Illinois General Assembly - Full Text of Public Act 095-0415
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Public Act 095-0415


 

Public Act 0415 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0415
 
SB0397 Enrolled LRB095 07289 NHT 27428 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 Sections
14-13.01 and 28-21 as follows:
 
    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
    Sec. 14-13.01. Reimbursement payable by State; Amounts.
Reimbursement for furnishing special educational facilities in
a recognized school to the type of children defined in Section
14-1.02 shall be paid to the school districts in accordance
with Section 14-12.01 for each school year ending June 30 by
the State Comptroller out of any money in the treasury
appropriated for such purposes on the presentation of vouchers
by the State Board of Education.
    The reimbursement shall be limited to funds expended for
construction and maintenance of special education facilities
designed and utilized to house instructional programs,
diagnostic services, other special education services for
children with disabilities and reimbursement as provided in
Section 14-13.01. There shall be no reimbursement for
construction and maintenance of any administrative facility
separated from special education facilities designed and
utilized to house instructional programs, diagnostic services
and other special education services for children with
disabilities.
    (a) For children who have not been identified as eligible
for special education and for eligible children with physical
disabilities, including all eligible children whose placement
has been determined under Section 14-8.02 in hospital or home
instruction, 1/2 of the teacher's salary but not more than
$1,000 annually per child or $8,000 per teacher for the
1985-1986 school year and thereafter, whichever is less.
Children to be included in any reimbursement under this
paragraph must regularly receive a minimum of one hour of
instruction each school day, or in lieu thereof of a minimum of
5 hours of instruction in each school week in order to qualify
for full reimbursement under this Section. If the attending
physician for such a child has certified that the child should
not receive as many as 5 hours of instruction in a school week,
however, reimbursement under this paragraph on account of that
child shall be computed proportionate to the actual hours of
instruction per week for that child divided by 5.
    (b) For children described in Section 14-1.02, 4/5 of the
cost of transportation for each such child, whom the State
Superintendent of Education determined in advance requires
special transportation service in order to take advantage of
special educational facilities. Transportation costs shall be
determined in the same fashion as provided in Section 29-5. For
purposes of this subsection (b), the dates for processing
claims specified in Section 29-5 shall apply.
    (c) For each professional worker excluding those included
in subparagraphs (a), (d), (e), and (f) of this Section, the
annual sum of $8,000 for the 1985-1986 school year and
thereafter.
    (d) For one full time qualified director of the special
education program of each school district which maintains a
fully approved program of special education the annual sum of
$8,000 for the 1985-1986 school year and thereafter. Districts
participating in a joint agreement special education program
shall not receive such reimbursement if reimbursement is made
for a director of the joint agreement program.
    (e) For each school psychologist as defined in Section
14-1.09 the annual sum of $8,000 for the 1985-1986 school year
and thereafter.
    (f) For each qualified teacher working in a fully approved
program for children of preschool age who are deaf or
hard-of-hearing the annual sum of $8,000 for the 1985-1986
school year and thereafter.
    (g) For readers, working with blind or partially seeing
children 1/2 of their salary but not more than $400 annually
per child. Readers may be employed to assist such children and
shall not be required to be certified but prior to employment
shall meet standards set up by the State Board of Education.
    (h) For necessary non-certified employees working in any
class or program for children defined in this Article, 1/2 of
the salary paid or $2,800 annually per employee, whichever is
less.
    The State Board of Education shall set standards and
prescribe rules for determining the allocation of
reimbursement under this section on less than a full time basis
and for less than a school year.
    When any school district eligible for reimbursement under
this Section operates a school or program approved by the State
Superintendent of Education for a number of days in excess of
the adopted school calendar but not to exceed 235 school days,
such reimbursement shall be increased by 1/180 1/185 of the
amount or rate paid hereunder for each day such school is
operated in excess of 180 185 days per calendar year.
    Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
all or a portion of the funds that it receives in a particular
fiscal year or from general State aid pursuant to Section
18-8.05 of this Code as funds received in connection with any
funding program for which it is entitled to receive funds from
the State in that fiscal year (including, without limitation,
any funding program referenced in this Section), regardless of
the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the
funding program than the district is entitled to receive in
that fiscal year for that program. Any classification by a
district must be made by a resolution of its board of
education. The resolution must identify the amount of any
payments or general State aid to be classified under this
paragraph and must specify the funding program to which the
funds are to be treated as received in connection therewith.
This resolution is controlling as to the classification of
funds referenced therein. A certified copy of the resolution
must be sent to the State Superintendent of Education. The
resolution shall still take effect even though a copy of the
resolution has not been sent to the State Superintendent of
Education in a timely manner. No classification under this
paragraph by a district shall affect the total amount or timing
of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall in
any way relieve the district from or affect any requirements
that otherwise would apply with respect to that funding
program, including any accounting of funds by source, reporting
expenditures by original source and purpose, reporting
requirements, or requirements of providing services.
(Source: P.A. 92-568, eff. 6-26-02; 93-1022, eff. 8-24-04.)
 
    (105 ILCS 5/28-21)  (from Ch. 122, par. 28-21)
    Sec. 28-21. The State Board of Education shall require each
publisher of any printed textbook that is listed for use by the
State Board of Education under this Article or that is
furnished at public expense under Sections 28-14 through 28-19
and is first published after July 19, 2006 or that is provided
by loan free of charge to any student under Section 18-17 to
furnish, as provided in this Section, an accessible electronic
file set of contracted print material to the National
Instructional Materials Access Center, which shall then be
available to the State Board of Education or its authorized
user for the purpose of conversion to an accessible format for
use by a child with a print disability and for distribution to
local education agencies. An "accessible electronic file"
means a file that conforms to specifications of the national
file format adopted by the United States Department of
Education. Other terms used in this Section shall be construed
in compliance with the federal Individuals with Disabilities
Education Act and related regulations. : (i) computer diskettes
for literary subjects in the American Standard Code for
Information Interchange (ASCII) from which Braille versions of
the textbook can be produced, and (ii) a copy of the textbook
for those literary subjects with copyright permission to
duplicate into Braille, large print, or tape. The copy of the
textbook with copyright permission shall be furnished by the
publisher to the State Board of Education within 15 days after
the publisher receives the request of the State Board of
Education for that material. The computer diskettes for
literary subjects in ASCII from which Braille versions of the
textbook can be produced shall be furnished by the publisher to
the State Board of Education or its designee or designees, for
those students identified as Braille readers, within 90 days
after the publisher receives the request of the State Board of
Education for those computer diskettes. Each publisher of any
such textbook shall also be required to furnish to the State
Board of Education or its designee or designees, for those
students identified as Braille readers, computer diskettes in
ASCII for nonliterary subjects, including natural sciences,
computer science, mathematics, and music, when Braille
specialty code translation software is available.
(Source: P.A. 87-1071.)
 
    Section 99. Effective date. This Act takes effect July 1,
2007.

Effective Date: 8/24/2007