Public Act 102-0254
 
HB0041 EnrolledLRB102 03862 CMG 13876 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 
14-7.02 and 14-7.05 as follows:
 



    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)


    Sec. 14-7.02. Children attending private schools, public

out-of-state schools, public school residential facilities or 
private
special education facilities.  The General Assembly 
recognizes that non-public
schools or special education 
facilities provide an important service in the
educational 
system in Illinois.

    If because of his or her disability the special education

program of a district is unable to meet the needs of a child 
and the
child attends a non-public school or special education 
facility, a
public out-of-state school or a special education 
facility owned and
operated by a county government unit that 
provides special educational
services required by the child 
and is in compliance with the appropriate
rules and 
regulations of the State Superintendent of Education, the

school district in which the child is a resident shall pay the 
actual
cost of tuition for special education and related 
services provided
during the regular school term and during 
the summer school term if the
child's educational needs so 
require, excluding room, board and
transportation costs 
charged the child by that non-public school or
special 
education facility, public out-of-state school or county 
special
education facility, or $4,500 per year, whichever is 
less, and shall
provide him any necessary transportation.  
"Nonpublic special
education facility" shall include a 
residential facility,
within or without the State of Illinois, 
which provides
special education and related services to meet 
the needs of the child by
utilizing private schools or public 
schools, whether located on the site
or off the site of the 
residential facility.

    Prior to the placement of a child in an out-of-state 
special education residential facility, the school district 
must refer to the child or the child's parent or guardian the 
option to place the child in a special education residential 
facility located within this State, if any, that provides 
treatment and services comparable to those provided by the 
out-of-state special education residential facility. The 
school district must review annually the placement of a child 
in an out-of-state special education residential facility. As 
a part of the review, the school district must refer to the 
child or the child's parent or guardian the option to place the 
child in a comparable special education residential facility 
located within this State, if any.
    The State Board of Education shall promulgate rules and 
regulations
for determining when placement in a private 
special education facility
is appropriate.  Such rules and 
regulations shall take into account
the various types of 
services needed by a child and the availability
of such 
services to the particular child in the public school.
In 
developing these rules and regulations the State Board of

Education shall consult with the Advisory Council on
Education 
of Children with Disabilities and hold public
hearings to 
secure recommendations from parents, school personnel,
and 
others concerned about this matter.

    The State Board of Education shall also promulgate rules 
and
regulations for transportation to and from a residential 
school.
Transportation to and from home to a residential 
school more than once
each school term shall be subject to 
prior approval by the State
Superintendent in accordance with 
the rules and regulations of the State
Board.

    A school district making tuition payments pursuant to this

Section is eligible for reimbursement from the State for the 
amount of
such payments actually made in excess of the 
district per capita tuition
charge for students not receiving 
special education services.
Such reimbursement shall be 
approved in accordance with Section 14-12.01
and each district 
shall file its claims, computed in accordance with rules

prescribed by the State Board of Education, on forms 
prescribed by the
State Superintendent of Education.  Data used 
as a basis of reimbursement
claims shall be for the preceding 
regular school term and summer school
term.  Each school 
district shall transmit its claims to the State Board of 
Education
on or before
August 15.  The State Board of 
Education, before approving any such claims,
shall determine 
their accuracy and whether they are based upon services
and 
facilities provided under approved programs.  Upon approval the 
State
Board shall cause vouchers to be prepared showing the 
amount due
for payment of reimbursement claims to school

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. If the
money 
appropriated by the General Assembly for such purpose for any 
year
is insufficient, it shall be apportioned on the basis of 
the claims approved.

