Full Text of HB4225 93rd General Assembly
HB4225 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4225
Introduced 1/26/2004, by Jerry L. Mitchell SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/1D-1 |
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105 ILCS 5/14-7.02b new |
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105 ILCS 5/14-8.01 |
from Ch. 122, par. 14-8.01 |
105 ILCS 5/18-4.3 |
from Ch. 122, par. 18-4.3 |
105 ILCS 5/14-7.02a rep. |
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Amends the School Code. In provisions concerning the educational services
block grant for a school district having a population exceeding 500,000
inhabitants,
provides that the grant shall include funding for children requiring special
education
services. Removes the extraordinary component of the
Special
Education program that the educational services block grant includes. Amends the Children with Disabilities Article of the School Code.
Replaces certain provisions concerning State
reimbursement to a school district with new provisions governing payments for
children
requiring special education services. Makes changes concerning room and board funds. Effective immediately.
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A BILL FOR
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| AN ACT concerning 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
Sections | 5 |
| 1D-1, 14-8.01, and 18-4.3 and adding Section 14-7.02b as
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| follows:
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| (105 ILCS 5/1D-1)
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| Sec. 1D-1. Block grant funding.
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| (a) For fiscal year 1996 and each fiscal year thereafter, | 10 |
| the State Board
of Education shall award to a school district | 11 |
| having a population exceeding
500,000 inhabitants a general | 12 |
| education block grant and an educational services
block grant, | 13 |
| determined as provided in this Section, in lieu of distributing | 14 |
| to
the district separate State funding for the programs | 15 |
| described in subsections
(b) and (c). The provisions of this | 16 |
| Section, however, do not apply to any
federal funds that the | 17 |
| district is entitled to receive. In accordance with
Section | 18 |
| 2-3.32, all block grants are subject to an audit. Therefore, | 19 |
| block
grant receipts and block grant expenditures shall be | 20 |
| recorded to the
appropriate fund code for the designated block | 21 |
| grant.
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| (b) The general education block grant shall include the | 23 |
| following
programs: REI Initiative, Summer Bridges, Preschool | 24 |
| At Risk, K-6
Comprehensive Arts, School Improvement Support, | 25 |
| Urban Education, Scientific
Literacy, Substance Abuse | 26 |
| Prevention, Second Language Planning, Staff
Development, | 27 |
| Outcomes and Assessment, K-6 Reading Improvement, 7-12 | 28 |
| Continued
Reading Improvement, Truants'
Optional Education, | 29 |
| Hispanic Programs, Agriculture Education,
Parental Education, | 30 |
| Prevention Initiative, Report Cards, and Criminal
Background | 31 |
| Investigations. Notwithstanding any other provision of law, | 32 |
| all
amounts paid under the general education block grant from |
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| State appropriations
to a school district in a city having a | 2 |
| population exceeding 500,000
inhabitants shall be appropriated | 3 |
| and expended by the board of that district
for any of the | 4 |
| programs included in the block grant or any of the board's
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| lawful purposes.
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| (c) The educational services block grant shall include the | 7 |
| following
programs: Bilingual, Regular and Vocational | 8 |
| Transportation, State Lunch and
Free Breakfast Program, | 9 |
| Special Education (Personnel,
Extraordinary, Transportation, | 10 |
| Orphanage, Private Tuition), funding
for children requiring | 11 |
| special education services, Summer School,
Educational Service | 12 |
| Centers, and Administrator's Academy. This subsection (c)
does | 13 |
| not relieve the district of its obligation to provide the | 14 |
| services
required under a program that is included within the | 15 |
| educational services block
grant. It is the intention of the | 16 |
| General Assembly in enacting the provisions
of this subsection | 17 |
| (c) to relieve the district of the administrative burdens
that | 18 |
| impede efficiency and accompany single-program funding. The | 19 |
| General
Assembly encourages the board to pursue mandate waivers | 20 |
| pursuant to Section
2-3.25g. | 21 |
| The funding program included in the educational services | 22 |
| block grant
for funding for children requiring special | 23 |
| education services in each fiscal
year shall be treated in that | 24 |
| fiscal year as a payment to the school district
in respect of | 25 |
| services provided or costs incurred in the prior fiscal year,
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| calculated in each case as provided in this Section. Nothing in | 27 |
| this Section
shall change the nature of payments for any | 28 |
| program that, apart from this
Section, would be or, prior to | 29 |
| adoption or amendment of this Section, was on
the basis of a | 30 |
| payment in a fiscal year in respect of services provided or
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| costs incurred in the prior fiscal year, calculated in each | 32 |
| case as provided
in this Section.
