Public Act 90-0547 of the 90th General Assembly
Public Act 90-0547
SB1072 Re-enrolled LRB9002649THpk
AN ACT to amend the School Code by changing Section
14-8.01.
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
Section 14-8.01 as follows:
(105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
Sec. 14-8.01. Supervision of special education buildings
and facilities. All special educational facilities, building
programs, housing, and all educational programs for the types
of disabled children defined in Section 14-1.02 shall be
under the supervision of and subject to the approval of the
State Board of Education.
All special education facilities, building programs, and
housing shall comply with the building code authorized by
Section 2-3.12.
All educational programs for children with disabilities
as defined in Section 14-1.02 administered by any State
agency shall be under the general supervision of the State
Board of Education. Such supervision shall be limited to
insuring that such educational programs meet standards
jointly developed and agreed to by both the State Board of
Education and the operating State agency, including standards
for educational personnel.
Any State agency providing special educational programs
for children with disabilities as defined in Section 14-1.02
shall promulgate rules and regulations, in consultation with
the State Board of Education and pursuant to the Illinois
Administrative Procedure Act as now or hereafter amended, to
insure that all such programs comply with this Section and
Section 14-8.02.
No otherwise qualified disabled child receiving special
education and related services under Article 14 shall solely
by reason of his or her disability be excluded from the
participation in or be denied the benefits of or be subjected
to discrimination under any program or activity provided by a
State agency.
State agencies providing special education and related
services, including room and board, either directly or
through grants or purchases of services shall continue to
provide these services according to current law and practice.
Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the
State Board of Education to the extent of available funds.
An amount equal to one-half of the State education agency's
share of IDEA PART B federal monies, or so much thereof as
may actually be needed, shall annually be appropriated to pay
for the additional costs of providing for room and board for
those children placed pursuant to Section 14-7.02 of this Act
and, after all such room and board costs are paid, for
similar expenditures for children served pursuant to Section
14-7.02 or 14-7.02a of this Act, based in community based
programs that serve as alternatives to residential
placements.
Beginning with Fiscal Year 1997 and continuing through
Fiscal Year 2000, 100% of the former Chapter I, Section
89-313 federal funds shall be allocated by the State Board of
Education in the same manner as IDEA, PART B "flow through"
funding to local school districts, joint agreements, and
special education cooperatives for the maintenance of
instructional and related support services to students with
disabilities. However, beginning with Fiscal Year 1998, the
total IDEA Part B discretionary funds available to the State
Board of Education shall not exceed the maximum permissible
under federal law or 20% of the total federal funds available
to the State, whichever is less. In no case shall the
aggregate IDEA Part B discretionary funds received by the
State Board of Education exceed the amount of IDEA Part B
discretionary funds available to the State Board of Education
for Fiscal Year 1997, excluding any carryover funds from
prior fiscal years, increased by 3% for Fiscal Year 1998 and
increased by an additional 3% for each fiscal year
thereafter. After all room and board payments and similar
expenditures are made by the State Board of Education as
required by this Section, the State Board of Education may
use the remaining funds for administration and for providing
discretionary activities. However, the State Board of
Education may use no more than 25% of its available IDEA Part
B discretionary funds for administrative services.
Special education and related services included in the
child's individualized educational program which are not
provided by another State agency shall be included in the
special education and related services provided by the State
Board of Education and the local school district.
The State Board of Education with the advice of the
Advisory Council shall prescribe the standards and make the
necessary rules and regulations for special education
programs administered by local school boards, including but
not limited to establishment of classes, training
requirements of teachers and other professional personnel,
eligibility and admission of pupils, the curriculum, class
size limitation, building programs, housing, transportation,
special equipment and instructional supplies, and the
applications for claims for reimbursement. The State Board of
Education shall promulgate rules and regulations for annual
evaluations of the effectiveness of all special education
programs and annual evaluation by the local school district
of the individualized educational program for each child for
whom it provides special education services.
A school district is responsible for the provision of
educational services for all school age children residing
within its boundaries excluding any student placed under the
provisions of Section 14-7.02 or any disabled student whose
parent or guardian lives outside of the State of Illinois as
described in Section 14-1.11.
(Source: P.A. 88-16; 88-45; 89-397, eff. 8-20-95; 89-622,
eff. 8-9-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.