    No child shall be placed in a special education program 
pursuant to
this Section if the tuition cost for special 
education and related
services increases more than 10 percent 
over the tuition cost for the
previous school year or exceeds 
$4,500 per year unless such costs have
been approved by the 
Illinois Purchased Care  Review Board.  The
Illinois Purchased 
Care Review Board shall consist of the following
persons, or 
their designees:  the Directors of Children and Family

Services, Public Health,
Public Aid, and the
Governor's Office 
of Management and Budget; the
Secretary of Human Services; the 
State Superintendent of Education; and such
other persons as 
the
Governor may  designate. The Review Board shall also 
consist of one non-voting member who is an administrator of a

private, nonpublic, special education school.  The Review Board 
shall establish rules and
regulations for its determination of 
allowable costs and payments made by
local school districts 
for special education, room and board, and other related

services provided by non-public schools or special education 
facilities and
shall establish uniform standards and criteria 
which it shall follow. The Review Board shall approve the 
usual and customary rate or rates of a special education 
program that (i) is offered by an out-of-state, non-public 
provider of integrated autism specific educational and autism 
specific residential services, (ii) offers 2 or more levels of 
residential care, including at least one locked facility, and 
(iii) serves 12 or fewer Illinois students. 
    In determining rates based on allowable costs, the Review 
Board shall consider any wage increases awarded by the General 
Assembly to front line personnel defined as direct support 
persons, aides, front-line supervisors, qualified intellectual 
disabilities professionals, nurses, and non-administrative 
support staff working in service settings in community-based 
settings within the State and adjust customary rates or rates 
of a special education program to be equitable to the wage 
increase awarded to similar staff positions in a community 
residential setting. Any wage increase awarded by the General 
Assembly to front line personnel defined as direct support 
persons, aides, front-line supervisors, qualified intellectual 
disabilities professionals, nurses, and non-administrative 
support staff working in community-based settings within the 
State, including the $0.75 per hour increase contained in 
Public Act 100-23 and the $0.50 per hour increase included in 
Public Act 100-23, shall also be a basis for any facility 
covered by this Section to appeal its rate before the Review 
Board under the process defined in Title 89, Part 900, Section 
340 of the Illinois Administrative Code. Illinois 
Administrative Code Title 89, Part 900, Section 342 shall be 
updated to recognize wage increases awarded to community-based 
settings to be a basis for appeal. However, any wage increase 
that is captured upon appeal from a previous year shall not be 
counted by the Review Board as revenue for the purpose of 
calculating a facility's future rate.
    Any definition used by the Review Board in administrative 
rule or policy to define "related organizations" shall include 
any and all exceptions contained in federal law or regulation 
as it pertains to the federal definition of "related 
organizations". 

    The Review Board shall establish uniform definitions and 
criteria for
accounting separately by special education, room 
and board and other
related services costs.  The Board shall 
also establish guidelines for
the coordination of services and 
financial assistance provided by all
State agencies to assure 
that no otherwise qualified child with a disability
receiving 
services under Article 14 shall be excluded from participation

in, be denied the benefits of or be subjected to 
discrimination under
any program or activity provided by any 
State agency.

    The Review Board shall review the costs for special 
education and
related services provided by non-public schools 
or special education
facilities and shall approve or 
disapprove such facilities in accordance
with the rules and 
regulations established by it with respect to
allowable costs.

    The State Board of Education shall provide administrative 
and staff support
for the Review Board as deemed reasonable by 
the State Superintendent of
Education.  This support shall not 
include travel expenses or other
compensation for any Review 
Board member other than the State Superintendent of
Education.

    The Review Board shall seek the advice of the Advisory 
Council on
Education of Children with Disabilities on the 
rules and
regulations to be
promulgated by it relative to 
providing special education services.

    If a child has been placed in a program in which the actual 
per pupil costs
of tuition for special education and related 
services based on program
enrollment, excluding room, board 
and transportation costs, exceed $4,500 and
such costs have 
been approved by the Review Board, the district shall pay such

total costs which exceed $4,500.  A district making such 
tuition payments in
excess of $4,500 pursuant to this Section 
shall be responsible for an amount in
excess of $4,500 equal to 
the district per capita
tuition charge and shall be eligible 
for reimbursement from the State for
the amount of such 
payments actually made in excess of the districts per capita

tuition charge for students not receiving special education 
services.