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| (d) For fiscal year 1996 and each fiscal year thereafter, | 34 |
| the amount
of the district's block grants shall be determined | 35 |
| as follows:
(i) with respect to each program that is included | 36 |
| within each block grant, the
district shall receive an amount |
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| equal to the same percentage of the current
fiscal year | 2 |
| appropriation made for that program as the percentage of the
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| appropriation received by the district from the 1995 fiscal | 4 |
| year appropriation
made for that program, and
(ii) the total | 5 |
| amount that is due the district under the block grant shall be
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| the aggregate of the amounts that the district is entitled to | 7 |
| receive for the
fiscal year with respect to each program that | 8 |
| is included within the block
grant that the State Board of | 9 |
| Education shall award the district under this
Section for that | 10 |
| fiscal year. In the case of the Summer Bridges program,
the | 11 |
| amount of the district's block grant shall be equal to 44% of | 12 |
| the amount
of the current fiscal year appropriation made for | 13 |
| that program.
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| (e) The district is not required to file any application or | 15 |
| other claim in
order to receive the block grants to which it is | 16 |
| entitled under this Section.
The State Board of Education shall | 17 |
| make payments to the district of amounts due
under the | 18 |
| district's block grants on a schedule determined by the State | 19 |
| Board
of Education.
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| (f) A school district to which this Section applies shall | 21 |
| report to the
State Board of Education on its use of the block | 22 |
| grants in such form and detail
as the State Board of Education | 23 |
| may specify.
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| (g) This paragraph provides for the treatment of block | 25 |
| grants under Article
1C for purposes of calculating the amount | 26 |
| of block grants for a district under
this Section. Those block | 27 |
| grants under Article 1C are, for this
purpose, treated as | 28 |
| included in the amount of appropriation for the various
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| programs set forth in paragraph (b) above. The appropriation in | 30 |
| each current
fiscal year for each block grant under Article 1C | 31 |
| shall be treated for these
purposes as appropriations for the | 32 |
| individual program included in that block
grant. The proportion | 33 |
| of each block grant so allocated to each such program
included | 34 |
| in it shall be the proportion which the appropriation for that | 35 |
| program
was of all appropriations for such purposes now in that | 36 |
| block grant, in fiscal
1995.
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| Payments to the school district under this Section with | 2 |
| respect to each
program for which payments to school districts | 3 |
| generally, as of the date of
this
amendatory Act of the 92nd | 4 |
| General Assembly, are on a reimbursement basis
shall continue | 5 |
| to be made to the district on a reimbursement basis, pursuant
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| to the provisions of this Code governing those programs.
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| (h) Notwithstanding any other provision of law, any school | 8 |
| district
receiving a block grant under this Section may | 9 |
| classify all or a portion of
the funds that it receives in a | 10 |
| particular fiscal year from any block grant
authorized under | 11 |
| this Code or from general State aid pursuant to Section
18-8.05 | 12 |
| of this Code (other than supplemental general State aid) as
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| funds received in connection with any funding program for which | 14 |
| it is
entitled to receive funds from the State in that fiscal | 15 |
| year (including,
without limitation, any funding program | 16 |
| referred to in subsection (c) of
this Section), regardless of | 17 |
| the source or timing of the receipt. The
district may not | 18 |
| classify more funds as funds received in connection
with the | 19 |
| funding program than the district is entitled to receive in | 20 |
| that
fiscal year for that program. Any classification by a | 21 |
| district must be made by
a resolution
of its board of | 22 |
| education. The resolution must identify the amount of any
block | 23 |
| grant or general State aid to be classified under this | 24 |
| subsection (h)
and must specify the funding program to which | 25 |
| the funds are to be
treated as received in connection | 26 |
| therewith. This resolution is
controlling as to the | 27 |
| classification of funds referenced therein. A certified
copy of | 28 |
| the resolution must be sent to the State Superintendent of
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| Education.
The resolution shall still take effect even though a | 30 |
| copy of the resolution
has not been sent to the State
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| Superintendent of Education in a timely manner.
No | 32 |
| classification under this subsection (h) by a district shall
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| affect the total amount or timing of money the district is | 34 |
| entitled to receive
under this Code.
No classification under | 35 |
| this subsection (h) by a district
shall in any way relieve the | 36 |
| district from or affect any
requirements that otherwise would |
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| apply with respect to the
block grant as provided in this | 2 |
| Section, including any
accounting of funds by source, reporting | 3 |
| expenditures by
original source and purpose,
reporting | 4 |
| requirements, or requirements of provision of
services.
