[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
91_HB2904ham002
LRB9107764NTksam01
1 AMENDMENT TO HOUSE BILL 2904
2 AMENDMENT NO. . Amend House Bill 2904 as follows:
3 on page 1, by replacing lines 1 and 2 with the following:
4 "AN ACT concerning the powers and duties of regional
5 superintendents of schools."; and
6 on page 1, by replacing lines 5 and 6 with the following:
7 "Section 5. The School Code is amended by changing
8 Sections 2-3.30, 3-15.10, 14-7.02, 14-12.01, 14A-5, 14C-12,
9 18-3, and 18-4.3 as follows:
10 (105 ILCS 5/2-3.30) (from Ch. 122, par. 2-3.30)
11 Sec. 2-3.30. Census for special education. To require on
12 or before December 22 of each year reports submitted through
13 the regional superintendent as to the census of all children
14 age birth through 21 years of age inclusive of the types
15 described in definitions under the rules authorized in
16 Section 14-1.02 who were receiving special education and
17 related services on December 1 of the current school year.
18 To require an annual report, on or before December 22 of
19 each year from the Department of Children and Family
20 Services, Department of Corrections, and Department of Human
21 Services containing a census of all children age birth
-2- LRB9107764NTksam01
1 through 21 years of age inclusive, of the types described in
2 Section 14-1.02 who were receiving special education
3 services on December 1 of the current school year within
4 State facilities. Such report shall be submitted pursuant to
5 rules and regulations issued by the State Board of Education.
6 The State Board of Education shall ascertain and report
7 annually, on or before January 15, the number of children of
8 non-English background, birth through 21 years of age,
9 inclusive of (a) types described in definitions under rules
10 authorized in Section 14-1.02 who were receiving special
11 education and related services on December of the previous
12 year and (b) inclusive of those served within State
13 facilities administered by the Department of Children and
14 Family Services and the Department of Human Services. The
15 report shall classify such children according to their
16 language background, age, category of exceptionality and
17 level of severity, least restrictive placement and
18 achievement level.
19 (Source: P.A. 89-507, eff. 7-1-97.)"; and
20 on page 2, immediately below line 31, by inserting the
21 following:
22 "(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
23 Sec. 14-7.02. Children attending private schools, public
24 out-of-state schools, public school residential facilities or
25 private special education facilities. The General Assembly
26 recognizes that non-public schools or special education
27 facilities provide an important service in the educational
28 system in Illinois.
29 If because of his or her disability the special education
30 program of a district is unable to meet the needs of a child
31 and the child attends a non-public school or special
32 education facility, a public out-of-state school or a special
33 education facility owned and operated by a county government
-3- LRB9107764NTksam01
1 unit that provides special educational services required by
2 the child and is in compliance with the appropriate rules and
3 regulations of the State Superintendent of Education, the
4 school district in which the child is a resident shall pay
5 the actual cost of tuition for special education and related
6 services provided during the regular school term and during
7 the summer school term if the child's educational needs so
8 require, excluding room, board and transportation costs
9 charged the child by that non-public school or special
10 education facility, public out-of-state school or county
11 special education facility, or $4,500 per year, whichever is
12 less, and shall provide him any necessary transportation.
13 "Nonpublic special education facility" shall include a
14 residential facility, within or without the State of
15 Illinois, which provides special education and related
16 services to meet the needs of the child by utilizing private
17 schools or public schools, whether located on the site or off
18 the site of the residential facility.
19 The State Board of Education shall promulgate rules and
20 regulations for determining when placement in a private
21 special education facility is appropriate. Such rules and
22 regulations shall take into account the various types of
23 services needed by a child and the availability of such
24 services to the particular child in the public school. In
25 developing these rules and regulations the State Board of
26 Education shall consult with the Advisory Council on
27 Education of Children with Disabilities and hold public
28 hearings to secure recommendations from parents, school
29 personnel, and others concerned about this matter.
