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90_HB0449ham001
LRB9002548THpkam
1 AMENDMENT TO HOUSE BILL 449
2 AMENDMENT NO. . Amend House Bill 449 by replacing
3 the title with the following:
4 "AN ACT to amend Sections 14-7.03, 14A-5, 14C-12, and
5 18-3 of the School Code."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Sections 14-7.03, 14A-5, 14C-12, and 18-3 as follows:
10 (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
11 Sec. 14-7.03. Special Education Classes for Children from
12 Orphanages, Foster Family Homes, Children's Homes, or in
13 State Housing Units. If a school district maintains special
14 education classes on the site of orphanages and children's
15 homes, or if children from the orphanages, children's homes,
16 foster family homes, other State agencies, or State
17 residential units for children attend classes for children
18 with disabilities in which the school district is a
19 participating member of a joint agreement, or if the children
20 from the orphanages, children's homes, foster family homes,
21 other State agencies, or State residential units attend
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1 classes for the children with disabilities maintained by the
2 school district, then reimbursement shall be paid to eligible
3 districts in accordance with the provisions of this Section
4 by the Comptroller as directed by the State Superintendent of
5 Education.
6 The amount of tuition for such children shall be
7 determined by the actual cost of maintaining such classes,
8 using the per capita cost formula set forth in Section
9 14-7.01, such program and cost to be pre-approved by the
10 State Superintendent of Education.
11 On forms prepared by the State Superintendent of
12 Education, the district shall certify to the regional
13 superintendent the following:
14 (1) The name of the home or State residential unit
15 with the name of the owner or proprietor and address of
16 those maintaining it;
17 (2) That no service charges or other payments
18 authorized by law were collected in lieu of taxes
19 therefrom or on account thereof during either of the
20 calendar years included in the school year for which
21 claim is being made;
22 (3) The number of children qualifying under this
23 Act in special education classes for instruction on the
24 site of the orphanages and children's homes;
25 (4) The number of children attending special
26 education classes for children with disabilities in which
27 the district is a participating member of a special
28 education joint agreement;
29 (5) The number of children attending special
30 education classes for children with disabilities
31 maintained by the district;
32 (6) The computed amount of tuition payment claimed
33 as due, as approved by the State Superintendent of
34 Education, for maintaining these classes.
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1 If a school district makes a claim for reimbursement
2 under Section 18-3 or 18-4 of this Act it shall not include
3 in any claim filed under this Section a claim for such
4 children. Payments authorized by law, including State or
5 federal grants for education of children included in this
6 Section, shall be deducted in determining the tuition amount.
7 Nothing in this Act shall be construed so as to prohibit
8 reimbursement for the tuition of children placed in for
9 profit facilities. Private facilities shall provide adequate
10 space at the facility for special education classes provided
11 by a school district or joint agreement for children with
12 disabilities who are residents of the facility at no cost to
13 the school district or joint agreement upon request of the
14 school district or joint agreement. If such a private
15 facility provides space at no cost to the district or joint
16 agreement for special education classes provided to children
17 with disabilities who are residents of the facility, the
18 district or joint agreement shall not include any costs for
19 the use of those facilities in its claim for reimbursement.
20 Reimbursement for tuition may include the cost of
21 providing summer school programs for children with severe and
22 profound disabilities served under this Section. Claims for
23 that reimbursement shall be filed by November 1 and shall be
24 paid on or before December 15 from appropriations made for
25 the purposes of this Section.
26 The State Board of Education shall establish such rules
27 and regulations as may be necessary to implement the
28 provisions of this Section.
29 Claims filed on behalf of programs operated under this
30 Section housed in a jail or detention center shall be on an
31 individual student basis only for eligible students with
32 disabilities. These claims shall be in accordance with
33 applicable rules.
34 Each district claiming reimbursement for a program
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1 operated as a group program shall have an approved budget on
2 file with the State Board of Education prior to the
3 initiation of the program's operation. On September 30,
4 December 31, and March 31, the State Board of Education shall
5 voucher payments to group programs based upon the approved
6 budget during the year of operation. Final claims for group
7 payments shall be filed on or before July August 15. Final
8 claims for group programs received at the State Board of
9 Education on or before June 15 shall be vouchered by June 30.
10 Final claims received at the State Board of Education between
11 June 16 and July August 15 shall be vouchered by August
12 September 30. Claims for group programs received after July
13 August 15 shall not be honored.
14 Each district claiming reimbursement for individual
15 students shall have the eligibility of those students
16 verified by the State Board of Education. On September 30,
17 December 31, and March 31, the State Board of Education shall
18 voucher payments for individual students based upon an
19 estimated cost calculated from the prior year's claim. Final
20 claims for individual students for the regular school term
21 must be received at the State Board of Education by July
22 August 15. Claims for individual students received after
23 July August 15 shall not be honored. Final claims for
24 individual students shall be vouchered by August September
25 30.
