Full Text of SB0266 95th General Assembly
SB0266eng 95TH GENERAL ASSEMBLY
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| AN ACT in relation to education.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 14-7.03 as
follows:
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| (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03) | 7 |
| Sec. 14-7.03. Special Education Classes for Children from | 8 |
| Orphanages,
Foster Family Homes, Children's Homes, or in State | 9 |
| Housing Units. If a
school district maintains special education | 10 |
| classes on the site of
orphanages and children's homes, or if | 11 |
| children from the orphanages,
children's homes, foster family | 12 |
| homes, other State agencies, or State
residential units for | 13 |
| children attend classes for children with disabilities
in which | 14 |
| the school district is a participating member of a joint
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| agreement, or if the children from the orphanages, children's | 16 |
| homes,
foster family homes, other State agencies, or State | 17 |
| residential units
attend classes for the children with | 18 |
| disabilities maintained by the school
district, then | 19 |
| reimbursement shall be paid to eligible districts in
accordance | 20 |
| with the provisions of this Section by the Comptroller as | 21 |
| directed
by the State Superintendent of Education.
If a child | 22 |
| who was eligible to receive services under this Section (i) is | 23 |
| eligible for the subsidized adoption program available through |
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| the Department of Children and Family Services or is under | 2 |
| subsidized guardianship and (ii) continues to receive support | 3 |
| services from the Department of Children and Family Services | 4 |
| and if the child's program costs exceed 4 times the school | 5 |
| district's per capita tuition rate as calculated under Section | 6 |
| 10-20.12a of this Code, then the child shall continue to be | 7 |
| eligible to receive services under this Section and the school | 8 |
| district shall continue to be reimbursed under this Section. | 9 |
| The changes made to this Section by this amendatory Act of the | 10 |
| 95th General Assembly apply only to children who are eligible | 11 |
| for the subsidized adoption program or who are under subsidized | 12 |
| guardianship on or after the effective date of this amendatory | 13 |
| Act of the 95th General Assembly.
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| The amount of tuition for such children under this Section
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| shall be determined by the
actual cost of maintaining such | 16 |
| classes, using the per capita cost formula
set forth in Section | 17 |
| 14-7.01, such program and cost to be pre-approved by
the State | 18 |
| Superintendent of Education.
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| On forms prepared by the State Superintendent of Education, | 20 |
| the
district shall certify to the regional superintendent the | 21 |
| following:
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| (1) The name of the home or State residential unit with | 23 |
| the name of
the owner or proprietor and address of those | 24 |
| maintaining it;
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| (2) That no service charges or other payments | 26 |
| authorized by law were
collected in lieu of taxes therefrom |
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| or on account thereof during either
of the calendar years | 2 |
| included in the school year for which claim is
being made;
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| (3) The number of children qualifying under this Act in | 4 |
| special
education classes for instruction on the site of | 5 |
| the orphanages and
children's homes;
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| (4) The number of children attending special education | 7 |
| classes for children with disabilities in which the | 8 |
| district is a
participating member of
a special education | 9 |
| joint agreement;
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| (5) The number of children attending special education | 11 |
| classes for children with disabilities maintained by the | 12 |
| district;
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| (6) The computed amount of tuition payment claimed as | 14 |
| due, as
approved by the State Superintendent of Education, | 15 |
| for maintaining these
classes.
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| If a school district makes a claim for reimbursement under | 17 |
| Section
18-3 or 18-4 of this Act it shall not include in any | 18 |
| claim filed under
this Section a claim for such children. | 19 |
| Payments authorized by law,
including State or federal grants | 20 |
| for education of children included in
this Section, shall be | 21 |
| deducted in determining the tuition amount.
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| Nothing in this Act shall be construed so as to prohibit
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| reimbursement for the tuition of children placed in for profit | 24 |
| facilities.
Private facilities shall provide adequate space at | 25 |
| the
facility for special education classes provided by a school | 26 |
| district or
joint agreement for children with disabilities who |
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| are
residents of the
facility at no cost to the school district | 2 |
| or joint agreement upon
request of the school district or joint | 3 |
| agreement. If such a private
facility provides space at no cost | 4 |
| to the district or joint agreement
for special education | 5 |
| classes provided to children with
disabilities who are
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| residents of the facility, the district or joint agreement | 7 |
| shall not
include any costs for the use of those facilities in | 8 |
| its claim for
reimbursement.
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| Reimbursement for tuition may include the cost of providing | 10 |
| summer
school programs for children with severe and profound | 11 |
| disabilities served
under this Section. Claims for that | 12 |
| reimbursement shall be filed by
November 1 and shall be paid on | 13 |
| or before December 15 from
appropriations made for the purposes | 14 |
| of this Section.
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| The State Board of Education shall establish such rules and
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| regulations as may be necessary to implement the provisions of | 17 |
| this
Section.
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| Claims filed on behalf of programs operated under this | 19 |
| Section housed in a
jail, detention center, or county-owned | 20 |
| shelter care facility
shall be on an individual student basis | 21 |
| only for
eligible students with disabilities. These claims | 22 |
| shall be in accordance with
applicable rules.
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| Each district claiming reimbursement for a program | 24 |
| operated as a group
program shall have an approved budget on | 25 |
| file with the State Board of
Education prior to the initiation | 26 |
| of the program's operation. On September
30, December 31, and |
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| March 31, the State Board of Education shall voucher
payments | 2 |
| to group programs based upon the approved budget during the | 3 |
| year
of operation. Final claims for group payments shall be | 4 |
| filed on or before
July 15. Final claims for group programs | 5 |
| received at the State
Board of
Education on or before June 15 | 6 |
| shall be vouchered by June 30. Final claims
received at the | 7 |
| State Board of Education between June 16 and July 15
shall be | 8 |
| vouchered by August 30. Claims for group programs
received
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| after July 15 shall not be honored.