30 The State Board of Education shall also promulgate rules
31 and regulations for transportation to and from a residential
32 school. Transportation to and from home to a residential
33 school more than once each school term shall be subject to
34 prior approval by the State Superintendent in accordance with
-4- LRB9107764NTksam01
1 the rules and regulations of the State Board.
2 A school district making tuition payments pursuant to
3 this Section is eligible for reimbursement from the State for
4 the amount of such payments actually made in excess of the
5 district per capita tuition charge for students not receiving
6 special education services. Such reimbursement shall be
7 approved in accordance with Section 14-12.01 and each
8 district shall file its claims, computed in accordance with
9 rules prescribed by the State Board of Education, with the
10 regional superintendent of schools on or before August 1, for
11 approval on forms prescribed by the State Superintendent of
12 Education. Data used as a basis of reimbursement claims
13 shall be for the preceding regular school term and summer
14 school term. Each school district shall The regional
15 superintendent of schools shall approve the claims as to form
16 and transmit its the claims to the State Board of Education
17 on or before August 15. The State Board of Education, before
18 approving any such claims, shall determine their accuracy and
19 whether they are based upon services and facilities provided
20 under approved programs. Upon approval the State Board shall
21 cause vouchers to be prepared showing the amount due for
22 payment of reimbursement claims to school districts, for
23 transmittal to the State Comptroller on the 30th day of
24 September, December, and March, respectively, and the final
25 voucher, no later than June 20. If the money appropriated by
26 the General Assembly for such purpose for any year is
27 insufficient, it shall be apportioned on the basis of the
28 claims approved.
29 No child shall be placed in a special education program
30 pursuant to this Section if the tuition cost for special
31 education and related services increases more than 10 percent
32 over the tuition cost for the previous school year or exceeds
33 $4,500 per year unless such costs have been approved by the
34 Illinois Purchased Care Review Board. The Illinois
-5- LRB9107764NTksam01
1 Purchased Care Review Board shall consist of the following
2 persons, or their designees: the Directors of Children and
3 Family Services, Public Health, Public Aid, and the Bureau of
4 the Budget; the Secretary of Human Services; the State
5 Superintendent of Education; and such other persons as the
6 Governor may designate. The Review Board shall establish
7 rules and regulations for its determination of allowable
8 costs and payments made by local school districts for special
9 education, room and board, and other related services
10 provided by non-public schools or special education
11 facilities and shall establish uniform standards and criteria
12 which it shall follow.
13 The Review Board shall establish uniform definitions and
14 criteria for accounting separately by special education, room
15 and board and other related services costs. The Board shall
16 also establish guidelines for the coordination of services
17 and financial assistance provided by all State agencies to
18 assure that no otherwise qualified disabled child receiving
19 services under Article 14 shall be excluded from
20 participation in, be denied the benefits of or be subjected
21 to discrimination under any program or activity provided by
22 any State agency.
23 The Review Board shall review the costs for special
24 education and related services provided by non-public schools
25 or special education facilities and shall approve or
26 disapprove such facilities in accordance with the rules and
27 regulations established by it with respect to allowable
28 costs.
29 The State Board of Education shall provide administrative
30 and staff support for the Review Board as deemed reasonable
31 by the State Superintendent of Education. This support shall
32 not include travel expenses or other compensation for any
33 Review Board member other than the State Superintendent of
34 Education.
-6- LRB9107764NTksam01
1 The Review Board shall seek the advice of the Advisory
2 Council on Education of Children with Disabilities on the
3 rules and regulations to be promulgated by it relative to
4 providing special education services.
5 If a child has been placed in a program in which the
6 actual per pupil costs of tuition for special education and
7 related services based on program enrollment, excluding room,
8 board and transportation costs, exceed $4,500 and such costs
9 have been approved by the Review Board, the district shall
10 pay such total costs which exceed $4,500. A district making
11 such tuition payments in excess of $4,500 pursuant to this
12 Section shall be responsible for an amount in excess of
13 $4,500 equal to the district per capita tuition charge and
14 shall be eligible for reimbursement from the State for the
15 amount of such payments actually made in excess of the
16 districts per capita tuition charge for students not
17 receiving special education services.
