Public Act 093-0609
Public Act 93-0609 of the 93rd General Assembly
Public Act 93-0609
SB1333 Enrolled LRB093 02175 NHT 10908 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Sections 14-7.03 and 18-3 as follows:
(105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
Sec. 14-7.03. Special Education Classes for Children from
Orphanages, Foster Family Homes, Children's Homes, or in
State Housing Units. If a school district maintains special
education classes on the site of orphanages and children's
homes, or if children from the orphanages, children's homes,
foster family homes, other State agencies, or State
residential units for children attend classes for children
with disabilities in which the school district is a
participating member of a joint agreement, or if the children
from the orphanages, children's homes, foster family homes,
other State agencies, or State residential units attend
classes for the children with disabilities maintained by the
school district, then reimbursement shall be paid to eligible
districts in accordance with the provisions of this Section
by the Comptroller as directed by the State Superintendent of
Education.
The amount of tuition for such children shall be
determined by the actual cost of maintaining such classes,
using the per capita cost formula set forth in Section
14-7.01, such program and cost to be pre-approved by the
State Superintendent of Education.
On forms prepared by the State Superintendent of
Education, the district shall certify to the regional
superintendent the following:
(1) The name of the home or State residential unit
with the name of the owner or proprietor and address of
those maintaining it;
(2) That no service charges or other payments
authorized by law were collected in lieu of taxes
therefrom or on account thereof during either of the
calendar years included in the school year for which
claim is being made;
(3) The number of children qualifying under this
Act in special education classes for instruction on the
site of the orphanages and children's homes;
(4) The number of children attending special
education classes for children with disabilities in which
the district is a participating member of a special
education joint agreement;
(5) The number of children attending special
education classes for children with disabilities
maintained by the district;
(6) The computed amount of tuition payment claimed
as due, as approved by the State Superintendent of
Education, for maintaining these classes.
If a school district makes a claim for reimbursement
under Section 18-3 or 18-4 of this Act it shall not include
in any claim filed under this Section a claim for such
children. Payments authorized by law, including State or
federal grants for education of children included in this
Section, shall be deducted in determining the tuition amount.
Nothing in this Act shall be construed so as to prohibit
reimbursement for the tuition of children placed in for
profit facilities. Private facilities shall provide adequate
space at the facility for special education classes provided
by a school district or joint agreement for children with
disabilities who are residents of the facility at no cost to
the school district or joint agreement upon request of the
school district or joint agreement. If such a private
facility provides space at no cost to the district or joint
agreement for special education classes provided to children
with disabilities who are residents of the facility, the
district or joint agreement shall not include any costs for
the use of those facilities in its claim for reimbursement.
Reimbursement for tuition may include the cost of
providing summer school programs for children with severe and
profound disabilities served under this Section. Claims for
that reimbursement shall be filed by November 1 and shall be
paid on or before December 15 from appropriations made for
the purposes of this Section.
The State Board of Education shall establish such rules
and regulations as may be necessary to implement the
provisions of this Section.
Claims filed on behalf of programs operated under this
Section housed in a jail, detention center, or county-owned
shelter care facility shall be on an individual student basis
only for eligible students with disabilities. These claims
shall be in accordance with applicable rules.
Each district claiming reimbursement for a program
operated as a group program shall have an approved budget on
file with the State Board of Education prior to the
initiation of the program's operation. On September 30,
December 31, and March 31, the State Board of Education shall
voucher payments to group programs based upon the approved
budget during the year of operation. Final claims for group
payments shall be filed on or before July 15. Final claims
for group programs received at the State Board of Education
on or before June 15 shall be vouchered by June 30. Final
claims received at the State Board of Education between June
16 and July 15 shall be vouchered by August 30. Claims for
group programs received after July 15 shall not be honored.
Each district claiming reimbursement for individual
students shall have the eligibility of those students
verified by the State Board of Education. On September 30,
December 31, and March 31, the State Board of Education shall
voucher payments for individual students based upon an
estimated cost calculated from the prior year's claim. Final
claims for individual students for the regular school term
must be received at the State Board of Education by July 15.
Claims for individual students received after July 15 shall
not be honored. Final claims for individual students shall be
vouchered by August 30.
Reimbursement shall be made based upon approved group
programs or individual students. The State Superintendent of
Education shall direct the Comptroller to pay a specified
amount to the district by the 30th day of September,
December, March, June, or August, respectively. However,
notwithstanding any other provisions of this Section or the
School Code, beginning with fiscal year 1994 and each fiscal
year thereafter through fiscal year 2002, if the amount
appropriated for any fiscal year is less than the amount
required for purposes of this Section, the amount required to
eliminate any insufficient reimbursement for each district
claim under this Section shall be reimbursed on August 30 of
the next fiscal year., and the Payments required to eliminate
any insufficiency for prior fiscal year claims shall be made
before any claims are paid for the current fiscal year.
