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| [ Engrossed ] | [ House Amendment 001 ] |
92_HB0935
LRB9204980NTsb
1 AN ACT relating to education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Section 14-7.03 as follows:
6 (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
7 Sec. 14-7.03. Special Education Classes for Children from
8 Orphanages, Foster Family Homes, Children's Homes, or in
9 State Housing Units. If a school district maintains special
10 education classes on the site of orphanages and children's
11 homes, or if children from the orphanages, children's homes,
12 foster family homes, other State agencies, or State
13 residential units for children attend classes for children
14 with disabilities in which the school district is a
15 participating member of a joint agreement, or if the children
16 from the orphanages, children's homes, foster family homes,
17 other State agencies, or State residential units attend
18 classes for the children with disabilities maintained by the
19 school district, then reimbursement shall be paid to eligible
20 districts in accordance with the provisions of this Section
21 by the Comptroller as directed by the State Superintendent of
22 Education.
23 The amount of tuition for such children shall be
24 determined by the actual cost of maintaining such classes,
25 using the per capita cost formula set forth in Section
26 14-7.01, such program and cost to be pre-approved by the
27 State Superintendent of Education.
28 On forms prepared by the State Superintendent of
29 Education, the district shall certify to the regional
30 superintendent the following:
31 (1) The name of the home or State residential unit
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1 with the name of the owner or proprietor and address of
2 those maintaining it;
3 (2) That no service charges or other payments
4 authorized by law were collected in lieu of taxes
5 therefrom or on account thereof during either of the
6 calendar years included in the school year for which
7 claim is being made;
8 (3) The number of children qualifying under this
9 Act in special education classes for instruction on the
10 site of the orphanages and children's homes;
11 (4) The number of children attending special
12 education classes for children with disabilities in which
13 the district is a participating member of a special
14 education joint agreement;
15 (5) The number of children attending special
16 education classes for children with disabilities
17 maintained by the district;
18 (6) The computed amount of tuition payment claimed
19 as due, as approved by the State Superintendent of
20 Education, for maintaining these classes.
21 If a school district makes a claim for reimbursement
22 under Section 18-3 or 18-4 of this Act it shall not include
23 in any claim filed under this Section a claim for such
24 children. Payments authorized by law, including State or
25 federal grants for education of children included in this
26 Section, shall be deducted in determining the tuition amount.
27 Nothing in this Act shall be construed so as to prohibit
28 reimbursement for the tuition of children placed in for
29 profit facilities. Private facilities shall provide adequate
30 space at the facility for special education classes provided
31 by a school district or joint agreement for children with
32 disabilities who are residents of the facility at no cost to
33 the school district or joint agreement upon request of the
34 school district or joint agreement. If such a private
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1 facility provides space at no cost to the district or joint
2 agreement for special education classes provided to children
3 with disabilities who are residents of the facility, the
4 district or joint agreement shall not include any costs for
5 the use of those facilities in its claim for reimbursement.
6 A school district that has administrative
7 responsibilities for children who are wards of the State and
8 who are placed in private residential facilities may also
9 claim administrative expenses incurred by the district for
10 these children.
11 Reimbursement for tuition may include the cost of
12 providing summer school programs for children with severe and
13 profound disabilities served under this Section. Claims for
14 that reimbursement shall be filed by November 1 and shall be
15 paid on or before December 15 from appropriations made for
16 the purposes of this Section.
17 The State Board of Education shall establish such rules
18 and regulations as may be necessary to implement the
19 provisions of this Section.
20 Claims filed on behalf of programs operated under this
21 Section housed in a jail or detention center shall be on an
22 individual student basis only for eligible students with
23 disabilities. These claims shall be in accordance with
24 applicable rules.
25 Each district claiming reimbursement for a program
26 operated as a group program shall have an approved budget on
27 file with the State Board of Education prior to the
28 initiation of the program's operation. On September 30,
29 December 31, and March 31, the State Board of Education shall
30 voucher payments to group programs based upon the approved
31 budget during the year of operation. Final claims for group
32 payments shall be filed on or before July 15. Final claims
33 for group programs received at the State Board of Education
34 on or before June 15 shall be vouchered by June 30. Final
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1 claims received at the State Board of Education between June
2 16 and July 15 shall be vouchered by August 30. Claims for
3 group programs received after July 15 shall not be honored.