26 Reimbursement shall be made based upon approved group
27 programs or individual students. The State Superintendent of
28 Education shall direct the Comptroller to pay a specified
29 amount to the district by the 30th day of September,
30 December, March, June, or August September, respectively.
31 However, notwithstanding any other provisions of this Section
32 or the School Code, beginning with Fiscal Year 1994 and each
33 fiscal year thereafter, if the amount appropriated for any
34 fiscal year is less than the amount required for purposes of
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1 this Section, the amount required to eliminate any
2 insufficient reimbursement for each district claim under this
3 Section shall be reimbursed on August September 30 of the
4 next fiscal year. Payments required to eliminate any
5 insufficiency for prior fiscal year claims shall be made
6 before any claims are paid for the current fiscal year.
7 The claim of a school district otherwise eligible to be
8 reimbursed in accordance with Section 14-12.01 for the
9 1976-77 school year but for this amendatory Act of 1977 shall
10 not be paid unless the district ceases to maintain such
11 classes for one entire school year.
12 If a school district's current reimbursement payment for
13 the 1977-78 school year only is less than the prior year's
14 reimbursement payment owed, the district shall be paid the
15 amount of the difference between the payments in addition to
16 the current reimbursement payment, and the amount so paid
17 shall be subtracted from the amount of prior year's
18 reimbursement payment owed to the district.
19 Regional superintendents may operate special education
20 classes for children from orphanages, foster family homes,
21 children's homes or State housing units located within the
22 educational services region upon consent of the school board
23 otherwise so obligated. In electing to assume the powers and
24 duties of a school district in providing and maintaining such
25 a special education program, the regional superintendent may
26 enter into joint agreements with other districts and may
27 contract with public or private schools or the orphanage,
28 foster family home, children's home or State housing unit for
29 provision of the special education program. The regional
30 superintendent exercising the powers granted under this
31 Section shall claim the reimbursement authorized by this
32 Section directly from the State Board of Education.
33 Any child who is not a resident of Illinois who is placed
34 in a child welfare institution, private facility, foster
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1 family home, State operated program, orphanage or children's
2 home shall have the payment for his educational tuition and
3 any related services assured by the placing agent.
4 Commencing July 1, 1992, for each disabled student who is
5 placed residentially by a State agency or the courts for care
6 or custody or both care and custody, welfare, medical or
7 mental health treatment or both medical and mental health
8 treatment, rehabilitation, and protection, whether placed
9 there on, before, or after July 1, 1992, the costs for
10 educating the student are eligible for reimbursement under
11 this Section providing the placing agency or court has
12 notified the appropriate school district authorities of the
13 status of student residency where applicable prior to or upon
14 placement.
15 The district of residence of the parent, guardian, or
16 disabled student as defined in Sections 14-1.11 and 14-1.11a
17 is responsible for the actual costs of the student's special
18 education program and is eligible for reimbursement under
19 this Section when placement is made by a State agency or the
20 courts. Payments shall be made by the resident district to
21 the district wherein the facility is located no less than
22 once per quarter unless otherwise agreed to in writing by the
23 parties.
24 When a dispute arises over the determination of the
25 district of residence, the district or districts may appeal
26 the decision in writing to the State Superintendent of
27 Education. The decision of the State Superintendent of
28 Education shall be final.
29 In the event a district does not make a tuition payment
30 to another district that is providing the special education
31 program and services, the State Board of Education shall
32 immediately withhold 125% of the then remaining annual
33 tuition cost from the State aid or categorical aid payment
34 due to the school district that is determined to be the
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1 resident school district. All funds withheld by the State
2 Board of Education shall immediately be forwarded to the
3 school district where the student is being served.
4 (Source: P.A. 88-9; 88-491; 88-575, eff. 8-12-94; 88-641,
5 eff. 9-9-94; 88-670, eff. 12-2-94; 89-235, eff. 8-4-95;
6 89-397, eff. 8-20-95; 89-698, eff. 1-14-97.)
7 (105 ILCS 5/14A-5) (from Ch. 122, par. 14A-5)
8 Sec. 14A-5. Reimbursement for services and materials.
9 Pursuant to regulations of the State Board of Education
10 proposed programs for gifted children may be submitted to the
11 Council by a school district, 2 or more cooperating school
12 districts, a county, or 2 or more cooperating counties. Such
13 proposals shall include a statement of the qualifications and
14 duties of the personnel required in the fields of diagnostic,
15 counseling and consultative services and the educational
16 materials necessary.