18 If a child has been placed in an approved individual
19 program and the tuition costs including room and board costs
20 have been approved by the Review Board, then such room and
21 board costs shall be paid by the appropriate State agency
22 subject to the provisions of Section 14-8.01 of this Act.
23 Room and board costs not provided by a State agency other
24 than the State Board of Education shall be provided by the
25 State Board of Education on a current basis. In no event,
26 however, shall the State's liability for funding of these
27 tuition costs begin until after the legal obligations of
28 third party payors have been subtracted from such costs. If
29 the money appropriated by the General Assembly for such
30 purpose for any year is insufficient, it shall be apportioned
31 on the basis of the claims approved. Each district shall
32 submit estimated claims to the regional superintendent of
33 schools for transmittal to the State Superintendent of
34 Education. Upon approval of such claims, the State
-7- LRB9107764NTksam01
1 Superintendent of Education shall direct the State
2 Comptroller to make payments on a monthly basis. The
3 frequency for submitting estimated claims and the method of
4 determining payment shall be prescribed in rules and
5 regulations adopted by the State Board of Education. Such
6 current state reimbursement shall be reduced by an amount
7 equal to the proceeds which the child or child's parents are
8 eligible to receive under any public or private insurance or
9 assistance program. Nothing in this Section shall be
10 construed as relieving an insurer or similar third party from
11 an otherwise valid obligation to provide or to pay for
12 services provided to a disabled child.
13 If it otherwise qualifies, a school district is eligible
14 for the transportation reimbursement under Section 14-13.01
15 and for the reimbursement of tuition payments under this
16 Section whether the non-public school or special education
17 facility, public out-of-state school or county special
18 education facility, attended by a child who resides in that
19 district and requires special educational services, is within
20 or outside of the State of Illinois. However, a district is
21 not eligible to claim transportation reimbursement under this
22 Section unless the district certifies to the State
23 Superintendent of Education that the district is unable to
24 provide special educational services required by the child
25 for the current school year.
26 Nothing in this Section authorizes the reimbursement of a
27 school district for the amount paid for tuition of a child
28 attending a non-public school or special education facility,
29 public out-of-state school or county special education
30 facility unless the school district certifies to the State
31 Superintendent of Education that the special education
32 program of that district is unable to meet the needs of that
33 child because of his disability and the State Superintendent
34 of Education finds that the school district is in substantial
-8- LRB9107764NTksam01
1 compliance with Section 14-4.01.
2 Any educational or related services provided, pursuant to
3 this Section in a non-public school or special education
4 facility or a special education facility owned and operated
5 by a county government unit shall be at no cost to the parent
6 or guardian of the child. However, current law and practices
7 relative to contributions by parents or guardians for costs
8 other than educational or related services are not affected
9 by this amendatory Act of 1978.
10 Reimbursement for children attending public school
11 residential facilities shall be made in accordance with the
12 provisions of this Section.
13 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
14 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
15 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
16 (105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
17 Sec. 14-12.01. Account of expenditures - Cost report -
18 Reimbursement. Each school board shall keep an accurate,
19 detailed and separate account of all monies paid out by it
20 for the maintenance of each of the types of facilities,
21 classes and schools authorized by this Article for the
22 instruction and care of pupils attending them and for the
23 cost of their transportation, and shall annually report
24 thereon indicating the cost of each such elementary or high
25 school pupil for the school year ending June 30.
