Full Text of SB3606 103rd General Assembly
SB3606enr 103RD GENERAL ASSEMBLY | | | SB3606 Enrolled | | LRB103 38969 RJT 69106 b |
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| 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 | | 14-1.08 and 14-7.02 and by adding Section 14-1.08a as follows: | 6 | | (105 ILCS 5/14-1.08) (from Ch. 122, par. 14-1.08) | 7 | | Sec. 14-1.08. Special educational facilities and services. | 8 | | "Special educational facilities and services" includes private | 9 | | special schools, separate public special education day | 10 | | schools, special classes, special housing, including | 11 | | residential facilities, special instruction, special reader | 12 | | service, braillists and typists for children with visual | 13 | | disabilities, sign language interpreters, transportation, | 14 | | maintenance, instructional material, therapy, professional | 15 | | consultant services, medical services only for diagnostic and | 16 | | evaluation purposes provided by a physician licensed to | 17 | | practice medicine in all its branches to determine a child's | 18 | | need for special education and related services, psychological | 19 | | services, school social worker services, special | 20 | | administrative services, salaries of all required special | 21 | | personnel, and other special educational services, including | 22 | | special equipment for use in the classroom, required by the | 23 | | child because of his disability if such services or special |
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| 1 | | equipment are approved by the State Superintendent of | 2 | | Education and the child is eligible therefor under this | 3 | | Article and the regulations of the State Board of Education. | 4 | | (Source: P.A. 89-397, eff. 8-20-95.) | 5 | | (105 ILCS 5/14-1.08a new) | 6 | | Sec. 14-1.08a. Separate public special education day | 7 | | school. "Separate public special education day school" means a | 8 | | separate special education program or facility that is | 9 | | established by a school district, public school, regional | 10 | | office of education, or special education cooperative | 11 | | exclusively to meet the needs of special education students | 12 | | who cannot be educated in the general school environment and | 13 | | that provides services comparable to a private special | 14 | | education school. | 15 | | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02) | 16 | | Sec. 14-7.02. Children attending private special education | 17 | | schools, separate public special education day schools, public | 18 | | out-of-state schools, public school residential facilities , or | 19 | | private special education facilities. | 20 | | (a) The General Assembly recognizes that non-public | 21 | | schools or special education facilities provide an important | 22 | | service in the educational system in Illinois. | 23 | | (b) If a student's individualized education program (IEP) | 24 | | team determines that because of his or her disability the |
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| 1 | | special education program of a district is unable to meet the | 2 | | needs of the child and the child attends a non-public school or | 3 | | special education facility, a public out-of-state school or a | 4 | | special education facility owned and operated by a county | 5 | | government unit that provides special educational services | 6 | | required by the child and is in compliance with the | 7 | | appropriate rules and regulations of the State Superintendent | 8 | | of Education, the school district in which the child is a | 9 | | resident shall pay the actual cost of tuition for special | 10 | | education and related services provided during the regular | 11 | | school term and during the summer school term if the child's | 12 | | educational needs so require, excluding room, board and | 13 | | transportation costs charged the child by that non-public | 14 | | school or special education facility, public out-of-state | 15 | | school or county special education facility, or $4,500 per | 16 | | year, whichever is less, and shall provide him any necessary | 17 | | transportation. "Nonpublic special education facility" shall | 18 | | include a residential facility, within or without the State of | 19 | | Illinois, which provides special education and related | 20 | | services to meet the needs of the child by utilizing private | 21 | | schools or public schools, whether located on the site or off | 22 | | the site of the residential facility. Resident district | 23 | | financial responsibility and reimbursement applies for both | 24 | | nonpublic special education facilities that are approved by | 25 | | the State Board of Education pursuant to 23 Ill. Adm. Code 401 | 26 | | or other applicable laws or rules and for emergency |
