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92_HB5739eng HB5739 Engrossed LRB9215326ACcd 1 AN ACT relating to education. 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. 23 The amount of tuition for such children shall be 24 determined by the actual cost of maintaining such classes, 25 using the per capita cost formula set forth in Section 26 14-7.01, such program and cost to be pre-approved by the 27 State Superintendent of Education. 28 On forms prepared by the State Superintendent of 29 Education, the district shall certify to the regional 30 superintendent the following: 31 (1) The name of the home or State residential unit HB5739 Engrossed -2- LRB9215326ACcd 1 with the name of the owner or proprietor and address of 2 those maintaining it; 3 (2) That no service charges or other payments 4 authorized by law were collected in lieu of taxes 5 therefrom or on account thereof during either of the 6 calendar years included in the school year for which 7 claim is being made; 8 (3) The number of children qualifying under this 9 Act in special education classes for instruction on the 10 site of the orphanages and children's homes; 11 (4) The number of children attending special 12 education classes for children with disabilities in which 13 the district is a participating member of a special 14 education joint agreement; 15 (5) The number of children attending special 16 education classes for children with disabilities 17 maintained by the district; 18 (6) The computed amount of tuition payment claimed 19 as due, as approved by the State Superintendent of 20 Education, for maintaining these classes. 21 If a school district makes a claim for reimbursement 22 under Section 18-3 or 18-4 of this Act it shall not include 23 in any claim filed under this Section a claim for such 24 children. Payments authorized by law, including State or 25 federal grants for education of children included in this 26 Section, shall be deducted in determining the tuition amount. 27 Nothing in this Act shall be construed so as to prohibit 28 reimbursement for the tuition of children placed in for 29 profit facilities. Private facilities shall provide adequate 30 space at the facility for special education classes provided 31 by a school district or joint agreement for children with 32 disabilities who are residents of the facility at no cost to 33 the school district or joint agreement upon request of the 34 school district or joint agreement. If such a private HB5739 Engrossed -3- LRB9215326ACcd 1 facility provides space at no cost to the district or joint 2 agreement for special education classes provided to children 3 with disabilities who are residents of the facility, the 4 district or joint agreement shall not include any costs for 5 the use of those facilities in its claim for reimbursement. 6 Reimbursement for tuition may include the cost of 7 providing summer school programs for children with severe and 8 profound disabilities served under this Section. Claims for 9 that reimbursement shall be filed by November 1 and shall be 10 paid on or before December 15 from appropriations made for 11 the purposes of this Section. 12 The State Board of Education shall establish such rules 13 and regulations as may be necessary to implement the 14 provisions of this Section. 15 Claims filed on behalf of programs operated under this 16 Section housed in a jail or detention center shall be on an 17 individual student basis only for eligible students with 18 disabilities. These claims shall be in accordance with 19 applicable rules. 20 Each district claiming reimbursement for a program 21 operated as a group program shall have an approved budget on 22 file with the State Board of Education prior to the 23 initiation of the program's operation. On September 30, 24 December 31, and March 31, the State Board of Education shall 25 voucher payments to group programs based upon the approved 26 budget during the year of operation. Final claims for group 27 payments shall be filed on or before July 15. Final claims 28 for group programs received at the State Board of Education 29 on or before June 15 shall be vouchered by June 30. Final 30 claims received at the State Board of Education between June 31 16 and July 15 shall be vouchered by August 30. Claims for 32 group programs received after July 15 shall not be honored. 33 Each district claiming reimbursement for individual 34 students shall have the eligibility of those students HB5739 Engrossed -4- LRB9215326ACcd 1 verified by the State Board of Education. On September 30, 2 December 31, and March 31, the State Board of Education shall 3 voucher payments for individual students based upon an 4 estimated cost calculated from the prior year's claim. Final 5 claims for individual students for the regular school term 6 must be received at the State Board of Education by July 15. 7 Claims for individual students received after July 15 shall 8 not be honored. Final claims for individual students shall be 9 vouchered by August 30. 