Notwithstanding any other provision of this Section or this
Code, beginning with fiscal year 2003, total reimbursement
under this Section in any fiscal year is limited to the
amount appropriated for that purpose for that fiscal year,
and if the amount appropriated for any fiscal year is less
than the amount required for purposes of this Section, the
insufficiency shall be apportioned pro rata among the school
districts seeking reimbursement.
The claim of a school district otherwise eligible to be
reimbursed in accordance with Section 14-12.01 for the
1976-77 school year but for this amendatory Act of 1977 shall
not be paid unless the district ceases to maintain such
classes for one entire school year.
If a school district's current reimbursement payment for
the 1977-78 school year only is less than the prior year's
reimbursement payment owed, the district shall be paid the
amount of the difference between the payments in addition to
the current reimbursement payment, and the amount so paid
shall be subtracted from the amount of prior year's
reimbursement payment owed to the district.
Regional superintendents may operate special education
classes for children from orphanages, foster family homes,
children's homes or State housing units located within the
educational services region upon consent of the school board
otherwise so obligated. In electing to assume the powers and
duties of a school district in providing and maintaining such
a special education program, the regional superintendent may
enter into joint agreements with other districts and may
contract with public or private schools or the orphanage,
foster family home, children's home or State housing unit for
provision of the special education program. The regional
superintendent exercising the powers granted under this
Section shall claim the reimbursement authorized by this
Section directly from the State Board of Education.
Any child who is not a resident of Illinois who is placed
in a child welfare institution, private facility, foster
family home, State operated program, orphanage or children's
home shall have the payment for his educational tuition and
any related services assured by the placing agent.
Commencing July 1, 1992, for each disabled student who is
placed residentially by a State agency or the courts for care
or custody or both care and custody, welfare, medical or
mental health treatment or both medical and mental health
treatment, rehabilitation, and protection, whether placed
there on, before, or after July 1, 1992, the costs for
educating the student are eligible for reimbursement under
this Section providing the placing agency or court has
notified the appropriate school district authorities of the
status of student residency where applicable prior to or upon
placement.
The district of residence of the parent, guardian, or
disabled student as defined in Sections 14-1.11 and 14-1.11a
is responsible for the actual costs of the student's special
education program and is eligible for reimbursement under
this Section when placement is made by a State agency or the
courts. Payments shall be made by the resident district to
the district wherein the facility is located no less than
once per quarter unless otherwise agreed to in writing by the
parties.
When a dispute arises over the determination of the
district of residence, the district or districts may appeal
the decision in writing to the State Superintendent of
Education. The decision of the State Superintendent of
Education shall be final.
In the event a district does not make a tuition payment
to another district that is providing the special education
program and services, the State Board of Education shall
immediately withhold 125% of the then remaining annual
tuition cost from the State aid or categorical aid payment
due to the school district that is determined to be the
resident school district. All funds withheld by the State
Board of Education shall immediately be forwarded to the
school district where the student is being served.
When a child eligible for services under this Section
14-7.03 must be placed in a nonpublic facility, that facility
shall meet the programmatic requirements of Section 14-7.02
and its regulations, and the educational services shall be
funded only in accordance with this Section 14-7.03.
(Source: P.A. 92-597, eff. 7-1-02; 92-877, eff. 1-7-03.)
(105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
Sec. 18-3. Tuition of children from orphanages and
children's homes.
When the children from any home for orphans, dependent,
abandoned or maladjusted children maintained by any
organization or association admitting to such home children
from the State in general or when children residing in a
school district wherein the State of Illinois maintains and
operates any welfare or penal institution on property owned
by the State of Illinois, which contains houses, housing
units or housing accommodations within a school district,
attend grades kindergarten through 12 of the public schools
maintained by that school district, the State Superintendent
of Education shall direct the State Comptroller to pay a
specified amount sufficient to pay the annual tuition cost of
such children who attended such public schools during the
regular school year ending on June 30 or the summer term for
that school year, and the Comptroller shall pay the amount
after receipt of a voucher submitted by the State
Superintendent of Education.
The amount of the tuition for such children attending the
public schools of the district shall be determined by the
State Superintendent of Education by multiplying the number
of such children in average daily attendance in such schools
by 1.2 times the total annual per capita cost of
administering the schools of the district. Such total annual
per capita cost shall be determined by totaling all expenses
of the school district in the educational, operations and
maintenance, bond and interest, transportation, Illinois
municipal retirement, and rent funds for the school year
preceding the filing of such tuition claims less expenditures
not applicable to the regular K-12 program, less offsetting
revenues from State sources except those from the common
school fund, less offsetting revenues from federal sources
except those from federal impaction aid, less student and
community service revenues, plus a depreciation allowance;
and dividing such total by the average daily attendance for
the year.