17 Upon receipt of such proposals the Council shall evaluate
18 them and if found to contribute to the development of a State
19 plan to increase the service of the public school in the
20 field of education of gifted children the Council shall
21 recommend the acceptance thereof to the State Superintendent
22 of Education, who may approve the same. Upon the approval of
23 the district's program, which shall be offered during the
24 regular school term and may include optional summer school,
25 the district shall be entitled to reimbursement for the
26 services and materials required therefor by the method
27 described in either (a) or (b) as follows:
28 (a) The number of pupils in average daily attendance in
29 the district's program, multiplied by one of the following
30 factors:
31 The factors for school districts having different
32 assessed valuations per pupil in average daily attendance for
33 the prior year shall be:
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1 1. in districts with $20,000 or more;
2 1.2 in districts with $16,000 but less than $20,000;
3 1.3 in districts with $12,000 but less than $16,000;
4 1.4 in districts with $9,000 but less than $12,000;
5 1.5 in districts with less than $9,000.
6 In no case shall the claim for reimbursement of any
7 district exceed the actual cost of such program to the
8 district nor shall the number of pupils for whom
9 reimbursement is claimed exceed 5% of the number of pupils in
10 average daily attendance in the district for the prior year.
11 (b) For each professional worker, who meets the
12 established standards for his position, employed in the
13 district's program at the annual rate of $5,000.
14 On or before July 10, annually, the president and the
15 secretary of the district shall certify to the regional
16 superintendent upon forms prescribed by the State
17 Superintendent of Education the district's claim for
18 reimbursement for the school year ended on June 30 next
19 preceding. The regional superintendent shall check all such
20 claims to ascertain compliance with the prescribed standards
21 and upon his approval shall certify not later than July 25 to
22 the State Superintendent of Education the regional report of
23 claims for reimbursements. The State Superintendent of
24 Education shall check and upon approval shall transmit by
25 September 15 to the State Comptroller the vouchers showing
26 the amounts due for district reimbursement claims.
27 Reimbursement shall be paid in the manner provided above in
28 this paragraph through September 15, 1979. Thereafter,
29 estimated payments equal to 1/4 of the district's approved
30 program amount shall be made by the State Comptroller on
31 November 15, February 15, and May 15 upon submission of
32 vouchers by the State Superintendent of Education. A final
33 claim shall be filed with the regional superintendent on or
34 before July August 10 for approval and transmittal to the
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1 State Superintendent of Education on or before July August
2 20. Claims received by the State Superintendent of Education
3 after July August 20 shall not be honored. Upon receipt of
4 the final claim the State Superintendent shall verify its
5 accuracy and make a final adjusted payment on September 20.
6 If the amount appropriated for such reimbursement for any
7 year is insufficient it shall be apportioned on the basis of
8 the claims approved.
9 When any school district eligible for reimbursement under
10 this Section operates a school for a full year in accordance
11 with Section 10-19.1 of this Act such reimbursement shall be
12 increased by 1/185 of the amount or rate paid hereunder for
13 each day such school is operated in excess of 185 days per
14 calendar year.
15 For purposes of calculating claims for reimbursement
16 under this Section for any school year beginning July 1,
17 1980, or thereafter, the equalized assessed valuation for a
18 school district used to compute reimbursement shall be
19 determined by adding to the real property equalized assessed
20 valuation for the district an amount computed by dividing the
21 amount of money received by the district under the provisions
22 of "An Act in relation to the abolition of ad valorem
23 personal property tax and the replacement of revenues lost
24 thereby, and amending and repealing certain Acts and parts of
25 Acts in connection therewith", certified August 14, 1979, as
26 amended, by the total tax rate for the district. For purposes
27 of this subsection, 1976 tax rates shall be used for school
28 districts in the county of Cook, and 1977 tax rates shall be
29 used in all other counties. For the 1980-81 school year, for
30 purposes of computing claims for reimbursement, there shall
31 be added to the amount derived by the above computation 2/3
32 of the positive difference between the 1978 corporate
33 personal property equalized assessed valuation and the amount
34 of money received by the district under the provisions of "An
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1 Act in relation to the abolition of ad valorem personal
2 property tax and the replacement of revenues lost thereby,
3 and amending and repealing certain Acts and parts of Acts in
4 connection therewith", certified August 14, 1979, as amended,
5 divided by the total tax rate for the district; and for the
6 1981-82 school year 1/3 of the positive difference shall be
7 added.