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| 1 | | residential placements in nonpublic special education | 2 | | facilities that are not approved by the State Board of | 3 | | Education pursuant to 23 Ill. Adm. Code 401 or other | 4 | | applicable laws or rules, subject to the requirements of this | 5 | | Section. | 6 | | (c) Prior to the placement of a child in an out-of-state | 7 | | special education residential facility, the school district | 8 | | must refer to the child or the child's parent or guardian the | 9 | | option to place the child in a special education residential | 10 | | facility located within this State, if any, that provides | 11 | | treatment and services comparable to those provided by the | 12 | | out-of-state special education residential facility. The | 13 | | school district must review annually the placement of a child | 14 | | in an out-of-state special education residential facility. As | 15 | | a part of the review, the school district must refer to the | 16 | | child or the child's parent or guardian the option to place the | 17 | | child in a comparable special education residential facility | 18 | | located within this State, if any. | 19 | | (c-5) Before a provider that operates a nonpublic special | 20 | | education facility terminates a student's placement in that | 21 | | facility, the provider must request an IEP meeting from the | 22 | | contracting school district. If the provider elects to | 23 | | terminate the student's placement following the IEP meeting, | 24 | | the provider must give written notice to this effect to the | 25 | | parent or guardian, the contracting public school district, | 26 | | and the State Board of Education no later than 20 business days |
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| 1 | | before the date of termination, unless the health and safety | 2 | | of any student are endangered. The notice must include the | 3 | | detailed reasons for the termination and any actions taken to | 4 | | address the reason for the termination. | 5 | | (d) Payments shall be made by the resident school district | 6 | | to the entity providing the educational services, whether the | 7 | | entity is the nonpublic special education facility or the | 8 | | school district wherein the facility is located, no less than | 9 | | once per quarter, unless otherwise agreed to in writing by the | 10 | | parties. | 11 | | (e) A school district may residentially place a student in | 12 | | a nonpublic special education facility providing educational | 13 | | services, but not approved by the State Board of Education | 14 | | pursuant to 23 Ill. Adm. Code 401 or other applicable laws or | 15 | | rules, provided that the State Board of Education provides an | 16 | | emergency and student-specific approval for residential | 17 | | placement. The State Board of Education shall promptly, within | 18 | | 10 days after the request, approve a request for emergency and | 19 | | student-specific approval for residential placement if the | 20 | | following have been demonstrated to the State Board of | 21 | | Education: | 22 | | (1) the facility demonstrates appropriate licensure of | 23 | | teachers for the student population; | 24 | | (2) the facility demonstrates age-appropriate | 25 | | curriculum; | 26 | | (3) the facility provides enrollment and attendance |
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| 1 | | data; | 2 | | (4) the facility demonstrates the ability to implement | 3 | | the child's IEP; and | 4 | | (5) the school district demonstrates that it made good | 5 | | faith efforts to residentially place the student in an | 6 | | approved facility, but no approved facility has accepted | 7 | | the student or has availability for immediate residential | 8 | | placement of the student. | 9 | | A resident school district may also submit such proof to the | 10 | | State Board of Education as may be required for its student. | 11 | | The State Board of Education may not unreasonably withhold | 12 | | approval once satisfactory proof is provided to the State | 13 | | Board. | 14 | | (f) If an impartial due process hearing officer who is | 15 | | contracted by the State Board of Education pursuant to this | 16 | | Article orders placement of a student with a disability in a | 17 | | residential facility that is not approved by the State Board | 18 | | of Education, then, for purposes of this Section, the facility | 19 | | shall be deemed approved for placement and school district | 20 | | payments and State reimbursements shall be made accordingly. | 21 | | (g) Emergency residential placement in a facility approved | 22 | | pursuant to subsection (e) or (f) may continue to be utilized | 23 | | so long as (i) the student's IEP team determines annually that | 24 | | such placement continues to be appropriate to meet the | 25 | | student's needs and (ii) at least every 3 years following the | 26 | | student's residential placement, the IEP team reviews |
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| 1 | | appropriate placements approved by the State Board of | 2 | | Education pursuant to 23 Ill. Adm. Code 401 or other | 3 | | applicable laws or rules to determine whether there are any | 4 | | approved placements that can meet the student's needs, have | 5 | | accepted the student, and have availability for placement of | 6 | | the student. | 7 | | (h) The State Board of Education shall promulgate rules | 8 | | and regulations for determining when placement in a private | 9 | | special education facility is appropriate. Such rules and | 10 | | regulations shall take into account the various types of | 11 | | services needed by a child and the availability of such | 12 | | services to the particular child in the public school. In | 13 | | developing these rules and regulations the State Board of | 14 | | Education shall consult with the Advisory Council on Education | 15 | | of Children with Disabilities and hold public hearings to | 16 | | secure recommendations from parents, school personnel, and | 17 | | others concerned about this matter. | 18 | | The State Board of Education shall also promulgate rules | 19 | | and regulations for transportation to and from a residential | 20 | | school. Transportation to and from home to a residential | 21 | | school more than once each school term shall be subject to | 22 | | prior approval by the State Superintendent in accordance with | 23 | | the rules and regulations of the State Board. | 24 | | (i) A school district making tuition payments pursuant to | 25 | | this Section is eligible for reimbursement from the State for | 26 | | the amount of such payments actually made in excess of the |
