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90_SB0560ham007
LRB9005472NTsbam02
1 AMENDMENT TO SENATE BILL 560
2 AMENDMENT NO. . Amend Senate Bill 560, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the School Code by changing Sections
5 14-7.02, 14-7.02a, 14-12.01, 14-13.01, 18-4.3, and 18-8.05.";
6 and
7 by replacing the introductory clause to Section 5 with the
8 following:
9 "Section 5. The School Code is amended by changing
10 Sections 14-7.02, 14-7.02a, 14-12.01, 14-13.01, 18-4.3, and
11 18-8.05 as follows:
12 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
13 Sec. 14-7.02. Children attending private schools, public
14 out-of-state schools, public school residential facilities or
15 private special education facilities. The General Assembly
16 recognizes that non-public schools or special education
17 facilities provide an important service in the educational
18 system in Illinois.
19 If because of his or her disability the special education
20 program of a district is unable to meet the needs of a child
21 and the child attends a non-public school or special
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1 education facility, a public out-of-state school or a special
2 education facility owned and operated by a county government
3 unit that provides special educational services required by
4 the child and is in compliance with the appropriate rules and
5 regulations of the State Superintendent of Education, the
6 school district in which the child is a resident shall pay
7 the actual cost of tuition for special education and related
8 services provided during the regular school term and during
9 the summer school term if the child's educational needs so
10 require, excluding room, board and transportation costs
11 charged the child by that non-public school or special
12 education facility, public out-of-state school or county
13 special education facility, or $4,500 per year, whichever is
14 less, and shall provide him any necessary transportation.
15 "Nonpublic special education facility" shall include a
16 residential facility, within or without the State of
17 Illinois, which provides special education and related
18 services to meet the needs of the child by utilizing private
19 schools or public schools, whether located on the site or off
20 the site of the residential facility.
21 The State Board of Education shall promulgate rules and
22 regulations for determining when placement in a private
23 special education facility is appropriate. Such rules and
24 regulations shall take into account the various types of
25 services needed by a child and the availability of such
26 services to the particular child in the public school. In
27 developing these rules and regulations the State Board of
28 Education shall consult with the Advisory Council on
29 Education of Children with Disabilities and hold public
30 hearings to secure recommendations from parents, school
31 personnel, and others concerned about this matter.
32 The State Board of Education shall also promulgate rules
33 and regulations for transportation to and from a residential
34 school. Transportation to and from home to a residential
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1 school more than once each school term shall be subject to
2 prior approval by the State Superintendent in accordance with
3 the rules and regulations of the State Board.
4 A school district making tuition payments pursuant to
5 this Section is eligible for reimbursement from the State for
6 the amount of such payments actually made in excess of the
7 district per capita tuition charge for students not receiving
8 special education services. Such reimbursement shall be
9 approved in accordance with Section 14-12.01 and each
10 district shall file its claims, computed in accordance with
11 rules prescribed by the State Board of Education, with the
12 regional superintendent of schools on or before August 1, for
13 approval on forms prescribed by the State Superintendent of
14 Education. Data used as a basis of reimbursement claims
15 shall be for the preceding regular school term and summer
16 school term. The regional superintendent of schools shall
17 approve the claims as to form and transmit the claims to the
18 State Board of Education on or before August 15. The State
19 Board of Education, before approving any such claims, shall
20 determine their accuracy and whether they are based upon
21 services and facilities provided under approved programs.
22 Upon approval the State Board shall cause vouchers to be
23 prepared showing the amount due for payment of reimbursement
24 claims to school districts, for transmittal to the State
25 Comptroller on the 30th day of September, December, and
26 March, respectively, and the final voucher, no later than
27 June 20. If the money appropriated by the General Assembly
28 for such purpose for any year is insufficient, it shall be
29 apportioned on the basis of the claims approved.
30 No child shall be placed in a special education program
31 pursuant to this Section if the tuition cost for special
32 education and related services increases more than 10 percent
33 over the tuition cost for the previous school year or exceeds
34 $4,500 per year unless such costs have been approved by the
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1 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 Bureau of
5 the Budget; the Secretary of Human Services; the State
6 Superintendent of Education; and such other persons as the
7 Governor may designate. The Review Board shall establish
8 rules and regulations for its determination of allowable
9 costs and payments made by local school districts for special
10 education, room and board, and other related services
11 provided by non-public schools or special education
12 facilities and shall establish uniform standards and criteria
13 which it shall follow.