26 Applications for preapproval for reimbursement for costs
27 of special education must be first submitted through the
28 office of the regional superintendent of schools to the State
29 Superintendent of Education on or before 30 days after a
30 special class or service is started. Applications shall set
31 forth a plan for special education established and maintained
32 in accordance with this Article. Such applications shall be
33 limited to the cost of construction and maintenance of
-9- LRB9107764NTksam01
1 special education facilities designed and utilized to house
2 instructional programs, diagnostic services, other special
3 education services for children with disabilities and
4 reimbursement as provided in Section 14-13.01. Such
5 application shall not include the cost of construction or
6 maintenance of any administrative facility separated from
7 special education facilities designed and utilized to house
8 instructional programs, diagnostic services, and other
9 special education services for children with disabilities.
10 Reimbursement claims for special education shall be made as
11 follows:
12 Each district shall file its claim computed in accordance
13 with rules prescribed by the State Board of Education with
14 the regional superintendent of schools, in triplicate, on or
15 before August 1, for approval on forms prescribed by the
16 State Superintendent of Education. Data used as a basis of
17 reimbursement claims shall be for the school year ended on
18 June 30 preceding. Each school district shall transmit to
19 The regional superintendent of schools shall check and upon
20 approval provide the State Superintendent of Education its
21 with the original and one copy of the claims on or before
22 August 15. The State Superintendent of Education before
23 approving any such claims shall determine their accuracy and
24 whether they are based upon services and facilities provided
25 under approved programs. Upon approval, vouchers for the
26 amounts due the respective districts shall be prepared and
27 submitted during each fiscal year as follows: the first 3
28 vouchers shall be prepared by the State Superintendent of
29 Education and transmitted to the Comptroller on the 30th day
30 of September, December and March, respectively, and the final
31 voucher, no later than June 20. If, after preparation and
32 transmittal of the September 30 vouchers, any claim has been
33 redetermined by the State Superintendent of Education,
34 subsequent vouchers shall be adjusted in amount to compensate
-10- LRB9107764NTksam01
1 for any overpayment or underpayment previously made. If the
2 money appropriated by the General Assembly for such purpose
3 for any year is insufficient, it shall be apportioned on the
4 basis of the claims approved.
5 Claims received at the State Board of Education after
6 August 15 shall not be honored. Claims received by August 15
7 may be amended until November 30.
8 (Source: P.A. 88-641, eff. 9-9-94; 89-397, eff. 8-20-95.)
9 (105 ILCS 5/14A-5) (from Ch. 122, par. 14A-5)
10 Sec. 14A-5. Reimbursement for services and materials.
11 Pursuant to regulations of the State Board of Education
12 proposed programs for gifted children may be submitted to the
13 Council by a school district, 2 or more cooperating school
14 districts, a county, or 2 or more cooperating counties. Such
15 proposals shall include a statement of the qualifications and
16 duties of the personnel required in the fields of diagnostic,
17 counseling and consultative services and the educational
18 materials necessary.
19 Upon receipt of such proposals the Council shall evaluate
20 them and if found to contribute to the development of a State
21 plan to increase the service of the public school in the
22 field of education of gifted children the Council shall
23 recommend the acceptance thereof to the State Superintendent
24 of Education, who may approve the same. Upon the approval of
25 the district's program, which shall be offered during the
26 regular school term and may include optional summer school,
27 the district shall be entitled to reimbursement for the
28 services and materials required therefor by the method
29 described in either (a) or (b) as follows:
30 (a) The number of pupils in average daily attendance in
31 the district's program, multiplied by one of the following
32 factors:
33 The factors for school districts having different
-11- LRB9107764NTksam01
1 assessed valuations per pupil in average daily attendance for
2 the prior year shall be:
3 1. in districts with $20,000 or more;
4 1.2 in districts with $16,000 but less than $20,000;
5 1.3 in districts with $12,000 but less than $16,000;
6 1.4 in districts with $9,000 but less than $12,000;
7 1.5 in districts with less than $9,000.
8 In no case shall the claim for reimbursement of any
9 district exceed the actual cost of such program to the
10 district nor shall the number of pupils for whom
11 reimbursement is claimed exceed 5% of the number of pupils in
12 average daily attendance in the district for the prior year.
