Public Act 095-0938
 		





HB1141 Enrolled
LRB095 07590 NHT 27740 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 Section 
21-29 as follows:
 
    (105 ILCS 5/21-29)

    Sec. 21-29. Salary Incentive Program for Hard-to-Staff 
Schools.
    (a)  The Salary Incentive Program for Hard-to-Staff Schools 
is established to provide categorical funding for monetary 
incentives and bonuses for teachers and school administrators 
who are employed by school districts in schools designated as 
hard-to-staff by the State Board of Education.
    For the purposes of this Section, "hard-to-staff school" 
means an elementary, middle, or high school that is operated by 
a school district and that ranks in the top 5% of schools in 
this State in the average rate of teacher attrition over a 
5-year period. The State Board of Education shall allocate and 
distribute to qualifying schools school districts an amount as 
annually appropriated by the General Assembly for the Salary 
Incentive Program for Hard-to-Staff Schools. The State Board of 
Education's annual budget must set out by separate line item 
the appropriation for the program. Only teachers and principals 
who work full time and for a full school year are eligible for 
the incentives and bonuses. 
    (b)  Unless otherwise provided by appropriation, each 
school's school district's annual allocation under the Salary 
Incentive Program for Hard-to-Staff Schools shall be the sum of 
the following incentives and bonuses:
        (1) An annual payment of $3,000 to be paid to each 
    certificated teacher employed as a school teacher by the a 
    school district. The school district shall distribute this 
    payment to each eligible teacher as a single payment or in 
    not more than 3 payments.
        (2) An annual payment of $5,000 to each certificated 
    principal that is employed as a school principal by the a 
    school district. The school district shall distribute this 
    payment to each eligible principal as a single payment or 
    in not more than 3 payments.
    If the appropriation in a given fiscal year is insufficient 
to meet all needs under this Section, then claims under this 
Section must be prorated proportionally. 
    (c)  Each regional superintendent of schools shall provide 
information about the Salary Incentive Program for 
Hard-to-Staff Schools to each individual seeking to register or 
renew a certificate.

    (d)  The State Board of Education, the Teachers' Retirement 
System of the State of Illinois, and the Public School 
Teachers' Pension and Retirement Fund of Chicago shall work 
together to validate data for the purposes of this Section as 
necessary. 
(Source: P.A. 95-707, eff. 1-11-08.)
 
    Section 10. If and only if Senate Bill 2042 of the 95th 
General Assembly becomes law, the School Code is amended  by 
changing Sections 10-20.12a and 14-7.05 as follows:

 



    (105 ILCS 5/10-20.12a)  (from Ch. 122, par. 10-20.12a)



    Sec. 10-20.12a. Tuition for non-resident pupils. 
    (a) To charge non-resident pupils who attend the schools of 
the district
tuition in an amount not exceeding 110% of the per 
capita
cost of maintaining the schools of the district for the 
preceding school year.

    Such per capita cost shall be computed by dividing the 
total cost of
conducting and maintaining the schools of the 
district by the average daily
attendance, including tuition 
pupils. Depreciation on the buildings and
equipment of the 
schools of the district, and the amount of annual
depreciation 
on such buildings and equipment shall be dependent upon the

useful life of such property.

    The tuition charged shall in no case exceed 110% of the per 
capita
cost of conducting and maintaining the schools of the 
district attended, as
determined
with reference to the most 
recent audit prepared under Section 3-7 which is
available at 
the commencement of the current school year.
Non-resident 
pupils attending the schools of the district
for less than the

school term shall have their tuition apportioned, however 
pupils who become
non-resident during a school term shall not 
be charged tuition for the
remainder of the school term in 
which they became non-resident pupils.

    (b) Unless otherwise agreed to by the parties involved and 
where the
educational services are not otherwise provided for, 
educational services
for an Illinois student under the age of 
21 (and not eligible for services pursuant to Article 14 of 
this Code) in any residential program
 shall be provided by
the 
district in which the facility is located and financed as 
follows.  The
cost of educational services shall be paid by the 
district in which the
student resides in an amount equal to the 
cost of providing educational
services in the residential 
facility.  Payments shall be made by the district
of the 
student's residence and shall be made to the district wherein 
the
facility is located no less than once per month unless 
otherwise agreed to
by the parties.
    The funding provision of this subsection (b) applies to all 
Illinois students under the age of 21 (and not eligible for 
services pursuant to Article 14 of this Code) receiving 
educational services in residential facilities, irrespective 
of whether the student was placed therein pursuant to this Code 
or the Juvenile Court Act of 1987 or by an Illinois public 
agency or a court. Nothing in this Section shall be construed 
to relieve the district of the student's residence of financial 
responsibility based on the manner in which the student was 
placed at the facility. The changes to this subsection (b) made 
by this amendatory Act of the 95th General Assembly apply to 
all placements in effect on July 1, 2007 and all placements 
thereafter. For purposes of this subsection (b), a student's 
district of residence shall be determined in accordance with 
subsection (a) of Section 10-20.12b of this Code. The placement 
of a student in a residential facility shall not affect the 
residency of the student.  When a dispute arises over the 
determination of the district of residence under this 
subsection (b), 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 or 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. 89-397, eff. 8-20-95; 90-649, eff. 7-24-98; 
95SB2042enr.)

 
    (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.  
    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: 95SB2042enr.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law, except that Section 10 takes effect upon becoming 
law or on the effective date of Senate Bill 2042 of the 95th 
General Assembly, whichever is later.