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90_HB2740
105 ILCS 5/14-0.05 new
105 ILCS 5/14-7.02 from Ch. 122, par. 14-7.02
105 ILCS 5/14-7.02a from Ch. 122, par. 14-7.02a
105 ILCS 5/14-12.01 from Ch. 122, par. 14-12.01
105 ILCS 5/14-13.01 from Ch. 122, par. 14-13.01
105 ILCS 5/18-4.3 from Ch. 122, par. 18-4.3
Amends the School Code. Eliminates provisions
authorizing proportionate payment of school district claims
for reimbursement for providing special education services,
requires the General Assembly to appropriate adequate funds
to reimburse school districts for 100% of the costs of
providing special education services, and provides for
payment of a prior year's reimbursement claims in the next
succeeding fiscal year (and before payment of current claims
for that succeeding fiscal year) if the amount appropriated
in the prior fiscal year is insufficient to provide for full
reimbursement of the claims filed for that year. Increases
from $2,000 to $2,250 for the 1998-99 school year and $2,500
for subsequent school years the maximum reimbursement over
one per capita tuition charge for providing extraordinary
special education services. Increases the reimbursement for
teachers, school psychologists, professional workers, and a
qualified director who furnish special education services in
a recognized school to children with disabilities. Effective
July 1, 1998.
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1 AN ACT to amend the School Code by adding Section 14-0.05
2 and changing Sections 14-7.02, 14-7.02a, 14-12.01, 14-13.01,
3 and 18-4.3.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The School Code is amended by adding Section
7 14-0.05 and changing Sections 14-7.02, 14-7.02a, 14-12.01,
8 14-13.01, and 18-4.3 as follows:
9 (105 ILCS 5/14-0.05 new)
10 Sec. 14-0.05. Rules and regulations.
11 (a) The State Board of Education shall promulgate and
12 adopt, in accordance with law and to take effect on or before
13 December 31, 1999, new administrative rules and regulations
14 to administer and implement the provisions of this Article
15 and other provisions of this Code pertaining to the provision
16 of appropriate special education services to individuals with
17 disabilities.
18 (b) In promulgating and adopting new rules and
19 regulations pursuant to subsection (a), the State Board of
20 Education shall consider:
21 (i) the extent, if any, to which a proposed rule or
22 regulation would impose additional requirements or
23 mandates on local school districts with respect to the
24 provision of appropriate special education services to
25 individuals with disabilities beyond the requirements
26 that are imposed for those purposes by applicable federal
27 laws and regulations; and
28 (ii) whether a proposed new rule or regulation
29 would provide regulatory relief and cost savings to local
30 school districts without impairing the provision of
31 appropriate special education services to individuals
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1 with disabilities.
2 (c) All rules and regulations to administer and
3 implement the provisions of this Article and other provisions
4 of this Code governing the provision of special education
5 services to individuals with disabilities, other than those
6 promulgated and adopted pursuant to subsection (a), in effect
7 on or after the effective date of this amendatory Act of 1998
8 shall be reviewed pursuant to subsection (a) and shall
9 continue in effect until new rules and regulations are
10 promulgated and adopted pursuant to subsection (a) and have
11 taken effect.
12 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
13 Sec. 14-7.02. Children attending private schools, public
14 out-of-state schools, public school residential facilities or
15 private special education facilities. The General Assembly
16 recognizes that non-public schools or special education
17 facilities provide an important service in the educational
18 system in Illinois.
19 If because of his or her disability the special education
20 program of a district is unable to meet the needs of a child
21 and the child attends a non-public school or special
22 education facility, a public out-of-state school or a special
23 education facility owned and operated by a county government
24 unit that provides special educational services required by
25 the child and is in compliance with the appropriate rules and
26 regulations of the State Superintendent of Education, the
27 school district in which the child is a resident shall pay
28 the actual cost of tuition for special education and related
29 services provided during the regular school term and during
30 the summer school term if the child's educational needs so
31 require, excluding room, board and transportation costs
32 charged the child by that non-public school or special
33 education facility, public out-of-state school or county
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1 special education facility, or $4,500 per year, whichever is
2 less, and shall provide him any necessary transportation.