13 (b) For each professional worker, who meets the
14 established standards for his position, employed in the
15 district's program at the annual rate of $5,000.
16 On or before July 10, annually, the president and the
17 secretary of the district shall certify to the regional
18 superintendent upon forms prescribed by the State
19 Superintendent of Education the district's claim for
20 reimbursement for the school year ended on June 30 next
21 preceding. The regional superintendent shall check all such
22 claims to ascertain compliance with the prescribed standards
23 and upon his approval shall certify not later than July 25 to
24 the State Superintendent of Education the regional report of
25 claims for reimbursements. The State Superintendent of
26 Education shall check and upon approval shall transmit by
27 September 15 to the State Comptroller the vouchers showing
28 the amounts due for district reimbursement claims.
29 Reimbursement shall be paid in the manner provided above in
30 this paragraph through September 15, 1979. Thereafter,
31 Estimated payments equal to 1/4 of the district's approved
32 program amount shall be made by the State Comptroller on
33 November 15, February 15, and May 15 upon submission of
34 vouchers by the State Superintendent of Education. A final
-12- LRB9107764NTksam01
1 claim shall be transmitted filed with the regional
2 superintendent on or before July 10 for approval and
3 transmittal to the State Superintendent of Education on or
4 before July 20. Claims received by the State Superintendent
5 of Education after July 20 shall not be honored. Upon receipt
6 of the final claim the State Superintendent shall verify its
7 accuracy and make a final adjusted payment on September 20.
8 If the amount appropriated for such reimbursement for any
9 year is insufficient it shall be apportioned on the basis of
10 the claims approved.
11 When any school district eligible for reimbursement under
12 this Section operates a school for a full year in accordance
13 with Section 10-19.1 of this Act such reimbursement shall be
14 increased by 1/185 of the amount or rate paid hereunder for
15 each day such school is operated in excess of 185 days per
16 calendar year.
17 For purposes of calculating claims for reimbursement
18 under this Section for any school year beginning July 1,
19 1997, or thereafter, the equalized assessed valuation for a
20 school district used to compute reimbursement shall be
21 computed in the same manner as it is computed under paragraph
22 (2) of subsection (G) of Section 18-8.05.
23 (Source: P.A. 90-463, eff. 8-17-97; 91-96, eff. 7-9-99.)
24 (105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)
25 Sec. 14C-12. Account of expenditures; Cost report;
26 Reimbursement. Each school district shall keep an accurate,
27 detailed and separate account of all monies paid out by it
28 for the programs in transitional bilingual education required
29 or permitted by this Article, including transportation costs,
30 and shall annually report thereon for the school year ending
31 June 30 indicating the average per pupil expenditure. Each
32 school district shall be reimbursed for the amount by which
33 such costs exceed the average per pupil expenditure by such
-13- LRB9107764NTksam01
1 school district for the education of children of comparable
2 age who are not in any special education program.
3 Applications for preapproval for reimbursement for costs
4 of transitional bilingual education programs must be
5 submitted to the State Superintendent of Education at least
6 60 days before a transitional bilingual education program is
7 started, unless a justifiable exception is granted by the
8 State Superintendent of Education. Applications shall set
9 forth a plan for transitional bilingual education established
10 and maintained in accordance with this Article.
