Public Act 095-0938
 
HB1141 Enrolled LRB095 07590 NHT 27740 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
21-29 as follows:
 
    (105 ILCS 5/21-29)
    Sec. 21-29. Salary Incentive Program for Hard-to-Staff
Schools.
    (a) The Salary Incentive Program for Hard-to-Staff Schools
is established to provide categorical funding for monetary
incentives and bonuses for teachers and school administrators
who are employed by school districts in schools designated as
hard-to-staff by the State Board of Education.
    For the purposes of this Section, "hard-to-staff school"
means an elementary, middle, or high school that is operated by
a school district and that ranks in the top 5% of schools in
this State in the average rate of teacher attrition over a
5-year period. The State Board of Education shall allocate and
distribute to qualifying schools school districts an amount as
annually appropriated by the General Assembly for the Salary
Incentive Program for Hard-to-Staff Schools. The State Board of
Education's annual budget must set out by separate line item
the appropriation for the program. Only teachers and principals
who work full time and for a full school year are eligible for
the incentives and bonuses.
    (b) Unless otherwise provided by appropriation, each
school's school district's annual allocation under the Salary
Incentive Program for Hard-to-Staff Schools shall be the sum of
the following incentives and bonuses:
        (1) An annual payment of $3,000 to be paid to each
    certificated teacher employed as a school teacher by the a
    school district. The school district shall distribute this
    payment to each eligible teacher as a single payment or in
    not more than 3 payments.
        (2) An annual payment of $5,000 to each certificated
    principal that is employed as a school principal by the a
    school district. The school district shall distribute this
    payment to each eligible principal as a single payment or
    in not more than 3 payments.
    If the appropriation in a given fiscal year is insufficient
to meet all needs under this Section, then claims under this
Section must be prorated proportionally.
    (c) Each regional superintendent of schools shall provide
information about the Salary Incentive Program for
Hard-to-Staff Schools to each individual seeking to register or
renew a certificate.
    (d) The State Board of Education, the Teachers' Retirement
System of the State of Illinois, and the Public School
Teachers' Pension and Retirement Fund of Chicago shall work
together to validate data for the purposes of this Section as
necessary.
(Source: P.A. 95-707, eff. 1-11-08.)
 
    Section 10. If and only if Senate Bill 2042 of the 95th
General Assembly becomes law, the School Code is amended by
changing Sections 10-20.12a and 14-7.05 as follows:
 
    (105 ILCS 5/10-20.12a)  (from Ch. 122, par. 10-20.12a)
    Sec. 10-20.12a. Tuition for non-resident pupils.
    (a) To charge non-resident pupils who attend the schools of
the district tuition in an amount not exceeding 110% of the per
capita cost of maintaining the schools of the district for the
preceding school year.
    Such per capita cost shall be computed by dividing the
total cost of conducting and maintaining the schools of the
district by the average daily attendance, including tuition
pupils. Depreciation on the buildings and equipment of the
schools of the district, and the amount of annual depreciation
on such buildings and equipment shall be dependent upon the
useful life of such property.
    The tuition charged shall in no case exceed 110% of the per
capita cost of conducting and maintaining the schools of the
district attended, as determined with reference to the most
recent audit prepared under Section 3-7 which is available at
the commencement of the current school year. Non-resident
pupils attending the schools of the district for less than the
school term shall have their tuition apportioned, however
pupils who become non-resident during a school term shall not
be charged tuition for the remainder of the school term in
which they became non-resident pupils.
    (b) Unless otherwise agreed to by the parties involved and
where the educational services are not otherwise provided for,
educational services for an Illinois student under the age of
21 (and not eligible for services pursuant to Article 14 of
this Code) in any residential program shall be provided by the
district in which the facility is located and financed as
follows. The cost of educational services shall be paid by the
district in which the student resides in an amount equal to the
cost of providing educational services in the residential
facility. Payments shall be made by the district of the
student's residence and shall be made to the district wherein
the facility is located no less than once per month unless
otherwise agreed to by the parties.
    The funding provision of this subsection (b) applies to all
Illinois students under the age of 21 (and not eligible for
services pursuant to Article 14 of this Code) receiving
educational services in residential facilities, irrespective
of whether the student was placed therein pursuant to this Code
or the Juvenile Court Act of 1987 or by an Illinois public
agency or a court. Nothing in this Section shall be construed
to relieve the district of the student's residence of financial
responsibility based on the manner in which the student was
placed at the facility. The changes to this subsection (b) made
by this amendatory Act of the 95th General Assembly apply to
all placements in effect on July 1, 2007 and all placements
thereafter. For purposes of this subsection (b), a student's
district of residence shall be determined in accordance with
subsection (a) of Section 10-20.12b of this Code. The placement
of a student in a residential facility shall not affect the
residency of the student. When a dispute arises over the
determination of the district of residence under this
subsection (b), any person or entity, including without
limitation a school district or residential facility, may make
a written request for a residency decision to the State
Superintendent of Education, who, upon review of materials
submitted and any other items or information he or she may
request for submission, shall issue his or her decision in
writing. The decision of the State Superintendent of Education
is final.
(Source: P.A. 89-397, eff. 8-20-95; 90-649, eff. 7-24-98;
95SB2042enr.)
 
