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90_HB0754enr
105 ILCS 5/2-3.118
Amends the School Code. In the provisions authorizing
the State Superintendent of Education to provide assistance
from appropriated funds to public schools for the
implementation or improved utilization of technology, changes
the reference to "public schools" to a reference to just
"schools". Effective immediately.
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1 AN ACT relating to education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.449 as follows:
6 (30 ILCS 105/5.449 new)
7 Sec. 5.449. The School Technology Revolving Fund.
8 Section 10. The School Code is amended by adding
9 Sections 2-3.120 and 2-3.121 and changing Sections 14-7.03,
10 14A-5, 14C-12, and 18-3 as follows:
11 (105 ILCS 5/2-3.120 new)
12 Sec. 2-3.120. Non-Public school students' access to
13 technology.
14 (a) The General Assembly finds and declares that the
15 Constitution of the State of Illinois provides that a
16 "fundamental goal of the People of the State is the
17 educational development of all persons to the limit of their
18 capacities", and that the educational development of every
19 elementary and secondary school student serves the public
20 purposes of the State. In order to enable Illinois students
21 to leave school with the basic skills and knowledge that will
22 enable them to find and hold jobs and otherwise function as
23 productive members of society in the 21st Century, all
24 students must have access to the vast educational resources
25 provided by computers. The provisions of this Section are in
26 the public interest, for the public benefit, and serve a
27 secular public purpose.
28 (b) The State Board of Education shall provide
29 non-public schools with ports to the Board's statewide
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1 educational network, provided that this access does not
2 diminish the services available to public schools and
3 students. The State Board of Education shall charge for this
4 access in an amount necessary to offset its cost. Amounts
5 received by the State Board of Education under this Section
6 shall be deposited in the School Technology Revolving Fund as
7 described in Section 2-3.121. The statewide network may be
8 used only for secular educational purposes.
9 (c) For purposes of this Section, a non-public school
10 means any non-profit, non-home-based, non-public elementary
11 or secondary school that is in compliance with Title VI of
12 the Civil Rights Act of 1964, and attendance at which
13 satisfies the requirements of Section 26-1 of the School
14 Code.
15 (105 ILCS 5/2-3.121 new)
16 Sec. 2-3.121. School Technology Revolving Fund. The
17 School Technology Revolving Fund shall be established as a
18 special fund within the State Treasury. The State Board of
19 Education shall deposit amounts received under Section
20 2-3.117 and 2-3.120 into this fund, which shall be used for
21 appropriations to the State Board of Education for the
22 purposes described in those Sections.
23 (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
24 Sec. 14-7.03. Special Education Classes for Children from
25 Orphanages, Foster Family Homes, Children's Homes, or in
26 State Housing Units. If a school district maintains special
27 education classes on the site of orphanages and children's
28 homes, or if children from the orphanages, children's homes,
29 foster family homes, other State agencies, or State
30 residential units for children attend classes for children
31 with disabilities in which the school district is a
32 participating member of a joint agreement, or if the children
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1 from the orphanages, children's homes, foster family homes,
2 other State agencies, or State residential units attend
3 classes for the children with disabilities maintained by the
4 school district, then reimbursement shall be paid to eligible
5 districts in accordance with the provisions of this Section
6 by the Comptroller as directed by the State Superintendent of
7 Education.
8 The amount of tuition for such children shall be
9 determined by the actual cost of maintaining such classes,
10 using the per capita cost formula set forth in Section
11 14-7.01, such program and cost to be pre-approved by the
12 State Superintendent of Education.
13 On forms prepared by the State Superintendent of
14 Education, the district shall certify to the regional
15 superintendent the following:
16 (1) The name of the home or State residential unit
17 with the name of the owner or proprietor and address of
18 those maintaining it;
19 (2) That no service charges or other payments
20 authorized by law were collected in lieu of taxes
21 therefrom or on account thereof during either of the
22 calendar years included in the school year for which
23 claim is being made;
24 (3) The number of children qualifying under this
25 Act in special education classes for instruction on the
26 site of the orphanages and children's homes;
27 (4) The number of children attending special
28 education classes for children with disabilities in which
29 the district is a participating member of a special
30 education joint agreement;
31 (5) The number of children attending special
32 education classes for children with disabilities
33 maintained by the district;
34 (6) The computed amount of tuition payment claimed
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1 as due, as approved by the State Superintendent of
