Full Text of SB0517 102nd General Assembly
SB0517sam002 102ND GENERAL ASSEMBLY | Sen. Meg Loughran Cappel Filed: 4/16/2021
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| 1 | | AMENDMENT TO SENATE BILL 517
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 517, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The School Code is amended by changing | 6 | | Sections 14-1.08 and 14-7.02 and by adding Section 14-1.08a as | 7 | | follows:
| 8 | | (105 ILCS 5/14-1.08) (from Ch. 122, par. 14-1.08)
| 9 | | Sec. 14-1.08. Special educational facilities and services. | 10 | | "Special
educational facilities and services" includes special | 11 | | schools, special
classes, special housing, including | 12 | | residential facilities, separate public special education day | 13 | | schools as part of the pilot program under Section 14-1.08a, | 14 | | special
instruction, special reader service,
braillists and | 15 | | typists for children with visual
disabilities, sign language
| 16 | | interpreters, transportation, maintenance, instructional |
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| 1 | | material,
therapy, professional consultant services, medical | 2 | | services only for
diagnostic and evaluation purposes provided | 3 | | by a physician licensed to
practice medicine in all its | 4 | | branches to determine a child's need for
special education and | 5 | | related services, psychological services, school
social worker | 6 | | services, special administrative services, salaries of all
| 7 | | required special personnel, and other special educational | 8 | | services,
including special equipment for use in the | 9 | | classroom, required by the
child because of his disability if | 10 | | such services or special equipment
are approved by the State | 11 | | Superintendent of Education
and the child is eligible
therefor | 12 | | under this Article and the regulations of the State Board of
| 13 | | Education.
| 14 | | (Source: P.A. 89-397, eff. 8-20-95.)
| 15 | | (105 ILCS 5/14-1.08a new) | 16 | | Sec. 14-1.08a. Separate public special education day | 17 | | school. "Separate public special education day school" means a | 18 | | separate public special education program or facility | 19 | | established by a school district or special education | 20 | | cooperative that is selected to participate in the pilot | 21 | | program under this Section. | 22 | | The State Board of Education shall select 25 applicants to | 23 | | participate in a pilot program that allows program | 24 | | participants to be included under Sections 14-1.08 and 14-7.02 | 25 | | during the 2021-2022 and 2022-2023 school years. A separate |
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| 1 | | public special education program or facility is eligible to be | 2 | | selected as a program participant if the separate public | 3 | | special education program or facility is established | 4 | | exclusively to meet the needs of special education students | 5 | | who cannot be educated in the general school environment and | 6 | | provides services comparable to a private special education | 7 | | school. | 8 | | The State Board of Education shall adopt rules to | 9 | | implement and administer this Section.
| 10 | | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| 11 | | Sec. 14-7.02. Children attending private schools, public
| 12 | | out-of-state schools, public school residential facilities or | 13 | | private
special education facilities. The General Assembly | 14 | | recognizes that non-public
schools or special education | 15 | | facilities provide an important service in the
educational | 16 | | system in Illinois.
| 17 | | If because of his or her disability the special education
| 18 | | program of a district is unable to meet the needs of a child | 19 | | and the
child attends a non-public school or special education | 20 | | facility, a
public out-of-state school or a special education | 21 | | facility owned and
operated by a county government unit that | 22 | | provides special educational
services required by the child | 23 | | and is in compliance with the appropriate
rules and | 24 | | regulations of the State Superintendent of Education, the
| 25 | | school district in which the child is a resident shall pay the |
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| 1 | | actual
cost of tuition for special education and related | 2 | | services , including special education and related services | 3 | | provided by a separate public special education day school as | 4 | | part of the pilot program under Section 14-1.08a, provided
| 5 | | during the regular school term and during the summer school | 6 | | term if the
child's educational needs so require, excluding | 7 | | room, board and
transportation costs charged the child by that | 8 | | non-public school or
special education facility, public | 9 | | out-of-state school or county special
education facility, or | 10 | | $4,500 per year, whichever is less, and shall
provide him any | 11 | | necessary transportation. "Nonpublic special
education | 12 | | facility" shall include a residential facility,
within or | 13 | | without the State of Illinois, which provides
special | 14 | | education and related services to meet the needs of the child | 15 | | by
utilizing private schools or public schools, whether | 16 | | located on the site
or off the site of the residential | 17 | | facility.
| 18 | | The State Board of Education shall promulgate rules and | 19 | | regulations
for determining when placement in a private | 20 | | special education facility
is appropriate. Such rules and | 21 | | regulations shall take into account
the various types of | 22 | | services needed by a child and the availability
of such | 23 | | services to the particular child in the public school.