8 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
9 89-235, eff. 8-4-95.)
10 (105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)
11 Sec. 14C-12. Account of expenditures; Cost report;
12 Reimbursement. Each school district shall keep an accurate,
13 detailed and separate account of all monies paid out by it
14 for the programs in transitional bilingual education required
15 or permitted by this Article, including transportation costs,
16 and shall annually report thereon for the school year ending
17 June 30 indicating the average per pupil expenditure. Each
18 school district shall be reimbursed for the amount by which
19 such costs exceed the average per pupil expenditure by such
20 school district for the education of children of comparable
21 age who are not in any special education program.
22 Applications for preapproval for reimbursement for costs
23 of transitional bilingual education programs must be
24 submitted to the State Superintendent of Education at least
25 60 days before a transitional bilingual education program is
26 started, unless a justifiable exception is granted by the
27 State Superintendent of Education. Applications shall set
28 forth a plan for transitional bilingual education established
29 and maintained in accordance with this Article.
30 Reimbursement claims for transitional bilingual education
31 programs shall be made as follows:
32 Each school district shall claim reimbursement on a
33 current basis for the first 3 quarters of the fiscal year and
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1 file a final adjusted claim for the school year ended June 30
2 preceding computed in accordance with rules prescribed by the
3 State Superintendent's Office with the regional
4 superintendent of schools, in triplicate, for approval on
5 forms prescribed by the State Superintendent's Office. Data
6 used as a basis of reimbursement claims shall be for the
7 school year ended on June 30 preceding. School districts
8 shall file estimated claims with the regional superintendent
9 by October 10, January 10 and April 10 respectively, and file
10 final adjusted claims by July August 10. Upon receipt of
11 such quarterly claims the regional superintendent shall
12 transmit them to the State Superintendent by October 20,
13 January 20, April 20, and July August 20. The State
14 Superintendent of Education before approving any such claims
15 shall determine their accuracy and whether they are based
16 upon services and facilities provided under approved
17 programs. Upon approval he shall transmit by November 15,
18 February 15, May 15, and August September 20 to the
19 Comptroller the vouchers showing the amounts due for school
20 district reimbursement claims. Upon receipt of the July
21 August final adjusted claims the State Superintendent of
22 Education shall make a final determination of the accuracy of
23 such claims. If the money appropriated by the General
24 Assembly for such purpose for any year is insufficient, it
25 shall be apportioned on the basis of the claims approved.
26 Failure on the part of the school district to prepare and
27 certify the final adjusted claims due under this Section on
28 or before July August 20 of any year, and its failure
29 thereafter to prepare and certify such report to the regional
30 superintendent of schools within 10 days after receipt of
31 notice of such delinquency sent to it by the State
32 Superintendent of Education by registered mail, shall
33 constitute a forfeiture by the school district of its right
34 to be reimbursed by the State under this Section.
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1 (Source: P.A. 88-641, eff. 9-9-94.)
2 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
3 Sec. 18-3. Tuition of children from orphanages and
4 children's homes.
5 When the children from any home for orphans, dependent,
6 abandoned or maladjusted children maintained by any
7 organization or association admitting to such home children
8 from the State in general or when children residing in a
9 school district wherein the State of Illinois maintains and
10 operates any welfare or penal institution on property owned
11 by the State of Illinois, which contains houses, housing
12 units or housing accommodations within a school district,
13 attend grades kindergarten through 12 of the public schools
14 maintained by that school district, the State Superintendent
15 of Education shall direct the State Comptroller to pay a
16 specified amount sufficient to pay the annual tuition cost of
17 such children who attended such public schools during the
18 school year ending on June 30, and the Comptroller shall pay
19 the amount after receipt of a voucher submitted by the State
20 Superintendent of Education.
21 The amount of the tuition for such children attending the
22 public schools of the district shall be determined by the
23 State Superintendent of Education by multiplying the number
24 of such children in average daily attendance in such schools
25 by the total annual per capita cost of administering the
26 schools of the district. Such total annual per capita cost
27 shall be determined by totaling all expenses of the school
28 district in the educational, operations and maintenance, bond
29 and interest, transportation, Illinois municipal retirement,
30 and rent funds for the school year preceding the filing of
31 such tuition claims less expenditures not applicable to the
32 regular K-12 program, less offsetting revenues from State
33 sources except those from the common school fund, less
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1 offsetting revenues from federal sources except those from
2 federal impaction aid, less student and community service
3 revenues, plus a depreciation allowance; and dividing such
4 total by the average daily attendance for the year.