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| (Source: P.A. 92-568, eff. 6-26-02; 92-651, eff.
7-11-02; | 6 |
| 93-21, eff. 7-1-03; 93-53, eff. 7-1-03; revised 9-11-03.)
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| (105 ILCS 5/14-7.02b new)
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| Sec. 14-7.02b. Funding for children requiring special | 9 |
| education services.
Payments to school districts and joint | 10 |
| agreements for children requiring
special education services | 11 |
| documented in their individualized education
program | 12 |
| regardless of the program from which these services are | 13 |
| received,
excluding children claimed under Sections 14-7.02 | 14 |
| and 14-7.03 of this Code,
shall
be made in accordance with this | 15 |
| Section. Funds received under this Section
may be used only for | 16 |
| the provision of special educational facilities and
services as | 17 |
| defined in Section 14-1.08 of this Code.
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| The appropriation for fiscal year 2005 and thereafter shall | 19 |
| be based upon
the IDEA child count of all students in the | 20 |
| State, excluding students
claimed under Sections 14-7.02 and | 21 |
| 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
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| preceding, multiplied by 17.5% of the general State aid
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| foundation level of support established for that fiscal year | 24 |
| under Section
18-8.05 of
this Code.
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| Beginning with fiscal year 2005 and thereafter, individual | 26 |
| school districts
shall not receive payments under this Section | 27 |
| totaling less than they received
under the
funding authorized | 28 |
| under Section 14-7.02a of this Code
during fiscal year 2004, | 29 |
| pursuant to the provisions of Section 14-7.02a as they
were in | 30 |
| effect before the effective date of this amendatory Act of the | 31 |
| 93rd
General Assembly. This base level funding shall be | 32 |
| computed first.
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| An amount equal to 85% of the funds remaining in the | 34 |
| appropriation after
subtracting the base
level funding shall be | 35 |
| allocated to school districts based upon the
district's average |
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| daily attendance reported for purposes of Section
18-8.05 of | 2 |
| this Code for the preceding school year. Fifteen percent of the
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| funds
remaining in the appropriation after subtracting the base | 4 |
| level funding
shall be allocated to school districts based upon | 5 |
| the district's low income
eligible pupil count used in the | 6 |
| calculation of general State aid under Section
18-8.05 of this | 7 |
| Code for the same fiscal year. One hundred percent of the
funds
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| computed and allocated to districts under this Section shall be | 9 |
| distributed and
paid to school districts.
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| For individual
students with disabilities whose program | 11 |
| costs exceed 4 times the
district's per capita tuition rate
as | 12 |
| calculated under Section 10-20.12a of this Code, the costs in | 13 |
| excess
of 4 times the district's per capita tuition rate shall | 14 |
| be paid by the State
Board of Education from unexpended IDEA | 15 |
| discretionary funds originally
designated for room and board | 16 |
| reimbursement pursuant to Section
14-8.01 of this Code. The | 17 |
| amount of tuition for these children shall be
determined by the | 18 |
| actual cost of maintaining classes for these children,
using | 19 |
| the per
capita cost formula set forth in Section 14-7.01 of | 20 |
| this Code, with the
program and cost being pre-approved by the | 21 |
| State Superintendent of
Education.
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| The State Board of Education shall prepare vouchers equal | 23 |
| to one-fourth the
amount allocated to districts and their joint | 24 |
| agreements, for transmittal
to the State Comptroller on the | 25 |
| 30th day of September, December, and March,
respectively, and | 26 |
| the final voucher, no later than June 20. The Comptroller
shall | 27 |
| make payments pursuant to this Section to school districts and | 28 |
| their
joint agreements as soon as possible after receipt of | 29 |
| vouchers. If the money
appropriated from the General Assembly | 30 |
| for such purposes for any year is
insufficient, it shall be | 31 |
| apportioned on the basis of the payments due to
school | 32 |
| districts.
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| Nothing in this Section shall be construed to decrease or | 34 |
| increase the
percentage of all special education funds that are | 35 |
| allocated annually
under Article 1D of this Code
or to alter | 36 |
| the requirement that a
school district provide special |
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| education services.
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| Nothing in this amendatory Act of the 93rd General Assembly | 3 |
| shall
eliminate any reimbursement obligation owed as of the | 4 |
| effective date of this
amendatory Act of the 93rd General | 5 |
| Assembly to a school district with in excess
of 500,000 | 6 |
| inhabitants.