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| Each district claiming reimbursement for individual | 11 |
| students shall have the
eligibility of those students verified | 12 |
| by the State Board of Education. On
September 30, December 31, | 13 |
| and March 31, the State Board of Education shall
voucher | 14 |
| payments for individual students based upon an estimated cost
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| calculated from the prior year's claim. Final claims for | 16 |
| individual students
for the regular school term must be | 17 |
| received at the State Board of Education by
July 15. Claims for | 18 |
| individual students received after July 15 shall not
be | 19 |
| honored. Final claims for individual students shall be | 20 |
| vouchered by
August 30.
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| Reimbursement shall be made based upon approved group | 22 |
| programs or
individual students. The State Superintendent of | 23 |
| Education shall direct the
Comptroller to pay a specified | 24 |
| amount to the district by the 30th day of
September, December, | 25 |
| March, June, or August, respectively. However,
notwithstanding | 26 |
| any other provisions of this Section or the School Code,
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| beginning with fiscal year 1994 and each fiscal year | 2 |
| thereafter, if the amount appropriated for any fiscal year
is | 3 |
| less than the amount required for purposes of this Section, the | 4 |
| amount
required to eliminate any insufficient reimbursement | 5 |
| for each district claim
under this Section shall be reimbursed | 6 |
| on August 30 of the next fiscal
year. Payments required to | 7 |
| eliminate any insufficiency for prior
fiscal year claims shall | 8 |
| be made before any claims are paid for the current
fiscal year.
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| The claim of a school district otherwise eligible to be | 10 |
| reimbursed in
accordance with Section 14-12.01 for the 1976-77 | 11 |
| school year but for
this amendatory Act of 1977 shall not be | 12 |
| paid unless the district ceases
to maintain such classes for | 13 |
| one entire school year.
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| If a school district's current reimbursement payment for | 15 |
| the 1977-78
school year only is less than the prior year's | 16 |
| reimbursement payment
owed, the district shall be paid the | 17 |
| amount of the difference between
the payments in addition to | 18 |
| the current reimbursement payment, and the
amount so paid shall | 19 |
| be subtracted from the amount of prior year's
reimbursement | 20 |
| payment owed to the district.
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| Regional superintendents may operate special education | 22 |
| classes for
children from orphanages, foster family homes, | 23 |
| children's homes or State
housing units located within the | 24 |
| educational services region upon consent
of the school board | 25 |
| otherwise so obligated. In electing to assume the
powers and | 26 |
| duties of a school district in providing and maintaining such a
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| special education program, the regional superintendent may | 2 |
| enter into joint
agreements with other districts and may | 3 |
| contract with public or private
schools or the orphanage, | 4 |
| foster family home, children's home or State
housing unit for | 5 |
| provision of the special education program. The regional
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| superintendent exercising the powers granted under this | 7 |
| Section shall claim
the reimbursement authorized by this | 8 |
| Section directly from the State Board
of Education.
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| Any child who is not a resident of Illinois who is placed | 10 |
| in a child
welfare institution, private facility, foster family | 11 |
| home, State operated
program, orphanage or children's home | 12 |
| shall have the payment for his
educational tuition and any | 13 |
| related services assured by the placing agent.
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| Commencing July 1, 1992, for each disabled student who is | 15 |
| placed
residentially by a State agency or the courts for care | 16 |
| or custody or both
care and custody, welfare, medical or mental | 17 |
| health treatment or both medical
and mental health treatment, | 18 |
| rehabilitation, and protection, whether placed
there on, | 19 |
| before, or after July 1, 1992, the costs for educating the | 20 |
| student
are eligible for reimbursement under this Section | 21 |
| providing the placing agency
or court has notified the | 22 |
| appropriate school district authorities of the status
of | 23 |
| student residency where applicable prior to or upon placement.
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| The district of residence of the parent, guardian, or | 25 |
| disabled student as
defined in Sections 14-1.11 and 14-1.11a is | 26 |
| responsible for the actual costs of
the student's special |
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| education program and is eligible for reimbursement under
this | 2 |
| Section when placement is made by a State agency or the courts.
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| Payments shall be made by the resident district to the district | 4 |
| wherein the
facility is located no less than once per quarter | 5 |
| unless otherwise agreed to in
writing by the parties.
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| When a dispute arises over the determination of the | 7 |
| district of
residence, the district or districts may appeal the | 8 |
| decision in writing to
the State Superintendent of Education. | 9 |
| The decision of the State
Superintendent of Education shall be | 10 |
| final.
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| In the event a district does not make a tuition
payment to | 12 |
| another district that is providing the special education
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| program and services, the State Board of Education shall | 14 |
| immediately
withhold 125% of
the then remaining annual tuition | 15 |
| cost from the State aid or categorical
aid payment due to the
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| school district that is determined to be the resident school | 17 |
| district. All
funds withheld by the State Board of Education | 18 |
| shall immediately be
forwarded to the
school district where the | 19 |
| student is being served.
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| When a child eligible for services under this Section | 21 |
| 14-7.03 must be
placed in a nonpublic facility, that facility | 22 |
| shall meet the programmatic
requirements of Section 14-7.02 and | 23 |
| its regulations, and the educational
services shall be funded | 24 |
| only in accordance with this Section 14-7.03.
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| (Source: P.A. 92-597, eff. 7-1-02; 92-877, eff. 1-7-03; 93-609, | 26 |
| eff. 11-20-03.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law. |
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