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| Public Act 094-0177 |
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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 | ||||
14-7.02 as follows:
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(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
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Sec. 14-7.02. Children attending private schools, public
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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.
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If because of his or her disability the special education
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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
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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
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utilizing private schools or public schools, whether located on | ||
the site
or off the site of the residential facility.
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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.
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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.
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A school district making tuition payments pursuant to this
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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
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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.
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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 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.
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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 disabled child
receiving services | ||
under Article 14 shall be excluded from participation
in, be | ||
denied the benefits of or be subjected to discrimination under
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any program or activity provided by any State agency.
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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.
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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.
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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.
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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.
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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
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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
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a disabled child.
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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
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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.
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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
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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.
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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.
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Reimbursement for children attending public school | ||
residential facilities
shall be made in accordance with the | ||
provisions of this Section.
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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
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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
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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.
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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.
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(Source: P.A. 92-568, eff. 6-26-02; 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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