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| (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
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| Sec. 14-8.01. Supervision of special education buildings | 9 |
| and
facilities. All special educational facilities, building | 10 |
| programs,
housing, and all educational programs for the types | 11 |
| of disabled children
defined in Section 14-1.02 shall be under | 12 |
| the
supervision of and
subject to the approval of the State | 13 |
| Board of Education.
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| All special education facilities, building programs, and
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| housing shall comply with the building code authorized by | 16 |
| Section 2-3.12.
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| All educational programs for children
with disabilities as | 18 |
| defined in Section 14-1.02 administered by any State
agency | 19 |
| shall be under the general supervision of the State Board of
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| Education. Such supervision shall be limited to insuring that | 21 |
| such
educational programs meet standards jointly developed and | 22 |
| agreed to by
both the State Board of Education and the | 23 |
| operating State agency,
including standards for educational | 24 |
| personnel.
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| Any State agency providing special educational programs | 26 |
| for children with disabilities as defined in Section 14-1.02
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| shall promulgate rules and regulations, in consultation with | 28 |
| the State
Board of Education and pursuant to the Illinois | 29 |
| Administrative Procedure
Act as now or hereafter amended, to | 30 |
| insure that all such programs comply
with this Section and | 31 |
| Section 14-8.02.
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| No otherwise qualified disabled child receiving special
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| education
and related services under Article 14 shall solely by | 34 |
| reason of his or
her disability be excluded from the | 35 |
| participation in or be
denied the
benefits of or be subjected |
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| to discrimination under any program or
activity provided by a | 2 |
| State agency.
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| State agencies providing special education and related | 4 |
| services,
including room and board, either directly or through | 5 |
| grants or purchases
of services shall continue to provide these | 6 |
| services according to
current law and practice. Room and board | 7 |
| costs not provided by a State
agency other than the State Board | 8 |
| of Education shall be provided by the
State Board of Education | 9 |
| to the extent of available funds. An amount equal
to one-half | 10 |
| of the State
education agency's share of IDEA PART B federal | 11 |
| monies, or so
much thereof
as may actually be needed, shall | 12 |
| annually be appropriated to pay for the
additional costs of | 13 |
| providing for room and board for those children
placed pursuant | 14 |
| to Section 14-7.02 of this Code
Act and, after all such
room | 15 |
| and
board costs are paid, for similar expenditures
for children | 16 |
| served pursuant to
Section 14-7.02 or 14-7.02b
14-7.02a of this | 17 |
| Code. Any such excess
room and board funds must first be | 18 |
| directed to those school districts
with students costing in | 19 |
| excess of 4 times the district's per capita tuition
charge and | 20 |
| then to
Act, based in
community based programs that serve as | 21 |
| alternatives to residential
placements.
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| Beginning with Fiscal Year 1997 and continuing through | 23 |
| Fiscal Year 2000,
100% of the former Chapter I, Section 89-313 | 24 |
| federal funds shall be allocated
by
the State Board of | 25 |
| Education in the same manner as IDEA, PART B "flow through"
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| funding to local school districts, joint agreements, and | 27 |
| special education
cooperatives for the maintenance of | 28 |
| instructional and related support services
to students with | 29 |
| disabilities.
However, beginning with Fiscal Year 1998, the | 30 |
| total IDEA Part B discretionary
funds available to the State | 31 |
| Board of Education shall not exceed the maximum
permissible | 32 |
| under federal law or 20% of the total federal funds available | 33 |
| to
the State, whichever is less. In no case shall the aggregate | 34 |
| IDEA Part B
discretionary funds received by the
State Board of | 35 |
| Education exceed the amount of IDEA Part B discretionary
funds | 36 |
| available to the State Board of Education for Fiscal Year 1997, |
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| excluding
any carryover funds from prior fiscal years, | 2 |
| increased by 3% for Fiscal Year
1998 and increased by an | 3 |
| additional 3% for each fiscal year thereafter. After
all room | 4 |
| and board
payments and similar
expenditures are made by the | 5 |
| State Board of Education as required by this
Section, the State | 6 |
| Board of Education may use the remaining funds for
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| administration and for providing discretionary activities. | 8 |
| However, the State
Board of Education may use no more than 25% | 9 |
| of its available IDEA Part B
discretionary funds for | 10 |
| administrative services.
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| Special education and related services included in the | 12 |
| child's
individualized educational program which are not | 13 |
| provided by another
State agency shall be included in the | 14 |
| special education and related
services provided by the State | 15 |
| Board of Education and the local school
district.
