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90_HB3483
105 ILCS 5/14-7.03 from Ch. 122, par. 14-7.03
105 ILCS 5/14-7.03a rep.
Amends the School Code. Repeals a provision that
authorizes a school district to claim combined reimbursement
for children with disabilities from orphanages, children's
homes, foster family homes, or State housing units who must
be placed in a nonpublic facility. Provides that the
nonpublic facility in which such children are placed must
meet the programmatic requirements applicable to such
nonpublic facilities but that the educational services are to
be funded only in accordance with the provisions relating to
orphanages, children's homes, foster family homes, and State
housing units. Effective immediately.
LRB9010087THpk
LRB9010087THpk
1 AN ACT to amend the School Code by changing Section
2 14-7.03.
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 Section 14-7.03 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 15. Final claims
29 for group programs received at the State Board of Education
30 on or before June 15 shall be vouchered by June 30. Final
31 claims received at the State Board of Education between June
32 16 and July 15 shall be vouchered by August 30. Claims for
33 group programs received after July 15 shall not be honored.
34 Each district claiming reimbursement for individual
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1 students shall have the eligibility of those students
2 verified by the State Board of Education. On September 30,
3 December 31, and March 31, the State Board of Education shall
4 voucher payments for individual students based upon an
5 estimated cost calculated from the prior year's claim. Final
6 claims for individual students for the regular school term
7 must be received at the State Board of Education by July 15.
8 Claims for individual students received after July 15 shall
9 not be honored. Final claims for individual students shall be
10 vouchered by August 30.
11 Reimbursement shall be made based upon approved group
12 programs or individual students. The State Superintendent of
13 Education shall direct the Comptroller to pay a specified
14 amount to the district by the 30th day of September,
15 December, March, June, or August, respectively. However,
16 notwithstanding any other provisions of this Section or the
17 School Code, beginning with Fiscal Year 1994 and each fiscal
18 year thereafter, if the amount appropriated for any fiscal
19 year is less than the amount required for purposes of this
20 Section, the amount required to eliminate any insufficient
21 reimbursement for each district claim under this Section
22 shall be reimbursed on August 30 of the next fiscal year.
23 Payments required to eliminate any insufficiency for prior
24 fiscal year claims shall be made before any claims are paid
25 for the current fiscal year.
26 The claim of a school district otherwise eligible to be
27 reimbursed in accordance with Section 14-12.01 for the
28 1976-77 school year but for this amendatory Act of 1977 shall
29 not be paid unless the district ceases to maintain such
30 classes for one entire school year.
31 If a school district's current reimbursement payment for
32 the 1977-78 school year only is less than the prior year's
33 reimbursement payment owed, the district shall be paid the
34 amount of the difference between the payments in addition to
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1 the current reimbursement payment, and the amount so paid
2 shall be subtracted from the amount of prior year's
3 reimbursement payment owed to the district.
4 Regional superintendents may operate special education
5 classes for children from orphanages, foster family homes,
6 children's homes or State housing units located within the
7 educational services region upon consent of the school board
8 otherwise so obligated. In electing to assume the powers and
9 duties of a school district in providing and maintaining such
10 a special education program, the regional superintendent may
11 enter into joint agreements with other districts and may
12 contract with public or private schools or the orphanage,
13 foster family home, children's home or State housing unit for
14 provision of the special education program. The regional
15 superintendent exercising the powers granted under this
16 Section shall claim the reimbursement authorized by this
17 Section directly from the State Board of Education.
18 Any child who is not a resident of Illinois who is placed
19 in a child welfare institution, private facility, foster
20 family home, State operated program, orphanage or children's
21 home shall have the payment for his educational tuition and
22 any related services assured by the placing agent.
23 Commencing July 1, 1992, for each disabled student who is
24 placed residentially by a State agency or the courts for care
25 or custody or both care and custody, welfare, medical or
26 mental health treatment or both medical and mental health
27 treatment, rehabilitation, and protection, whether placed
28 there on, before, or after July 1, 1992, the costs for
29 educating the student are eligible for reimbursement under
30 this Section providing the placing agency or court has
31 notified the appropriate school district authorities of the
32 status of student residency where applicable prior to or upon
33 placement.
34 The district of residence of the parent, guardian, or
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1 disabled student as defined in Sections 14-1.11 and 14-1.11a
2 is responsible for the actual costs of the student's special
3 education program and is eligible for reimbursement under
4 this Section when placement is made by a State agency or the
5 courts. Payments shall be made by the resident district to
6 the district wherein the facility is located no less than
7 once per quarter unless otherwise agreed to in writing by the
8 parties.
9 When a dispute arises over the determination of the
10 district of residence, the district or districts may appeal
11 the decision in writing to the State Superintendent of
12 Education. The decision of the State Superintendent of
13 Education shall be final.
14 In the event a district does not make a tuition payment
15 to another district that is providing the special education
16 program and services, the State Board of Education shall
17 immediately withhold 125% of the then remaining annual
18 tuition cost from the State aid or categorical aid payment
19 due to the school district that is determined to be the
20 resident school district. All funds withheld by the State
21 Board of Education shall immediately be forwarded to the
22 school district where the student is being served.
23 When a child eligible for services under this Section
24 14-7.03 must be placed in a nonpublic facility, that facility
25 shall meet the programmatic requirements of Section 14-7.02
26 and its regulations, and the educational services shall be
27 funded only in accordance with this Section 14-7.03.
28 (Source: P.A. 89-235, eff. 8-4-95; 89-397, eff. 8-20-95;
29 89-698, eff. 1-14-97; 90-463, eff. 8-17-97.)
30 (105 ILCS 5/14-7.03a rep.)
31 Section 10. The School Code is amended by repealing
32 Section 14-7.03a.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.