11 Reimbursement claims for transitional bilingual education
12 programs shall be made as follows:
13 Each school district shall claim reimbursement on a
14 current basis for the first 3 quarters of the fiscal year and
15 file a final adjusted claim for the school year ended June 30
16 preceding computed in accordance with rules prescribed by the
17 State Superintendent's Office with the regional
18 superintendent of schools, in triplicate, for approval on
19 forms prescribed by the State Superintendent's Office. Data
20 used as a basis of reimbursement claims shall be for the
21 school year ended on June 30 preceding. School districts
22 shall file estimated claims with the regional superintendent
23 by October 10, January 10 and April 10 respectively, and file
24 final adjusted claims by July 10. Upon receipt of such
25 quarterly claims the regional superintendent shall transmit
26 them to the State Superintendent by October 20, January 20,
27 and April 20, and file final adjusted claims by July 20. The
28 State Superintendent of Education before approving any such
29 claims shall determine their accuracy and whether they are
30 based upon services and facilities provided under approved
31 programs. Upon approval he shall transmit by November 15,
32 February 15, May 15, and August 20 to the Comptroller the
33 vouchers showing the amounts due for school district
34 reimbursement claims. Upon receipt of the July final
-14- LRB9107764NTksam01
1 adjusted claims the State Superintendent of Education shall
2 make a final determination of the accuracy of such claims.
3 If the money appropriated by the General Assembly for such
4 purpose for any year is insufficient, it shall be apportioned
5 on the basis of the claims approved.
6 Failure on the part of the school district to prepare and
7 certify the final adjusted claims due under this Section on
8 or before July 20 of any year, and its failure thereafter to
9 prepare and certify such report to the regional
10 superintendent of schools within 10 days after receipt of
11 notice of such delinquency sent to it by the State
12 Superintendent of Education by registered mail, shall
13 constitute a forfeiture by the school district of its right
14 to be reimbursed by the State under this Section.
15 (Source: P.A. 90-463, eff. 8-17-97.)
16 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
17 Sec. 18-3. Tuition of children from orphanages and
18 children's homes.
19 When the children from any home for orphans, dependent,
20 abandoned or maladjusted children maintained by any
21 organization or association admitting to such home children
22 from the State in general or when children residing in a
23 school district wherein the State of Illinois maintains and
24 operates any welfare or penal institution on property owned
25 by the State of Illinois, which contains houses, housing
26 units or housing accommodations within a school district,
27 attend grades kindergarten through 12 of the public schools
28 maintained by that school district, the State Superintendent
29 of Education shall direct the State Comptroller to pay a
30 specified amount sufficient to pay the annual tuition cost of
31 such children who attended such public schools during the
32 school year ending on June 30, and the Comptroller shall pay
33 the amount after receipt of a voucher submitted by the State
-15- LRB9107764NTksam01
1 Superintendent of Education.
2 The amount of the tuition for such children attending the
3 public schools of the district shall be determined by the
4 State Superintendent of Education by multiplying the number
5 of such children in average daily attendance in such schools
6 by 1.2 times the total annual per capita cost of
7 administering the schools of the district. Such total annual
8 per capita cost shall be determined by totaling all expenses
9 of the school district in the educational, operations and
10 maintenance, bond and interest, transportation, Illinois
11 municipal retirement, and rent funds for the school year
12 preceding the filing of such tuition claims less expenditures
13 not applicable to the regular K-12 program, less offsetting
14 revenues from State sources except those from the common
15 school fund, less offsetting revenues from federal sources
16 except those from federal impaction aid, less student and
17 community service revenues, plus a depreciation allowance;
18 and dividing such total by the average daily attendance for
19 the year.
20 Annually on or before June 30 the superintendent of the
21 district upon forms prepared by the State Superintendent of
22 Education shall certify to the regional superintendent the
23 following:
24 1. The name of the home and of the organization or
25 association maintaining it; or the legal description of the
26 real estate upon which the house, housing units, or housing
27 accommodations are located and that no taxes or service
28 charges or other payments authorized by law to be made in
29 lieu of taxes were collected therefrom or on account thereof
30 during either of the calendar years included in the school
31 year for which claim is being made;
32 2. The number of children from the home or living in
33 such houses, housing units or housing accommodations and
34 attending the schools of the district;
-16- LRB9107764NTksam01
1 3. The total number of children attending the schools of
2 the district;
3 4. The per capita tuition charge of the district; and
4 5. The computed amount of the tuition payment claimed as
5 due.
