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| Public Act 096-0257 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
14-1.10 and 14-13.01 as follows:
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(105 ILCS 5/14-1.10) (from Ch. 122, par. 14-1.10)
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Sec. 14-1.10. Qualified Professional worker. "Qualified | ||||
Professional worker" means a trained specialist and includes a | ||||
behavior analyst, certificated school nurse, professional | ||||
consultant, registered therapist, school nurse intern, school | ||||
counselor, school counselor intern, school psychologist, | ||||
school psychologist intern, school social worker, school | ||||
social worker intern, special administrator or supervisor | ||||
giving full time to special education, speech language | ||||
pathologist, speech language pathologist intern, and teacher | ||||
of students with IEPs who meets the requirements of this | ||||
Article, who has the required special training in the | ||||
understandings, techniques, and special instructional | ||||
strategies for children with disabilities and who delivers | ||||
services to students with IEPs, and any other trained | ||||
specialist set forth by the State Board of Education in rules. , | ||||
and is
limited to speech correctionist, school social worker, | ||||
school counselor, school
psychologist, psychologist intern, | ||||
school nurse intern, school social
worker intern, school | ||
counselor intern, certificated school nurse, special
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administrator intern, registered therapist, professional | ||
consultant,
special administrator or supervisor giving full | ||
time to special
education, behavior analyst, and teacher of any | ||
class or program defined in this Article
who meets the | ||
requirements of this Article, who has the required special
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training in the understandings, techniques, and special | ||
methods of
instruction for children who because of their | ||
disabling
conditions
are placed in any program provided for in | ||
this Article, and who works in
such program.
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(Source: P.A. 94-948, eff. 1-1-07; 95-363, eff. 8-23-07.)
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(105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
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Sec. 14-13.01. Reimbursement payable by State; amounts for | ||
personnel and transportation Amounts. Reimbursement for | ||
furnishing special educational facilities in a
recognized | ||
school to the type of children defined in Section 14-1.02
shall | ||
be paid to the school districts in accordance with Section | ||
14-12.01
for each school year ending June 30 by the State | ||
Comptroller out of any money
in the treasury appropriated for | ||
such purposes on the presentation of vouchers
by the State | ||
Board of Education.
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The reimbursement shall be limited to funds expended for | ||
construction
and maintenance of special education facilities | ||
designed and utilized to
house instructional programs, | ||
diagnostic services, other special
education services for | ||
children with disabilities and
reimbursement as
provided in | ||
Section 14-13.01. There shall be no reimbursement for
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construction and maintenance of any administrative facility | ||
separated
from special education facilities designed and | ||
utilized to house
instructional programs, diagnostic services | ||
and other special education
services for children with | ||
disabilities.
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(a) For staff working on behalf of children who have not | ||
been identified as eligible for special
education and for | ||
eligible children with physical
disabilities, including all
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eligible children whose placement has been determined under | ||
Section 14-8.02 in
hospital or home instruction, 1/2 of the | ||
teacher's salary but not more than
$1,000 annually per child or | ||
$8,000 per teacher for the 1985-1986 school year through the | ||
2005-2006 school year and $1,000 per child or $9,000 per | ||
teacher for the 2006-2007 school year and for each school year
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thereafter, whichever is less. To qualify for home or hospital | ||
instruction, a child must, due to a medical condition, be | ||
unable to attend school, and instead must be instructed at home | ||
or in the hospital, for a period of 2 or more consecutive weeks | ||
or on an ongoing intermittent basis. In order to establish | ||
eligibility for home or hospital services, a student's parent | ||
or guardian must submit to the child's school district of | ||
residence a written statement from a physician licensed to | ||
practice medicine in all of its branches stating the existence | ||
of such medical condition, the impact on the child's ability to | ||
participate in education, and the anticipated duration or | ||
nature of the child's absence from school. Eligible children | ||
Children
to be included in any reimbursement under this | ||
paragraph must regularly
receive a minimum of one hour of | ||
instruction each school day, or in lieu
thereof of a minimum of | ||
5 hours of instruction in each school week in
order to qualify | ||
for full reimbursement under this Section. If the
attending | ||
physician for such a child has certified that the child should
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not receive as many as 5 hours of instruction in a school week, | ||
however,
reimbursement under this paragraph on account of that | ||
child shall be
computed proportionate to the actual hours of | ||
instruction per week for
that child divided by 5. The State | ||
Board of Education shall establish rules governing the required | ||
qualifications of staff providing home or hospital | ||
instruction.