14 The Review Board shall establish uniform definitions and
15 criteria for accounting separately by special education, room
16 and board and other related services costs. The Board shall
17 also establish guidelines for the coordination of services
18 and financial assistance provided by all State agencies to
19 assure that no otherwise qualified disabled child receiving
20 services under Article 14 shall be excluded from
21 participation in, be denied the benefits of or be subjected
22 to discrimination under any program or activity provided by
23 any State agency.
24 The Review Board shall review the costs for special
25 education and related services provided by non-public schools
26 or special education facilities and shall approve or
27 disapprove such facilities in accordance with the rules and
28 regulations established by it with respect to allowable
29 costs.
30 The State Board of Education shall provide administrative
31 and staff support for the Review Board as deemed reasonable
32 by the State Superintendent of Education. This support shall
33 not include travel expenses or other compensation for any
34 Review Board member other than the State Superintendent of
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1 Education.
2 The Review Board shall seek the advice of the Advisory
3 Council on Education of Children with Disabilities on the
4 rules and regulations to be promulgated by it relative to
5 providing special education services.
6 If a child has been placed in a program in which the
7 actual per pupil costs of tuition for special education and
8 related services based on program enrollment, excluding room,
9 board and transportation costs, exceed $4,500 and such costs
10 have been approved by the Review Board, the district shall
11 pay such total costs which exceed $4,500. A district making
12 such tuition payments in excess of $4,500 pursuant to this
13 Section shall be responsible for an amount in excess of
14 $4,500 equal to the district per capita tuition charge and
15 shall be eligible for reimbursement from the State for the
16 amount of such payments actually made in excess of the
17 districts per capita tuition charge for students not
18 receiving special education services.
19 If a child has been placed in an approved individual
20 program and the tuition costs including room and board costs
21 have been approved by the Review Board, then such room and
22 board costs shall be paid by the appropriate State agency
23 subject to the provisions of Section 14-8.01 of this Act.
24 Room and board costs not provided by a State agency other
25 than the State Board of Education shall be provided by the
26 State Board of Education on a current basis. In no event,
27 however, shall the State's liability for funding of these
28 tuition costs begin until after the legal obligations of
29 third party payors have been subtracted from such costs. If
30 the money appropriated by the General Assembly for such
31 purpose for any year is insufficient, it shall be apportioned
32 on the basis of the claims approved. Each district shall
33 submit estimated claims to the regional superintendent of
34 schools for transmittal to the State Superintendent of
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1 Education. Upon approval of such claims, the State
2 Superintendent of Education shall direct the State
3 Comptroller to make payments on a monthly basis. The
4 frequency for submitting estimated claims and the method of
5 determining payment shall be prescribed in rules and
6 regulations adopted by the State Board of Education. Such
7 current state reimbursement shall be reduced by an amount
8 equal to the proceeds which the child or child's parents are
9 eligible to receive under any public or private insurance or
10 assistance program. Nothing in this Section shall be
11 construed as relieving an insurer or similar third party from
12 an otherwise valid obligation to provide or to pay for
13 services provided to a disabled child.
14 If it otherwise qualifies, a school district is eligible
15 for the transportation reimbursement under Section 14-13.01
16 and for the reimbursement of tuition payments under this
17 Section whether the non-public school or special education
18 facility, public out-of-state school or county special
19 education facility, attended by a child who resides in that
20 district and requires special educational services, is within
21 or outside of the State of Illinois. However, a district is
22 not eligible to claim transportation reimbursement under this
23 Section unless the district certifies to the State
24 Superintendent of Education that the district is unable to
25 provide special educational services required by the child
26 for the current school year.
27 Nothing in this Section authorizes the reimbursement of a
28 school district for the amount paid for tuition of a child
29 attending a non-public school or special education facility,
30 public out-of-state school or county special education
31 facility unless the school district certifies to the State
32 Superintendent of Education that the special education
33 program of that district is unable to meet the needs of that
34 child because of his disability and the State Superintendent
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1 of Education finds that the school district is in substantial
2 compliance with Section 14-4.01.
