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Public Act 095-0705
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| HB4148 Enrolled |
LRB095 13944 RAS 39734 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
14-7.02b as follows:
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(105 ILCS 5/14-7.02b)
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Sec. 14-7.02b. Funding for children requiring special |
education services.
Payments to school districts for children |
requiring
special education services documented in their |
individualized education
program regardless of the program |
from which these services are received,
excluding children |
claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
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be made in accordance with this Section. Funds received under |
this Section
may be used only for the provision of special |
educational facilities and
services as defined in Section |
14-1.08 of this Code.
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The appropriation for fiscal year 2005 and thereafter shall |
be based upon
the IDEA child count of all students in the |
State, excluding students
claimed under Sections 14-7.02 and |
14-7.03 of this Code, on December 1 of the
fiscal year 2
years
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preceding, multiplied by 17.5% of the general State aid
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foundation level of support established for that fiscal year |
under Section
18-8.05 of
this Code.
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Beginning with fiscal year 2005 and through fiscal year |
2007, individual school districts
shall not receive payments |
under this Section totaling less than they received
under the
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funding authorized under Section 14-7.02a of this Code
during |
fiscal year 2004, pursuant to the provisions of Section |
14-7.02a as they
were in effect before the effective date of |
this amendatory Act of the 93rd
General Assembly. This base |
level funding shall be computed first.
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Beginning with fiscal year 2008 and each fiscal year |
thereafter, individual school districts must not receive |
payments under this Section totaling less than they received in |
fiscal year 2007. This funding shall be computed last and shall |
be a separate calculation from any other calculation set forth |
in this Section. This amount is exempt from the requirements of |
Section 1D-1 of this Code.
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An amount equal to 85% of the funds remaining in the |
appropriation, after subtracting any base level funding for |
that fiscal year, shall be allocated to school districts based |
upon the
district's average daily attendance reported for |
purposes of Section
18-8.05 of this Code for the preceding |
school year. Fifteen percent of the
funds
remaining in the |
appropriation, after subtracting any base level funding for |
that fiscal year,
shall be allocated to school districts based |
upon the district's low income
eligible pupil count used in the |
calculation of general State aid under Section
18-8.05 of this |
Code for the same fiscal year. One hundred percent of the
funds
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computed and allocated to districts under this Section shall be |
distributed and
paid to school districts.
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For individual
students with disabilities whose program |
costs exceed 4 times the
district's per capita tuition rate
as |
calculated under Section 10-20.12a of this Code, the costs in |
excess
of 4 times the district's per capita tuition rate shall |
be paid by the State
Board of Education from unexpended IDEA |
discretionary funds originally
designated for room and board |
reimbursement pursuant to Section
14-8.01 of this Code. The |
amount of tuition for these children shall be
determined by the |
actual cost of maintaining classes for these children,
using |
the per
capita cost formula set forth in Section 14-7.01 of |
this Code, with the
program and cost being pre-approved by the |
State Superintendent of
Education. Reimbursement for |
individual students with disabilities whose program costs |
exceed 4 times the district's per capita tuition rate shall be |
claimed beginning with costs encumbered for the 2004-2005 |
school year and thereafter.
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The State Board of Education shall prepare vouchers equal |
to one-fourth the
amount allocated to districts, for |
transmittal
to the State Comptroller on the 30th day of |
September, December, and March,
respectively, and the final |
voucher, no later than June 20. The Comptroller
shall make |
payments pursuant to this Section to school districts as soon |
as possible after receipt of vouchers. If the money
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appropriated from the General Assembly for such purposes for |
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any year is
insufficient, it shall be apportioned on the basis |
of the payments due to
school districts.
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Nothing in this Section shall be construed to decrease or |
increase the
percentage of all special education funds that are |
allocated annually
under Article 1D of this Code
or to alter |
the requirement that a
school district provide special |
education services.
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Nothing in this amendatory Act of the 93rd General Assembly |
shall
eliminate any reimbursement obligation owed as of the |
effective date of this
amendatory Act of the 93rd General |
Assembly to a school district with in excess
of 500,000 |
inhabitants.
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(Source: P.A. 93-1022, eff. 8-24-04.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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