97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1706

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-13.01  from Ch. 122, par. 14-13.01

    Amends the Children with Disabilities Article of the School Code. In provisions concerning personnel reimbursement for children in hospital or home instruction, provides that a child qualifies for home or hospital instruction if it is anticipated that, due to a medical condition, the child will (instead of a child must due to a medical condition) be unable to attend school and instead must be instructed at home or in the hospital for a period of 2 or more consecutive weeks or on an ongoing intermittent basis. Defines "ongoing intermittent basis". Provides that there shall be no requirement that a child be absent from school a minimum number of days before the child qualifies for home or hospital instruction. Provides that home or hospital instruction may commence upon receipt of the required written physician's statement, but instruction shall commence not later than 5 school days after the school district receives the physician's statement. Provides that special education and related services required by the child's IEP or services and accommodations required by the child's federal Section 504 plan must be implemented as part of the child's home or hospital instruction, unless the IEP team or federal Section 504 plan team determines that modifications are necessary during the home or hospital instruction due to the child's condition. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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. The School Code is amended by changing Section
514-13.01 as follows:
 
6    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
7    Sec. 14-13.01. Reimbursement payable by State; amounts for
8personnel and transportation.
9    (a) For staff working on behalf of children who have not
10been identified as eligible for special education and for
11eligible children with physical disabilities, including all
12eligible children whose placement has been determined under
13Section 14-8.02 in hospital or home instruction, 1/2 of the
14teacher's salary but not more than $1,000 annually per child or
15$9,000 per teacher, whichever is less. A child qualifies for
16home or hospital instruction if it is anticipated that, due to
17a medical condition, the child will To qualify for home or
18hospital instruction, a child must, due to a medical condition,
19be unable to attend school, and instead must be instructed at
20home or in the hospital, for a period of 2 or more consecutive
21weeks or on an ongoing intermittent basis. For purposes of this
22Section, "ongoing intermittent basis" means that the child's
23medical condition is of such a nature or severity that it is

 

 

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1anticipated that the child will be absent from school due to
2the medical condition for periods of at least 2 days at a time
3multiple times during the school year totaling at least 10 days
4or more of absences. There shall be no requirement that a child
5be absent from school a minimum number of days before the child
6qualifies for home or hospital instruction. In order to
7establish eligibility for home or hospital services, a
8student's parent or guardian must submit to the child's school
9district of residence a written statement from a physician
10licensed to practice medicine in all of its branches stating
11the existence of such medical condition, the impact on the
12child's ability to participate in education, and the
13anticipated duration or nature of the child's absence from
14school. Home or hospital instruction may commence upon receipt
15of a written physician's statement in accordance with this
16Section, but instruction shall commence not later than 5 school
17days after the school district receives the physician's
18statement. Special education and related services required by
19the child's IEP or services and accommodations required by the
20child's federal Section 504 plan must be implemented as part of
21the child's home or hospital instruction, unless the IEP team
22or federal Section 504 plan team determines that modifications
23are necessary during the home or hospital instruction due to
24the child's condition. Eligible children to be included in any
25reimbursement under this paragraph must regularly receive a
26minimum of one hour of instruction each school day, or in lieu

 

 

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1thereof of a minimum of 5 hours of instruction in each school
2week in order to qualify for full reimbursement under this
3Section. If the attending physician for such a child has
4certified that the child should not receive as many as 5 hours
5of instruction in a school week, however, reimbursement under
6this paragraph on account of that child shall be computed
7proportionate to the actual hours of instruction per week for
8that child divided by 5. The State Board of Education shall
9establish rules governing the required qualifications of staff
10providing home or hospital instruction.
11    (b) For children described in Section 14-1.02, 80% of the
12cost of transportation approved as a related service in the
13Individualized Education Program for each student in order to
14take advantage of special educational facilities.
15Transportation costs shall be determined in the same fashion as
16provided in Section 29-5. For purposes of this subsection (b),
17the dates for processing claims specified in Section 29-5 shall
18apply.
19    (c) For each qualified worker, the annual sum of $9,000.
20    (d) For one full time qualified director of the special
21education program of each school district which maintains a
22fully approved program of special education the annual sum of
23$9,000. Districts participating in a joint agreement special
24education program shall not receive such reimbursement if
25reimbursement is made for a director of the joint agreement
26program.

 

 

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1    (e) (Blank).
2    (f) (Blank).
3    (g) For readers, working with blind or partially seeing
4children 1/2 of their salary but not more than $400 annually
5per child. Readers may be employed to assist such children and
6shall not be required to be certified but prior to employment
7shall meet standards set up by the State Board of Education.
8    (h) For non-certified employees, as defined by rules
9promulgated by the State Board of Education, who deliver
10services to students with IEPs, 1/2 of the salary paid or
11$3,500 per employee, whichever is less.
12    The State Board of Education shall set standards and
13prescribe rules for determining the allocation of
14reimbursement under this section on less than a full time basis
15and for less than a school year.
16    When any school district eligible for reimbursement under
17this Section operates a school or program approved by the State
18Superintendent of Education for a number of days in excess of
19the adopted school calendar but not to exceed 235 school days,
20such reimbursement shall be increased by 1/180 of the amount or
21rate paid hereunder for each day such school is operated in
22excess of 180 days per calendar year.
23    Notwithstanding any other provision of law, any school
24district receiving a payment under this Section or under
25Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
26all or a portion of the funds that it receives in a particular

 

 

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1fiscal year or from general State aid pursuant to Section
218-8.05 of this Code as funds received in connection with any
3funding program for which it is entitled to receive funds from
4the State in that fiscal year (including, without limitation,
5any funding program referenced in this Section), regardless of
6the source or timing of the receipt. The district may not
7classify more funds as funds received in connection with the
8funding program than the district is entitled to receive in
9that fiscal year for that program. Any classification by a
10district must be made by a resolution of its board of
11education. The resolution must identify the amount of any
12payments or general State aid to be classified under this
13paragraph and must specify the funding program to which the
14funds are to be treated as received in connection therewith.
15This resolution is controlling as to the classification of
16funds referenced therein. A certified copy of the resolution
17must be sent to the State Superintendent of Education. The
18resolution shall still take effect even though a copy of the
19resolution has not been sent to the State Superintendent of
20Education in a timely manner. No classification under this
21paragraph by a district shall affect the total amount or timing
22of money the district is entitled to receive under this Code.
23No classification under this paragraph by a district shall in
24any way relieve the district from or affect any requirements
25that otherwise would apply with respect to that funding
26program, including any accounting of funds by source, reporting

 

 

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1expenditures by original source and purpose, reporting
2requirements, or requirements of providing services.
3(Source: P.A. 95-415, eff. 8-24-07; 95-707, eff. 1-11-08;
496-257, eff. 8-11-09.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.