3 Any educational or related services provided, pursuant to
4 this Section in a non-public school or special education
5 facility or a special education facility owned and operated
6 by a county government unit shall be at no cost to the parent
7 or guardian of the child. However, current law and practices
8 relative to contributions by parents or guardians for costs
9 other than educational or related services are not affected
10 by this amendatory Act of 1978.
11 Reimbursement for children attending public school
12 residential facilities shall be made in accordance with the
13 provisions of this Section.
14 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
15 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
16 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
17 (105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a)
18 Sec. 14-7.02a. Children requiring extraordinary special
19 education services and facilities. A school district
20 providing for a child requiring extraordinary special
21 education services because of the nature of his disability is
22 eligible for reimbursement from the State if the cost of
23 educating that child is computed, as set forth in Section
24 14-7.01, to be in excess of one and one-half times the
25 district per capita tuition charge for the prior year. Such
26 costs beyond one per capita tuition charge shall be
27 reimbursed, up to a maximum of $2,500 $2,000.
28 A child is deemed to require extraordinary special
29 education services and facilities under the following
30 conditions:
31 1) the school district has determined that the
32 child requires extraordinary special education facilities
33 pursuant to the multidisciplinary case study and the
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1 individualized education program;
2 2) the school district maintains adequate cost
3 accounting to document the per capita cost of special
4 education; and
5 3) the school district submits approval and claim
6 data annually for each eligible child.
7 Extraordinary special education services provided on a
8 one-half day basis shall only be reimbursed at a rate of
9 one-half the amount otherwise provided herein.
10 (Source: P.A. 88-16.)
11 (105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
12 Sec. 14-12.01. Account of expenditures - Cost report -
13 Reimbursement. Each school board shall keep an accurate,
14 detailed and separate account of all monies paid out by it
15 for the maintenance of each of the types of facilities,
16 classes and schools authorized by this Article for the
17 instruction and care of pupils attending them and for the
18 cost of their transportation, and shall annually report
19 thereon indicating the cost of each such elementary or high
20 school pupil for the school year ending June 30.
21 Applications for preapproval for reimbursement for costs
22 of special education must be first submitted through the
23 office of the regional superintendent of schools to the State
24 Superintendent of Education on or before 30 days after a
25 special class or service is started. Applications shall set
26 forth a plan for special education established and maintained
27 in accordance with this Article. Such applications shall be
28 limited to the cost of construction and maintenance of
29 special education facilities designed and utilized to house
30 instructional programs, diagnostic services, other special
31 education services for children with disabilities and
32 reimbursement as provided in Section 14-13.01. Such
33 application shall not include the cost of construction or
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1 maintenance of any administrative facility separated from
2 special education facilities designed and utilized to house
3 instructional programs, diagnostic services, and other
4 special education services for children with disabilities.
5 Reimbursement claims for special education shall be made as
6 follows:
7 Each district shall file its claim computed in accordance
8 with rules prescribed by the State Board of Education with
9 the regional superintendent of schools, in triplicate, on or
10 before August 1, for approval on forms prescribed by the
11 State Superintendent of Education. Data used as a basis of
12 reimbursement claims shall be for the school year ended on
13 June 30 preceding. The regional superintendent of schools
14 shall check and upon approval provide the State
15 Superintendent of Education with the original and one copy of
16 the claims on or before August 15. The State Superintendent
17 of Education before approving any such claims shall determine
18 their accuracy and whether they are based upon services and
19 facilities provided under approved programs. Upon approval,
20 vouchers for the amounts due the respective districts shall
21 be prepared and submitted during each fiscal year as follows:
22 the first 3 vouchers shall be prepared by the State
23 Superintendent of Education and transmitted to the
24 Comptroller on the 30th day of September, December and March,
25 respectively, and the final voucher, no later than June 20.
26 If, after preparation and transmittal of the September 30
27 vouchers, any claim has been redetermined by the State
28 Superintendent of Education, subsequent vouchers shall be
29 adjusted in amount to compensate for any overpayment or
30 underpayment previously made. If the money appropriated by
31 the General Assembly for such purpose for any year is
32 insufficient, it shall be apportioned on the basis of the
33 claims approved.
