend grades kindergarten through 12 of the public schools 7 maintained by that school district, the State Superintendent 8 of Education shall direct the State Comptroller to pay a 9 specified amount sufficient to pay the annual tuition cost of 10 such children who attended such public schools during the 11 school year ending on June 30, and the Comptroller shall pay 12 the amount after receipt of a voucher submitted by the State 13 Superintendent of Education. 14 The amount of the tuition for such children attending the 15 public schools of the district shall be determined by the 16 State Superintendent of Education by multiplying the number 17 of such children in average daily attendance in such schools 18 by 1.2 times the total annual per capita cost of 19 administering the schools of the district. Such total annual 20 per capita cost shall be determined by totaling all expenses 21 of the school district in the educational, operations and 22 maintenance, bond and interest, transportation, Illinois 23 municipal retirement, and rent funds for the school year 24 preceding the filing of such tuition claims less expenditures 25 not applicable to the regular K-12 program, less offsetting 26 revenues from State sources except those from the common 27 school fund, less offsetting revenues from federal sources 28 except those from federal impaction aid, less student and 29 community service revenues, plus a depreciation allowance; 30 and dividing such total by the average daily attendance for 31 the year. 32 Annually on or before June 30 the superintendent of the 33 district upon forms prepared by the State Superintendent of 34 Education shall certify to the regional superintendent the HB2904 Engrossed -17- LRB9107764NTsb 1 following: 2 1. The name of the home and of the organization or 3 association maintaining it; or the legal description of the 4 real estate upon which the house, housing units, or housing 5 accommodations are located and that no taxes or service 6 charges or other payments authorized by law to be made in 7 lieu of taxes were collected therefrom or on account thereof 8 during either of the calendar years included in the school 9 year for which claim is being made; 10 2. The number of children from the home or living in 11 such houses, housing units or housing accommodations and 12 attending the schools of the district; 13 3. The total number of children attending the schools of 14 the district; 15 4. The per capita tuition charge of the district; and 16 5. The computed amount of the tuition payment claimed as 17 due. 18 Whenever the persons in charge of such home for orphans, 19 dependent, abandoned or maladjusted children have received 20 from the parent or guardian of any such child or by virtue of 21 an order of court a specific allowance for educating such 22 child, such persons shall pay to the school board in the 23 district where the child attends school such amount of the 24 allowance as is necessary to pay the tuition required by such 25 district for the education of the child. If the allowance is 26 insufficient to pay the tuition in full the State 27 Superintendent of Education shall direct the Comptroller to 28 pay to the district the difference between the total tuition 29 charged and the amount of the allowance. 30 Whenever the facilities of a school district in which 31 such house, housing units or housing accommodations are 32 located, are limited, pupils may be assigned by that district 33 to the schools of any adjacent district to the limit of the 34 facilities of the adjacent district to properly educate such HB2904 Engrossed -18- LRB9107764NTsb 1 pupils as shall be determined by the school board of the 2 adjacent district, and the State Superintendent of Education 3 shall direct the Comptroller to pay a specified amount 4 sufficient to pay the annual tuition of the children so 5 assigned to and attending public schools in the adjacent 6 districts and the Comptroller shall draw his warrant upon the 7 State Treasurer for the payment of such amount for the 8 benefit of the adjacent school districts in the same manner 9 as for districts in which the houses, housing units or 10 housing accommodations are located. 11Failure on the part of the school board to certify to the12regional superintendent the claim of the school district for13tuition on account of such children on or before June 3014shall constitute a forfeiture by the district of its right to15the payment of any such tuition claim for the school year16just ended.The school districtregional superintendentshall 17check and not later than July 15certify to the State 18 Superintendent of Education theregionalreport of claims due 19 for such tuition payments on or before July 31. Failure on 20 the part of the school board to certify its claim on July 31 21 shall constitute a forfeiture by the district of its right to 22 the payment of any such tuition claim for the school year 23 just ended. The State Superintendent of Education shall 24 direct the Comptroller to pay to the district, on or before 25 August 15, the amount due the district for the school year in 26 accordance with the calculation of the claim as set forth in 27 this Section. 