State of Illinois
92nd General Assembly

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HB5739 Engrossed                               LRB9215326ACcd

 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
HB5739 Engrossed            -2-                LRB9215326ACcd
 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
HB5739 Engrossed            -3-                LRB9215326ACcd
 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        Reimbursement  for  tuition  may  include  the  cost   of
 7    providing summer school programs for children with severe and
 8    profound  disabilities  served under this Section. Claims for
 9    that reimbursement shall be filed by November 1 and shall  be
10    paid  on  or  before December 15 from appropriations made for
11    the purposes of this Section.
12        The State Board of Education shall establish  such  rules
13    and   regulations  as  may  be  necessary  to  implement  the
14    provisions of this Section.
15        Claims filed on behalf of programs  operated  under  this
16    Section  housed  in a jail or detention center shall be on an
17    individual student basis  only  for  eligible  students  with
18    disabilities.   These  claims  shall  be  in  accordance with
19    applicable rules.
20        Each  district  claiming  reimbursement  for  a   program
21    operated  as a group program shall have an approved budget on
22    file  with  the  State  Board  of  Education  prior  to   the
23    initiation  of  the  program's  operation.   On September 30,
24    December 31, and March 31, the State Board of Education shall
25    voucher payments to group programs based  upon  the  approved
26    budget  during the year of operation.  Final claims for group
27    payments shall be filed on or before July 15.   Final  claims
28    for  group  programs received at the State Board of Education
29    on or before June 15 shall be vouchered by  June  30.   Final
30    claims  received at the State Board of Education between June
31    16 and July 15 shall be vouchered by August 30.   Claims  for
32    group programs received after July 15 shall not be honored.
33        Each   district  claiming  reimbursement  for  individual
34    students  shall  have  the  eligibility  of  those   students
HB5739 Engrossed            -4-                LRB9215326ACcd
 1    verified  by  the State Board of Education.  On September 30,
 2    December 31, and March 31, the State Board of Education shall
 3    voucher  payments  for  individual  students  based  upon  an
 4    estimated cost calculated from the prior year's claim.  Final
 5    claims for individual students for the  regular  school  term
 6    must  be received at the State Board of Education by July 15.
 7    Claims for individual students received after July  15  shall
 8    not be honored. Final claims for individual students shall be
 9    vouchered by August 30.
10        Reimbursement  shall  be  made  based upon approved group
11    programs or individual students. The State Superintendent  of
12    Education  shall  direct  the  Comptroller to pay a specified
13    amount  to  the  district  by  the  30th  day  of  September,
14    December, March,  June,  or  August,  respectively.  However,
15    notwithstanding  any  other provisions of this Section or the
16    School Code, beginning with Fiscal Year 1994 and each  fiscal
17    year  thereafter,  if  the amount appropriated for any fiscal
18    year is less than the amount required for  purposes  of  this
19    Section,  the  amount  required to eliminate any insufficient
20    reimbursement for each  district  claim  under  this  Section
21    shall  be  reimbursed  on  August 30 of the next fiscal year.
22    Payments required to eliminate any  insufficiency  for  prior
23    fiscal  year  claims shall be made before any claims are paid
24    for the current fiscal year.
25        The claim of a school district otherwise eligible  to  be
26    reimbursed  in  accordance  with  Section  14-12.01  for  the
27    1976-77 school year but for this amendatory Act of 1977 shall
28    not  be  paid  unless  the  district  ceases to maintain such
29    classes for one entire school year.
30        If a school district's current reimbursement payment  for
31    the  1977-78  school  year only is less than the prior year's
32    reimbursement payment owed, the district shall  be  paid  the
33    amount  of the difference between the payments in addition to
34    the current reimbursement payment, and  the  amount  so  paid
HB5739 Engrossed            -5-                LRB9215326ACcd
 1    shall   be   subtracted  from  the  amount  of  prior  year's
 2    reimbursement payment owed to the district.
 3        Regional superintendents may  operate  special  education
 4    classes  for  children  from orphanages, foster family homes,
 5    children's homes or State housing units  located  within  the
 6    educational  services region upon consent of the school board
 7    otherwise so obligated.  In electing to assume the powers and
 8    duties of a school district in providing and maintaining such
 9    a special education program, the regional superintendent  may
10    enter  into  joint  agreements  with  other districts and may
11    contract with public or private  schools  or  the  orphanage,
12    foster family home, children's home or State housing unit for
13    provision  of  the  special  education  program. The regional
14    superintendent  exercising  the  powers  granted  under  this
15    Section shall claim  the  reimbursement  authorized  by  this
16    Section directly from the State Board of Education.
17        Any child who is not a resident of Illinois who is placed
18    in  a  child  welfare  institution,  private facility, foster
19    family home, State operated program, orphanage or  children's
20    home  shall  have the payment for his educational tuition and
21    any related services assured by the placing agent.
22        Commencing July 1, 1992, for each disabled student who is
23    placed residentially by a State agency or the courts for care
24    or custody or both care  and  custody,  welfare,  medical  or
25    mental  health  treatment  or  both medical and mental health
26    treatment, rehabilitation,  and  protection,  whether  placed
27    there  on,  before,  or  after  July  1,  1992, the costs for
28    educating the student are eligible  for  reimbursement  under
29    this  Section  providing  the  placing  agency  or  court has
30    notified the appropriate school district authorities  of  the
31    status of student residency where applicable prior to or upon
32    placement.
33        The  district  of  residence  of the parent, guardian, or
34    disabled student as defined in Sections 14-1.11 and  14-1.11a
HB5739 Engrossed            -6-                LRB9215326ACcd
 1    is  responsible for the actual costs of the student's special
 2    education program and is  eligible  for  reimbursement  under
 3    this  Section when placement is made by a State agency or the
 4    courts. Payments shall be made by the  resident  district  to
 5    the  district  wherein  the  facility is located no less than
 6    once per quarter unless otherwise agreed to in writing by the
 7    parties.
 8        When a dispute  arises  over  the  determination  of  the
 9    district  of  residence, the district or districts may appeal
10    the decision  in  writing  to  the  State  Superintendent  of
11    Education.   The  decision  of  the  State  Superintendent of
12    Education shall be final.
13        In the event a district does not make a  tuition  payment
14    to  another  district that is providing the special education
15    program and services, the  State  Board  of  Education  shall
16    immediately  withhold  125%  of  the  then  remaining  annual
17    tuition  cost  from  the State aid or categorical aid payment
18    due to the school district  that  is  determined  to  be  the
19    resident  school  district.   All funds withheld by the State
20    Board of Education shall  immediately  be  forwarded  to  the
21    school district where the student is being served.
22        When  a  child  eligible  for services under this Section
23    14-7.03 must be placed in a nonpublic facility, that facility
24    shall meet the programmatic requirements of  Section  14-7.02
25    and  its  regulations,  and the educational services shall be
26    funded  only  in  accordance  with  this   Section   14-7.03.
27    Administrative  expenses  incurred  by  a  responsible school
28    district, as defined by rule, for children whose residence is
29    other than a foster family home  and  who  are  educationally
30    placed   pursuant   to  Section  14-7.02  of  this  Code  are
31    reimbursable  in  accordance  with   this   Section.    These
32    administrative  expenses  must be associated with supervisory
33    and case  coordination  responsibilities  specific  to  these
34    eligible students.
HB5739 Engrossed            -7-                LRB9215326ACcd
 1    (Source: P.A.  89-235,  eff.  8-4-95;  89-397,  eff. 8-20-95;
 2    89-698, eff. 1-14-97;  90-463,  eff.  8-17-97;  90-644,  eff.
 3    7-24-98.)

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

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