2 Education, for maintaining these classes.
3 If a school district makes a claim for reimbursement
4 under Section 18-3 or 18-4 of this Act it shall not include
5 in any claim filed under this Section a claim for such
6 children. Payments authorized by law, including State or
7 federal grants for education of children included in this
8 Section, shall be deducted in determining the tuition amount.
9 Nothing in this Act shall be construed so as to prohibit
10 reimbursement for the tuition of children placed in for
11 profit facilities. Private facilities shall provide adequate
12 space at the facility for special education classes provided
13 by a school district or joint agreement for children with
14 disabilities who are residents of the facility at no cost to
15 the school district or joint agreement upon request of the
16 school district or joint agreement. If such a private
17 facility provides space at no cost to the district or joint
18 agreement for special education classes provided to children
19 with disabilities who are residents of the facility, the
20 district or joint agreement shall not include any costs for
21 the use of those facilities in its claim for reimbursement.
22 Reimbursement for tuition may include the cost of
23 providing summer school programs for children with severe and
24 profound disabilities served under this Section. Claims for
25 that reimbursement shall be filed by November 1 and shall be
26 paid on or before December 15 from appropriations made for
27 the purposes of this Section.
28 The State Board of Education shall establish such rules
29 and regulations as may be necessary to implement the
30 provisions of this Section.
31 Claims filed on behalf of programs operated under this
32 Section housed in a jail or detention center shall be on an
33 individual student basis only for eligible students with
34 disabilities. These claims shall be in accordance with
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1 applicable rules.
2 Each district claiming reimbursement for a program
3 operated as a group program shall have an approved budget on
4 file with the State Board of Education prior to the
5 initiation of the program's operation. On September 30,
6 December 31, and March 31, the State Board of Education shall
7 voucher payments to group programs based upon the approved
8 budget during the year of operation. Final claims for group
9 payments shall be filed on or before July August 15. Final
10 claims for group programs received at the State Board of
11 Education on or before June 15 shall be vouchered by June 30.
12 Final claims received at the State Board of Education between
13 June 16 and July August 15 shall be vouchered by August
14 September 30. Claims for group programs received after July
15 August 15 shall not be honored.
16 Each district claiming reimbursement for individual
17 students shall have the eligibility of those students
18 verified by the State Board of Education. On September 30,
19 December 31, and March 31, the State Board of Education shall
20 voucher payments for individual students based upon an
21 estimated cost calculated from the prior year's claim. Final
22 claims for individual students for the regular school term
23 must be received at the State Board of Education by July
24 August 15. Claims for individual students received after
25 July August 15 shall not be honored. Final claims for
26 individual students shall be vouchered by August September
27 30.
28 Reimbursement shall be made based upon approved group
29 programs or individual students. The State Superintendent of
30 Education shall direct the Comptroller to pay a specified
31 amount to the district by the 30th day of September,
32 December, March, June, or August September, respectively.
33 However, notwithstanding any other provisions of this Section
34 or the School Code, beginning with Fiscal Year 1994 and each
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1 fiscal year thereafter, if the amount appropriated for any
2 fiscal year is less than the amount required for purposes of
3 this Section, the amount required to eliminate any
4 insufficient reimbursement for each district claim under this
5 Section shall be reimbursed on August September 30 of the
6 next fiscal year. Payments required to eliminate any
7 insufficiency for prior fiscal year claims shall be made
8 before any claims are paid for the current fiscal year.
9 The claim of a school district otherwise eligible to be
10 reimbursed in accordance with Section 14-12.01 for the
11 1976-77 school year but for this amendatory Act of 1977 shall
12 not be paid unless the district ceases to maintain such
13 classes for one entire school year.
14 If a school district's current reimbursement payment for
15 the 1977-78 school year only is less than the prior year's
16 reimbursement payment owed, the district shall be paid the
17 amount of the difference between the payments in addition to
18 the current reimbursement payment, and the amount so paid
19 shall be subtracted from the amount of prior year's
20 reimbursement payment owed to the district.
