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| Public Act 095-0705 |
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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 | ||||
14-7.02b as follows: | ||||
(105 ILCS 5/14-7.02b)
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Sec. 14-7.02b. Funding for children requiring special | ||||
education services.
Payments to school districts for children | ||||
requiring
special education services documented in their | ||||
individualized education
program regardless of the program | ||||
from which these services are received,
excluding children | ||||
claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
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be made in accordance with this Section. Funds received under | ||||
this Section
may be used only for the provision of special | ||||
educational facilities and
services as defined in Section | ||||
14-1.08 of this Code.
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The appropriation for fiscal year 2005 and thereafter shall | ||||
be based upon
the IDEA child count of all students in the | ||||
State, excluding students
claimed under Sections 14-7.02 and | ||||
14-7.03 of this Code, on December 1 of the
fiscal year 2
years
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preceding, multiplied by 17.5% of the general State aid
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foundation level of support established for that fiscal year | ||||
under Section
18-8.05 of
this Code.
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Beginning with fiscal year 2005 and through fiscal year | ||
2007, individual school districts
shall not receive payments | ||
under this Section totaling less than they received
under the
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funding authorized under Section 14-7.02a of this Code
during | ||
fiscal year 2004, pursuant to the provisions of Section | ||
14-7.02a as they
were in effect before the effective date of | ||
this amendatory Act of the 93rd
General Assembly. This base | ||
level funding shall be computed first.
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Beginning with fiscal year 2008 and each fiscal year | ||
thereafter, individual school districts must not receive | ||
payments under this Section totaling less than they received in | ||
fiscal year 2007. This funding shall be computed last and shall | ||
be a separate calculation from any other calculation set forth | ||
in this Section. This amount is exempt from the requirements of | ||
Section 1D-1 of this Code.
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An amount equal to 85% of the funds remaining in the | ||
appropriation, after subtracting any base level funding for | ||
that fiscal year, shall be allocated to school districts based | ||
upon the
district's average daily attendance reported for | ||
purposes of Section
18-8.05 of this Code for the preceding | ||
school year. Fifteen percent of the
funds
remaining in the | ||
appropriation, after subtracting any base level funding for | ||
that fiscal year,
shall be allocated to school districts based | ||
upon the district's low income
eligible pupil count used in the | ||
calculation of general State aid under Section
18-8.05 of this | ||
Code for the same fiscal year. One hundred percent of the
funds
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computed and allocated to districts under this Section shall be | ||
distributed and
paid to school districts.
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For individual
students with disabilities whose program | ||
costs exceed 4 times the
district's per capita tuition rate
as | ||
calculated under Section 10-20.12a of this Code, the costs in | ||
excess
of 4 times the district's per capita tuition rate shall | ||
be paid by the State
Board of Education from unexpended IDEA | ||
discretionary funds originally
designated for room and board | ||
reimbursement pursuant to Section
14-8.01 of this Code. The | ||
amount of tuition for these children shall be
determined by the | ||
actual cost of maintaining classes for these children,
using | ||
the per
capita cost formula set forth in Section 14-7.01 of | ||
this Code, with the
program and cost being pre-approved by the | ||
State Superintendent of
Education. Reimbursement for | ||
individual students with disabilities whose program costs | ||
exceed 4 times the district's per capita tuition rate shall be | ||
claimed beginning with costs encumbered for the 2004-2005 | ||
school year and thereafter.
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The State Board of Education shall prepare vouchers equal | ||
to one-fourth the
amount allocated to 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. The Comptroller
shall make | ||
payments pursuant to this Section to school districts as soon | ||
as possible after receipt of vouchers. If the money
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appropriated from the General Assembly for such purposes for | ||
any year is
insufficient, it shall be apportioned on the basis | ||
of the payments due to
school districts.
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Nothing in this Section shall be construed to decrease or | ||
increase the
percentage of all special education funds that are | ||
allocated annually
under Article 1D of this Code
or to alter | ||
the requirement that a
school district provide special | ||
education services.
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Nothing in this amendatory Act of the 93rd General Assembly | ||
shall
eliminate any reimbursement obligation owed as of the | ||
effective date of this
amendatory Act of the 93rd General | ||
Assembly to a school district with in excess
of 500,000 | ||
inhabitants.
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(Source: P.A. 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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