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Public Act 92-0094
SB668 Enrolled LRB9207375NTsb
AN ACT relating to schools.
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 18-3 as follows:
(105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
Sec. 18-3. Tuition of children from orphanages and
children's homes.
When the children from any home for orphans, dependent,
abandoned or maladjusted children maintained by any
organization or association admitting to such home children
from the State in general or when children residing in a
school district wherein the State of Illinois maintains and
operates any welfare or penal institution on property owned
by the State of Illinois, which contains houses, housing
units or housing accommodations within a school district,
attend grades kindergarten through 12 of the public schools
maintained by that school district, the State Superintendent
of Education shall direct the State Comptroller to pay a
specified amount sufficient to pay the annual tuition cost of
such children who attended such public schools during the
regular school year ending on June 30 or the summer term for
that school year, and the Comptroller shall pay the amount
after receipt of a voucher submitted by the State
Superintendent of Education.
The amount of the tuition for such children attending the
public schools of the district shall be determined by the
State Superintendent of Education by multiplying the number
of such children in average daily attendance in such schools
by 1.2 times the total annual per capita cost of
administering the schools of the district. Such total annual
per capita cost shall be determined by totaling all expenses
of the school district in the educational, operations and
maintenance, bond and interest, transportation, Illinois
municipal retirement, and rent funds for the school year
preceding the filing of such tuition claims less expenditures
not applicable to the regular K-12 program, less offsetting
revenues from State sources except those from the common
school fund, less offsetting revenues from federal sources
except those from federal impaction aid, less student and
community service revenues, plus a depreciation allowance;
and dividing such total by the average daily attendance for
the year.
Annually on or before June 30 the superintendent of the
district upon forms prepared by the State Superintendent of
Education shall certify to the regional superintendent the
following:
1. The name of the home and of the organization or
association maintaining it; or the legal description of the
real estate upon which the house, housing units, or housing
accommodations are located and that no taxes or service
charges or other payments authorized by law to be made in
lieu of taxes were collected therefrom or on account thereof
during either of the calendar years included in the school
year for which claim is being made;
2. The number of children from the home or living in
such houses, housing units or housing accommodations and
attending the schools of the district;
3. The total number of children attending the schools of
the district;
4. The per capita tuition charge of the district; and
5. The computed amount of the tuition payment claimed as
due.
Whenever the persons in charge of such home for orphans,
dependent, abandoned or maladjusted children have received
from the parent or guardian of any such child or by virtue of
an order of court a specific allowance for educating such
child, such persons shall pay to the school board in the
district where the child attends school such amount of the
allowance as is necessary to pay the tuition required by such
district for the education of the child. If the allowance is
insufficient to pay the tuition in full the State
Superintendent of Education shall direct the Comptroller to
pay to the district the difference between the total tuition
charged and the amount of the allowance.
Whenever the facilities of a school district in which
such house, housing units or housing accommodations are
located, are limited, pupils may be assigned by that district
to the schools of any adjacent district to the limit of the
facilities of the adjacent district to properly educate such
pupils as shall be determined by the school board of the
adjacent district, and the State Superintendent of Education
shall direct the Comptroller to pay a specified amount
sufficient to pay the annual tuition of the children so
assigned to and attending public schools in the adjacent
districts and the Comptroller shall draw his warrant upon the
State Treasurer for the payment of such amount for the
benefit of the adjacent school districts in the same manner
as for districts in which the houses, housing units or
housing accommodations are located.
The school district shall certify to the State
Superintendent of Education the report of claims due for such
tuition payments on or before July 31. Failure on the part of
the school board to certify its claim on July 31 shall
constitute a forfeiture by the district of its right to the
payment of any such tuition claim for the school year just
ended. The State Superintendent of Education shall direct
the Comptroller to pay to the district, on or before August
15, the amount due the district for the school year in
accordance with the calculation of the claim as set forth in
this Section.
Claims for tuition for children from any home for orphans
or dependent, abandoned, or maladjusted children beginning
with the 1993-1994 school year shall be paid on a current
year basis. On September 30, December 31, and March 31, the
State Board of Education shall voucher payments for districts
with those students based on an estimated cost calculated
from the prior year's claim. Final claims for those students
for the regular school term and summer term must be received
at the State Board of Education by July 31 following the end
of the regular school year. Final claims for those students
shall be vouchered by August 15. During fiscal year 1994
both the 1992-1993 school year and the 1993-1994 school year
shall be paid in order to change the cycle of payment from a
reimbursement basis to a current year funding basis of
payment. However, notwithstanding any other provisions of
this Section or the School Code, beginning with fiscal year
1994 and each fiscal year thereafter, if the amount
appropriated for any fiscal year is less than the amount
required for purposes of this Section, the amount required to
eliminate any insufficient reimbursement for each district
claim under this Section shall be reimbursed on August 30 of
the next fiscal year. Payments required to eliminate any
insufficiency for prior fiscal year claims shall be made
before any claims are paid for the current fiscal year.
If a school district makes a claim for reimbursement
under Section 18-4 or 14-7.03 it shall not include in any
claim filed under this Section children residing on the
property of State institutions included in its claim under
Section 18-4 or 14-7.03.
Any child who is not a resident of Illinois who is placed
in a child welfare institution, private facility, State
operated program, orphanage or children's home shall have the
payment for his educational tuition and any related services
assured by the placing agent.
In order to provide services appropriate to allow a
student under the legal guardianship or custodianship of the
State to participate in local school district educational
programs, costs may be incurred in appropriate cases by the
district that are in excess of 1.2 times the district per
capita tuition charge allowed under the provisions of this
Section. In the event such excess costs are incurred, they
must be documented in accordance with cost rules established
under the authority of this Section and may then be claimed
for reimbursement under this Section.
Planned services for students eligible for this funding
must be a collaborative effort between the appropriate State
agency or the student's group home or institution and the
local school district.
(Source: P.A. 90-463, eff. 8-17-97; 90-644, eff. 7-24-98;
91-764, eff. 6-9-00.)
Passed in the General Assembly April 19, 2001.
Approved July 18, 2001.
Effective January 01, 2002.
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