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92_HB4101eng HB4101 Engrossed LRB9215541NTdv 1 AN ACT in relation to schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 14-7.03 as follows: 6 (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03) 7 Sec. 14-7.03. Special Education Classes for Children from 8 Orphanages, Foster Family Homes, Children's Homes, or in 9 State Housing Units. If a school district maintains special 10 education classes on the site of orphanages and children's 11 homes, or if children from the orphanages, children's homes, 12 foster family homes, other State agencies, or State 13 residential units for children attend classes for children 14 with disabilities in which the school district is a 15 participating member of a joint agreement, or if the children 16 from the orphanages, children's homes, foster family homes, 17 other State agencies, or State residential units attend 18 classes for the children with disabilities maintained by the 19 school district, then reimbursement shall be paid to eligible 20 districts in accordance with the provisions of this Section 21 by the Comptroller as directed by the State Superintendent of 22 Education. If a child who was eligible to receive services 23 under this Section is adopted and that child continues to 24 receive support services from the Department of Children and 25 Family Services, then the child shall continue to be eligible 26 to receive services under this Section. 27 The amount of tuition forsuchchildren under this 28 Section shall be determined by the actual cost of maintaining 29 such classes, using the per capita cost formula set forth in 30 Section 14-7.01, such program and cost to be pre-approved by 31 the State Superintendent of Education. HB4101 Engrossed -2- LRB9215541NTdv 1 On forms prepared by the State Superintendent of 2 Education, the district shall certify to the regional 3 superintendent the following: 4 (1) The name of the home or State residential unit 5 with the name of the owner or proprietor and address of 6 those maintaining it; 7 (2) That no service charges or other payments 8 authorized by law were collected in lieu of taxes 9 therefrom or on account thereof during either of the 10 calendar years included in the school year for which 11 claim is being made; 12 (3) The number of children qualifying under this 13 Act in special education classes for instruction on the 14 site of the orphanages and children's homes; 15 (4) The number of children attending special 16 education classes for children with disabilities in which 17 the district is a participating member of a special 18 education joint agreement; 19 (5) The number of children attending special 20 education classes for children with disabilities 21 maintained by the district; 22 (6) The computed amount of tuition payment claimed 23 as due, as approved by the State Superintendent of 24 Education, for maintaining these classes. 25 If a school district makes a claim for reimbursement 26 under Section 18-3 or 18-4 of this Act it shall not include 27 in any claim filed under this Section a claim for such 28 children. Payments authorized by law, including State or 29 federal grants for education of children included in this 30 Section, shall be deducted in determining the tuition amount. 31 Nothing in this Act shall be construed so as to prohibit 32 reimbursement for the tuition of children placed in for 33 profit facilities. Private facilities shall provide adequate 34 space at the facility for special education classes provided HB4101 Engrossed -3- LRB9215541NTdv 1 by a school district or joint agreement for children with 2 disabilities who are residents of the facility at no cost to 3 the school district or joint agreement upon request of the 4 school district or joint agreement. If such a private 5 facility provides space at no cost to the district or joint 6 agreement for special education classes provided to children 7 with disabilities who are residents of the facility, the 8 district or joint agreement shall not include any costs for 9 the use of those facilities in its claim for reimbursement. 10 Reimbursement for tuition may include the cost of 11 providing summer school programs for children with severe and 12 profound disabilities served under this Section. Claims for 13 that reimbursement shall be filed by November 1 and shall be 14 paid on or before December 15 from appropriations made for 15 the purposes of this Section. 16 The State Board of Education shall establish such rules 17 and regulations as may be necessary to implement the 18 provisions of this Section. 19 Claims filed on behalf of programs operated under this 20 Section housed in a jail or detention center shall be on an 21 individual student basis only for eligible students with 22 disabilities. These claims shall be in accordance with 23 applicable rules. 24 Each district claiming reimbursement for a program 25 operated as a group program shall have an approved budget on 26 file with the State Board of Education prior to the 27 initiation of the program's operation. On September 30, 28 December 31, and March 31, the State Board of Education shall 29 voucher payments to group programs based upon the approved 30 budget during the year of operation. Final claims for group 31 payments shall be filed on or before July 15. Final claims 32 for group programs received at the State Board of Education 33 on or before June 15 shall be vouchered by June 30. Final 34 claims received at the State Board of Education between June HB4101 Engrossed -4- LRB9215541NTdv 1 16 and July 15 shall be vouchered by August 30. Claims for 2 group programs received after July 15 shall not be honored. 