34 Claims received at the State Board of Education after
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1 August 15 shall not be honored. Claims received by August 15
2 may be amended until November 30.
3 All reimbursement shall be paid at 100%. Recognizing the
4 needs of students with disabilities and the financial burden
5 upon the school districts in educating those students, the
6 General Assembly shall annually appropriate adequate funding
7 to reimburse at 100% of the cost of providing special
8 education. If there are any excess funds remaining from the
9 appropriation reimbursing all filed claims, the General
10 Assembly shall reappropriate those excess funds for other
11 educational purposes in that same fiscal year. Beginning
12 with the fiscal year 1999, if the amount appropriated for any
13 year is less than the amount required for purposes of this
14 Section and Sections 14-7.02 and 18-4.3, the amount required
15 to eliminate any insufficient reimbursement for each district
16 claim under those Sections shall be reimbursed on September
17 30 of the next fiscal year. Payments required to eliminate
18 any insufficiency for prior fiscal year claims shall be made
19 before any claims are paid for the current fiscal year.
20 (Source: P.A. 88-641, eff. 9-9-94; 89-397, eff. 8-20-95.)
21 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
22 Sec. 14-13.01. Reimbursement payable by State; Amounts.
23 Reimbursement for furnishing special educational facilities
24 in a recognized school to the type of children defined in
25 Section 14-1.02 shall be paid to the school districts in
26 accordance with Section 14-12.01 for each school year ending
27 June 30 by the State Comptroller out of any money in the
28 treasury appropriated for such purposes on the presentation
29 of vouchers by the State Board of Education.
30 The reimbursement shall be limited to funds expended for
31 construction and maintenance of special education facilities
32 designed and utilized to house instructional programs,
33 diagnostic services, other special education services for
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1 children with disabilities and reimbursement as provided in
2 Section 14-13.01. There shall be no reimbursement for
3 construction and maintenance of any administrative facility
4 separated from special education facilities designed and
5 utilized to house instructional programs, diagnostic services
6 and other special education services for children with
7 disabilities.
8 (a) For children who have not been identified as
9 eligible for special education and for eligible children with
10 physical disabilities, including all eligible children whose
11 placement has been determined under Section 14-8.02 in
12 hospital or home instruction, 1/2 of the teacher's salary but
13 not more than $1,000 annually per child or 22% of the State's
14 average teacher salary for the prior school year $8,000 per
15 teacher for the 1998-1999 1985-1986 school year and
16 thereafter, whichever is less. Children to be included in
17 any reimbursement under this paragraph must regularly receive
18 a minimum of one hour of instruction each school day, or in
19 lieu thereof of a minimum of 5 hours of instruction in each
20 school week in order to qualify for full reimbursement under
21 this Section. If the attending physician for such a child
22 has certified that the child should not receive as many as 5
23 hours of instruction in a school week, however, reimbursement
24 under this paragraph on account of that child shall be
25 computed proportionate to the actual hours of instruction per
26 week for that child divided by 5.
27 (b) For children described in Section 14-1.02, 4/5 of
28 the cost of transportation for each such child, whom the
29 State Superintendent of Education determined in advance
30 requires special transportation service in order to take
31 advantage of special educational facilities. Transportation
32 costs shall be determined in the same fashion as provided in
33 Section 29-5. For purposes of this subsection (b), the dates
34 for processing claims specified in Section 29-5 shall apply.
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1 (c) For each professional worker, excluding those
2 included in subparagraphs (a), (d), (e), and (f) of this
3 Section, the annual sum of 22% of the State's average teacher
4 salary for the prior school year $8,000 for the 1998-1999
5 1985-1986 school year and thereafter.
6 (d) For one full time qualified director of the special
7 education program of each school district which maintains a
8 fully approved program of special education the annual sum of
9 22% of the State's average teacher salary for the prior
10 school year $8,000 for the 1998-1999 1985-1986 school year
11 and thereafter. Districts participating in a joint agreement
12 special education program shall not receive such
13 reimbursement if reimbursement is made for a director of the
14 joint agreement program.
