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92nd General Assembly

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Public Act 92-0877

HB1445 Enrolled                                LRB9202643NTsb

    AN ACT relating to 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 14-7.03 as follows:

    (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
    Sec. 14-7.03. Special Education Classes for Children from
Orphanages,  Foster  Family  Homes,  Children's  Homes, or in
State Housing Units.  If a school district maintains  special
education  classes  on  the site of orphanages and children's
homes, or if children from the orphanages, children's  homes,
foster   family   homes,   other  State  agencies,  or  State
residential units for children attend  classes  for  children
with   disabilities   in  which  the  school  district  is  a
participating member of a joint agreement, or if the children
from the orphanages, children's homes, foster  family  homes,
other  State  agencies,  or  State  residential  units attend
classes for the children with disabilities maintained by  the
school district, then reimbursement shall be paid to eligible
districts  in  accordance with the provisions of this Section
by the Comptroller as directed by the State Superintendent of
Education.
    The  amount  of  tuition  for  such  children  shall   be
determined  by  the  actual cost of maintaining such classes,
using the per  capita  cost  formula  set  forth  in  Section
14-7.01,  such  program  and  cost  to be pre-approved by the
State Superintendent of Education.
    On  forms  prepared  by  the  State   Superintendent   of
Education,   the  district  shall  certify  to  the  regional
superintendent the following:
         (1)  The name of the home or State residential  unit
    with  the  name of the owner or proprietor and address of
    those maintaining it;
         (2)  That  no  service  charges  or  other  payments
    authorized  by  law  were  collected  in  lieu  of  taxes
    therefrom or on account  thereof  during  either  of  the
    calendar  years  included  in  the  school year for which
    claim is being made;
         (3)  The number of children  qualifying  under  this
    Act  in  special education classes for instruction on the
    site of the orphanages and children's homes;
         (4)  The  number  of  children   attending   special
    education classes for children with disabilities in which
    the  district  is  a  participating  member  of a special
    education joint agreement;
         (5)  The  number  of  children   attending   special
    education   classes   for   children   with  disabilities
    maintained by the district;
         (6)  The computed amount of tuition payment  claimed
    as  due,  as  approved  by  the  State  Superintendent of
    Education, for maintaining these classes.
    If a school district  makes  a  claim  for  reimbursement
under  Section  18-3 or 18-4 of this Act it shall not include
in any claim filed  under  this  Section  a  claim  for  such
children.   Payments  authorized  by  law, including State or
federal grants for education of  children  included  in  this
Section, shall be deducted in determining the tuition amount.
    Nothing  in this Act shall be construed so as to prohibit
reimbursement for the  tuition  of  children  placed  in  for
profit facilities.  Private facilities shall provide adequate
space  at the facility for special education classes provided
by a school district or joint  agreement  for  children  with
disabilities  who are residents of the facility at no cost to
the school district or joint agreement upon  request  of  the
school  district  or  joint  agreement.   If  such  a private
facility provides space at no cost to the district  or  joint
agreement  for special education classes provided to children
with disabilities who are  residents  of  the  facility,  the
district  or  joint agreement shall not include any costs for
the use of those facilities in its claim for reimbursement.
    Reimbursement  for  tuition  may  include  the  cost   of
providing summer school programs for children with severe and
profound  disabilities  served under this Section. Claims for
that reimbursement shall be filed by November 1 and shall  be
paid  on  or  before December 15 from appropriations made for
the purposes of this Section.
    The State Board of Education shall establish  such  rules
and   regulations  as  may  be  necessary  to  implement  the
provisions of this Section.
    Claims filed on behalf of programs  operated  under  this
Section   housed   in   a   jail,  or  detention  center,  or
county-owned shelter care facility shall be on an  individual
student  basis  only for eligible students with disabilities.
These claims shall be in accordance with applicable rules.
    Each  district  claiming  reimbursement  for  a   program
operated  as a group program shall have an approved budget on
file  with  the  State  Board  of  Education  prior  to   the
initiation  of  the  program's  operation.   On September 30,
December 31, and March 31, the State Board of Education shall
voucher payments to group programs based  upon  the  approved
budget  during the year of operation.  Final claims for group
payments shall be filed on or before July 15.   Final  claims
for  group  programs received at the State Board of Education
on or before June 15 shall be vouchered by  June  30.   Final
claims  received at the State Board of Education between June
16 and July 15 shall be vouchered by August 30.   Claims  for
group programs received after July 15 shall not be honored.
    Each   district  claiming  reimbursement  for  individual
students  shall  have  the  eligibility  of  those   students
verified  by  the State Board of Education.  On September 30,
