Public Act 095-0415
 		





SB0397 Enrolled
LRB095 07289 NHT 27428 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 
14-13.01 and 28-21 as follows:
 



    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)


    Sec. 14-13.01. Reimbursement payable by State; Amounts. 
Reimbursement for furnishing special educational facilities in 
a
recognized school to the type of children defined in Section 
14-1.02
shall be paid to the school districts in accordance 
with Section 14-12.01
for each school year ending June 30 by 
the State Comptroller out of any money
in the treasury 
appropriated for such purposes on the presentation of vouchers

by the State Board of Education.

    The reimbursement shall be limited to funds expended for 
construction
and maintenance of special education facilities 
designed and utilized to
house instructional programs, 
diagnostic services, other special
education services for 
children with disabilities and
reimbursement as
provided in 
Section 14-13.01.  There shall be no reimbursement for

construction and maintenance of any administrative facility 
separated
from special education facilities designed and 
utilized to house
instructional programs, diagnostic services 
and other special education
services for children with 
disabilities.

    (a) For children who have not been identified as eligible 
for special
education and for eligible children with physical

disabilities, including all
eligible children whose placement 
has been determined under Section 14-8.02 in
hospital or home 
instruction, 1/2 of the teacher's salary but not more than

$1,000 annually per child or $8,000 per teacher for the 
1985-1986 school year
and thereafter, whichever is less.  
Children
to be included in any reimbursement under this 
paragraph must regularly
receive a minimum of one hour of 
instruction each school day, or in lieu
thereof of a minimum of 
5 hours of instruction in each school week in
order to qualify 
for full reimbursement under this Section.  If the
attending 
physician for such a child has certified that the child should

not receive as many as 5 hours of instruction in a school week, 
however,
reimbursement under this paragraph on account of that 
child shall be
computed proportionate to the actual hours of 
instruction per week for
that child divided by 5.

    (b) For children described in Section 14-1.02, 4/5 of the 
cost of
transportation for each such child, whom the State 
Superintendent of
Education determined in advance requires 
special transportation service
in order to take advantage of 
special educational facilities.
Transportation costs shall be 
determined in the same fashion as provided
in Section 29-5.  For 
purposes of this subsection (b), the dates for
processing 
claims specified in Section 29-5 shall apply.

    (c) For each professional worker excluding those included 
in
subparagraphs (a), (d), (e), and (f) of this Section, the 
annual sum of
$8,000 for the 1985-1986 school year and 
thereafter.

    (d) For one full time qualified director of the special 
education
program of each school district which maintains a 
fully approved program
of special education the annual sum of 
$8,000 for the 1985-1986 school
year and thereafter.  Districts 
participating in a joint agreement special
education program 
shall not receive such reimbursement if reimbursement is made

for a director of the joint agreement program.

    (e) For each school psychologist as defined in Section 
14-1.09 the
annual sum of $8,000 for the 1985-1986 school year 
and thereafter.

    (f) For each qualified teacher working in a fully approved 
program
for children of preschool age who are deaf or 
hard-of-hearing the annual
sum of $8,000 for the 1985-1986 
school year and thereafter.

    (g) For readers, working with blind or partially seeing 
children 1/2
of their salary but not more than $400 annually 
per child.  Readers may
be employed to assist such children and 
shall not be required to be
certified but prior to employment 
shall meet standards set up by the
State Board of Education.

    (h) For necessary non-certified employees working in any 
class or
program for children defined in this Article, 1/2 of 
the salary paid or
$2,800 annually per employee, whichever is 
less.

    The State Board of Education shall set standards and 
prescribe rules
for determining the allocation of 
reimbursement under this section on
less than a full time basis 
and for less than a school year.

    When any school district eligible for reimbursement under 
this
Section operates a school or program approved by the State

Superintendent of Education for a number of days in excess of 
the
adopted school calendar but not to exceed 235 school days, 
such
reimbursement shall be increased by 1/180
1/185 of the 
amount or rate paid
hereunder for each day such school is 
operated in excess of 180
185 days per
calendar year.

    Notwithstanding any other provision of law, any school 
district receiving
a payment under this Section or under 
Section 14-7.02, 14-7.02b, 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. 92-568, eff. 6-26-02; 93-1022, eff. 8-24-04.)

 



    (105 ILCS 5/28-21)  (from Ch. 122, par. 28-21)



    Sec. 28-21. The State Board of Education shall require each 
publisher
of any printed textbook that is listed for use by the 
State Board of Education under
this Article or that is 
furnished at public expense under Sections 28-14
through 28-19 
and is first published after July 19, 2006
or that is provided 
by loan free of charge to any student
under Section 18-17 to 
furnish, as provided in this Section, an accessible electronic 
file set of contracted print material to the National 
Instructional Materials Access Center, which shall then be 
available to the State Board of Education or its authorized 
user for the purpose of conversion to an accessible format for 
use by a child with a print disability and for distribution to 
local education agencies.  An "accessible electronic file" 
means a file that conforms to specifications of the national 
file format adopted by the United States Department of 
Education. Other terms used in this Section shall be construed 
in compliance with the federal Individuals with Disabilities 
Education Act and related regulations. : (i) computer
diskettes 
for literary subjects in the American Standard Code for

Information Interchange (ASCII) from which Braille versions of 
the textbook
can be produced, and (ii) a copy of the textbook 
for those literary
subjects with copyright permission to 
duplicate into Braille, large print,
or tape.  The copy of the 
textbook with copyright permission shall be
furnished by the 
publisher to the State Board of Education within 15 days
after 
the publisher receives the request of the State Board of 
Education
for that material.  The computer diskettes for 
literary subjects in ASCII
from which Braille versions of the 
textbook can be produced shall be
furnished by the publisher to 
the State Board of Education or its designee
or designees, for 
those students identified as Braille readers, within 90
days 
after the publisher receives the request of the State Board of

Education for those computer diskettes.  Each publisher
of any 
such
textbook shall also be required to furnish to the State 
Board of Education
or its designee or designees, for those 
students identified as Braille
readers, computer diskettes in 
ASCII for nonliterary subjects,
including natural sciences, 
computer science, mathematics, and music, when
Braille 
specialty code translation software is available.

(Source: P.A. 87-1071.)

 

    Section 99. Effective date. This Act takes effect July 1, 
2007.