3 "Nonpublic special education facility" shall include a
4 residential facility, within or without the State of
5 Illinois, which provides special education and related
6 services to meet the needs of the child by utilizing private
7 schools or public schools, whether located on the site or off
8 the site of the residential facility.
9 The State Board of Education shall promulgate rules and
10 regulations for determining when placement in a private
11 special education facility is appropriate. Such rules and
12 regulations shall take into account the various types of
13 services needed by a child and the availability of such
14 services to the particular child in the public school. In
15 developing these rules and regulations the State Board of
16 Education shall consult with the Advisory Council on
17 Education of Children with Disabilities and hold public
18 hearings to secure recommendations from parents, school
19 personnel, and others concerned about this matter.
20 The State Board of Education shall also promulgate rules
21 and regulations for transportation to and from a residential
22 school. Transportation to and from home to a residential
23 school more than once each school term shall be subject to
24 prior approval by the State Superintendent in accordance with
25 the rules and regulations of the State Board.
26 A school district making tuition payments pursuant to
27 this Section is eligible for reimbursement from the State for
28 the amount of such payments actually made in excess of the
29 district per capita tuition charge for students not receiving
30 special education services. Such reimbursement shall be
31 approved in accordance with Section 14-12.01 and each
32 district shall file its claims, computed in accordance with
33 rules prescribed by the State Board of Education, with the
34 regional superintendent of schools on or before August 1, for
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1 approval on forms prescribed by the State Superintendent of
2 Education. Data used as a basis of reimbursement claims
3 shall be for the preceding regular school term and summer
4 school term. The regional superintendent of schools shall
5 approve the claims as to form and transmit the claims to the
6 State Board of Education on or before August 15. The State
7 Board of Education, before approving any such claims, shall
8 determine their accuracy and whether they are based upon
9 services and facilities provided under approved programs.
10 Upon approval the State Board shall cause vouchers to be
11 prepared showing the amount due for payment of reimbursement
12 claims to school districts, for transmittal to the State
13 Comptroller on the 30th day of September, December, and
14 March, respectively, and the final voucher, no later than
15 June 20. If the money appropriated by the General Assembly
16 for such purpose for any year is insufficient, it shall be
17 apportioned on the basis of the claims approved.
18 No child shall be placed in a special education program
19 pursuant to this Section if the tuition cost for special
20 education and related services increases more than 10 percent
21 over the tuition cost for the previous school year or exceeds
22 $4,500 per year unless such costs have been approved by the
23 Illinois Purchased Care Review Board. The Illinois
24 Purchased Care Review Board shall consist of the following
25 persons, or their designees: the Directors of Children and
26 Family Services, Public Health, Public Aid, and the Bureau of
27 the Budget; the Secretary of Human Services; the State
28 Superintendent of Education; and such other persons as the
29 Governor may designate. The Review Board shall establish
30 rules and regulations for its determination of allowable
31 costs and payments made by local school districts for special
32 education, room and board, and other related services
33 provided by non-public schools or special education
34 facilities and shall establish uniform standards and criteria
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1 which it shall follow.
2 The Review Board shall establish uniform definitions and
3 criteria for accounting separately by special education, room
4 and board and other related services costs. The Board shall
5 also establish guidelines for the coordination of services
6 and financial assistance provided by all State agencies to
7 assure that no otherwise qualified disabled child receiving
8 services under Article 14 shall be excluded from
9 participation in, be denied the benefits of or be subjected
10 to discrimination under any program or activity provided by
11 any State agency.
12 The Review Board shall review the costs for special
13 education and related services provided by non-public schools
14 or special education facilities and shall approve or
15 disapprove such facilities in accordance with the rules and
16 regulations established by it with respect to allowable
17 costs.