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(b) For children described in Section 14-1.02, 80% 4/5 of | ||
the cost of
transportation approved as a related service in the | ||
Individualized Education Program for each student for each such | ||
child, whom the State Superintendent of
Education determined in | ||
advance requires special transportation service
in order to | ||
take advantage of special educational facilities.
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Transportation costs shall be determined in the same fashion as | ||
provided
in Section 29-5. For purposes of this subsection (b), | ||
the dates for
processing claims specified in Section 29-5 shall | ||
apply.
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(c) For each qualified professional worker excluding those | ||
included in
subparagraphs (a), (d), (e), and (f) of this | ||
Section, the annual sum of
$8,000 for the 1985-1986 school year | ||
through the 2005-2006 school year and $9,000 for the 2006-2007 | ||
school year and for each school year thereafter.
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(d) For one full time qualified director of the special | ||
education
program of each school district which maintains a | ||
fully approved program
of special education the annual sum of | ||
$8,000 for the 1985-1986 school
year through the 2005-2006 | ||
school year and $9,000 for the 2006-2007 school year and for | ||
each school year thereafter. Districts participating in a joint | ||
agreement special
education program shall not receive such | ||
reimbursement if reimbursement is made
for a director of the | ||
joint agreement program.
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(e) (Blank). For each school psychologist as defined in | ||
Section 14-1.09 the
annual sum of $8,000 for the 1985-1986 | ||
school year through the 2005-2006 school year and $9,000 for | ||
the 2006-2007 school year and for each school year thereafter.
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(f) (Blank). For each qualified teacher working in a fully | ||
approved program
for children of preschool age who are deaf or | ||
hard-of-hearing the annual
sum of $8,000 for the 1985-1986 | ||
school year through the 2005-2006 school year and $9,000 for | ||
the 2006-2007 school year and for each school year thereafter.
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(g) For readers, working with blind or partially seeing | ||
children 1/2
of their salary but not more than $400 annually | ||
per child. Readers may
be employed to assist such children and | ||
shall not be required to be
certified but prior to employment | ||
shall meet standards set up by the
State Board of Education.
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(h) For necessary non-certified employees, as defined by | ||
rules promulgated by the State Board of Education, who deliver | ||
services to students with IEPs working in any class or
program | ||
for children defined in this Article, 1/2 of the salary paid or
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$2,800 annually per employee through the 2005-2006 school year | ||
and $3,500 per employee for the 2006-2007 school year and for | ||
each school year thereafter, whichever is less.
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The State Board of Education shall set standards and | ||
prescribe rules
for determining the allocation of | ||
reimbursement under this section on
less than a full time basis | ||
and for less than a school year.
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When any school district eligible for reimbursement under | ||
this
Section operates a school or program approved by the State
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Superintendent of Education for a number of days in excess of | ||
the
adopted school calendar but not to exceed 235 school days, | ||
such
reimbursement shall be increased by 1/180 of the amount or | ||
rate paid
hereunder for each day such school is operated in | ||
excess of 180 days per
calendar year.
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Notwithstanding any other provision of law, any school | ||
district receiving
a payment under this Section or under | ||
Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify | ||
all or a portion of the funds that it receives
in a particular | ||
fiscal year or from general State aid pursuant to Section
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18-8.05 of this Code as
funds received in connection with any | ||
funding program for which it is
entitled to receive funds from | ||
the State in that fiscal year (including,
without limitation, | ||
any funding program referenced in this Section),
regardless of | ||
the source or timing of the receipt. The district may not
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classify more funds as funds received in connection with the | ||
funding
program than the district is entitled to receive in | ||
that fiscal year for that
program. Any
classification by a | ||
district must be made by a resolution of its board of
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education. The resolution must identify the amount of any | ||
payments or
general State aid to be classified under this | ||
paragraph and must specify
the funding program to which the | ||
funds are to be treated as received in
connection therewith. | ||
This resolution is controlling as to the
classification of | ||
funds referenced therein. A certified copy of the
resolution | ||
must be sent to the State Superintendent of Education.
The | ||
resolution shall still take effect even though a copy of the | ||
resolution has
not been sent to the State
Superintendent of | ||
Education in a timely manner.
No
classification under this | ||
paragraph by a district shall affect the total amount
or timing | ||
of money the district is entitled to receive under this Code.
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No classification under this paragraph by a district shall
in | ||
any way relieve the district from or affect any
requirements | ||
that otherwise would apply with respect to
that funding | ||
program, including any
accounting of funds by source, reporting | ||
expenditures by
original source and purpose,
reporting | ||
requirements,
or requirements of providing services.
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(Source: P.A. 95-415, eff. 8-24-07; 95-707, eff. 1-11-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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