4 Each district claiming reimbursement for individual
5 students shall have the eligibility of those students
6 verified by the State Board of Education. On September 30,
7 December 31, and March 31, the State Board of Education shall
8 voucher payments for individual students based upon an
9 estimated cost calculated from the prior year's claim. Final
10 claims for individual students for the regular school term
11 must be received at the State Board of Education by July 15.
12 Claims for individual students received after July 15 shall
13 not be honored. Final claims for individual students shall be
14 vouchered by August 30.
15 Reimbursement shall be made based upon approved group
16 programs or individual students. The State Superintendent of
17 Education shall direct the Comptroller to pay a specified
18 amount to the district by the 30th day of September,
19 December, March, June, or August, respectively. However,
20 notwithstanding any other provisions of this Section or the
21 School Code, beginning with Fiscal Year 1994 and each fiscal
22 year thereafter, if the amount appropriated for any fiscal
23 year is less than the amount required for purposes of this
24 Section, the amount required to eliminate any insufficient
25 reimbursement for each district claim under this Section
26 shall be reimbursed on August 30 of the next fiscal year.
27 Payments required to eliminate any insufficiency for prior
28 fiscal year claims shall be made before any claims are paid
29 for the current fiscal year.
30 The claim of a school district otherwise eligible to be
31 reimbursed in accordance with Section 14-12.01 for the
32 1976-77 school year but for this amendatory Act of 1977 shall
33 not be paid unless the district ceases to maintain such
34 classes for one entire school year.
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1 If a school district's current reimbursement payment for
2 the 1977-78 school year only is less than the prior year's
3 reimbursement payment owed, the district shall be paid the
4 amount of the difference between the payments in addition to
5 the current reimbursement payment, and the amount so paid
6 shall be subtracted from the amount of prior year's
7 reimbursement payment owed to the district.
8 Regional superintendents may operate special education
9 classes for children from orphanages, foster family homes,
10 children's homes or State housing units located within the
11 educational services region upon consent of the school board
12 otherwise so obligated. In electing to assume the powers and
13 duties of a school district in providing and maintaining such
14 a special education program, the regional superintendent may
15 enter into joint agreements with other districts and may
16 contract with public or private schools or the orphanage,
17 foster family home, children's home or State housing unit for
18 provision of the special education program. The regional
19 superintendent exercising the powers granted under this
20 Section shall claim the reimbursement authorized by this
21 Section directly from the State Board of Education.
22 Any child who is not a resident of Illinois who is placed
23 in a child welfare institution, private facility, foster
24 family home, State operated program, orphanage or children's
25 home shall have the payment for his educational tuition and
26 any related services assured by the placing agent.
27 Commencing July 1, 1992, for each disabled student who is
28 placed residentially by a State agency or the courts for care
29 or custody or both care and custody, welfare, medical or
30 mental health treatment or both medical and mental health
31 treatment, rehabilitation, and protection, whether placed
32 there on, before, or after July 1, 1992, the costs for
33 educating the student are eligible for reimbursement under
34 this Section providing the placing agency or court has
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1 notified the appropriate school district authorities of the
2 status of student residency where applicable prior to or upon
3 placement.
4 The district of residence of the parent, guardian, or
5 disabled student as defined in Sections 14-1.11 and 14-1.11a
6 is responsible for the actual costs of the student's special
7 education program and is eligible for reimbursement under
8 this Section when placement is made by a State agency or the
9 courts. Payments shall be made by the resident district to
10 the district wherein the facility is located no less than
11 once per quarter unless otherwise agreed to in writing by the
12 parties.
13 When a dispute arises over the determination of the
14 district of residence, the district or districts may appeal
15 the decision in writing to the State Superintendent of
16 Education. The decision of the State Superintendent of
17 Education shall be final.
18 In the event a district does not make a tuition payment
19 to another district that is providing the special education
20 program and services, the State Board of Education shall
21 immediately withhold 125% of the then remaining annual
22 tuition cost from the State aid or categorical aid payment
23 due to the school district that is determined to be the
24 resident school district. All funds withheld by the State
25 Board of Education shall immediately be forwarded to the
26 school district where the student is being served.
27 When a child eligible for services under this Section
28 14-7.03 must be placed in a nonpublic facility, that facility
29 shall meet the programmatic requirements of Section 14-7.02
30 and its regulations, and the educational services shall be
31 funded only in accordance with this Section 14-7.03.
32 (Source: P.A. 89-235, eff. 8-4-95; 89-397, eff. 8-20-95;
33 89-698, eff. 1-14-97; 90-463, eff. 8-17-97; 90-644, eff.
34 7-24-98.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.