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90_HB0449eng
105 ILCS 5/18-8 from Ch. 122, par. 18-8
Amends the School Code. Makes changes of grammar in the
State aid formula.
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1 AN ACT to amend Sections 14-7.03, 14A-5, 14C-12, and 18-3
2 of the School Code.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 14-7.03, 14A-5, 14C-12, and 18-3 as follows:
7 (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
8 Sec. 14-7.03. Special Education Classes for Children from
9 Orphanages, Foster Family Homes, Children's Homes, or in
10 State Housing Units. If a school district maintains special
11 education classes on the site of orphanages and children's
12 homes, or if children from the orphanages, children's homes,
13 foster family homes, other State agencies, or State
14 residential units for children attend classes for children
15 with disabilities in which the school district is a
16 participating member of a joint agreement, or if the children
17 from the orphanages, children's homes, foster family homes,
18 other State agencies, or State residential units attend
19 classes for the children with disabilities maintained by the
20 school district, then reimbursement shall be paid to eligible
21 districts in accordance with the provisions of this Section
22 by the Comptroller as directed by the State Superintendent of
23 Education.
24 The amount of tuition for such children shall be
25 determined by the actual cost of maintaining such classes,
26 using the per capita cost formula set forth in Section
27 14-7.01, such program and cost to be pre-approved by the
28 State Superintendent of Education.
29 On forms prepared by the State Superintendent of
30 Education, the district shall certify to the regional
31 superintendent the following:
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1 (1) The name of the home or State residential unit
2 with the name of the owner or proprietor and address of
3 those maintaining it;
4 (2) That no service charges or other payments
5 authorized by law were collected in lieu of taxes
6 therefrom or on account thereof during either of the
7 calendar years included in the school year for which
8 claim is being made;
9 (3) The number of children qualifying under this
10 Act in special education classes for instruction on the
11 site of the orphanages and children's homes;
12 (4) The number of children attending special
13 education classes for children with disabilities in which
14 the district is a participating member of a special
15 education joint agreement;
16 (5) The number of children attending special
17 education classes for children with disabilities
18 maintained by the district;
19 (6) The computed amount of tuition payment claimed
20 as due, as approved by the State Superintendent of
21 Education, for maintaining these classes.
22 If a school district makes a claim for reimbursement
23 under Section 18-3 or 18-4 of this Act it shall not include
24 in any claim filed under this Section a claim for such
25 children. Payments authorized by law, including State or
26 federal grants for education of children included in this
27 Section, shall be deducted in determining the tuition amount.
28 Nothing in this Act shall be construed so as to prohibit
29 reimbursement for the tuition of children placed in for
30 profit facilities. Private facilities shall provide adequate
31 space at the facility for special education classes provided
32 by a school district or joint agreement for children with
33 disabilities who are residents of the facility at no cost to
34 the school district or joint agreement upon request of the
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1 school district or joint agreement. If such a private
2 facility provides space at no cost to the district or joint
3 agreement for special education classes provided to children
4 with disabilities who are residents of the facility, the
5 district or joint agreement shall not include any costs for
6 the use of those facilities in its claim for reimbursement.
7 Reimbursement for tuition may include the cost of
8 providing summer school programs for children with severe and
9 profound disabilities served under this Section. Claims for
10 that reimbursement shall be filed by November 1 and shall be
11 paid on or before December 15 from appropriations made for
12 the purposes of this Section.
13 The State Board of Education shall establish such rules
14 and regulations as may be necessary to implement the
15 provisions of this Section.
16 Claims filed on behalf of programs operated under this
17 Section housed in a jail or detention center shall be on an
18 individual student basis only for eligible students with
19 disabilities. These claims shall be in accordance with
20 applicable rules.
21 Each district claiming reimbursement for a program
22 operated as a group program shall have an approved budget on
23 file with the State Board of Education prior to the
24 initiation of the program's operation. On September 30,
25 December 31, and March 31, the State Board of Education shall
26 voucher payments to group programs based upon the approved
27 budget during the year of operation. Final claims for group
28 payments shall be filed on or before July August 15. Final
29 claims for group programs received at the State Board of
30 Education on or before June 15 shall be vouchered by June 30.
31 Final claims received at the State Board of Education between
32 June 16 and July August 15 shall be vouchered by August
33 September 30. Claims for group programs received after July
34 August 15 shall not be honored.
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1 Each district claiming reimbursement for individual
2 students shall have the eligibility of those students
3 verified by the State Board of Education. On September 30,
4 December 31, and March 31, the State Board of Education shall
5 voucher payments for individual students based upon an
6 estimated cost calculated from the prior year's claim. Final
7 claims for individual students for the regular school term
8 must be received at the State Board of Education by July
9 August 15. Claims for individual students received after
10 July August 15 shall not be honored. Final claims for
11 individual students shall be vouchered by August September
12 30.