In | 24 | | developing these rules and regulations the State Board of
| 25 | | Education shall consult with the Advisory Council on
Education | 26 | | of Children with Disabilities and hold public
hearings to |
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| 1 | | secure recommendations from parents, school personnel,
and | 2 | | others concerned about this matter.
| 3 | | The State Board of Education shall also promulgate rules | 4 | | and
regulations for transportation to and from a residential | 5 | | school.
Transportation to and from home to a residential | 6 | | school more than once
each school term shall be subject to | 7 | | prior approval by the State
Superintendent in accordance with | 8 | | the rules and regulations of the State
Board.
| 9 | | A school district making tuition payments pursuant to this
| 10 | | Section is eligible for reimbursement from the State for the | 11 | | amount of
such payments actually made in excess of the | 12 | | district per capita tuition
charge for students not receiving | 13 | | special education services.
Such reimbursement shall be | 14 | | approved in accordance with Section 14-12.01
and each district | 15 | | shall file its claims, computed in accordance with rules
| 16 | | prescribed by the State Board of Education, on forms | 17 | | prescribed by the
State Superintendent of Education. Data used | 18 | | as a basis of reimbursement
claims shall be for the preceding | 19 | | regular school term and summer school
term. Each school | 20 | | district shall transmit its claims to the State Board of | 21 | | Education
on or before
August 15. The State Board of | 22 | | Education, before approving any such claims,
shall determine | 23 | | their accuracy and whether they are based upon services
and | 24 | | facilities provided under approved programs. Upon approval the | 25 | | State
Board shall cause vouchers to be prepared showing the | 26 | | amount due
for payment of reimbursement claims to school
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| 1 | | districts, for transmittal to the State Comptroller on
the | 2 | | 30th day of September, December, and March, respectively, and | 3 | | the final
voucher, no later than June 20. If the
money | 4 | | appropriated by the General Assembly for such purpose for any | 5 | | year
is insufficient, it shall be apportioned on the basis of | 6 | | the claims approved.
| 7 | | No child shall be placed in a special education program | 8 | | pursuant to
this Section if the tuition cost for special | 9 | | education and related
services increases more than 10 percent | 10 | | over the tuition cost for the
previous school year or exceeds | 11 | | $4,500 per year unless such costs have
been approved by the | 12 | | Illinois Purchased Care Review Board. The
Illinois Purchased | 13 | | Care Review Board shall consist of the following
persons, or | 14 | | their designees: the Directors of Children and Family
| 15 | | Services, Public Health,
Public Aid, and the
Governor's Office | 16 | | of Management and Budget; the
Secretary of Human Services; the | 17 | | State Superintendent of Education; and such
other persons as | 18 | | the
Governor may designate. The Review Board shall also | 19 | | consist of one non-voting member who is an administrator of a
| 20 | | private, nonpublic, special education school. The Review Board | 21 | | shall establish rules and
regulations for its determination of | 22 | | allowable costs and payments made by
local school districts | 23 | | for special education, room and board, and other related
| 24 | | services provided by non-public schools or special education | 25 | | facilities and
shall establish uniform standards and criteria | 26 | | which it shall follow. The Review Board shall approve the |
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| 1 | | usual and customary rate or rates of a special education | 2 | | program that (i) is offered by an out-of-state, non-public | 3 | | provider of integrated autism specific educational and autism | 4 | | specific residential services, (ii) offers 2 or more levels of | 5 | | residential care, including at least one locked facility, and | 6 | | (iii) serves 12 or fewer Illinois students. | 7 | | In determining rates based on allowable costs, the Review | 8 | | Board shall consider any wage increases awarded by the General | 9 | | Assembly to front line personnel defined as direct support | 10 | | persons, aides, front-line supervisors, qualified intellectual | 11 | | disabilities professionals, nurses, and non-administrative | 12 | | support staff working in service settings in community-based | 13 | | settings within the State and adjust customary rates or rates | 14 | | of a special education program to be equitable to the wage | 15 | | increase awarded to similar staff positions in a community | 16 | | residential setting. Any wage increase awarded by the General | 17 | | Assembly to front line personnel defined as direct support | 18 | | persons, aides, front-line supervisors, qualified intellectual | 19 | | disabilities professionals, nurses, and non-administrative | 20 | | support staff working in community-based settings within the | 21 | | State, including the $0.75 per hour increase contained in | 22 | | Public Act 100-23 and the $0.50 per hour increase included in | 23 | | Public Act 100-23, shall also be a basis for any facility | 24 | | covered by this Section to appeal its rate before the Review | 25 | | Board under the process defined in Title 89, Part 900, Section | 26 | | 340 of the Illinois Administrative Code. Illinois |
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| 1 | | Administrative Code Title 89, Part 900, Section 342 shall be | 2 | | updated to recognize wage increases awarded to community-based | 3 | | settings to be a basis for appeal. However, any wage increase | 4 | | that is captured upon appeal from a previous year shall not be | 5 | | counted by the Review Board as revenue for the purpose of | 6 | | calculating a facility's future rate. | 7 | | Any definition used by the Review Board in administrative | 8 | | rule or policy to define "related organizations" shall include | 9 | | any and all exceptions contained in federal law or regulation | 10 | | as it pertains to the federal definition of "related | 11 | | organizations".