5 Annually on or before June 30 the superintendent of the
6 district upon forms prepared by the State Superintendent of
7 Education shall certify to the regional superintendent the
8 following:
9 1. The name of the home and of the organization or
10 association maintaining it; or the legal description of the
11 real estate upon which the house, housing units, or housing
12 accommodations are located and that no taxes or service
13 charges or other payments authorized by law to be made in
14 lieu of taxes were collected therefrom or on account thereof
15 during either of the calendar years included in the school
16 year for which claim is being made;
17 2. The number of children from the home or living in
18 such houses, housing units or housing accommodations and
19 attending the schools of the district;
20 3. The total number of children attending the schools of
21 the district;
22 4. The per capita tuition charge of the district; and
23 5. The computed amount of the tuition payment claimed as
24 due.
25 Whenever the persons in charge of such home for orphans,
26 dependent, abandoned or maladjusted children have received
27 from the parent or guardian of any such child or by virtue of
28 an order of court a specific allowance for educating such
29 child, such persons shall pay to the school board in the
30 district where the child attends school such amount of the
31 allowance as is necessary to pay the tuition required by such
32 district for the education of the child. If the allowance is
33 insufficient to pay the tuition in full the State
34 Superintendent of Education shall direct the Comptroller to
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1 pay to the district the difference between the total tuition
2 charged and the amount of the allowance.
3 Whenever the facilities of a school district in which
4 such house, housing units or housing accommodations are
5 located, are limited, pupils may be assigned by that district
6 to the schools of any adjacent district to the limit of the
7 facilities of the adjacent district to properly educate such
8 pupils as shall be determined by the school board of the
9 adjacent district, and the State Superintendent of Education
10 shall direct the Comptroller to pay a specified amount
11 sufficient to pay the annual tuition of the children so
12 assigned to and attending public schools in the adjacent
13 districts and the Comptroller shall draw his warrant upon the
14 State Treasurer for the payment of such amount for the
15 benefit of the adjacent school districts in the same manner
16 as for districts in which the houses, housing units or
17 housing accommodations are located.
18 Failure on the part of the school board to certify to the
19 regional superintendent the claim of the school district for
20 tuition on account of such children on or before June 30
21 shall constitute a forfeiture by the district of its right to
22 the payment of any such tuition claim for the school year
23 just ended. The regional superintendent shall check and not
24 later than July 15 31 certify to the State Superintendent of
25 Education the regional report of claims due for such tuition
26 payments. The State Superintendent of Education shall direct
27 the Comptroller to pay to the district, on or before August
28 September 15, the amount due the district for the school year
29 in accordance with the calculation of the claim as set forth
30 in this Section.
31 Claims for tuition for children from any home for orphans
32 or dependent, abandoned, or maladjusted children beginning
33 with the 1993-1994 school year shall be paid on a current
34 year basis. On September 30, December 31, and March 31, the
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1 State Board of Education shall voucher payments for districts
2 with those students based on an estimated cost calculated
3 from the prior year's claim. Final claims for those students
4 for the regular school term must be received at the State
5 Board of Education by July 31 following the end of the school
6 year. Final claims for those students shall be vouchered by
7 August September 15. During fiscal year 1994 both the
8 1992-1993 school year and the 1993-1994 school year shall be
9 paid in order to change the cycle of payment from a
10 reimbursement basis to a current year funding basis of
11 payment. However, notwithstanding any other provisions of
12 this Section or the School Code, beginning with fiscal year
13 1994 and each fiscal year thereafter, if the amount
14 appropriated for any fiscal year is less than the amount
15 required for purposes of this Section, the amount required to
16 eliminate any insufficient reimbursement for each district
17 claim under this Section shall be reimbursed on August
18 September 30 of the next fiscal year. Payments required to
19 eliminate any insufficiency for prior fiscal year claims
20 shall be made before any claims are paid for the current
21 fiscal year.
22 If a school district makes a claim for reimbursement
23 under Section 18-4 or 14-7.03 it shall not include in any
24 claim filed under this Section children residing on the
25 property of State institutions included in its claim under
26 Section 18-4 or 14-7.03.
27 Any child who is not a resident of Illinois who is placed
28 in a child welfare institution, private facility, State
29 operated program, orphanage or children's home shall have the
30 payment for his educational tuition and any related services
31 assured by the placing agent.
32 (Source: P.A. 88-9; 88-491; 88-575, eff. 8-12-94; 88-641,
33 eff. 9-9-94; 88-670, eff. 12-2-94; 89-235, eff. 8-4-95.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming a law.".