3 Each district claiming reimbursement for individual 4 students shall have the eligibility of those students 5 verified by the State Board of Education. On September 30, 6 December 31, and March 31, the State Board of Education shall 7 voucher payments for individual students based upon an 8 estimated cost calculated from the prior year's claim. Final 9 claims for individual students for the regular school term 10 must be received at the State Board of Education by July 15. 11 Claims for individual students received after July 15 shall 12 not be honored. Final claims for individual students shall be 13 vouchered by August 30. 14 Reimbursement shall be made based upon approved group 15 programs or individual students. The State Superintendent of 16 Education shall direct the Comptroller to pay a specified 17 amount to the district by the 30th day of September, 18 December, March, June, or August, respectively. However, 19 notwithstanding any other provisions of this Section or the 20 School Code, beginning with Fiscal Year 1994 and each fiscal 21 year thereafter, if the amount appropriated for any fiscal 22 year is less than the amount required for purposes of this 23 Section, the amount required to eliminate any insufficient 24 reimbursement for each district claim under this Section 25 shall be reimbursed on August 30 of the next fiscal year. 26 Payments required to eliminate any insufficiency for prior 27 fiscal year claims shall be made before any claims are paid 28 for the current fiscal year. 29 The claim of a school district otherwise eligible to be 30 reimbursed in accordance with Section 14-12.01 for the 31 1976-77 school year but for this amendatory Act of 1977 shall 32 not be paid unless the district ceases to maintain such 33 classes for one entire school year. 34 If a school district's current reimbursement payment for HB4101 Engrossed -5- LRB9215541NTdv 1 the 1977-78 school year only is less than the prior year's 2 reimbursement payment owed, the district shall be paid the 3 amount of the difference between the payments in addition to 4 the current reimbursement payment, and the amount so paid 5 shall be subtracted from the amount of prior year's 6 reimbursement payment owed to the district. 7 Regional superintendents may operate special education 8 classes for children from orphanages, foster family homes, 9 children's homes or State housing units located within the 10 educational services region upon consent of the school board 11 otherwise so obligated. In electing to assume the powers and 12 duties of a school district in providing and maintaining such 13 a special education program, the regional superintendent may 14 enter into joint agreements with other districts and may 15 contract with public or private schools or the orphanage, 16 foster family home, children's home or State housing unit for 17 provision of the special education program. The regional 18 superintendent exercising the powers granted under this 19 Section shall claim the reimbursement authorized by this 20 Section directly from the State Board of Education. 21 Any child who is not a resident of Illinois who is placed 22 in a child welfare institution, private facility, foster 23 family home, State operated program, orphanage or children's 24 home shall have the payment for his educational tuition and 25 any related services assured by the placing agent. 26 Commencing July 1, 1992, for each disabled student who is 27 placed residentially by a State agency or the courts for care 28 or custody or both care and custody, welfare, medical or 29 mental health treatment or both medical and mental health 30 treatment, rehabilitation, and protection, whether placed 31 there on, before, or after July 1, 1992, the costs for 32 educating the student are eligible for reimbursement under 33 this Section providing the placing agency or court has 34 notified the appropriate school district authorities of the HB4101 Engrossed -6- LRB9215541NTdv 1 status of student residency where applicable prior to or upon 2 placement. 3 The district of residence of the parent, guardian, or 4 disabled student as defined in Sections 14-1.11 and 14-1.11a 5 is responsible for the actual costs of the student's special 6 education program and is eligible for reimbursement under 7 this Section when placement is made by a State agency or the 8 courts. Payments shall be made by the resident district to 9 the district wherein the facility is located no less than 10 once per quarter unless otherwise agreed to in writing by the 11 parties. 12 When a dispute arises over the determination of the 13 district of residence, the district or districts may appeal 14 the decision in writing to the State Superintendent of 15 Education. The decision of the State Superintendent of 16 Education shall be final. 17 In the event a district does not make a tuition payment 18 to another district that is providing the special education 19 program and services, the State Board of Education shall 20 immediately withhold 125% of the then remaining annual 21 tuition cost from the State aid or categorical aid payment 22 due to the school district that is determined to be the 23 resident school district. All funds withheld by the State 24 Board of Education shall immediately be forwarded to the 25 school district where the student is being served. 26 When a child eligible for services under this Section 27 14-7.03 must be placed in a nonpublic facility, that facility 28 shall meet the programmatic requirements of Section 14-7.02 29 and its regulations, and the educational services shall be 30 funded only in accordance with this Section 14-7.03. 31 (Source: P.A. 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 32 89-698, eff. 1-14-97; 90-463, eff. 8-17-97; 90-644, eff. 33 7-24-98.) HB4101 Engrossed -7- LRB9215541NTdv 1 Section 99. Effective date. This Act takes effect on 2 July 1, 2002.