| 12 | | The Review Board shall establish uniform definitions and | 13 | | criteria for
accounting separately by special education, room | 14 | | and board and other
related services costs. The Board shall | 15 | | also establish guidelines for
the coordination of services and | 16 | | financial assistance provided by all
State agencies to assure | 17 | | that no otherwise qualified child with a disability
receiving | 18 | | services under Article 14 shall be excluded from participation
| 19 | | in, be denied the benefits of or be subjected to | 20 | | discrimination under
any program or activity provided by any | 21 | | State agency.
| 22 | | The Review Board shall review the costs for special | 23 | | education and
related services provided by non-public schools | 24 | | or special education
facilities and shall approve or | 25 | | disapprove such facilities in accordance
with the rules and | 26 | | regulations established by it with respect to
allowable costs.
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| 1 | | The State Board of Education shall provide administrative | 2 | | and staff support
for the Review Board as deemed reasonable by | 3 | | the State Superintendent of
Education. This support shall not | 4 | | include travel expenses or other
compensation for any Review | 5 | | Board member other than the State Superintendent of
Education.
| 6 | | The Review Board shall seek the advice of the Advisory | 7 | | Council on
Education of Children with Disabilities on the | 8 | | rules and
regulations to be
promulgated by it relative to | 9 | | providing special education services.
| 10 | | If a child has been placed in a program in which the actual | 11 | | per pupil costs
of tuition for special education and related | 12 | | services based on program
enrollment, excluding room, board | 13 | | and transportation costs, exceed $4,500 and
such costs have | 14 | | been approved by the Review Board, the district shall pay such
| 15 | | total costs which exceed $4,500. A district making such | 16 | | tuition payments in
excess of $4,500 pursuant to this Section | 17 | | shall be responsible for an amount in
excess of $4,500 equal to | 18 | | the district per capita
tuition charge and shall be eligible | 19 | | for reimbursement from the State for
the amount of such | 20 | | payments actually made in excess of the districts per capita
| 21 | | tuition charge for students not receiving special education | 22 | | services.
| 23 | | If a child has been placed in an approved individual | 24 | | program and the
tuition costs including room and board costs | 25 | | have been approved by the
Review Board, then such room and | 26 | | board costs shall be paid by the
appropriate State agency |
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| 1 | | subject to the provisions of Section 14-8.01 of
this Act. Room | 2 | | and board costs not provided by a State agency other
than the | 3 | | State Board of Education shall be provided by the State Board
| 4 | | of Education on a current basis. In no event, however, shall | 5 | | the
State's liability for funding of these tuition costs begin | 6 | | until after
the legal obligations of third party payors have | 7 | | been subtracted from
such costs. If the money appropriated by | 8 | | the General Assembly for such
purpose for any year is | 9 | | insufficient, it shall be apportioned on the
basis of the | 10 | | claims approved. Each district shall submit estimated claims | 11 | | to the State
Superintendent of Education. Upon approval of | 12 | | such claims, the State
Superintendent of Education shall | 13 | | direct the State Comptroller to make payments
on a monthly | 14 | | basis. The frequency for submitting estimated
claims and the | 15 | | method of determining payment shall be prescribed in rules
and | 16 | | regulations adopted by the State Board of Education. Such | 17 | | current state
reimbursement shall be reduced by an amount | 18 | | equal to the proceeds which
the child or child's parents are | 19 | | eligible to receive under any public or
private insurance or | 20 | | assistance program. Nothing in this Section shall
be construed | 21 | | as relieving an insurer or similar third party from an
| 22 | | otherwise valid obligation to provide or to pay for services | 23 | | provided to
a child with a disability.