21 Regional superintendents may operate special education
22 classes for children from orphanages, foster family homes,
23 children's homes or State housing units located within the
24 educational services region upon consent of the school board
25 otherwise so obligated. In electing to assume the powers and
26 duties of a school district in providing and maintaining such
27 a special education program, the regional superintendent may
28 enter into joint agreements with other districts and may
29 contract with public or private schools or the orphanage,
30 foster family home, children's home or State housing unit for
31 provision of the special education program. The regional
32 superintendent exercising the powers granted under this
33 Section shall claim the reimbursement authorized by this
34 Section directly from the State Board of Education.
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1 Any child who is not a resident of Illinois who is placed
2 in a child welfare institution, private facility, foster
3 family home, State operated program, orphanage or children's
4 home shall have the payment for his educational tuition and
5 any related services assured by the placing agent.
6 Commencing July 1, 1992, for each disabled student who is
7 placed residentially by a State agency or the courts for care
8 or custody or both care and custody, welfare, medical or
9 mental health treatment or both medical and mental health
10 treatment, rehabilitation, and protection, whether placed
11 there on, before, or after July 1, 1992, the costs for
12 educating the student are eligible for reimbursement under
13 this Section providing the placing agency or court has
14 notified the appropriate school district authorities of the
15 status of student residency where applicable prior to or upon
16 placement.
17 The district of residence of the parent, guardian, or
18 disabled student as defined in Sections 14-1.11 and 14-1.11a
19 is responsible for the actual costs of the student's special
20 education program and is eligible for reimbursement under
21 this Section when placement is made by a State agency or the
22 courts. Payments shall be made by the resident district to
23 the district wherein the facility is located no less than
24 once per quarter unless otherwise agreed to in writing by the
25 parties.
26 When a dispute arises over the determination of the
27 district of residence, the district or districts may appeal
28 the decision in writing to the State Superintendent of
29 Education. The decision of the State Superintendent of
30 Education shall be final.
31 In the event a district does not make a tuition payment
32 to another district that is providing the special education
33 program and services, the State Board of Education shall
34 immediately withhold 125% of the then remaining annual
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1 tuition cost from the State aid or categorical aid payment
2 due to the school district that is determined to be the
3 resident school district. All funds withheld by the State
4 Board of Education shall immediately be forwarded to the
5 school district where the student is being served.
6 (Source: P.A. 88-9; 88-491; 88-575, eff. 8-12-94; 88-641,
7 eff. 9-9-94; 88-670, eff. 12-2-94; 89-235, eff. 8-4-95;
8 89-397, eff. 8-20-95; 89-698, eff. 1-14-97.)
9 (105 ILCS 5/14A-5) (from Ch. 122, par. 14A-5)
10 Sec. 14A-5. Reimbursement for services and materials.
11 Pursuant to regulations of the State Board of Education
12 proposed programs for gifted children may be submitted to the
13 Council by a school district, 2 or more cooperating school
14 districts, a county, or 2 or more cooperating counties. Such
15 proposals shall include a statement of the qualifications and
16 duties of the personnel required in the fields of diagnostic,
17 counseling and consultative services and the educational
18 materials necessary.
19 Upon receipt of such proposals the Council shall evaluate
20 them and if found to contribute to the development of a State
21 plan to increase the service of the public school in the
22 field of education of gifted children the Council shall
23 recommend the acceptance thereof to the State Superintendent
24 of Education, who may approve the same. Upon the approval of
25 the district's program, which shall be offered during the
26 regular school term and may include optional summer school,
27 the district shall be entitled to reimbursement for the
28 services and materials required therefor by the method
29 described in either (a) or (b) as follows:
30 (a) The number of pupils in average daily attendance in
31 the district's program, multiplied by one of the following
32 factors:
33 The factors for school districts having different
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1 assessed valuations per pupil in average daily attendance for
2 the prior year shall be:
3 1. in districts with $20,000 or more;
4 1.2 in districts with $16,000 but less than $20,000;
5 1.3 in districts with $12,000 but less than $16,000;
6 1.4 in districts with $9,000 but less than $12,000;
7 1.5 in districts with less than $9,000.