18 The State Board of Education shall provide administrative
19 and staff support for the Review Board as deemed reasonable
20 by the State Superintendent of Education. This support shall
21 not include travel expenses or other compensation for any
22 Review Board member other than the State Superintendent of
23 Education.
24 The Review Board shall seek the advice of the Advisory
25 Council on Education of Children with Disabilities on the
26 rules and regulations to be promulgated by it relative to
27 providing special education services.
28 If a child has been placed in a program in which the
29 actual per pupil costs of tuition for special education and
30 related services based on program enrollment, excluding room,
31 board and transportation costs, exceed $4,500 and such costs
32 have been approved by the Review Board, the district shall
33 pay such total costs which exceed $4,500. A district making
34 such tuition payments in excess of $4,500 pursuant to this
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1 Section shall be responsible for an amount in excess of
2 $4,500 equal to the district per capita tuition charge and
3 shall be eligible for reimbursement from the State for the
4 amount of such payments actually made in excess of the
5 districts per capita tuition charge for students not
6 receiving special education services.
7 If a child has been placed in an approved individual
8 program and the tuition costs including room and board costs
9 have been approved by the Review Board, then such room and
10 board costs shall be paid by the appropriate State agency
11 subject to the provisions of Section 14-8.01 of this Act.
12 Room and board costs not provided by a State agency other
13 than the State Board of Education shall be provided by the
14 State Board of Education on a current basis. In no event,
15 however, shall the State's liability for funding of these
16 tuition costs begin until after the legal obligations of
17 third party payors have been subtracted from such costs. If
18 the money appropriated by the General Assembly for such
19 purpose for any year is insufficient, it shall be apportioned
20 on the basis of the claims approved. Each district shall
21 submit estimated claims to the regional superintendent of
22 schools for transmittal to the State Superintendent of
23 Education. Upon approval of such claims, the State
24 Superintendent of Education shall direct the State
25 Comptroller to make payments on a monthly basis. The
26 frequency for submitting estimated claims and the method of
27 determining payment shall be prescribed in rules and
28 regulations adopted by the State Board of Education. Such
29 current state reimbursement shall be reduced by an amount
30 equal to the proceeds which the child or child's parents are
31 eligible to receive under any public or private insurance or
32 assistance program. Nothing in this Section shall be
33 construed as relieving an insurer or similar third party from
34 an otherwise valid obligation to provide or to pay for
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1 services provided to a disabled child.
2 If it otherwise qualifies, a school district is eligible
3 for the transportation reimbursement under Section 14-13.01
4 and for the reimbursement of tuition payments under this
5 Section whether the non-public school or special education
6 facility, public out-of-state school or county special
7 education facility, attended by a child who resides in that
8 district and requires special educational services, is within
9 or outside of the State of Illinois. However, a district is
10 not eligible to claim transportation reimbursement under this
11 Section unless the district certifies to the State
12 Superintendent of Education that the district is unable to
13 provide special educational services required by the child
14 for the current school year.
15 Nothing in this Section authorizes the reimbursement of a
16 school district for the amount paid for tuition of a child
17 attending a non-public school or special education facility,
18 public out-of-state school or county special education
19 facility unless the school district certifies to the State
20 Superintendent of Education that the special education
21 program of that district is unable to meet the needs of that
22 child because of his disability and the State Superintendent
23 of Education finds that the school district is in substantial
24 compliance with Section 14-4.01.
25 Any educational or related services provided, pursuant to
26 this Section in a non-public school or special education
27 facility or a special education facility owned and operated
28 by a county government unit shall be at no cost to the parent
29 or guardian of the child. However, current law and practices
30 relative to contributions by parents or guardians for costs
31 other than educational or related services are not affected
32 by this amendatory Act of 1978.
33 Reimbursement for children attending public school
34 residential facilities shall be made in accordance with the
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1 provisions of this Section.
