HB1190 Enrolled LRB096 03443 NHT 13467 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Sections
5 14-1.10 and 14-13.01 as follows:
 
6     (105 ILCS 5/14-1.10)  (from Ch. 122, par. 14-1.10)
7     Sec. 14-1.10. Qualified Professional worker. "Qualified
8 Professional worker" means a trained specialist and includes a
9 behavior analyst, certificated school nurse, professional
10 consultant, registered therapist, school nurse intern, school
11 counselor, school counselor intern, school psychologist,
12 school psychologist intern, school social worker, school
13 social worker intern, special administrator or supervisor
14 giving full time to special education, speech language
15 pathologist, speech language pathologist intern, and teacher
16 of students with IEPs who meets the requirements of this
17 Article, who has the required special training in the
18 understandings, techniques, and special instructional
19 strategies for children with disabilities and who delivers
20 services to students with IEPs, and any other trained
21 specialist set forth by the State Board of Education in rules. ,
22 and is limited to speech correctionist, school social worker,
23 school counselor, school psychologist, psychologist intern,

 

 

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1 school nurse intern, school social worker intern, school
2 counselor intern, certificated school nurse, special
3 administrator intern, registered therapist, professional
4 consultant, special administrator or supervisor giving full
5 time to special education, behavior analyst, and teacher of any
6 class or program defined in this Article who meets the
7 requirements of this Article, who has the required special
8 training in the understandings, techniques, and special
9 methods of instruction for children who because of their
10 disabling conditions are placed in any program provided for in
11 this Article, and who works in such program.
12 (Source: P.A. 94-948, eff. 1-1-07; 95-363, eff. 8-23-07.)
 
13     (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
14     Sec. 14-13.01. Reimbursement payable by State; amounts for
15 personnel and transportation Amounts. Reimbursement for
16 furnishing special educational facilities in a recognized
17 school to the type of children defined in Section 14-1.02 shall
18 be paid to the school districts in accordance with Section
19 14-12.01 for each school year ending June 30 by the State
20 Comptroller out of any money in the treasury appropriated for
21 such purposes on the presentation of vouchers by the State
22 Board of Education.
23     The reimbursement shall be limited to funds expended for
24 construction and maintenance of special education facilities
25 designed and utilized to house instructional programs,

 

 

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1 diagnostic services, other special education services for
2 children with disabilities and reimbursement as provided in
3 Section 14-13.01. There shall be no reimbursement for
4 construction and maintenance of any administrative facility
5 separated from special education facilities designed and
6 utilized to house instructional programs, diagnostic services
7 and other special education services for children with
8 disabilities.
9     (a) For staff working on behalf of children who have not
10 been identified as eligible for special education and for
11 eligible children with physical disabilities, including all
12 eligible children whose placement has been determined under
13 Section 14-8.02 in hospital or home instruction, 1/2 of the
14 teacher's salary but not more than $1,000 annually per child or
15 $8,000 per teacher for the 1985-1986 school year through the
16 2005-2006 school year and $1,000 per child or $9,000 per
17 teacher for the 2006-2007 school year and for each school year
18 thereafter, whichever is less. To qualify for home or hospital
19 instruction, a child must, due to a medical condition, be
20 unable to attend school, and instead must be instructed at home
21 or in the hospital, for a period of 2 or more consecutive weeks
22 or on an ongoing intermittent basis. In order to establish
23 eligibility for home or hospital services, a student's parent
24 or guardian must submit to the child's school district of
25 residence a written statement from a physician licensed to
26 practice medicine in all of its branches stating the existence

 

 

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1 of such medical condition, the impact on the child's ability to
2 participate in education, and the anticipated duration or
3 nature of the child's absence from school. Eligible children
4 Children to be included in any reimbursement under this
5 paragraph must regularly receive a minimum of one hour of
6 instruction each school day, or in lieu thereof of a minimum of
7 5 hours of instruction in each school week in order to qualify
8 for full reimbursement under this Section. If the attending
9 physician for such a child has certified that the child should
10 not receive as many as 5 hours of instruction in a school week,
11 however, reimbursement under this paragraph on account of that
12 child shall be computed proportionate to the actual hours of
13 instruction per week for that child divided by 5. The State
14 Board of Education shall establish rules governing the required
15 qualifications of staff providing home or hospital
16 instruction.
17     (b) For children described in Section 14-1.02, 80% 4/5 of
18 the cost of transportation approved as a related service in the
19 Individualized Education Program for each student for each such
20 child, whom the State Superintendent of Education determined in
21 advance requires special transportation service in order to
22 take advantage of special educational facilities.
23 Transportation costs shall be determined in the same fashion as
24 provided in Section 29-5. For purposes of this subsection (b),
25 the dates for processing claims specified in Section 29-5 shall
26 apply.