13 Reimbursement shall be made based upon approved group
14 programs or individual students. The State Superintendent of
15 Education shall direct the Comptroller to pay a specified
16 amount to the district by the 30th day of September,
17 December, March, June, or August September, respectively.
18 However, notwithstanding any other provisions of this Section
19 or the School Code, beginning with Fiscal Year 1994 and each
20 fiscal year thereafter, if the amount appropriated for any
21 fiscal year is less than the amount required for purposes of
22 this Section, the amount required to eliminate any
23 insufficient reimbursement for each district claim under this
24 Section shall be reimbursed on August September 30 of the
25 next fiscal year. Payments required to eliminate any
26 insufficiency for prior fiscal year claims shall be made
27 before any claims are paid for the current fiscal year.
28 The claim of a school district otherwise eligible to be
29 reimbursed in accordance with Section 14-12.01 for the
30 1976-77 school year but for this amendatory Act of 1977 shall
31 not be paid unless the district ceases to maintain such
32 classes for one entire school year.
33 If a school district's current reimbursement payment for
34 the 1977-78 school year only is less than the prior year's
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1 reimbursement payment owed, the district shall be paid the
2 amount of the difference between the payments in addition to
3 the current reimbursement payment, and the amount so paid
4 shall be subtracted from the amount of prior year's
5 reimbursement payment owed to the district.
6 Regional superintendents may operate special education
7 classes for children from orphanages, foster family homes,
8 children's homes or State housing units located within the
9 educational services region upon consent of the school board
10 otherwise so obligated. In electing to assume the powers and
11 duties of a school district in providing and maintaining such
12 a special education program, the regional superintendent may
13 enter into joint agreements with other districts and may
14 contract with public or private schools or the orphanage,
15 foster family home, children's home or State housing unit for
16 provision of the special education program. The regional
17 superintendent exercising the powers granted under this
18 Section shall claim the reimbursement authorized by this
19 Section directly from the State Board of Education.
20 Any child who is not a resident of Illinois who is placed
21 in a child welfare institution, private facility, foster
22 family home, State operated program, orphanage or children's
23 home shall have the payment for his educational tuition and
24 any related services assured by the placing agent.
25 Commencing July 1, 1992, for each disabled student who is
26 placed residentially by a State agency or the courts for care
27 or custody or both care and custody, welfare, medical or
28 mental health treatment or both medical and mental health
29 treatment, rehabilitation, and protection, whether placed
30 there on, before, or after July 1, 1992, the costs for
31 educating the student are eligible for reimbursement under
32 this Section providing the placing agency or court has
33 notified the appropriate school district authorities of the
34 status of student residency where applicable prior to or upon
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1 placement.
2 The district of residence of the parent, guardian, or
3 disabled student as defined in Sections 14-1.11 and 14-1.11a
4 is responsible for the actual costs of the student's special
5 education program and is eligible for reimbursement under
6 this Section when placement is made by a State agency or the
7 courts. Payments shall be made by the resident district to
8 the district wherein the facility is located no less than
9 once per quarter unless otherwise agreed to in writing by the
10 parties.
11 When a dispute arises over the determination of the
12 district of residence, the district or districts may appeal
13 the decision in writing to the State Superintendent of
14 Education. The decision of the State Superintendent of
15 Education shall be final.
16 In the event a district does not make a tuition payment
17 to another district that is providing the special education
18 program and services, the State Board of Education shall
19 immediately withhold 125% of the then remaining annual
20 tuition cost from the State aid or categorical aid payment
21 due to the school district that is determined to be the
22 resident school district. All funds withheld by the State
23 Board of Education shall immediately be forwarded to the
24 school district where the student is being served.
25 (Source: P.A. 88-9; 88-491; 88-575, eff. 8-12-94; 88-641,
26 eff. 9-9-94; 88-670, eff. 12-2-94; 89-235, eff. 8-4-95;
27 89-397, eff. 8-20-95; 89-698, eff. 1-14-97.)
28 (105 ILCS 5/14A-5) (from Ch. 122, par. 14A-5)
29 Sec. 14A-5. Reimbursement for services and materials.
30 Pursuant to regulations of the State Board of Education
31 proposed programs for gifted children may be submitted to the
32 Council by a school district, 2 or more cooperating school
33 districts, a county, or 2 or more cooperating counties. Such
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1 proposals shall include a statement of the qualifications and
2 duties of the personnel required in the fields of diagnostic,
3 counseling and consultative services and the educational
4 materials necessary.