2 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
3 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
4 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
5 (105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a)
6 Sec. 14-7.02a. Children requiring extraordinary special
7 education services and facilities. A school district
8 providing for a child requiring extraordinary special
9 education services because of the nature of his disability is
10 eligible for reimbursement from the State if the cost of
11 educating that child is computed, as set forth in Section
12 14-7.01, to be in excess of one and one-half times the
13 district per capita tuition charge for the prior year. Such
14 costs beyond one per capita tuition charge shall be
15 reimbursed, up to a maximum of $2,250 for the 1998-1999
16 school year and $2,500 for the 1999-2000 school year and
17 thereafter $2,000.
18 A child is deemed to require extraordinary special
19 education services and facilities under the following
20 conditions:
21 1) the school district has determined that the
22 child requires extraordinary special education facilities
23 pursuant to the multidisciplinary case study and the
24 individualized education program;
25 2) the school district maintains adequate cost
26 accounting to document the per capita cost of special
27 education; and
28 3) the school district submits approval and claim
29 data annually for each eligible child.
30 Extraordinary special education services provided on a
31 one-half day basis shall only be reimbursed at a rate of
32 one-half the amount otherwise provided herein.
33 (Source: P.A. 88-16.)
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1 (105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
2 Sec. 14-12.01. Account of expenditures - Cost report -
3 Reimbursement. Each school board shall keep an accurate,
4 detailed and separate account of all monies paid out by it
5 for the maintenance of each of the types of facilities,
6 classes and schools authorized by this Article for the
7 instruction and care of pupils attending them and for the
8 cost of their transportation, and shall annually report
9 thereon indicating the cost of each such elementary or high
10 school pupil for the school year ending June 30.
11 Applications for preapproval for reimbursement for costs
12 of special education must be first submitted through the
13 office of the regional superintendent of schools to the State
14 Superintendent of Education on or before 30 days after a
15 special class or service is started. Applications shall set
16 forth a plan for special education established and maintained
17 in accordance with this Article. Such applications shall be
18 limited to the cost of construction and maintenance of
19 special education facilities designed and utilized to house
20 instructional programs, diagnostic services, other special
21 education services for children with disabilities and
22 reimbursement as provided in Section 14-13.01. Such
23 application shall not include the cost of construction or
24 maintenance of any administrative facility separated from
25 special education facilities designed and utilized to house
26 instructional programs, diagnostic services, and other
27 special education services for children with disabilities.
28 Reimbursement claims for special education shall be made as
29 follows:
30 Each district shall file its claim computed in accordance
31 with rules prescribed by the State Board of Education with
32 the regional superintendent of schools, in triplicate, on or
33 before August 1, for approval on forms prescribed by the
34 State Superintendent of Education. Data used as a basis of
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1 reimbursement claims shall be for the school year ended on
2 June 30 preceding. The regional superintendent of schools
3 shall check and upon approval provide the State
4 Superintendent of Education with the original and one copy of
5 the claims on or before August 15. The State Superintendent
6 of Education before approving any such claims shall determine
7 their accuracy and whether they are based upon services and
8 facilities provided under approved programs. Upon approval,
9 vouchers for the amounts due the respective districts shall
10 be prepared and submitted during each fiscal year as follows:
11 the first 3 vouchers shall be prepared by the State
12 Superintendent of Education and transmitted to the
13 Comptroller on the 30th day of September, December and March,
14 respectively, and the final voucher, no later than June 20.
15 If, after preparation and transmittal of the September 30
16 vouchers, any claim has been redetermined by the State
17 Superintendent of Education, subsequent vouchers shall be
18 adjusted in amount to compensate for any overpayment or
19 underpayment previously made. If the money appropriated by
20 the General Assembly for such purpose for any year is
21 insufficient, it shall be apportioned on the basis of the
22 claims approved.
23 Claims received at the State Board of Education after
24 August 15 shall not be honored. Claims received by August 15
25 may be amended until November 30.