    If a child has been placed in an approved individual 
program and the
tuition costs including room and board costs 
have been approved by the
Review Board, then such room and 
board costs shall be paid by the
appropriate State agency 
subject to the provisions of Section 14-8.01 of
this Act.  Room 
and board costs not provided by a State agency other
than the 
State Board of Education shall be provided by the State Board

of Education on a current basis.  In no event, however, shall 
the
State's liability for funding of these tuition costs begin 
until after
the legal obligations of third party payors have 
been subtracted from
such costs.  If the money appropriated by 
the General Assembly for such
purpose for any year is 
insufficient, it shall be apportioned on the
basis of the 
claims approved.  Each district shall submit estimated claims 
to the State
Superintendent of Education.  Upon approval of 
such claims, the State
Superintendent of Education shall 
direct the State Comptroller to make payments
on a monthly 
basis. The frequency for submitting estimated
claims and the 
method of determining payment shall be prescribed in rules
and 
regulations adopted by the State Board of Education.   Such 
current state
reimbursement shall be reduced by an amount 
equal to the proceeds which
the child or child's parents are 
eligible to receive under any public or
private insurance or 
assistance program.  Nothing in this Section shall
be construed 
as relieving an insurer or similar third party from an

otherwise valid obligation to provide or to pay for services 
provided to
a child with a disability.

    If it otherwise qualifies, a school district is eligible 
for the
transportation reimbursement under Section 14-13.01 
and for the
reimbursement of tuition payments under this 
Section whether the
non-public school or special education 
facility, public out-of-state
school or county special 
education facility, attended by a child who
resides in that 
district and requires special educational services, is
within 
or outside of the State of Illinois.  However, a district is not

eligible to claim transportation reimbursement under this 
Section unless
the district certifies to the State 
Superintendent of Education that the
district is unable to 
provide special educational services required by
the child for 
the current school year.

    Nothing in this Section authorizes the reimbursement of a 
school
district for the amount paid for tuition of a child 
attending a
non-public school or special education facility, 
public out-of-state
school or county special education 
facility unless the school district
certifies to the State 
Superintendent of Education that the special
education program 
of that district is unable to meet the needs of that child

because of his disability and the State Superintendent of 
Education finds
that the school district is in substantial 
compliance with Section 14-4.01. However, if a child is 
unilaterally placed by a State agency or any court in a 
non-public school or special education facility, public 
out-of-state school, or county special education facility, a 
school district shall not be required to certify to the State 
Superintendent of Education, for the purpose of tuition 
reimbursement, that the special education program of that 
district is unable to meet the needs of a child because of his 
or her disability.

    Any educational or related services provided, pursuant to 
this
Section in a non-public school or special education 
facility or a
special education facility owned and operated by 
a county government
unit shall be at no cost to the parent or 
guardian of the child.
However, current law and practices 
relative to contributions by parents
or guardians for costs 
other than educational or related services are
not affected by 
this amendatory Act of 1978.

    Reimbursement for children attending public school 
residential facilities
shall be made in accordance with the 
provisions of this Section.

    Notwithstanding any other provision of law, any school 
district
receiving a payment under this Section or under 
Section 14-7.02b, 14-13.01, 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. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)

 
    (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.  
    Prior to the placement of a child in an out-of-state 
special education residential facility, the placing agency or 
court must refer to the child or  the child's parent or guardian 
the option to place the child in a special education 
residential facility located within this State, if any, that 
provides treatment and services comparable to those provided 
by the out-of-state special education residential facility. 
The placing agency or court must review annually the placement 
of a child in an out-of-state special education residential 
facility. As a part of the review, the placing agency or court 
must refer to the child or the child's parent or guardian the 
option to place the child in a comparable special education 
residential facility located within this State, if any.
    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: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.