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| The State Board of Education with the advice of the | 17 |
| Advisory Council
shall prescribe the standards and make the | 18 |
| necessary rules and
regulations for special education programs | 19 |
| administered by local school
boards, including but not limited | 20 |
| to establishment of classes, training
requirements of teachers | 21 |
| and other professional personnel, eligibility
and admission of | 22 |
| pupils, the curriculum, class size limitation, building
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| programs, housing, transportation, special equipment and | 24 |
| instructional
supplies, and the applications for claims for | 25 |
| reimbursement. The State
Board of Education shall promulgate | 26 |
| rules and regulations for annual
evaluations of the | 27 |
| effectiveness of all special education programs and
annual | 28 |
| evaluation by the local school district of the individualized
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| educational program for each child for whom it provides special
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| education services.
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| A school district is responsible for the provision of | 32 |
| educational
services for all school age children residing | 33 |
| within its boundaries
excluding any student placed under the | 34 |
| provisions of Section 14-7.02 or any
disabled student whose | 35 |
| parent or guardian lives outside of the State of
Illinois as | 36 |
| described in Section 14-1.11.
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| (Source: P.A. 89-397, eff. 8-20-95; 89-622, eff. 8-9-96; | 2 |
| 90-547, eff.
12-1-97.)
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| (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
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| Sec. 18-4.3. Summer school grants. Grants shall be | 5 |
| determined for
pupil attendance in summer schools conducted | 6 |
| under Sections 10-22.33A
and 34-18 and approved under Section | 7 |
| 2-3.25 in the following manner.
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| The amount of grant for each accredited summer school | 9 |
| attendance pupil shall
be obtained by dividing the total amount | 10 |
| of apportionments determined under
Section 18-8.05 by the
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| actual
number of pupils in average daily attendance used for | 12 |
| such
apportionments. The number of credited summer school | 13 |
| attendance pupils
shall be determined (a) by counting clock | 14 |
| hours of class instruction by
pupils enrolled in grades 1 | 15 |
| through 12 in approved courses conducted at
least 60 clock | 16 |
| hours in summer sessions; (b) by dividing such total of
clock | 17 |
| hours of class instruction by 4 to produce days of credited | 18 |
| pupil
attendance; (c) by dividing such days of credited pupil | 19 |
| attendance by
the actual number of days in the regular term as | 20 |
| used in computation in
the general apportionment in Section | 21 |
| 18-8.05; and (d) by
multiplying by
1.25.
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| The amount of the grant for a summer school program | 23 |
| approved by the
State Superintendent of Education for children | 24 |
| with
disabilities, as defined
in Sections 14-1.02 through | 25 |
| 14-1.07, shall be determined in the manner
contained above | 26 |
| except that average daily membership shall be utilized
in lieu | 27 |
| of average daily attendance.
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| In the case of an apportionment based on summer school | 29 |
| attendance or
membership pupils, the claim therefor shall be | 30 |
| presented as a separate
claim for the particular school year in | 31 |
| which such summer school
session ends. On or before November 1 | 32 |
| of each year the
superintendent of each eligible school | 33 |
| district shall certify to
the State Superintendent of Education | 34 |
| the claim
of the district for the summer
session just ended. | 35 |
| Failure on the part of the school board to so
certify shall |
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| constitute a forfeiture of its right to such payment. The State | 2 |
| Superintendent of Education shall transmit to the
Comptroller | 3 |
| no later than December 15th of each year
vouchers for payment | 4 |
| of amounts due school districts for
summer school. The State | 5 |
| Superintendent of Education shall direct the
Comptroller to | 6 |
| draw his warrants for payments thereof by the 30th
day of | 7 |
| December. If the money appropriated by the
General Assembly for | 8 |
| such purpose for any year is insufficient, it shall
be | 9 |
| apportioned on the basis of claims approved.
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| However, notwithstanding the foregoing provisions, for | 11 |
| each fiscal year the
money appropriated by the General
Assembly | 12 |
| for the purposes of this Section shall only be used for grants
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| for approved summer school programs for those children with
| 14 |
| disabilities served pursuant to Sections 14-7.02 and 14-7.02b
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| of this
the School
Code.
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| (Source: P.A. 90-548, eff. 1-1-98; 91-764, eff. 6-9-00.)
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| (105 ILCS 5/14-7.02a rep.)
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| Section 10. The School Code is amended by repealing Section | 19 |
| 14-7.02a.
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law. |
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