    (105 ILCS 5/14-7.05)
    Sec. 14-7.05. Placement in residential facility; payment
of educational costs. For any student with a disability in a
residential facility placement made or paid for by an Illinois
public State agency or made by any court in this State, the
school district of residence as determined pursuant to this
Article is responsible for the costs of educating the child and
shall be reimbursed for those costs in accordance with this
Code. Subject to this Section and relevant State appropriation,
the resident district's financial responsibility and
reimbursement must be calculated in accordance with the
provisions of Section 14-7.02 of this Code. In those instances
in which a district receives a block grant pursuant to Article
1D of this Code, the district's financial responsibility is
limited to the actual educational costs of the placement, which
must be paid by the district from its block grant
appropriation. Resident district financial responsibility and
reimbursement applies for both residential facilities that are
approved by the State Board of Education and non-approved
facilities, subject to the requirements of this Section. The
Illinois placing agency or court remains responsible for
funding the residential portion of the placement and for
notifying the resident district prior to the placement, except
in emergency situations. The residential facility in which the
student is placed shall notify the resident district of the
student's enrollment as soon as practicable after the
placement. Failure of the placing agency or court to notify the
resident district prior to the placement does not absolve the
resident district of financial responsibility for the
educational costs of the placement; however, the resident
district shall not become financially responsible unless and
until it receives written notice of the placement by either the
placing agency, court, or residential facility. The placing
agency or parent shall request an individualized education
program (IEP) meeting from the resident district if the
placement would entail additional educational services beyond
the student's current IEP. The district of residence shall
retain control of the IEP process, and any changes to the IEP
must be done in compliance with the federal Individuals with
Disabilities Education Act.
    Payments shall be made by the resident district to the
entity providing the educational services, whether the entity
is the residential facility or the school district wherein the
facility is located, no less than once per quarter unless
otherwise agreed to in writing by the parties.
    A residential facility providing educational services
within the facility, but not approved by the State Board of
Education, is required to demonstrate proof to the State Board
of (i) appropriate certification of teachers for the student
population, (ii) age-appropriate curriculum, (iii) enrollment
and attendance data, and (iv) the ability to implement the
child's IEP. A school district is under no obligation to pay
such a residential facility unless and until such proof is
provided to the State Board's satisfaction.
    When a dispute arises over the determination of the
district of residence under this Section, any person or entity,
including without limitation a school district or residential
facility, may make a written request for a residency decision
to the State Superintendent of Education, who, upon review of
materials submitted and any other items of information he or
she may request for submission, shall issue his or her decision
in writing. The decision of the State Superintendent of
Education is final.
(Source: 95SB2042enr.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law, except that Section 10 takes effect upon becoming
law or on the effective date of Senate Bill 2042 of the 95th
General Assembly, whichever is later.