Public Act 096-0257
 		





HB1190 Enrolled
LRB096 03443 NHT 13467 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 
14-1.10 and 14-13.01 as follows:
 



    (105 ILCS 5/14-1.10)  (from Ch. 122, par. 14-1.10)



    Sec. 14-1.10. Qualified Professional worker. "Qualified 
Professional worker" means a trained specialist and includes a 
behavior analyst, certificated school nurse, professional 
consultant, registered therapist, school nurse intern, school 
counselor, school counselor intern, school psychologist, 
school psychologist intern, school social worker, school 
social worker intern, special administrator or supervisor 
giving full time to special education, speech language 
pathologist, speech language pathologist intern, and teacher 
of students with IEPs who meets the requirements of this 
Article, who has the required special training in the 
understandings, techniques, and special instructional 
strategies for children with disabilities and who delivers 
services to students with IEPs, and any other trained 
specialist set forth by the State Board of Education in rules. , 
and is
limited to speech correctionist, school social worker, 
school counselor, school
psychologist, psychologist intern, 
school nurse intern, school social
worker intern, school 
counselor intern, certificated school nurse, special

administrator intern, registered therapist, professional 
consultant,
special administrator or supervisor giving full 
time to special
education, behavior analyst, and teacher of any 
class or program defined in this Article
who meets the 
requirements of this Article, who has the required special

training in the understandings, techniques, and special 
methods of
instruction for children who because of their 
disabling
conditions
are placed in any program provided for in 
this Article, and who works in
such program.

(Source: P.A. 94-948, eff. 1-1-07; 95-363, eff. 8-23-07.)

 



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


    Sec. 14-13.01. Reimbursement payable by State; amounts for 
personnel and transportation 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 staff working on behalf of 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 through the 
2005-2006 school year and $1,000 per child or $9,000 per 
teacher for the 2006-2007 school year and for each school year
 
thereafter, whichever is less. To qualify for home or hospital 
instruction, a  child must, due to a medical condition, be 
unable to attend school, and instead must be instructed at home 
or in the hospital, for a period of 2 or more consecutive weeks 
or on an ongoing intermittent basis. In order to establish 
eligibility for home or hospital services, a student's parent 
or guardian must submit to the child's school district of 
residence a written statement from a physician licensed to 
practice medicine in all of its branches stating the existence 
of such medical condition, the impact on the child's ability to 
participate in education, and the anticipated duration or 
nature of the child's absence from school. Eligible children  
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. The State 
Board of Education shall establish rules governing the required 
qualifications of staff providing home or hospital 
instruction. 

    (b) For children described in Section 14-1.02, 80% 4/5 of 
the cost of
transportation approved as a related service in the 
Individualized Education Program for each student 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 qualified 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 
through the 2005-2006 school year and $9,000 for the 2006-2007 
school year and for each school year 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 through the 2005-2006 
school year and $9,000 for the 2006-2007 school year and for 
each school year 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) (Blank). For each school psychologist as defined in 
Section 14-1.09 the
annual sum of $8,000 for the 1985-1986 
school year through the 2005-2006 school year and $9,000 for 
the 2006-2007 school year and for each school year thereafter.

    (f) (Blank). 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 through the 2005-2006 school year and $9,000 for 
the 2006-2007 school year and for each school year 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, as defined by 
rules promulgated by the State Board of Education, who deliver 
services to students with IEPs working in any class or
program 
for children defined in this Article, 1/2 of the salary paid or

$2,800 annually per employee through the 2005-2006 school year 
and $3,500 per employee for the 2006-2007 school year and for 
each school year thereafter, 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 of the amount or 
rate paid
hereunder for each day such school is operated in 
excess of 180 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. 95-415, eff. 8-24-07; 95-707, eff. 1-11-08.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.