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| 1 | | district per capita tuition charge for students not receiving | 2 | | special education services. Such reimbursement shall be | 3 | | approved in accordance with Section 14-12.01 and each district | 4 | | shall file its claims, computed in accordance with rules | 5 | | prescribed by the State Board of Education, on forms | 6 | | prescribed by the State Superintendent of Education. Data used | 7 | | as a basis of reimbursement claims shall be for the preceding | 8 | | regular school term and summer school term. Each school | 9 | | district shall transmit its claims to the State Board of | 10 | | Education on or before August 15. The State Board of | 11 | | Education, before approving any such claims, shall determine | 12 | | their accuracy and whether they are based upon services and | 13 | | facilities provided under approved programs. Upon approval the | 14 | | State Board shall cause vouchers to be prepared showing the | 15 | | amount due for payment of reimbursement claims to school | 16 | | districts, for transmittal to the State Comptroller on the | 17 | | 30th day of September, December, and March, respectively, and | 18 | | the final voucher, no later than June 20. If the money | 19 | | appropriated by the General Assembly for such purpose for any | 20 | | year is insufficient, it shall be apportioned on the basis of | 21 | | the claims approved. | 22 | | (j) No child shall be placed in a special education | 23 | | program pursuant to this Section if the tuition cost for | 24 | | special education and related services increases more than 10 | 25 | | percent over the tuition cost for the previous school year or | 26 | | exceeds $4,500 per year unless such costs have been approved |
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| 1 | | by the Illinois Purchased Care Review Board. The Illinois | 2 | | Purchased Care Review Board shall consist of the following | 3 | | persons, or their designees: the Directors of Children and | 4 | | Family Services, Public Health, Public Aid, and the Governor's | 5 | | Office of Management and Budget; the Secretary of Human | 6 | | Services; the State Superintendent of Education; and such | 7 | | other persons as the Governor may designate. The Review Board | 8 | | shall also consist of one non-voting member who is an | 9 | | administrator of a private, nonpublic, special education | 10 | | school , one non-voting member who is an administrator of a | 11 | | separate public special education day school, and one | 12 | | non-voting member from a State agency that administers and | 13 | | provides early childhood education and care programs and | 14 | | services to children and families . The Review Board shall | 15 | | establish rules and regulations for its determination of | 16 | | allowable costs and payments made by local school districts | 17 | | for special education, room and board, and other related | 18 | | services provided by non-public schools , separate public | 19 | | special education day schools, or special education facilities | 20 | | and shall establish uniform standards and criteria which it | 21 | | shall follow. The Review Board shall approve the usual and | 22 | | customary rate or rates of a special education program that | 23 | | (i) is offered by an out-of-state, non-public provider of | 24 | | integrated autism specific educational and autism specific | 25 | | residential services, (ii) offers 2 or more levels of | 26 | | residential care, including at least one locked facility, and |
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| 1 | | (iii) serves 12 or fewer Illinois students. | 2 | | (k) In determining rates based on allowable costs, the | 3 | | Review Board shall consider any wage increases awarded by the | 4 | | General Assembly to front line personnel defined as direct | 5 | | support persons, aides, front-line supervisors, qualified | 6 | | intellectual disabilities professionals, nurses, and | 7 | | non-administrative support staff working in service settings | 8 | | in community-based settings within the State and adjust | 9 | | customary rates or rates of a special education program to be | 10 | | equitable to the wage increase awarded to similar staff | 11 | | positions in a community residential setting. Any wage | 12 | | increase awarded by the General Assembly to front line | 13 | | personnel defined as direct support persons, aides, front-line | 14 | | supervisors, qualified intellectual disabilities | 15 | | professionals, nurses, and non-administrative support staff | 16 | | working in community-based settings within the State, | 17 | | including the $0.75 per hour increase contained in Public Act | 18 | | 100-23 and the $0.50 per hour increase included in Public Act | 19 | | 100-23, shall also be a basis for any facility covered by this | 20 | | Section to appeal its rate before the Review Board under the | 21 | | process defined in Title 89, Part 900, Section 340 of the | 22 | | Illinois Administrative Code. Illinois Administrative Code | 23 | | Title 89, Part 900, Section 342 shall be updated to recognize | 24 | | wage increases awarded to community-based settings to be a | 25 | | basis for appeal. However, any wage increase that is captured | 26 | | upon appeal from a previous year shall not be counted by the |