December 31, and March 31, the State Board of Education shall
voucher  payments  for  individual  students  based  upon  an
estimated cost calculated from the prior year's claim.  Final
claims for individual students for the  regular  school  term
must  be received at the State Board of Education by July 15.
Claims for individual students received after July  15  shall
not be honored. Final claims for individual students shall be
vouchered by August 30.
    Reimbursement  shall  be  made  based upon approved group
programs or individual students.  The State Superintendent of
Education shall direct the Comptroller  to  pay  a  specified
amount  to  the  district  by  the  30th  day  of  September,
December,  March,  June,  or  August, respectively.  However,
notwithstanding any other provisions of this Section  or  the
School  Code, beginning with fiscal year 1994 and each fiscal
year thereafter through  fiscal  year  2002,  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, and the payments required to  eliminate
any  insufficiency for prior fiscal year claims shall be made
before any claims are  paid  for  the  current  fiscal  year.
Notwithstanding  any  other provision of this Section or this
Code, beginning with fiscal year  2003,  total  reimbursement
under  this  Section  in  any  fiscal  year is limited to the
amount appropriated for that purpose for  that  fiscal  year,
and  if  the  amount appropriated for any fiscal year is less
than the amount required for purposes of  this  Section,  the
insufficiency  shall be apportioned pro rata among the school
districts seeking reimbursement.
    The claim of a school district otherwise eligible  to  be
reimbursed  in  accordance  with  Section  14-12.01  for  the
1976-77 school year but for this amendatory Act of 1977 shall
not  be  paid  unless  the  district  ceases to maintain such
classes for one entire school year.
    If a school district's current reimbursement payment  for
the  1977-78  school  year only is less than the prior year's
reimbursement payment owed, the district shall  be  paid  the
amount  of the difference between the payments in addition to
the current reimbursement payment, and  the  amount  so  paid
shall   be   subtracted  from  the  amount  of  prior  year's
reimbursement payment owed to the district.
    Regional superintendents may  operate  special  education
classes  for  children  from orphanages, foster family homes,
children's homes or State housing units  located  within  the
educational  services region upon consent of the school board
otherwise so obligated.  In electing to assume the powers and
duties of a school district in providing and maintaining such
a special education program, the regional superintendent  may
enter  into  joint  agreements  with  other districts and may
contract with public or private  schools  or  the  orphanage,
foster family home, children's home or State housing unit for
provision  of  the  special  education  program. The regional
superintendent  exercising  the  powers  granted  under  this
Section shall claim  the  reimbursement  authorized  by  this
Section directly from the State Board of Education.
    Any child who is not a resident of Illinois who is placed
in  a  child  welfare  institution,  private facility, foster
family home, 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.
    Commencing July 1, 1992, for each disabled student who is
placed residentially by a State agency or the courts for care
or custody or both care  and  custody,  welfare,  medical  or
mental  health  treatment  or  both medical and mental health
treatment, rehabilitation,  and  protection,  whether  placed
there  on,  before,  or  after  July  1,  1992, the costs for
educating the student are eligible  for  reimbursement  under
this  Section  providing  the  placing  agency  or  court has
notified the appropriate school district authorities  of  the
status of student residency where applicable prior to or upon
placement.
    The  district  of  residence  of the parent, guardian, or
disabled student as defined in Sections 14-1.11 and  14-1.11a
is  responsible for the actual costs of the student's special
education program and is  eligible  for  reimbursement  under
this  Section when placement is made by a State agency or the
courts. Payments shall be made by the  resident  district  to
the  district  wherein  the  facility is located no less than
once per quarter unless otherwise agreed to in writing by the
parties.
    When a dispute  arises  over  the  determination  of  the
district  of  residence, the district or districts may appeal
the decision  in  writing  to  the  State  Superintendent  of
Education.   The  decision  of  the  State  Superintendent of
Education shall be final.
    In the event a district does not make a  tuition  payment
to  another  district that is providing the special education
program and services, the  State  Board  of  Education  shall
immediately  withhold  125%  of  the  then  remaining  annual
tuition  cost  from  the State aid or categorical aid payment
due to the school district  that  is  determined  to  be  the
resident  school  district.   All funds withheld by the State
Board of Education shall  immediately  be  forwarded  to  the
school district where the student is being served.
    When  a  child  eligible  for services under this Section
14-7.03 must be placed in a nonpublic facility, that facility
shall meet the programmatic requirements of  Section  14-7.02
and  its  regulations,  and the educational services shall be
funded only in accordance with this Section 14-7.03.
(Source: P.A. 92-597, eff. 7-1-02.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly December 04, 2002.
    Approved January 07, 2003.

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