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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 14-7.02b as follows: | ||||||
6 | (105 ILCS 5/14-7.02b)
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7 | Sec. 14-7.02b. Funding for children requiring special | ||||||
8 | education services.
Payments to school districts for children | ||||||
9 | requiring
special education services documented in their | ||||||
10 | individualized education
program regardless of the program | ||||||
11 | from which these services are received,
excluding children | ||||||
12 | claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
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13 | be made in accordance with this Section. Funds received under | ||||||
14 | this Section
may be used only for the provision of special | ||||||
15 | educational facilities and
services as defined in Section | ||||||
16 | 14-1.08 of this Code.
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17 | The appropriation for fiscal year 2005 and thereafter shall | ||||||
18 | be based upon
the IDEA child count of all students in the | ||||||
19 | State, excluding students
claimed under Sections 14-7.02 and | ||||||
20 | 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
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21 | preceding, multiplied by 17.5% of the general State aid
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22 | foundation level of support established for that fiscal year | ||||||
23 | under Section
18-8.05 of
this Code.
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1 | Beginning with fiscal year 2005 and through fiscal year | ||||||
2 | 2007, individual school districts
shall not receive payments | ||||||
3 | under this Section totaling less than they received
under the
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4 | funding authorized under Section 14-7.02a of this Code
during | ||||||
5 | fiscal year 2004, pursuant to the provisions of Section | ||||||
6 | 14-7.02a as they
were in effect before the effective date of | ||||||
7 | this amendatory Act of the 93rd
General Assembly. This base | ||||||
8 | level funding shall be computed first.
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9 | Beginning with fiscal year 2008 and each fiscal year | ||||||
10 | thereafter, individual school districts must not receive | ||||||
11 | payments under this Section totaling less than they received in | ||||||
12 | fiscal year 2007. This funding shall be computed last and shall | ||||||
13 | be a separate calculation from any other calculation set forth | ||||||
14 | in this Section. This amount is exempt from the requirements of | ||||||
15 | Section 1D-1 of this Code.
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16 | An amount equal to 85% of the funds remaining in the | ||||||
17 | appropriation , after subtracting any base level funding for | ||||||
18 | that fiscal year, shall be allocated to school districts based | ||||||
19 | upon the
district's average daily attendance reported for | ||||||
20 | purposes of Section
18-8.05 of this Code for the preceding | ||||||
21 | school year. Fifteen percent of the
funds
remaining in the | ||||||
22 | appropriation , after subtracting any base level funding for | ||||||
23 | that fiscal year,
shall be allocated to school districts based | ||||||
24 | upon the district's low income
eligible pupil count used in the | ||||||
25 | calculation of general State aid under Section
18-8.05 of this | ||||||
26 | Code for the same fiscal year. One hundred percent of the
funds
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1 | computed and allocated to districts under this Section shall be | ||||||
2 | distributed and
paid to school districts.
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3 | For individual
students with disabilities whose program | ||||||
4 | costs exceed 4 times the
district's per capita tuition rate
as | ||||||
5 | calculated under Section 10-20.12a of this Code, the costs in | ||||||
6 | excess
of 4 times the district's per capita tuition rate shall | ||||||
7 | be paid by the State
Board of Education from unexpended IDEA | ||||||
8 | discretionary funds originally
designated for room and board | ||||||
9 | reimbursement pursuant to Section
14-8.01 of this Code. The | ||||||
10 | amount of tuition for these children shall be
determined by the | ||||||
11 | actual cost of maintaining classes for these children,
using | ||||||
12 | the per
capita cost formula set forth in Section 14-7.01 of | ||||||
13 | this Code, with the
program and cost being pre-approved by the | ||||||
14 | State Superintendent of
Education. Reimbursement for | ||||||
15 | individual students with disabilities whose program costs | ||||||
16 | exceed 4 times the district's per capita tuition rate shall be | ||||||
17 | claimed beginning with costs encumbered for the 2004-2005 | ||||||
18 | school year and thereafter.
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19 | The State Board of Education shall prepare vouchers equal | ||||||
20 | to one-fourth the
amount allocated to districts, for | ||||||
21 | transmittal
to the State Comptroller on the 30th day of | ||||||
22 | September, December, and March,
respectively, and the final | ||||||
23 | voucher, no later than June 20. The Comptroller
shall make | ||||||
24 | payments pursuant to this Section to school districts as soon | ||||||
25 | as possible after receipt of vouchers. If the money
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26 | appropriated from the General Assembly for such purposes for |
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1 | any year is
insufficient, it shall be apportioned on the basis | ||||||
2 | of the payments due to
school districts.
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3 | Nothing in this Section shall be construed to decrease or | ||||||
4 | increase the
percentage of all special education funds that are | ||||||
5 | allocated annually
under Article 1D of this Code
or to alter | ||||||
6 | the requirement that a
school district provide special | ||||||
7 | education services.
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8 | Nothing in this amendatory Act of the 93rd General Assembly | ||||||
9 | shall
eliminate any reimbursement obligation owed as of the | ||||||
10 | effective date of this
amendatory Act of the 93rd General | ||||||
11 | Assembly to a school district with in excess
of 500,000 | ||||||
12 | inhabitants.
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13 | (Source: P.A. 93-1022, eff. 8-24-04.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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