10 Reimbursement shall be made based upon approved group 11 programs or individual students. The State Superintendent of 12 Education shall direct the Comptroller to pay a specified 13 amount to the district by the 30th day of September, 14 December, March, June, or August, respectively. However, 15 notwithstanding any other provisions of this Section or the 16 School Code, beginning with Fiscal Year 1994 and each fiscal 17 year thereafter, if the amount appropriated for any fiscal 18 year is less than the amount required for purposes of this 19 Section, the amount required to eliminate any insufficient 20 reimbursement for each district claim under this Section 21 shall be reimbursed on August 30 of the next fiscal year. 22 Payments required to eliminate any insufficiency for prior 23 fiscal year claims shall be made before any claims are paid 24 for the current fiscal year. 25 The claim of a school district otherwise eligible to be 26 reimbursed in accordance with Section 14-12.01 for the 27 1976-77 school year but for this amendatory Act of 1977 shall 28 not be paid unless the district ceases to maintain such 29 classes for one entire school year. 30 If a school district's current reimbursement payment for 31 the 1977-78 school year only is less than the prior year's 32 reimbursement payment owed, the district shall be paid the 33 amount of the difference between the payments in addition to 34 the current reimbursement payment, and the amount so paid HB5739 Engrossed -5- LRB9215326ACcd 1 shall be subtracted from the amount of prior year's 2 reimbursement payment owed to the district. 3 Regional superintendents may operate special education 4 classes for children from orphanages, foster family homes, 5 children's homes or State housing units located within the 6 educational services region upon consent of the school board 7 otherwise so obligated. In electing to assume the powers and 8 duties of a school district in providing and maintaining such 9 a special education program, the regional superintendent may 10 enter into joint agreements with other districts and may 11 contract with public or private schools or the orphanage, 12 foster family home, children's home or State housing unit for 13 provision of the special education program. The regional 14 superintendent exercising the powers granted under this 15 Section shall claim the reimbursement authorized by this 16 Section directly from the State Board of Education. 17 Any child who is not a resident of Illinois who is placed 18 in a child welfare institution, private facility, foster 19 family home, State operated program, orphanage or children's 20 home shall have the payment for his educational tuition and 21 any related services assured by the placing agent. 22 Commencing July 1, 1992, for each disabled student who is 23 placed residentially by a State agency or the courts for care 24 or custody or both care and custody, welfare, medical or 25 mental health treatment or both medical and mental health 26 treatment, rehabilitation, and protection, whether placed 27 there on, before, or after July 1, 1992, the costs for 28 educating the student are eligible for reimbursement under 29 this Section providing the placing agency or court has 30 notified the appropriate school district authorities of the 31 status of student residency where applicable prior to or upon 32 placement. 33 The district of residence of the parent, guardian, or 34 disabled student as defined in Sections 14-1.11 and 14-1.11a HB5739 Engrossed -6- LRB9215326ACcd 1 is responsible for the actual costs of the student's special 2 education program and is eligible for reimbursement under 3 this Section when placement is made by a State agency or the 4 courts. Payments shall be made by the resident district to 5 the district wherein the facility is located no less than 6 once per quarter unless otherwise agreed to in writing by the 7 parties. 8 When a dispute arises over the determination of the 9 district of residence, the district or districts may appeal 10 the decision in writing to the State Superintendent of 11 Education. The decision of the State Superintendent of 12 Education shall be final. 13 In the event a district does not make a tuition payment 14 to another district that is providing the special education 15 program and services, the State Board of Education shall 16 immediately withhold 125% of the then remaining annual 17 tuition cost from the State aid or categorical aid payment 18 due to the school district that is determined to be the 19 resident school district. All funds withheld by the State 20 Board of Education shall immediately be forwarded to the 21 school district where the student is being served. 22 When a child eligible for services under this Section 23 14-7.03 must be placed in a nonpublic facility, that facility 24 shall meet the programmatic requirements of Section 14-7.02 25 and its regulations, and the educational services shall be 26 funded only in accordance with this Section 14-7.03. 27 Administrative expenses incurred by a responsible school 28 district, as defined by rule, for children whose residence is 29 other than a foster family home and who are educationally 30 placed pursuant to Section 14-7.02 of this Code are 31 reimbursable in accordance with this Section. These 32 administrative expenses must be associated with supervisory 33 and case coordination responsibilities specific to these 34 eligible students. HB5739 Engrossed -7- LRB9215326ACcd 1 (Source: P.A. 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 2 89-698, eff. 1-14-97; 90-463, eff. 8-17-97; 90-644, eff. 3 7-24-98.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.