28 Claims for tuition for children from any home for orphans 29 or dependent, abandoned, or maladjusted children beginning 30 with the 1993-1994 school year shall be paid on a current 31 year basis. On September 30, December 31, and March 31, the 32 State Board of Education shall voucher payments for districts 33 with those students based on an estimated cost calculated 34 from the prior year's claim. Final claims for those students HB2904 Engrossed -19- LRB9107764NTsb 1 for the regular school term must be received at the State 2 Board of Education by July 31 following the end of the school 3 year. Final claims for those students shall be vouchered by 4 August 15. During fiscal year 1994 both the 1992-1993 school 5 year and the 1993-1994 school year shall be paid in order to 6 change the cycle of payment from a reimbursement basis to a 7 current year funding basis of payment. However, 8 notwithstanding any other provisions of this Section or the 9 School Code, beginning with fiscal year 1994 and each fiscal 10 year thereafter, if the amount appropriated for any fiscal 11 year is less than the amount required for purposes of this 12 Section, the amount required to eliminate any insufficient 13 reimbursement for each district claim under this Section 14 shall be reimbursed on August 30 of the next fiscal year. 15 Payments required to eliminate any insufficiency for prior 16 fiscal year claims shall be made before any claims are paid 17 for the current fiscal year. 18 If a school district makes a claim for reimbursement 19 under Section 18-4 or 14-7.03 it shall not include in any 20 claim filed under this Section children residing on the 21 property of State institutions included in its claim under 22 Section 18-4 or 14-7.03. 23 Any child who is not a resident of Illinois who is placed 24 in a child welfare institution, private facility, State 25 operated program, orphanage or children's home shall have the 26 payment for his educational tuition and any related services 27 assured by the placing agent. 28 In order to provide services appropriate to allow a 29 student under the legal guardianship or custodianship of the 30 State to participate in local school district educational 31 programs, costs may be incurred in appropriate cases by the 32 district that are in excess of 1.2 times the district per 33 capita tuition charge allowed under the provisions of this 34 Section. In the event such excess costs are incurred, they HB2904 Engrossed -20- LRB9107764NTsb 1 must be documented in accordance with cost rules established 2 under the authority of this Section and may then be claimed 3 for reimbursement under this Section. 4 Planned services for students eligible for this funding 5 must be a collaborative effort between the appropriate State 6 agency or the student's group home or institution and the 7 local school district. 8 (Source: P.A. 89-235, eff. 8-4-95; 90-463, eff. 8-17-97; 9 90-644, eff. 7-24-98.) 10 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3) 11 Sec. 18-4.3. Summer school grants. Grants shall be 12 determined for pupil attendance in summer schools conducted 13 under Sections 10-22.33A and 34-18 and approved under Section 14 2-3.25 in the following manner. 15 The amount of grant for each accredited summer school 16 attendance pupil shall be obtained by dividing the total 17 amount of apportionments determined underSection 18-8 or18 Section 18-8.05 by the actual number of pupils in average 19 daily attendance used for such apportionments. The number of 20 credited summer school attendance pupils shall be determined 21 (a) by counting clock hours of class instruction by pupils 22 enrolled in grades 1 through 12 in approved courses conducted 23 at least 60 clock hours in summer sessions; (b) by dividing 24 such total of clock hours of class instruction by 4 to 25 produce days of credited pupil attendance; (c) by dividing 26 such days of credited pupil attendance by the actual number 27 of days in the regular term as used in computation in the 28 general apportionment in Section 18-8.0518-8; and (d) by 29 multiplying by 1.25. 30 The amount of the grant for a summer school program 31 approved by the State Superintendent of Education for 32 children with disabilities, as defined in Sections 14-1.02 33 through 14-1.07, shall be determined in the manner contained HB2904 Engrossed -21- LRB9107764NTsb 1 above except that average daily membership shall be utilized 2 in lieu of average daily attendance. 3 In the case of an apportionment based on summer school 4 attendance or membership pupils, the claim therefor shall be 5 presented as a separate claim for the particular school year 6 in which such summer school session ends. On or before 7 November 1October 15of each year the superintendent of each 8 eligible school district shall certify to the State 9 Superintendent of Educationregional superintendentthe claim 10 of the district for the summer session just ended. Failure 11 on the part of the school board to so certify shall 12 constitute a forfeiture of its right to such payment.The13regional superintendent shall certify to the State14Superintendent of Education no later than November 1 the15regional report of claims for summer school.The State 16 Superintendent of Education shall transmit to the Comptroller 17 no later than December 15th of each year vouchers for payment 18 of amounts due school districts for summer school. The State 19 Superintendent of Education shall direct the Comptroller to 20 draw his warrants for payments thereof by the 30th day of 21 December. If the money appropriated by the General Assembly 22 for such purpose for any year is insufficient, it shall be 23 apportioned on the basis of claims approved. 24 However, notwithstanding the foregoing provisions, for 25 each fiscal year the money appropriated by the General 26 Assembly for the purposes of this Section shall only be used 27 for grants for approved summer school programs for those 28 children with disabilities served pursuant to Sections 29 14-7.02 and 14-7.02a of the School Code. 30 (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.) 31 Section 10. The School Free Lunch Program Act is amended 32 by changing Section 8 as follows: HB2904 Engrossed -22- LRB9107764NTsb 1 (105 ILCS 125/8) (from Ch. 122, par. 712.8) 2 Sec. 8. School boards and welfare centers shall file 3 claims for reimbursement, on forms provided by the State 4 Board of Education,with the Regional Superintendent of5Schools,on a monthly basis as prescribed by the State Board 6 of Education. 7The Regional Superintendent of Schools shall sign and8forward to the State Board of Education one copy of each such9claim filed with him.10 (Source: P.A. 87-420.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.