6 Whenever the persons in charge of such home for orphans,
7 dependent, abandoned or maladjusted children have received
8 from the parent or guardian of any such child or by virtue of
9 an order of court a specific allowance for educating such
10 child, such persons shall pay to the school board in the
11 district where the child attends school such amount of the
12 allowance as is necessary to pay the tuition required by such
13 district for the education of the child. If the allowance is
14 insufficient to pay the tuition in full the State
15 Superintendent of Education shall direct the Comptroller to
16 pay to the district the difference between the total tuition
17 charged and the amount of the allowance.
18 Whenever the facilities of a school district in which
19 such house, housing units or housing accommodations are
20 located, are limited, pupils may be assigned by that district
21 to the schools of any adjacent district to the limit of the
22 facilities of the adjacent district to properly educate such
23 pupils as shall be determined by the school board of the
24 adjacent district, and the State Superintendent of Education
25 shall direct the Comptroller to pay a specified amount
26 sufficient to pay the annual tuition of the children so
27 assigned to and attending public schools in the adjacent
28 districts and the Comptroller shall draw his warrant upon the
29 State Treasurer for the payment of such amount for the
30 benefit of the adjacent school districts in the same manner
31 as for districts in which the houses, housing units or
32 housing accommodations are located.
33 Failure on the part of the school board to certify to the
34 regional superintendent the claim of the school district for
-17- LRB9107764NTksam01
1 tuition on account of such children on or before June 30
2 shall constitute a forfeiture by the district of its right to
3 the payment of any such tuition claim for the school year
4 just ended. The school district regional superintendent shall
5 check and not later than July 15 certify to the State
6 Superintendent of Education the regional report of claims due
7 for such tuition payments on or before July 31. Failure on
8 the part of the school board to certify its claim on July 31
9 shall constitute a forfeiture by the district of its right to
10 the payment of any such tuition claim for the school year
11 just ended. The State Superintendent of Education shall
12 direct the Comptroller to pay to the district, on or before
13 August 15, the amount due the district for the school year in
14 accordance with the calculation of the claim as set forth in
15 this Section.
16 Claims for tuition for children from any home for orphans
17 or dependent, abandoned, or maladjusted children beginning
18 with the 1993-1994 school year shall be paid on a current
19 year basis. On September 30, December 31, and March 31, the
20 State Board of Education shall voucher payments for districts
21 with those students based on an estimated cost calculated
22 from the prior year's claim. Final claims for those students
23 for the regular school term must be received at the State
24 Board of Education by July 31 following the end of the school
25 year. Final claims for those students shall be vouchered by
26 August 15. During fiscal year 1994 both the 1992-1993 school
27 year and the 1993-1994 school year shall be paid in order to
28 change the cycle of payment from a reimbursement basis to a
29 current year funding basis of payment. However,
30 notwithstanding any other provisions of this Section or the
31 School Code, beginning with fiscal year 1994 and each fiscal
32 year thereafter, if the amount appropriated for any fiscal
33 year is less than the amount required for purposes of this
34 Section, the amount required to eliminate any insufficient
-18- LRB9107764NTksam01
1 reimbursement for each district claim under this Section
2 shall be reimbursed on August 30 of the next fiscal year.
3 Payments required to eliminate any insufficiency for prior
4 fiscal year claims shall be made before any claims are paid
5 for the current fiscal year.
6 If a school district makes a claim for reimbursement
7 under Section 18-4 or 14-7.03 it shall not include in any
8 claim filed under this Section children residing on the
9 property of State institutions included in its claim under
10 Section 18-4 or 14-7.03.
11 Any child who is not a resident of Illinois who is placed
12 in a child welfare institution, private facility, State
13 operated program, orphanage or children's home shall have the
14 payment for his educational tuition and any related services
15 assured by the placing agent.