5 Upon receipt of such proposals the Council shall evaluate
6 them and if found to contribute to the development of a State
7 plan to increase the service of the public school in the
8 field of education of gifted children the Council shall
9 recommend the acceptance thereof to the State Superintendent
10 of Education, who may approve the same. Upon the approval of
11 the district's program, which shall be offered during the
12 regular school term and may include optional summer school,
13 the district shall be entitled to reimbursement for the
14 services and materials required therefor by the method
15 described in either (a) or (b) as follows:
16 (a) The number of pupils in average daily attendance in
17 the district's program, multiplied by one of the following
18 factors:
19 The factors for school districts having different
20 assessed valuations per pupil in average daily attendance for
21 the prior year shall be:
22 1. in districts with $20,000 or more;
23 1.2 in districts with $16,000 but less than $20,000;
24 1.3 in districts with $12,000 but less than $16,000;
25 1.4 in districts with $9,000 but less than $12,000;
26 1.5 in districts with less than $9,000.
27 In no case shall the claim for reimbursement of any
28 district exceed the actual cost of such program to the
29 district nor shall the number of pupils for whom
30 reimbursement is claimed exceed 5% of the number of pupils in
31 average daily attendance in the district for the prior year.
32 (b) For each professional worker, who meets the
33 established standards for his position, employed in the
34 district's program at the annual rate of $5,000.
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1 On or before July 10, annually, the president and the
2 secretary of the district shall certify to the regional
3 superintendent upon forms prescribed by the State
4 Superintendent of Education the district's claim for
5 reimbursement for the school year ended on June 30 next
6 preceding. The regional superintendent shall check all such
7 claims to ascertain compliance with the prescribed standards
8 and upon his approval shall certify not later than July 25 to
9 the State Superintendent of Education the regional report of
10 claims for reimbursements. The State Superintendent of
11 Education shall check and upon approval shall transmit by
12 September 15 to the State Comptroller the vouchers showing
13 the amounts due for district reimbursement claims.
14 Reimbursement shall be paid in the manner provided above in
15 this paragraph through September 15, 1979. Thereafter,
16 estimated payments equal to 1/4 of the district's approved
17 program amount shall be made by the State Comptroller on
18 November 15, February 15, and May 15 upon submission of
19 vouchers by the State Superintendent of Education. A final
20 claim shall be filed with the regional superintendent on or
21 before July August 10 for approval and transmittal to the
22 State Superintendent of Education on or before July August
23 20. Claims received by the State Superintendent of Education
24 after July August 20 shall not be honored. Upon receipt of
25 the final claim the State Superintendent shall verify its
26 accuracy and make a final adjusted payment on September 20.
27 If the amount appropriated for such reimbursement for any
28 year is insufficient it shall be apportioned on the basis of
29 the claims approved.
30 When any school district eligible for reimbursement under
31 this Section operates a school for a full year in accordance
32 with Section 10-19.1 of this Act such reimbursement shall be
33 increased by 1/185 of the amount or rate paid hereunder for
34 each day such school is operated in excess of 185 days per
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1 calendar year.
2 For purposes of calculating claims for reimbursement
3 under this Section for any school year beginning July 1,
4 1980, or thereafter, the equalized assessed valuation for a
5 school district used to compute reimbursement shall be
6 determined by adding to the real property equalized assessed
7 valuation for the district an amount computed by dividing the
8 amount of money received by the district under the provisions
9 of "An Act in relation to the abolition of ad valorem
10 personal property tax and the replacement of revenues lost
11 thereby, and amending and repealing certain Acts and parts of
12 Acts in connection therewith", certified August 14, 1979, as
13 amended, by the total tax rate for the district. For purposes
14 of this subsection, 1976 tax rates shall be used for school
15 districts in the county of Cook, and 1977 tax rates shall be
16 used in all other counties. For the 1980-81 school year, for
17 purposes of computing claims for reimbursement, there shall
18 be added to the amount derived by the above computation 2/3
19 of the positive difference between the 1978 corporate
20 personal property equalized assessed valuation and the amount
21 of money received by the district under the provisions of "An
22 Act in relation to the abolition of ad valorem personal
23 property tax and the replacement of revenues lost thereby,
24 and amending and repealing certain Acts and parts of Acts in
25 connection therewith", certified August 14, 1979, as amended,
26 divided by the total tax rate for the district; and for the
27 1981-82 school year 1/3 of the positive difference shall be
28 added.