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| 1 | | Review Board as revenue for the purpose of calculating a | 2 | | facility's future rate. | 3 | | (l) Any definition used by the Review Board in | 4 | | administrative rule or policy to define "related | 5 | | organizations" shall include any and all exceptions contained | 6 | | in federal law or regulation as it pertains to the federal | 7 | | definition of "related organizations". | 8 | | (m) The Review Board shall establish uniform definitions | 9 | | and criteria for accounting separately by special education, | 10 | | room and board and other related services costs. The Board | 11 | | shall also establish guidelines for the coordination of | 12 | | services and financial assistance provided by all State | 13 | | agencies to assure that no otherwise qualified child with a | 14 | | disability receiving services under Article 14 shall be | 15 | | excluded from participation in, be denied the benefits of or | 16 | | be subjected to discrimination under any program or activity | 17 | | provided by any State agency. | 18 | | (n) The Review Board shall review the costs for special | 19 | | education and related services provided by non-public schools , | 20 | | separate public special education day schools, or special | 21 | | education facilities and shall approve or disapprove such | 22 | | facilities in accordance with the rules and regulations | 23 | | established by it with respect to allowable costs. | 24 | | (o) The State Board of Education shall provide | 25 | | administrative and staff support for the Review Board as | 26 | | deemed reasonable by the State Superintendent of Education. |
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| 1 | | This support shall not include travel expenses or other | 2 | | compensation for any Review Board member other than the State | 3 | | Superintendent of Education. | 4 | | (p) The Review Board shall seek the advice of the Advisory | 5 | | Council on Education of Children with Disabilities on the | 6 | | rules and regulations to be promulgated by it relative to | 7 | | providing special education services. | 8 | | (q) If a child has been placed in a program in which the | 9 | | actual per pupil costs of tuition for special education and | 10 | | related services based on program enrollment, excluding room, | 11 | | board and transportation costs, exceed $4,500 and such costs | 12 | | have been approved by the Review Board, the district shall pay | 13 | | such total costs which exceed $4,500. A district making such | 14 | | tuition payments in excess of $4,500 pursuant to this Section | 15 | | shall be responsible for an amount in excess of $4,500 equal to | 16 | | the district per capita tuition charge and shall be eligible | 17 | | for reimbursement from the State for the amount of such | 18 | | payments actually made in excess of the district's districts | 19 | | per capita tuition charge for students not receiving special | 20 | | education services. If a child has been placed in a private | 21 | | special education school, separate public special education | 22 | | day school, or private special education facility, a district | 23 | | making tuition payments in excess of $4,500 pursuant to this | 24 | | Section shall be responsible for an amount in excess of $4,500 | 25 | | equal to 2 times the district's per capita tuition charge and | 26 | | shall be eligible for reimbursement from the State for the |
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| 1 | | amount of such payments actually made in excess of 2 times the | 2 | | district's per capita tuition charge for students not | 3 | | receiving special education services. | 4 | | (r) If a child has been placed in an approved individual | 5 | | program and the tuition costs including room and board costs | 6 | | have been approved by the Review Board, then such room and | 7 | | board costs shall be paid by the appropriate State agency | 8 | | subject to the provisions of Section 14-8.01 of this Act. Room | 9 | | and board costs not provided by a State agency other than the | 10 | | State Board of Education shall be provided by the State Board | 11 | | of Education on a current basis. In no event, however, shall | 12 | | the State's liability for funding of these tuition costs begin | 13 | | until after the legal obligations of third party payors have | 14 | | been subtracted from such costs. If the money appropriated by | 15 | | the General Assembly for such purpose for any year is | 16 | | insufficient, it shall be apportioned on the basis of the | 17 | | claims approved. Each district shall submit estimated claims | 18 | | to the State Superintendent of Education. Upon approval of | 19 | | such claims, the State Superintendent of Education shall | 20 | | direct the State Comptroller to make payments on a monthly | 21 | | basis. The frequency for submitting estimated claims and the | 22 | | method of determining payment shall be prescribed in rules and | 23 | | regulations adopted by the State Board of Education. Such | 24 | | current state reimbursement shall be reduced by an amount | 25 | | equal to the proceeds which the child or child's parents are | 26 | | eligible to receive under any public or private insurance or |