8 In no case shall the claim for reimbursement of any
9 district exceed the actual cost of such program to the
10 district nor shall the number of pupils for whom
11 reimbursement is claimed exceed 5% of the number of pupils in
12 average daily attendance in the district for the prior year.
13 (b) For each professional worker, who meets the
14 established standards for his position, employed in the
15 district's program at the annual rate of $5,000.
16 On or before July 10, annually, the president and the
17 secretary of the district shall certify to the regional
18 superintendent upon forms prescribed by the State
19 Superintendent of Education the district's claim for
20 reimbursement for the school year ended on June 30 next
21 preceding. The regional superintendent shall check all such
22 claims to ascertain compliance with the prescribed standards
23 and upon his approval shall certify not later than July 25 to
24 the State Superintendent of Education the regional report of
25 claims for reimbursements. The State Superintendent of
26 Education shall check and upon approval shall transmit by
27 September 15 to the State Comptroller the vouchers showing
28 the amounts due for district reimbursement claims.
29 Reimbursement shall be paid in the manner provided above in
30 this paragraph through September 15, 1979. Thereafter,
31 estimated payments equal to 1/4 of the district's approved
32 program amount shall be made by the State Comptroller on
33 November 15, February 15, and May 15 upon submission of
34 vouchers by the State Superintendent of Education. A final
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1 claim shall be filed with the regional superintendent on or
2 before July August 10 for approval and transmittal to the
3 State Superintendent of Education on or before July August
4 20. Claims received by the State Superintendent of Education
5 after July August 20 shall not be honored. Upon receipt of
6 the final claim the State Superintendent shall verify its
7 accuracy and make a final adjusted payment on September 20.
8 If the amount appropriated for such reimbursement for any
9 year is insufficient it shall be apportioned on the basis of
10 the claims approved.
11 When any school district eligible for reimbursement under
12 this Section operates a school for a full year in accordance
13 with Section 10-19.1 of this Act such reimbursement shall be
14 increased by 1/185 of the amount or rate paid hereunder for
15 each day such school is operated in excess of 185 days per
16 calendar year.
17 For purposes of calculating claims for reimbursement
18 under this Section for any school year beginning July 1,
19 1980, or thereafter, the equalized assessed valuation for a
20 school district used to compute reimbursement shall be
21 determined by adding to the real property equalized assessed
22 valuation for the district an amount computed by dividing the
23 amount of money received by the district under the provisions
24 of "An Act in relation to the abolition of ad valorem
25 personal property tax and the replacement of revenues lost
26 thereby, and amending and repealing certain Acts and parts of
27 Acts in connection therewith", certified August 14, 1979, as
28 amended, by the total tax rate for the district. For purposes
29 of this subsection, 1976 tax rates shall be used for school
30 districts in the county of Cook, and 1977 tax rates shall be
31 used in all other counties. For the 1980-81 school year, for
32 purposes of computing claims for reimbursement, there shall
33 be added to the amount derived by the above computation 2/3
34 of the positive difference between the 1978 corporate
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1 personal property equalized assessed valuation and the amount
2 of money received by the district under the provisions of "An
3 Act in relation to the abolition of ad valorem personal
4 property tax and the replacement of revenues lost thereby,
5 and amending and repealing certain Acts and parts of Acts in
6 connection therewith", certified August 14, 1979, as amended,
7 divided by the total tax rate for the district; and for the
8 1981-82 school year 1/3 of the positive difference shall be
9 added.
10 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
11 89-235, eff. 8-4-95.)
12 (105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)
13 Sec. 14C-12. Account of expenditures; Cost report;
14 Reimbursement. Each school district shall keep an accurate,
15 detailed and separate account of all monies paid out by it
16 for the programs in transitional bilingual education required
17 or permitted by this Article, including transportation costs,
18 and shall annually report thereon for the school year ending
19 June 30 indicating the average per pupil expenditure. Each
20 school district shall be reimbursed for the amount by which
21 such costs exceed the average per pupil expenditure by such
22 school district for the education of children of comparable
23 age who are not in any special education program.