26 All reimbursement shall be paid at 100%. Recognizing the
27 needs of students with disabilities and the financial burden
28 upon the school districts in educating those students, the
29 General Assembly shall annually appropriate adequate funding
30 to reimburse at 100% of the cost of providing special
31 education. If there are any excess funds remaining from the
32 appropriation reimbursing all filed claims, the General
33 Assembly shall reappropriate those excess funds for other
34 educational purposes in that same fiscal year. Beginning
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1 with the fiscal year 1999, if the amount appropriated for any
2 year is less than the amount required for purposes of this
3 Section and Sections 14-7.02 and 18-4.3, the amount required
4 to eliminate any insufficient reimbursement for each district
5 claim under those Sections shall be reimbursed on September
6 30 of the next fiscal year. Payments required to eliminate
7 any insufficiency for prior fiscal year claims shall be made
8 before any claims are paid for the current fiscal year.
9 (Source: P.A. 88-641, eff. 9-9-94; 89-397, eff. 8-20-95.)
10 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
11 Sec. 14-13.01. Reimbursement payable by State; Amounts.
12 Reimbursement for furnishing special educational facilities
13 in a recognized school to the type of children defined in
14 Section 14-1.02 shall be paid to the school districts in
15 accordance with Section 14-12.01 for each school year ending
16 June 30 by the State Comptroller out of any money in the
17 treasury appropriated for such purposes on the presentation
18 of vouchers by the State Board of Education.
19 The reimbursement shall be limited to funds expended for
20 construction and maintenance of special education facilities
21 designed and utilized to house instructional programs,
22 diagnostic services, other special education services for
23 children with disabilities and reimbursement as provided in
24 Section 14-13.01. There shall be no reimbursement for
25 construction and maintenance of any administrative facility
26 separated from special education facilities designed and
27 utilized to house instructional programs, diagnostic services
28 and other special education services for children with
29 disabilities.
30 (a) For children who have not been identified as
31 eligible for special education and for eligible children with
32 physical disabilities, including all eligible children whose
33 placement has been determined under Section 14-8.02 in
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1 hospital or home instruction, 1/2 of the teacher's salary but
2 not more than the lesser of (i) $1,000 annually per child or
3 (ii) $9,075 $8,000 per teacher for the 1998-1999 1985-1986
4 school year and $9,350 per teacher for the 1999-2000 school
5 year and thereafter, whichever is less. Children to be
6 included in any reimbursement under this paragraph must
7 regularly receive a minimum of one hour of instruction each
8 school day, or in lieu thereof of a minimum of 5 hours of
9 instruction in each school week in order to qualify for full
10 reimbursement under this Section. If the attending physician
11 for such a child has certified that the child should not
12 receive as many as 5 hours of instruction in a school week,
13 however, reimbursement under this paragraph on account of
14 that child shall be computed proportionate to the actual
15 hours of instruction per week for that child divided by 5.
16 (b) For children described in Section 14-1.02, 4/5 of
17 the cost of transportation for each such child, whom the
18 State Superintendent of Education determined in advance
19 requires special transportation service in order to take
20 advantage of special educational facilities. Transportation
21 costs shall be determined in the same fashion as provided in
22 Section 29-5. For purposes of this subsection (b), the dates
23 for processing claims specified in Section 29-5 shall apply.
24 (c) For each professional worker, excluding those
25 included in subparagraphs (a), (d), (e), and (f) of this
26 Section, the annual sum of $9,075 $8,000 for the 1998-1999
27 1985-1986 school year and $9,350 for the 1999-2000 school
28 year and thereafter.
29 (d) For one full time qualified director of the special
30 education program of each school district which maintains a
31 fully approved program of special education the annual sum of
32 $9,075 $8,000 for the 1998-1999 1985-1986 school year and
33 $9,350 for the 1999-2000 school year and thereafter.
34 Districts participating in a joint agreement special
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1 education program shall not receive such reimbursement if
2 reimbursement is made for a director of the joint agreement
3 program.
4 (e) For each school psychologist as defined in Section
5 14-1.09 the annual sum of $9,075 $8,000 for the 1998-1999
6 1985-1986 school year and $9,350 for the 1999-2000 school
7 year and thereafter.