29 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
30 89-235, eff. 8-4-95.)
31 (105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)
32 Sec. 14C-12. Account of expenditures; Cost report;
33 Reimbursement. Each school district shall keep an accurate,
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1 detailed and separate account of all monies paid out by it
2 for the programs in transitional bilingual education required
3 or permitted by this Article, including transportation costs,
4 and shall annually report thereon for the school year ending
5 June 30 indicating the average per pupil expenditure. Each
6 school district shall be reimbursed for the amount by which
7 such costs exceed the average per pupil expenditure by such
8 school district for the education of children of comparable
9 age who are not in any special education program.
10 Applications for preapproval for reimbursement for costs
11 of transitional bilingual education programs must be
12 submitted to the State Superintendent of Education at least
13 60 days before a transitional bilingual education program is
14 started, unless a justifiable exception is granted by the
15 State Superintendent of Education. Applications shall set
16 forth a plan for transitional bilingual education established
17 and maintained in accordance with this Article.
18 Reimbursement claims for transitional bilingual education
19 programs shall be made as follows:
20 Each school district shall claim reimbursement on a
21 current basis for the first 3 quarters of the fiscal year and
22 file a final adjusted claim for the school year ended June 30
23 preceding computed in accordance with rules prescribed by the
24 State Superintendent's Office with the regional
25 superintendent of schools, in triplicate, for approval on
26 forms prescribed by the State Superintendent's Office. Data
27 used as a basis of reimbursement claims shall be for the
28 school year ended on June 30 preceding. School districts
29 shall file estimated claims with the regional superintendent
30 by October 10, January 10 and April 10 respectively, and file
31 final adjusted claims by July August 10. Upon receipt of
32 such quarterly claims the regional superintendent shall
33 transmit them to the State Superintendent by October 20,
34 January 20, April 20, and July August 20. The State
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1 Superintendent of Education before approving any such claims
2 shall determine their accuracy and whether they are based
3 upon services and facilities provided under approved
4 programs. Upon approval he shall transmit by November 15,
5 February 15, May 15, and August September 20 to the
6 Comptroller the vouchers showing the amounts due for school
7 district reimbursement claims. Upon receipt of the July
8 August final adjusted claims the State Superintendent of
9 Education shall make a final determination of the accuracy of
10 such claims. If the money appropriated by the General
11 Assembly for such purpose for any year is insufficient, it
12 shall be apportioned on the basis of the claims approved.
13 Failure on the part of the school district to prepare and
14 certify the final adjusted claims due under this Section on
15 or before July August 20 of any year, and its failure
16 thereafter to prepare and certify such report to the regional
17 superintendent of schools within 10 days after receipt of
18 notice of such delinquency sent to it by the State
19 Superintendent of Education by registered mail, shall
20 constitute a forfeiture by the school district of its right
21 to be reimbursed by the State under this Section.
22 (Source: P.A. 88-641, eff. 9-9-94.)
23 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
24 Sec. 18-3. Tuition of children from orphanages and
25 children's homes.
26 When the children from any home for orphans, dependent,
27 abandoned or maladjusted children maintained by any
28 organization or association admitting to such home children
29 from the State in general or when children residing in a
30 school district wherein the State of Illinois maintains and
31 operates any welfare or penal institution on property owned
32 by the State of Illinois, which contains houses, housing
33 units or housing accommodations within a school district,
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1 attend grades kindergarten through 12 of the public schools
2 maintained by that school district, the State Superintendent
3 of Education shall direct the State Comptroller to pay a
4 specified amount sufficient to pay the annual tuition cost of
5 such children who attended such public schools during the
6 school year ending on June 30, and the Comptroller shall pay
7 the amount after receipt of a voucher submitted by the State
8 Superintendent of Education.
9 The amount of the tuition for such children attending the
10 public schools of the district shall be determined by the
11 State Superintendent of Education by multiplying the number
12 of such children in average daily attendance in such schools
13 by the total annual per capita cost of administering the
14 schools of the district. Such total annual per capita cost
15 shall be determined by totaling all expenses of the school
16 district in the educational, operations and maintenance, bond
17 and interest, transportation, Illinois municipal retirement,
18 and rent funds for the school year preceding the filing of
19 such tuition claims less expenditures not applicable to the
20 regular K-12 program, less offsetting revenues from State
21 sources except those from the common school fund, less
22 offsetting revenues from federal sources except those from
23 federal impaction aid, less student and community service
24 revenues, plus a depreciation allowance; and dividing such
25 total by the average daily attendance for the year.