24 Applications for preapproval for reimbursement for costs
25 of transitional bilingual education programs must be
26 submitted to the State Superintendent of Education at least
27 60 days before a transitional bilingual education program is
28 started, unless a justifiable exception is granted by the
29 State Superintendent of Education. Applications shall set
30 forth a plan for transitional bilingual education established
31 and maintained in accordance with this Article.
32 Reimbursement claims for transitional bilingual education
33 programs shall be made as follows:
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1 Each school district shall claim reimbursement on a
2 current basis for the first 3 quarters of the fiscal year and
3 file a final adjusted claim for the school year ended June 30
4 preceding computed in accordance with rules prescribed by the
5 State Superintendent's Office with the regional
6 superintendent of schools, in triplicate, for approval on
7 forms prescribed by the State Superintendent's Office. Data
8 used as a basis of reimbursement claims shall be for the
9 school year ended on June 30 preceding. School districts
10 shall file estimated claims with the regional superintendent
11 by October 10, January 10 and April 10 respectively, and file
12 final adjusted claims by July August 10. Upon receipt of
13 such quarterly claims the regional superintendent shall
14 transmit them to the State Superintendent by October 20,
15 January 20, April 20, and July August 20. The State
16 Superintendent of Education before approving any such claims
17 shall determine their accuracy and whether they are based
18 upon services and facilities provided under approved
19 programs. Upon approval he shall transmit by November 15,
20 February 15, May 15, and August September 20 to the
21 Comptroller the vouchers showing the amounts due for school
22 district reimbursement claims. Upon receipt of the July
23 August final adjusted claims the State Superintendent of
24 Education shall make a final determination of the accuracy of
25 such claims. If the money appropriated by the General
26 Assembly for such purpose for any year is insufficient, it
27 shall be apportioned on the basis of the claims approved.
28 Failure on the part of the school district to prepare and
29 certify the final adjusted claims due under this Section on
30 or before July August 20 of any year, and its failure
31 thereafter to prepare and certify such report to the regional
32 superintendent of schools within 10 days after receipt of
33 notice of such delinquency sent to it by the State
34 Superintendent of Education by registered mail, shall
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1 constitute a forfeiture by the school district of its right
2 to be reimbursed by the State under this Section.
3 (Source: P.A. 88-641, eff. 9-9-94.)
4 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
5 Sec. 18-3. Tuition of children from orphanages and
6 children's homes.
7 When the children from any home for orphans, dependent,
8 abandoned or maladjusted children maintained by any
9 organization or association admitting to such home children
10 from the State in general or when children residing in a
11 school district wherein the State of Illinois maintains and
12 operates any welfare or penal institution on property owned
13 by the State of Illinois, which contains houses, housing
14 units or housing accommodations within a school district,
15 attend grades kindergarten through 12 of the public schools
16 maintained by that school district, the State Superintendent
17 of Education shall direct the State Comptroller to pay a
18 specified amount sufficient to pay the annual tuition cost of
19 such children who attended such public schools during the
20 school year ending on June 30, and the Comptroller shall pay
21 the amount after receipt of a voucher submitted by the State
22 Superintendent of Education.
23 The amount of the tuition for such children attending the
24 public schools of the district shall be determined by the
25 State Superintendent of Education by multiplying the number
26 of such children in average daily attendance in such schools
27 by the total annual per capita cost of administering the
28 schools of the district. Such total annual per capita cost
29 shall be determined by totaling all expenses of the school
30 district in the educational, operations and maintenance, bond
31 and interest, transportation, Illinois municipal retirement,
32 and rent funds for the school year preceding the filing of
33 such tuition claims less expenditures not applicable to the
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1 regular K-12 program, less offsetting revenues from State
2 sources except those from the common school fund, less
3 offsetting revenues from federal sources except those from
4 federal impaction aid, less student and community service
5 revenues, plus a depreciation allowance; and dividing such
6 total by the average daily attendance for the year.