8 (f) For each qualified teacher working in a fully
9 approved program for children of preschool age who are deaf
10 or hard-of-hearing the annual sum of $9,075 $8,000 for the
11 1998-1999 1985-1986 school year and $9,350 for the 1999-2000
12 school year and thereafter.
13 (g) For readers, working with blind or partially seeing
14 children 1/2 of their salary but not more than $400 annually
15 per child. Readers may be employed to assist such children
16 and shall not be required to be certified but prior to
17 employment shall meet standards set up by the State Board of
18 Education.
19 (h) For necessary non-certified employees working in any
20 class or program for children defined in this Article, 1/2 of
21 the salary paid or $2,800 annually per employee, whichever is
22 less.
23 The State Board of Education shall set standards and
24 prescribe rules for determining the allocation of
25 reimbursement under this section on less than a full time
26 basis and for less than a school year.
27 When any school district eligible for reimbursement under
28 this Section operates a school or program approved by the
29 State Superintendent of Education for a number of days in
30 excess of the adopted school calendar but not to exceed 235
31 school days, such reimbursement shall be increased by 1/185
32 of the amount or rate paid hereunder for each day such school
33 is operated in excess of 185 days per calendar year.
34 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
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1 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
2 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
3 Sec. 18-4.3. Summer school grants. Grants shall be
4 determined for pupil attendance in summer schools conducted
5 under Sections 10-22.33A and 34-18 and approved under Section
6 2-3.25 in the following manner.
7 The amount of grant for each accredited summer school
8 attendance pupil shall be obtained by dividing the total
9 amount of apportionments determined under Section 18-8 or
10 Section 18-8.05 by the actual number of pupils in average
11 daily attendance used for such apportionments. The number of
12 credited summer school attendance pupils shall be determined
13 (a) by counting clock hours of class instruction by pupils
14 enrolled in grades 1 through 12 in approved courses conducted
15 at least 60 clock hours in summer sessions; (b) by dividing
16 such total of clock hours of class instruction by 4 to
17 produce days of credited pupil attendance; (c) by dividing
18 such days of credited pupil attendance by the actual number
19 of days in the regular term as used in computation in the
20 general apportionment in Section 18-8; and (d) by multiplying
21 by 1.25.
22 The amount of the grant for a summer school program
23 approved by the State Superintendent of Education for
24 children with disabilities, as defined in Sections 14-1.02
25 through 14-1.07, shall be determined in the manner contained
26 above except that average daily membership shall be utilized
27 in lieu of average daily attendance.
28 In the case of an apportionment based on summer school
29 attendance or membership pupils, the claim therefor shall be
30 presented as a separate claim for the particular school year
31 in which such summer school session ends. On or before
32 October 15 of each year the superintendent of each eligible
33 school district shall certify to the regional superintendent
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1 the claim of the district for the summer session just ended.
2 Failure on the part of the school board to so certify shall
3 constitute a forfeiture of its right to such payment. The
4 regional superintendent shall certify to the State
5 Superintendent of Education no later than November 1 the
6 regional report of claims for summer school. The State
7 Superintendent of Education shall transmit to the Comptroller
8 no later than December 15th of each year vouchers for payment
9 of amounts due school districts for summer school. The State
10 Superintendent of Education shall direct the Comptroller to
11 draw his warrants for payments thereof by the 30th day of
12 December. If the money appropriated by the General Assembly
13 for such purpose for any year is insufficient, it shall be
14 apportioned on the basis of claims approved.
15 However, notwithstanding the foregoing provisions, for
16 each fiscal year the money appropriated by the General
17 Assembly for the purposes of this Section shall only be used
18 for grants for approved summer school programs for those
19 children with disabilities served pursuant to Sections
20 14-7.02 and 14-7.02a of the School Code.
21 (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)
22 Section 99. Effective date. This Act takes effect July
23 1, 1998.