Public Act 90-0463 of the 90th General Assembly
Public Act 90-0463
HB0754 Enrolled LRB9003466THpk
AN ACT relating to education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.449 as follows:
(30 ILCS 105/5.449 new)
Sec. 5.449. The School Technology Revolving Fund.
Section 10. The School Code is amended by adding
Sections 2-3.120 and 2-3.121 and changing Sections 14-7.03,
14A-5, 14C-12, and 18-3 as follows:
(105 ILCS 5/2-3.120 new)
Sec. 2-3.120. Non-Public school students' access to
technology.
(a) The General Assembly finds and declares that the
Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the
educational development of all persons to the limit of their
capacities", and that the educational development of every
elementary and secondary school student serves the public
purposes of the State. In order to enable Illinois students
to leave school with the basic skills and knowledge that will
enable them to find and hold jobs and otherwise function as
productive members of society in the 21st Century, all
students must have access to the vast educational resources
provided by computers. The provisions of this Section are in
the public interest, for the public benefit, and serve a
secular public purpose.
(b) The State Board of Education shall provide
non-public schools with ports to the Board's statewide
educational network, provided that this access does not
diminish the services available to public schools and
students. The State Board of Education shall charge for this
access in an amount necessary to offset its cost. Amounts
received by the State Board of Education under this Section
shall be deposited in the School Technology Revolving Fund as
described in Section 2-3.121. The statewide network may be
used only for secular educational purposes.
(c) For purposes of this Section, a non-public school
means any non-profit, non-home-based, non-public elementary
or secondary school that is in compliance with Title VI of
the Civil Rights Act of 1964, and attendance at which
satisfies the requirements of Section 26-1 of the School
Code.
(105 ILCS 5/2-3.121 new)
Sec. 2-3.121. School Technology Revolving Fund. The
School Technology Revolving Fund shall be established as a
special fund within the State Treasury. The State Board of
Education shall deposit amounts received under Section
2-3.117 and 2-3.120 into this fund, which shall be used for
appropriations to the State Board of Education for the
purposes described in those Sections.
(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 or detention center 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 August 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 August 15 shall be vouchered by August
September 30. Claims for group programs received after July
August 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
August 15. Claims for individual students received after
July August 15 shall not be honored. Final claims for
individual students shall be vouchered by August September
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 September, respectively.
However, notwithstanding any other provisions of this Section
or the School Code, beginning with Fiscal Year 1994 and each
fiscal year thereafter, 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 September 30 of the
next fiscal year. Payments required to eliminate any
insufficiency for prior fiscal year claims shall be made
before any claims are paid for the current fiscal year.
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.
(Source: P.A. 88-9; 88-491; 88-575, eff. 8-12-94; 88-641,
eff. 9-9-94; 88-670, eff. 12-2-94; 89-235, eff. 8-4-95;
89-397, eff. 8-20-95; 89-698, eff. 1-14-97.)
(105 ILCS 5/14A-5) (from Ch. 122, par. 14A-5)
Sec. 14A-5. Reimbursement for services and materials.
Pursuant to regulations of the State Board of Education
proposed programs for gifted children may be submitted to the
Council by a school district, 2 or more cooperating school
districts, a county, or 2 or more cooperating counties. Such
proposals shall include a statement of the qualifications and
duties of the personnel required in the fields of diagnostic,
counseling and consultative services and the educational
materials necessary.
Upon receipt of such proposals the Council shall evaluate
them and if found to contribute to the development of a State
plan to increase the service of the public school in the
field of education of gifted children the Council shall
recommend the acceptance thereof to the State Superintendent
of Education, who may approve the same. Upon the approval of
the district's program, which shall be offered during the
regular school term and may include optional summer school,
the district shall be entitled to reimbursement for the
services and materials required therefor by the method
described in either (a) or (b) as follows:
(a) The number of pupils in average daily attendance in
the district's program, multiplied by one of the following
factors:
The factors for school districts having different
assessed valuations per pupil in average daily attendance for
the prior year shall be:
1. in districts with $20,000 or more;
1.2 in districts with $16,000 but less than $20,000;
1.3 in districts with $12,000 but less than $16,000;
1.4 in districts with $9,000 but less than $12,000;
1.5 in districts with less than $9,000.
In no case shall the claim for reimbursement of any
district exceed the actual cost of such program to the
district nor shall the number of pupils for whom
reimbursement is claimed exceed 5% of the number of pupils in
average daily attendance in the district for the prior year.
(b) For each professional worker, who meets the
established standards for his position, employed in the
district's program at the annual rate of $5,000.
On or before July 10, annually, the president and the
secretary of the district shall certify to the regional
superintendent upon forms prescribed by the State
Superintendent of Education the district's claim for
reimbursement for the school year ended on June 30 next
preceding. The regional superintendent shall check all such
claims to ascertain compliance with the prescribed standards
and upon his approval shall certify not later than July 25 to
the State Superintendent of Education the regional report of
claims for reimbursements. The State Superintendent of
Education shall check and upon approval shall transmit by
September 15 to the State Comptroller the vouchers showing
the amounts due for district reimbursement claims.
Reimbursement shall be paid in the manner provided above in
this paragraph through September 15, 1979. Thereafter,
estimated payments equal to 1/4 of the district's approved
program amount shall be made by the State Comptroller on
November 15, February 15, and May 15 upon submission of
vouchers by the State Superintendent of Education. A final
claim shall be filed with the regional superintendent on or
before July August 10 for approval and transmittal to the
State Superintendent of Education on or before July August
20. Claims received by the State Superintendent of Education
after July August 20 shall not be honored. Upon receipt of
the final claim the State Superintendent shall verify its
accuracy and make a final adjusted payment on September 20.