7 Annually on or before June 30 the superintendent of the
8 district upon forms prepared by the State Superintendent of
9 Education shall certify to the regional superintendent the
10 following:
11 1. The name of the home and of the organization or
12 association maintaining it; or the legal description of the
13 real estate upon which the house, housing units, or housing
14 accommodations are located and that no taxes or service
15 charges or other payments authorized by law to be made in
16 lieu of taxes were collected therefrom or on account thereof
17 during either of the calendar years included in the school
18 year for which claim is being made;
19 2. The number of children from the home or living in
20 such houses, housing units or housing accommodations and
21 attending the schools of the district;
22 3. The total number of children attending the schools of
23 the district;
24 4. The per capita tuition charge of the district; and
25 5. The computed amount of the tuition payment claimed as
26 due.
27 Whenever the persons in charge of such home for orphans,
28 dependent, abandoned or maladjusted children have received
29 from the parent or guardian of any such child or by virtue of
30 an order of court a specific allowance for educating such
31 child, such persons shall pay to the school board in the
32 district where the child attends school such amount of the
33 allowance as is necessary to pay the tuition required by such
34 district for the education of the child. If the allowance is
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1 insufficient to pay the tuition in full the State
2 Superintendent of Education shall direct the Comptroller to
3 pay to the district the difference between the total tuition
4 charged and the amount of the allowance.
5 Whenever the facilities of a school district in which
6 such house, housing units or housing accommodations are
7 located, are limited, pupils may be assigned by that district
8 to the schools of any adjacent district to the limit of the
9 facilities of the adjacent district to properly educate such
10 pupils as shall be determined by the school board of the
11 adjacent district, and the State Superintendent of Education
12 shall direct the Comptroller to pay a specified amount
13 sufficient to pay the annual tuition of the children so
14 assigned to and attending public schools in the adjacent
15 districts and the Comptroller shall draw his warrant upon the
16 State Treasurer for the payment of such amount for the
17 benefit of the adjacent school districts in the same manner
18 as for districts in which the houses, housing units or
19 housing accommodations are located.
20 Failure on the part of the school board to certify to the
21 regional superintendent the claim of the school district for
22 tuition on account of such children on or before June 30
23 shall constitute a forfeiture by the district of its right to
24 the payment of any such tuition claim for the school year
25 just ended. The regional superintendent shall check and not
26 later than July 15 31 certify to the State Superintendent of
27 Education the regional report of claims due for such tuition
28 payments. The State Superintendent of Education shall direct
29 the Comptroller to pay to the district, on or before August
30 September 15, the amount due the district for the school year
31 in accordance with the calculation of the claim as set forth
32 in this Section.
33 Claims for tuition for children from any home for orphans
34 or dependent, abandoned, or maladjusted children beginning
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1 with the 1993-1994 school year shall be paid on a current
2 year basis. On September 30, December 31, and March 31, the
3 State Board of Education shall voucher payments for districts
4 with those students based on an estimated cost calculated
5 from the prior year's claim. Final claims for those students
6 for the regular school term must be received at the State
7 Board of Education by July 31 following the end of the school
8 year. Final claims for those students shall be vouchered by
9 August September 15. During fiscal year 1994 both the
10 1992-1993 school year and the 1993-1994 school year shall be
11 paid in order to change the cycle of payment from a
12 reimbursement basis to a current year funding basis of
13 payment. However, notwithstanding any other provisions of
14 this Section or the School Code, beginning with fiscal year
15 1994 and each fiscal year thereafter, if the amount
16 appropriated for any fiscal year is less than the amount
17 required for purposes of this Section, the amount required to
18 eliminate any insufficient reimbursement for each district
19 claim under this Section shall be reimbursed on August
20 September 30 of the next fiscal year. Payments required to
21 eliminate any insufficiency for prior fiscal year claims
22 shall be made before any claims are paid for the current
23 fiscal year.
24 If a school district makes a claim for reimbursement
25 under Section 18-4 or 14-7.03 it shall not include in any
26 claim filed under this Section children residing on the
27 property of State institutions included in its claim under
28 Section 18-4 or 14-7.03.
29 Any child who is not a resident of Illinois who is placed
30 in a child welfare institution, private facility, State
31 operated program, orphanage or children's home shall have the
32 payment for his educational tuition and any related services
33 assured by the placing agent.
34 (Source: P.A. 88-9; 88-491; 88-575, eff. 8-12-94; 88-641,
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1 eff. 9-9-94; 88-670, eff. 12-2-94; 89-235, eff. 8-4-95.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming a law.