103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5430

 

Introduced 2/9/2024, by Rep. William "Will" Davis

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-1.11c new

    Amends the Children with Disabilities Article of the School Code. Provides that the resident district for a student who, as a result of the student's medically complex status resides exclusively at a full-time residential care facility, shall be the school district in which the residential facility is located if the residential facility provides the student with a regular fixed night-time residence for reasons other than placement in a specific school district and the student is not enrolled in a school district outside the district in which the residential facility is located. Provides that as a resident of the district in which the residential facility is located, the educational costs for a student shall be provided directly by the State Board of Education and shall be calculated based on the applicable per diem rate provided by the Illinois Purchased Care Review Board, with such per diem rate being based solely upon the audited submission of the cost financial report for the residential facility for special education students during the applicable school year. Provides that a residential facility shall submit monthly invoices to the State Board of Education for the education costs of a student in a residential facility. Provides that the State Board of Education shall ensure that a representative of the resident school district of the student in a residential facility attend and participate in a individualized education program meeting for the student, and shall proffer a nonpublic facility placement contract for each student and the school district shall immediately execute and return the nonpublic facility placement contract to the residential facility. Provides that for a student in a residential facility, an educational surrogate shall be appointed who shall have authority to execute an individualized education program in the place of the student's parent or guardian on behalf of the student. Provides for restrictions on withholding payment to a residential facility. Provides that the provisions applies only to a special education student who lives at and relies on residential facility as the student's overnight residence but who has not been enrolled by the student's parent or guardian in a school district. Effective immediately.


LRB103 37555 RJT 67680 b

 

 

A BILL FOR

 

HB5430LRB103 37555 RJT 67680 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. Purpose. The General Assembly recognizes the
5critical importance of and right to education for all students
6who reside in Illinois. The purpose of this amendatory Act of
7the 103rd General Assembly is to ensure that certain special
8education students who, as a result of their medically complex
9status, reside exclusively at full-time residential care
10facilities receive the free and appropriate public education
11to which they are entitled.
 
12    Section 10. The School Code is amended by adding Section
1314-1.11c as follows:
 
14    (105 ILCS 5/14-1.11c new)
15    Sec. 14-1.11c. Resident district; special education
16students residing at residential facility.
17    (a) In this Section: "residential facility" means a
18full-time residential care facility.
19    (b) The resident district for a student who, as a result of
20the student's medically complex status resides exclusively at
21a full-time residential care facility, shall be the school
22district in which the residential facility is located if the

 

 

HB5430- 2 -LRB103 37555 RJT 67680 b

1residential facility provides the student with a regular fixed
2night-time residence for reasons other than placement in a
3specific school district and the student is not enrolled in a
4school district outside the district in which the residential
5facility is located.
6    (c) As a resident of the district in which the residential
7facility is located pursuant to this Section, the educational
8costs for a student shall be provided directly by the State
9Board of Education and shall be calculated based on the
10applicable per diem rate provided by the Illinois Purchased
11Care Review Board, with such per diem rate being based solely
12upon the audited submission of the cost financial report for
13the residential facility for special education students during
14the applicable school year. The Illinois Purchased Care Review
15Board's determined per diem rate may not be subject to waivers
16or deductions of any kind. The funding mechanism under this
17subsection (c) may not include food, which shall be paid
18directly by the residential school district.
19    (d) A residential facility shall submit monthly invoices
20to the State Board of Education for the education costs of a
21student in a residential facility. The State Board of
22Education shall ensure that a representative of the resident
23school district of the student in a residential facility under
24this Section attends and participates in a individualized
25education program meeting for the student, and shall proffer a
26nonpublic facility placement contract for each student to who

 

 

HB5430- 3 -LRB103 37555 RJT 67680 b

1this Section applies to and the school district shall
2immediately execute and return the nonpublic facility
3placement contract to the residential facility. For a student
4in a residential facility, an educational surrogate shall be
5appointed who shall have authority to execute an
6individualized education program in the place of the student's
7parent or guardian on behalf of the student.
8    (e) The State Board of Education may not withhold formula
9payments to a residential facility based upon the following:
10        (1) Not executing a nonpublic facility placement
11    contract between the school district and the residential
12    facility.
13        (2) The failure of the school district to participate
14    in the individualized education program process or
15    meetings for a student in the residential facility.
16    (f) If the per diem rate provided by the Illinois
17Purchased Care Review Board for special education students
18during the applicable school year increases, the residential
19facility may submit an invoice to the State Board of Education
20for the amount that would have been due for prior months in the
21same school year based on the increased rate.
22    (g) The State Board of Education shall pay the residential
23facility directly within 35 days of receipt of any invoice. If
24not paid within 35 days, the State Board of Education shall pay
25interest to the residential facility on any overdue amounts at
26a rate of 5% per month.

 

 

HB5430- 4 -LRB103 37555 RJT 67680 b

1    (h) This Section applies only to a special education
2student who lives at and relies on residential facility as the
3student's overnight residence but who has not been enrolled by
4the student's parent or guardian in a school district.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.