If the amount appropriated for such reimbursement for any
year is insufficient it shall be apportioned on the basis of
the claims approved.
When any school district eligible for reimbursement under
this Section operates a school for a full year in accordance
with Section 10-19.1 of this Act such reimbursement shall be
increased by 1/185 of the amount or rate paid hereunder for
each day such school is operated in excess of 185 days per
calendar year.
For purposes of calculating claims for reimbursement
under this Section for any school year beginning July 1,
1980, or thereafter, the equalized assessed valuation for a
school district used to compute reimbursement shall be
determined by adding to the real property equalized assessed
valuation for the district an amount computed by dividing the
amount of money received by the district under the provisions
of "An Act in relation to the abolition of ad valorem
personal property tax and the replacement of revenues lost
thereby, and amending and repealing certain Acts and parts of
Acts in connection therewith", certified August 14, 1979, as
amended, by the total tax rate for the district. For purposes
of this subsection, 1976 tax rates shall be used for school
districts in the county of Cook, and 1977 tax rates shall be
used in all other counties. For the 1980-81 school year, for
purposes of computing claims for reimbursement, there shall
be added to the amount derived by the above computation 2/3
of the positive difference between the 1978 corporate
personal property equalized assessed valuation and the amount
of money received by the district under the provisions of "An
Act in relation to the abolition of ad valorem personal
property tax and the replacement of revenues lost thereby,
and amending and repealing certain Acts and parts of Acts in
connection therewith", certified August 14, 1979, as amended,
divided by the total tax rate for the district; and for the
1981-82 school year 1/3 of the positive difference shall be
added.
(Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
89-235, eff. 8-4-95.)
(105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)
Sec. 14C-12. Account of expenditures; Cost report;
Reimbursement. Each school district shall keep an accurate,
detailed and separate account of all monies paid out by it
for the programs in transitional bilingual education required
or permitted by this Article, including transportation costs,
and shall annually report thereon for the school year ending
June 30 indicating the average per pupil expenditure. Each
school district shall be reimbursed for the amount by which
such costs exceed the average per pupil expenditure by such
school district for the education of children of comparable
age who are not in any special education program.
Applications for preapproval for reimbursement for costs
of transitional bilingual education programs must be
submitted to the State Superintendent of Education at least
60 days before a transitional bilingual education program is
started, unless a justifiable exception is granted by the
State Superintendent of Education. Applications shall set
forth a plan for transitional bilingual education established
and maintained in accordance with this Article.
Reimbursement claims for transitional bilingual education
programs shall be made as follows:
Each school district shall claim reimbursement on a
current basis for the first 3 quarters of the fiscal year and
file a final adjusted claim for the school year ended June 30
preceding computed in accordance with rules prescribed by the
State Superintendent's Office with the regional
superintendent of schools, in triplicate, for approval on
forms prescribed by the State Superintendent's Office. Data
used as a basis of reimbursement claims shall be for the
school year ended on June 30 preceding. School districts
shall file estimated claims with the regional superintendent
by October 10, January 10 and April 10 respectively, and file
final adjusted claims by July August 10. Upon receipt of
such quarterly claims the regional superintendent shall
transmit them to the State Superintendent by October 20,
January 20, April 20, and July August 20. The State
Superintendent of Education before approving any such claims
shall determine their accuracy and whether they are based
upon services and facilities provided under approved
programs. Upon approval he shall transmit by November 15,
February 15, May 15, and August September 20 to the
Comptroller the vouchers showing the amounts due for school
district reimbursement claims. Upon receipt of the July
August final adjusted claims the State Superintendent of
Education shall make a final determination of the accuracy of
such claims. If the money appropriated by the General
Assembly for such purpose for any year is insufficient, it
shall be apportioned on the basis of the claims approved.
Failure on the part of the school district to prepare and
certify the final adjusted claims due under this Section on
or before July August 20 of any year, and its failure
thereafter to prepare and certify such report to the regional
superintendent of schools within 10 days after receipt of
notice of such delinquency sent to it by the State
Superintendent of Education by registered mail, shall
constitute a forfeiture by the school district of its right
to be reimbursed by the State under this Section.
(Source: P.A. 88-641, eff. 9-9-94.)
(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
school year ending on June 30, 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 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.
Failure on the part of the school board to certify to the
regional superintendent the claim of the school district for
tuition on account of such children on or before June 30
shall constitute a forfeiture by the district of its right to
the payment of any such tuition claim for the school year
just ended. The regional superintendent shall check and not
later than July 15 31 certify to the State Superintendent of
Education the regional report of claims due for such tuition
payments. The State Superintendent of Education shall direct
the Comptroller to pay to the district, on or before August
September 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 must be received at the State
Board of Education by July 31 following the end of the school
year. Final claims for those students shall be vouchered by
August September 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, 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
September 30 of the next fiscal year. Payments required to
eliminate any insufficiency for prior fiscal year claims
shall be made before any claims are paid for the current
fiscal year.
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.
(Source: P.A. 88-9; 88-491; 88-575, eff. 8-12-94; 88-641,
eff. 9-9-94; 88-670, eff. 12-2-94; 89-235, eff. 8-4-95.)
Section 99. Effective date. This Act takes effect upon
becoming a law.