26 Annually on or before June 30 the superintendent of the
27 district upon forms prepared by the State Superintendent of
28 Education shall certify to the regional superintendent the
29 following:
30 1. The name of the home and of the organization or
31 association maintaining it; or the legal description of the
32 real estate upon which the house, housing units, or housing
33 accommodations are located and that no taxes or service
34 charges or other payments authorized by law to be made in
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1 lieu of taxes were collected therefrom or on account thereof
2 during either of the calendar years included in the school
3 year for which claim is being made;
4 2. The number of children from the home or living in
5 such houses, housing units or housing accommodations and
6 attending the schools of the district;
7 3. The total number of children attending the schools of
8 the district;
9 4. The per capita tuition charge of the district; and
10 5. The computed amount of the tuition payment claimed as
11 due.
12 Whenever the persons in charge of such home for orphans,
13 dependent, abandoned or maladjusted children have received
14 from the parent or guardian of any such child or by virtue of
15 an order of court a specific allowance for educating such
16 child, such persons shall pay to the school board in the
17 district where the child attends school such amount of the
18 allowance as is necessary to pay the tuition required by such
19 district for the education of the child. If the allowance is
20 insufficient to pay the tuition in full the State
21 Superintendent of Education shall direct the Comptroller to
22 pay to the district the difference between the total tuition
23 charged and the amount of the allowance.
24 Whenever the facilities of a school district in which
25 such house, housing units or housing accommodations are
26 located, are limited, pupils may be assigned by that district
27 to the schools of any adjacent district to the limit of the
28 facilities of the adjacent district to properly educate such
29 pupils as shall be determined by the school board of the
30 adjacent district, and the State Superintendent of Education
31 shall direct the Comptroller to pay a specified amount
32 sufficient to pay the annual tuition of the children so
33 assigned to and attending public schools in the adjacent
34 districts and the Comptroller shall draw his warrant upon the
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1 State Treasurer for the payment of such amount for the
2 benefit of the adjacent school districts in the same manner
3 as for districts in which the houses, housing units or
4 housing accommodations are located.
5 Failure on the part of the school board to certify to the
6 regional superintendent the claim of the school district for
7 tuition on account of such children on or before June 30
8 shall constitute a forfeiture by the district of its right to
9 the payment of any such tuition claim for the school year
10 just ended. The regional superintendent shall check and not
11 later than July 15 31 certify to the State Superintendent of
12 Education the regional report of claims due for such tuition
13 payments. The State Superintendent of Education shall direct
14 the Comptroller to pay to the district, on or before August
15 September 15, the amount due the district for the school year
16 in accordance with the calculation of the claim as set forth
17 in this Section.
18 Claims for tuition for children from any home for orphans
19 or dependent, abandoned, or maladjusted children beginning
20 with the 1993-1994 school year shall be paid on a current
21 year basis. On September 30, December 31, and March 31, the
22 State Board of Education shall voucher payments for districts
23 with those students based on an estimated cost calculated
24 from the prior year's claim. Final claims for those students
25 for the regular school term must be received at the State
26 Board of Education by July 31 following the end of the school
27 year. Final claims for those students shall be vouchered by
28 August September 15. During fiscal year 1994 both the
29 1992-1993 school year and the 1993-1994 school year shall be
30 paid in order to change the cycle of payment from a
31 reimbursement basis to a current year funding basis of
32 payment. However, notwithstanding any other provisions of
33 this Section or the School Code, beginning with fiscal year
34 1994 and each fiscal year thereafter, if the amount
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1 appropriated for any fiscal year is less than the amount
2 required for purposes of this Section, the amount required to
3 eliminate any insufficient reimbursement for each district
4 claim under this Section shall be reimbursed on August
5 September 30 of the next fiscal year. Payments required to
6 eliminate any insufficiency for prior fiscal year claims
7 shall be made before any claims are paid for the current
8 fiscal year.
9 If a school district makes a claim for reimbursement
10 under Section 18-4 or 14-7.03 it shall not include in any
11 claim filed under this Section children residing on the
12 property of State institutions included in its claim under
13 Section 18-4 or 14-7.03.
14 Any child who is not a resident of Illinois who is placed
15 in a child welfare institution, private facility, State
16 operated program, orphanage or children's home shall have the
17 payment for his educational tuition and any related services
18 assured by the placing agent.
19 (Source: P.A. 88-9; 88-491; 88-575, eff. 8-12-94; 88-641,
20 eff. 9-9-94; 88-670, eff. 12-2-94; 89-235, eff. 8-4-95.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming a law.