Annually on or before June 30 the superintendent of the
district upon forms prepared by the State Superintendent of
Education shall certify to the regional superintendent the
following:
1. The name of the home and of the organization or
association maintaining it; or the legal description of
the real estate upon which the house, housing units, or
housing accommodations are located and that no taxes or
service charges or other payments authorized by law to be
made in lieu of taxes were collected therefrom or on
account thereof during either of the calendar years
included in the school year for which claim is being
made;
2. The number of children from the home or living
in such houses, housing units or housing accommodations
and attending the schools of the district;
3. The total number of children attending the
schools of the district;
4. The per capita tuition charge of the district;
and
5. The computed amount of the tuition payment
claimed as due.
Whenever the persons in charge of such home for orphans,
dependent, abandoned or maladjusted children have received
from the parent or guardian of any such child or by virtue of
an order of court a specific allowance for educating such
child, such persons shall pay to the school board in the
district where the child attends school such amount of the
allowance as is necessary to pay the tuition required by such
district for the education of the child. If the allowance is
insufficient to pay the tuition in full the State
Superintendent of Education shall direct the Comptroller to
pay to the district the difference between the total tuition
charged and the amount of the allowance.
Whenever the facilities of a school district in which
such house, housing units or housing accommodations are
located, are limited, pupils may be assigned by that district
to the schools of any adjacent district to the limit of the
facilities of the adjacent district to properly educate such
pupils as shall be determined by the school board of the
adjacent district, and the State Superintendent of Education
shall direct the Comptroller to pay a specified amount
sufficient to pay the annual tuition of the children so
assigned to and attending public schools in the adjacent
districts and the Comptroller shall draw his warrant upon the
State Treasurer for the payment of such amount for the
benefit of the adjacent school districts in the same manner
as for districts in which the houses, housing units or
housing accommodations are located.
The school district shall certify to the State
Superintendent of Education the report of claims due for such
tuition payments on or before July 31. Failure on the part of
the school board to certify its claim on July 31 shall
constitute a forfeiture by the district of its right to the
payment of any such tuition claim for the school year. The
State Superintendent of Education shall direct the
Comptroller to pay to the district, on or before August 15,
the amount due the district for the school year in accordance
with the calculation of the claim as set forth in this
Section.
Claims for tuition for children from any home for orphans
or dependent, abandoned, or maladjusted children beginning
with the 1993-1994 school year shall be paid on a current
year basis. On September 30, December 31, and March 31, the
State Board of Education shall voucher payments for districts
with those students based on an estimated cost calculated
from the prior year's claim. Final claims for those students
for the regular school term and summer term must be received
at the State Board of Education by July 31 following the end
of the regular school year. Final claims for those students
shall be vouchered by August 15. During fiscal year 1994
both the 1992-1993 school year and the 1993-1994 school year
shall be paid in order to change the cycle of payment from a
reimbursement basis to a current year funding basis of
payment. However, notwithstanding any other provisions of
this Section or the School Code, beginning with fiscal year
1994 and each fiscal year thereafter through fiscal year
2002, if the amount appropriated for any fiscal year is less
than the amount required for purposes of this Section, the
amount required to eliminate any insufficient reimbursement
for each district claim under this Section shall be
reimbursed on August 30 of the next fiscal year., and the
Payments required to eliminate any insufficiency for prior
fiscal year claims shall be made before any claims are paid
for the current fiscal year. Notwithstanding any other
provision of this Section or this Code, beginning with fiscal
year 2003, total reimbursement under this Section in any
fiscal year is limited to the amount appropriated for that
purpose for that fiscal year, and if the amount appropriated
for any fiscal year is less than the amount required for
purposes of this Section, the insufficiency shall be
apportioned pro rata among the school districts seeking
reimbursement.
If a school district makes a claim for reimbursement
under Section 18-4 or 14-7.03 it shall not include in any
claim filed under this Section children residing on the
property of State institutions included in its claim under
Section 18-4 or 14-7.03.
Any child who is not a resident of Illinois who is placed
in a child welfare institution, private facility, State
operated program, orphanage or children's home shall have the
payment for his educational tuition and any related services
assured by the placing agent.
In order to provide services appropriate to allow a
student under the legal guardianship or custodianship of the
State to participate in local school district educational
programs, costs may be incurred in appropriate cases by the
district that are in excess of 1.2 times the district per
capita tuition charge allowed under the provisions of this
Section. In the event such excess costs are incurred, they
must be documented in accordance with cost rules established
under the authority of this Section and may then be claimed
for reimbursement under this Section.
Planned services for students eligible for this funding
must be a collaborative effort between the appropriate State
agency or the student's group home or institution and the
local school district.
(Source: P.A. 91-764, eff. 6-9-00; 92-94, eff. 1-1-02;
92-597, eff. 7-1-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 11/20/2003
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