16 In order to provide services appropriate to allow a
17 student under the legal guardianship or custodianship of the
18 State to participate in local school district educational
19 programs, costs may be incurred in appropriate cases by the
20 district that are in excess of 1.2 times the district per
21 capita tuition charge allowed under the provisions of this
22 Section. In the event such excess costs are incurred, they
23 must be documented in accordance with cost rules established
24 under the authority of this Section and may then be claimed
25 for reimbursement under this Section.
26 Planned services for students eligible for this funding
27 must be a collaborative effort between the appropriate State
28 agency or the student's group home or institution and the
29 local school district.
30 (Source: P.A. 89-235, eff. 8-4-95; 90-463, eff. 8-17-97;
31 90-644, eff. 7-24-98.)
32 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
33 Sec. 18-4.3. Summer school grants. Grants shall be
-19- LRB9107764NTksam01
1 determined for pupil attendance in summer schools conducted
2 under Sections 10-22.33A and 34-18 and approved under Section
3 2-3.25 in the following manner.
4 The amount of grant for each accredited summer school
5 attendance pupil shall be obtained by dividing the total
6 amount of apportionments determined under Section 18-8 or
7 Section 18-8.05 by the actual number of pupils in average
8 daily attendance used for such apportionments. The number of
9 credited summer school attendance pupils shall be determined
10 (a) by counting clock hours of class instruction by pupils
11 enrolled in grades 1 through 12 in approved courses conducted
12 at least 60 clock hours in summer sessions; (b) by dividing
13 such total of clock hours of class instruction by 4 to
14 produce days of credited pupil attendance; (c) by dividing
15 such days of credited pupil attendance by the actual number
16 of days in the regular term as used in computation in the
17 general apportionment in Section 18-8.05 18-8; and (d) by
18 multiplying by 1.25.
19 The amount of the grant for a summer school program
20 approved by the State Superintendent of Education for
21 children with disabilities, as defined in Sections 14-1.02
22 through 14-1.07, shall be determined in the manner contained
23 above except that average daily membership shall be utilized
24 in lieu of average daily attendance.
25 In the case of an apportionment based on summer school
26 attendance or membership pupils, the claim therefor shall be
27 presented as a separate claim for the particular school year
28 in which such summer school session ends. On or before
29 November 1 October 15 of each year the superintendent of each
30 eligible school district shall certify to the State
31 Superintendent of Education regional superintendent the claim
32 of the district for the summer session just ended. Failure
33 on the part of the school board to so certify shall
34 constitute a forfeiture of its right to such payment. The
-20- LRB9107764NTksam01
1 regional superintendent shall certify to the State
2 Superintendent of Education no later than November 1 the
3 regional report of claims for summer school. The State
4 Superintendent of Education shall transmit to the Comptroller
5 no later than December 15th of each year vouchers for payment
6 of amounts due school districts for summer school. The State
7 Superintendent of Education shall direct the Comptroller to
8 draw his warrants for payments thereof by the 30th day of
9 December. If the money appropriated by the General Assembly
10 for such purpose for any year is insufficient, it shall be
11 apportioned on the basis of claims approved.
12 However, notwithstanding the foregoing provisions, for
13 each fiscal year the money appropriated by the General
14 Assembly for the purposes of this Section shall only be used
15 for grants for approved summer school programs for those
16 children with disabilities served pursuant to Sections
17 14-7.02 and 14-7.02a of the School Code.
18 (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)
19 Section 10. The School Free Lunch Program Act is amended
20 by changing Section 8 as follows:
21 (105 ILCS 125/8) (from Ch. 122, par. 712.8)
22 Sec. 8. School boards and welfare centers shall file
23 claims for reimbursement, on forms provided by the State
24 Board of Education, with the Regional Superintendent of
25 Schools, on a monthly basis as prescribed by the State Board
26 of Education.
27 The Regional Superintendent of Schools shall sign and
28 forward to the State Board of Education one copy of each such
29 claim filed with him.
30 (Source: P.A. 87-420.)".