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| 1 | | assistance program. Nothing in this Section shall be construed | 2 | | as relieving an insurer or similar third party from an | 3 | | otherwise valid obligation to provide or to pay for services | 4 | | provided to a child with a disability. | 5 | | (s) If it otherwise qualifies, a school district is | 6 | | eligible for the transportation reimbursement under Section | 7 | | 14-13.01 and for the reimbursement of tuition payments under | 8 | | this Section whether the non-public school or special | 9 | | education facility, public out-of-state school or county | 10 | | special education facility, attended by a child who resides in | 11 | | that district and requires special educational services, is | 12 | | within or outside of the State of Illinois. However, a | 13 | | district is not eligible to claim transportation reimbursement | 14 | | under this Section unless the district certifies to the State | 15 | | Superintendent of Education that the district is unable to | 16 | | provide special educational services required by the child for | 17 | | the current school year. | 18 | | (t) Nothing in this Section authorizes the reimbursement | 19 | | of a school district for the amount paid for tuition of a child | 20 | | attending a non-public school or special education facility, a | 21 | | public special education facility, a public out-of-state | 22 | | school , or a county special education facility unless the | 23 | | school district certifies to the State Superintendent of | 24 | | Education that the special education program of that district | 25 | | is unable to meet the needs of that child because of the | 26 | | child's his disability and the State Superintendent of |
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| 1 | | Education finds that the school district is in substantial | 2 | | compliance with Section 14-4.01. However, if a child is | 3 | | unilaterally placed by a State agency or any court in a | 4 | | non-public school or special education facility, public | 5 | | out-of-state school, or county special education facility, a | 6 | | school district shall not be required to certify to the State | 7 | | Superintendent of Education, for the purpose of tuition | 8 | | reimbursement, that the special education program of that | 9 | | district is unable to meet the needs of a child because of his | 10 | | or her disability. | 11 | | (u) Any educational or related services provided, pursuant | 12 | | to this Section in a non-public school or special education | 13 | | facility or a special education facility owned and operated by | 14 | | a county government unit shall be at no cost to the parent or | 15 | | guardian of the child. However, current law and practices | 16 | | relative to contributions by parents or guardians for costs | 17 | | other than educational or related services are not affected by | 18 | | this amendatory Act of 1978. | 19 | | (v) Reimbursement for children attending public school | 20 | | residential facilities shall be made in accordance with the | 21 | | provisions of this Section. | 22 | | (w) Notwithstanding any other provision of law, any school | 23 | | district receiving a payment under this Section or under | 24 | | Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify | 25 | | all or a portion of the funds that it receives in a particular | 26 | | fiscal year or from general State aid pursuant to Section |
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| 1 | | 18-8.05 of this Code as funds received in connection with any | 2 | | funding program for which it is entitled to receive funds from | 3 | | the State in that fiscal year (including, without limitation, | 4 | | any funding program referenced in this Section), regardless of | 5 | | the source or timing of the receipt. The district may not | 6 | | classify more funds as funds received in connection with the | 7 | | funding program than the district is entitled to receive in | 8 | | that fiscal year for that program. Any classification by a | 9 | | district must be made by a resolution of its board of | 10 | | education. The resolution must identify the amount of any | 11 | | payments or general State aid to be classified under this | 12 | | paragraph and must specify the funding program to which the | 13 | | funds are to be treated as received in connection therewith. | 14 | | This resolution is controlling as to the classification of | 15 | | funds referenced therein. A certified copy of the resolution | 16 | | must be sent to the State Superintendent of Education. The | 17 | | resolution shall still take effect even though a copy of the | 18 | | resolution has not been sent to the State Superintendent of | 19 | | Education in a timely manner. No classification under this | 20 | | paragraph by a district shall affect the total amount or | 21 | | timing of money the district is entitled to receive under this | 22 | | Code. No classification under this paragraph by a district | 23 | | shall in any way relieve the district from or affect any | 24 | | requirements that otherwise would apply with respect to that | 25 | | funding program, including any accounting of funds by source, | 26 | | reporting expenditures by original source and purpose, |
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| 1 | | reporting requirements, or requirements of providing services. | 2 | | (x) The State Board of Education may adopt such rules as | 3 | | may be necessary to implement this Section. | 4 | | (Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22; | 5 | | 103-175, eff. 6-30-23; 103-546, eff. 8-11-23; revised | 6 | | 8-30-23.) | 7 | | Section 99. Effective date. This Act takes effect July 1, | 8 | | 2024. |
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