15 (e) For each school psychologist as defined in Section
16 14-1.09 the annual sum of 22% of the State's average teacher
17 salary for the prior school year $8,000 for the 1998-1999
18 1985-1986 school year and thereafter.
19 (f) For each qualified teacher working in a fully
20 approved program for children of preschool age who are deaf
21 or hard-of-hearing the annual sum of 22% of the State's
22 average teacher salary for the prior school year $8,000 for
23 the 1998-1999 1985-1986 school year and thereafter.
24 (g) For readers, working with blind or partially seeing
25 children 1/2 of their salary but not more than $400 annually
26 per child. Readers may be employed to assist such children
27 and shall not be required to be certified but prior to
28 employment shall meet standards set up by the State Board of
29 Education.
30 (h) For necessary non-certified employees working in any
31 class or program for children defined in this Article, 1/2 of
32 the salary paid or $2,800 annually per employee, whichever is
33 less.
34 The State Board of Education shall set standards and
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1 prescribe rules for determining the allocation of
2 reimbursement under this section on less than a full time
3 basis and for less than a school year.
4 When any school district eligible for reimbursement under
5 this Section operates a school or program approved by the
6 State Superintendent of Education for a number of days in
7 excess of the adopted school calendar but not to exceed 235
8 school days, such reimbursement shall be increased by 1/185
9 of the amount or rate paid hereunder for each day such school
10 is operated in excess of 185 days per calendar year.
11 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
12 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
13 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
14 Sec. 18-4.3. Summer school grants. Grants shall be
15 determined for pupil attendance in summer schools conducted
16 under Sections 10-22.33A and 34-18 and approved under Section
17 2-3.25 in the following manner.
18 The amount of grant for each accredited summer school
19 attendance pupil shall be obtained by dividing the total
20 amount of apportionments determined under Section 18-8 or
21 Section 18-8.05 by the actual number of pupils in average
22 daily attendance used for such apportionments. The number of
23 credited summer school attendance pupils shall be determined
24 (a) by counting clock hours of class instruction by pupils
25 enrolled in grades 1 through 12 in approved courses conducted
26 at least 60 clock hours in summer sessions; (b) by dividing
27 such total of clock hours of class instruction by 4 to
28 produce days of credited pupil attendance; (c) by dividing
29 such days of credited pupil attendance by the actual number
30 of days in the regular term as used in computation in the
31 general apportionment in Section 18-8; and (d) by multiplying
32 by 1.25.
33 The amount of the grant for a summer school program
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1 approved by the State Superintendent of Education for
2 children with disabilities, as defined in Sections 14-1.02
3 through 14-1.07, shall be determined in the manner contained
4 above except that average daily membership shall be utilized
5 in lieu of average daily attendance.
6 In the case of an apportionment based on summer school
7 attendance or membership pupils, the claim therefor shall be
8 presented as a separate claim for the particular school year
9 in which such summer school session ends. On or before
10 October 15 of each year the superintendent of each eligible
11 school district shall certify to the regional superintendent
12 the claim of the district for the summer session just ended.
13 Failure on the part of the school board to so certify shall
14 constitute a forfeiture of its right to such payment. The
15 regional superintendent shall certify to the State
16 Superintendent of Education no later than November 1 the
17 regional report of claims for summer school. The State
18 Superintendent of Education shall transmit to the Comptroller
19 no later than December 15th of each year vouchers for payment
20 of amounts due school districts for summer school. The State
21 Superintendent of Education shall direct the Comptroller to
22 draw his warrants for payments thereof by the 30th day of
23 December. If the money appropriated by the General Assembly
24 for such purpose for any year is insufficient, it shall be
25 apportioned on the basis of claims approved.
26 However, notwithstanding the foregoing provisions, for
27 each fiscal year the money appropriated by the General
28 Assembly for the purposes of this Section shall only be used
29 for grants for approved summer school programs for those
30 children with disabilities served pursuant to Sections
31 14-7.02 and 14-7.02a of the School Code.
32 (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)";
33 and
34 in Section 5, by deleting Sec. 18-8; and
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1 by replacing Section 99 with the following:
2 "Section 99. Effective date. This Act takes effect July
3 1, 1998.".