| 24 | | If it otherwise qualifies, a school district is eligible | 25 | | for the
transportation reimbursement under Section 14-13.01 | 26 | | and for the
reimbursement of tuition payments under this |
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| 1 | | Section whether the
non-public school or special education | 2 | | facility, public out-of-state
school or county special | 3 | | education facility, attended by a child who
resides in that | 4 | | district and requires special educational services, is
within | 5 | | or outside of the State of Illinois. However, a district is not
| 6 | | eligible to claim transportation reimbursement under this | 7 | | Section unless
the district certifies to the State | 8 | | Superintendent of Education that the
district is unable to | 9 | | provide special educational services required by
the child for | 10 | | the current school year.
| 11 | | Nothing in this Section authorizes the reimbursement of a | 12 | | school
district for the amount paid for tuition of a child | 13 | | attending a
non-public school or special education facility, | 14 | | public out-of-state
school or county special education | 15 | | facility unless the school district
certifies to the State | 16 | | Superintendent of Education that the special
education program | 17 | | of that district is unable to meet the needs of that child
| 18 | | because of his disability and the State Superintendent of | 19 | | Education finds
that the school district is in substantial | 20 | | compliance with Section 14-4.01. However, if a child is | 21 | | unilaterally placed by a State agency or any court in a | 22 | | non-public school or special education facility, public | 23 | | out-of-state school, or county special education facility, a | 24 | | school district shall not be required to certify to the State | 25 | | Superintendent of Education, for the purpose of tuition | 26 | | reimbursement, that the special education program of that |
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| 1 | | district is unable to meet the needs of a child because of his | 2 | | or her disability.
| 3 | | Any educational or related services provided, pursuant to | 4 | | this
Section in a non-public school or special education | 5 | | facility or a
special education facility owned and operated by | 6 | | a county government
unit shall be at no cost to the parent or | 7 | | guardian of the child.
However, current law and practices | 8 | | relative to contributions by parents
or guardians for costs | 9 | | other than educational or related services are
not affected by | 10 | | this amendatory Act of 1978.
| 11 | | Reimbursement for children attending public school | 12 | | residential facilities
shall be made in accordance with the | 13 | | provisions of this Section.
| 14 | | Notwithstanding any other provision of law, any school | 15 | | district
receiving a payment under this Section or under | 16 | | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | 17 | | all or a portion of the funds that
it receives in a particular | 18 | | fiscal year or from general State aid pursuant
to Section | 19 | | 18-8.05 of this Code
as funds received in connection with any | 20 | | funding program for which
it is entitled to receive funds from | 21 | | the State in that fiscal year (including,
without limitation, | 22 | | any funding program referenced in this Section),
regardless of | 23 | | the source or timing of the receipt. The district may not
| 24 | | classify more funds as funds received in connection with the | 25 | | funding
program than the district is entitled to receive in | 26 | | that fiscal year for that
program. Any
classification by a |
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| 1 | | district must be made by a resolution of its board of
| 2 | | education. The resolution must identify the amount of any | 3 | | payments or
general State aid to be classified under this | 4 | | paragraph and must specify
the funding program to which the | 5 | | funds are to be treated as received in
connection therewith. | 6 | | This resolution is controlling as to the
classification of | 7 | | funds referenced therein. A certified copy of the
resolution | 8 | | must be sent to the State Superintendent of Education.
The | 9 | | resolution shall still take effect even though a copy of the | 10 | | resolution has
not been sent to the State
Superintendent of | 11 | | Education in a timely manner.
No
classification under this | 12 | | paragraph by a district shall affect the total amount
or | 13 | | timing of money the district is entitled to receive under this | 14 | | Code.
No classification under this paragraph by a district | 15 | | shall
in any way relieve the district from or affect any
| 16 | | requirements that otherwise would apply with respect to
that | 17 | | funding program, including any
accounting of funds by source, | 18 | | reporting expenditures by
original source and purpose,
| 19 | | reporting requirements,
or requirements of providing services.
| 20 | | (Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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