 

 

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1     (c) For each qualified professional worker excluding those
2 included in subparagraphs (a), (d), (e), and (f) of this
3 Section, the annual sum of $8,000 for the 1985-1986 school year
4 through the 2005-2006 school year and $9,000 for the 2006-2007
5 school year and for each school year thereafter.
6     (d) For one full time qualified director of the special
7 education program of each school district which maintains a
8 fully approved program of special education the annual sum of
9 $8,000 for the 1985-1986 school year through the 2005-2006
10 school year and $9,000 for the 2006-2007 school year and for
11 each school year thereafter. Districts participating in a joint
12 agreement special education program shall not receive such
13 reimbursement if reimbursement is made for a director of the
14 joint agreement program.
15     (e) (Blank). For each school psychologist as defined in
16 Section 14-1.09 the annual sum of $8,000 for the 1985-1986
17 school year through the 2005-2006 school year and $9,000 for
18 the 2006-2007 school year and for each school year thereafter.
19     (f) (Blank). For each qualified teacher working in a fully
20 approved program for children of preschool age who are deaf or
21 hard-of-hearing the annual sum of $8,000 for the 1985-1986
22 school year through the 2005-2006 school year and $9,000 for
23 the 2006-2007 school year and for each school year thereafter.
24     (g) For readers, working with blind or partially seeing
25 children 1/2 of their salary but not more than $400 annually
26 per child. Readers may be employed to assist such children and

 

 

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1 shall not be required to be certified but prior to employment
2 shall meet standards set up by the State Board of Education.
3     (h) For necessary non-certified employees, as defined by
4 rules promulgated by the State Board of Education, who deliver
5 services to students with IEPs working in any class or program
6 for children defined in this Article, 1/2 of the salary paid or
7 $2,800 annually per employee through the 2005-2006 school year
8 and $3,500 per employee for the 2006-2007 school year and for
9 each school year thereafter, whichever is less.
10     The State Board of Education shall set standards and
11 prescribe rules for determining the allocation of
12 reimbursement under this section on less than a full time basis
13 and for less than a school year.
14     When any school district eligible for reimbursement under
15 this Section operates a school or program approved by the State
16 Superintendent of Education for a number of days in excess of
17 the adopted school calendar but not to exceed 235 school days,
18 such reimbursement shall be increased by 1/180 of the amount or
19 rate paid hereunder for each day such school is operated in
20 excess of 180 days per calendar year.
21     Notwithstanding any other provision of law, any school
22 district receiving a payment under this Section or under
23 Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
24 all or a portion of the funds that it receives in a particular
25 fiscal year or from general State aid pursuant to Section
26 18-8.05 of this Code as funds received in connection with any

 

 

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1 funding program for which it is entitled to receive funds from
2 the State in that fiscal year (including, without limitation,
3 any funding program referenced in this Section), regardless of
4 the source or timing of the receipt. The district may not
5 classify more funds as funds received in connection with the
6 funding program than the district is entitled to receive in
7 that fiscal year for that program. Any classification by a
8 district must be made by a resolution of its board of
9 education. The resolution must identify the amount of any
10 payments or general State aid to be classified under this
11 paragraph and must specify the funding program to which the
12 funds are to be treated as received in connection therewith.
13 This resolution is controlling as to the classification of
14 funds referenced therein. A certified copy of the resolution
15 must be sent to the State Superintendent of Education. The
16 resolution shall still take effect even though a copy of the
17 resolution has not been sent to the State Superintendent of
18 Education in a timely manner. No classification under this
19 paragraph by a district shall affect the total amount or timing
20 of money the district is entitled to receive under this Code.
21 No classification under this paragraph by a district shall in
22 any way relieve the district from or affect any requirements
23 that otherwise would apply with respect to that funding
24 program, including any accounting of funds by source, reporting
25 expenditures by original source and purpose, reporting
26 requirements, or requirements of providing services.

 

 

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1 (Source: P.A. 95-415, eff. 8-24-07; 95-707, eff. 1-11-08.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.