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90_SB1936
New Act
Creates the Public School Reimbursement Claims Continuing
Appropriation Act. Requires the General Assembly, beginning
with FY99, to appropriate sufficient moneys to pay the full
amount of all approved reimbursement claims filed by school
districts that provide specified, required special education,
bilingual education, summer school, and transportation
programs and services. Provides that if the General Assembly
fails to appropriate an amount sufficient to pay those
approved reimbursement claims in full in any such fiscal
year, that the Act constitutes an irrevocable and continuing
appropriation from the General Revenue Fund of all amounts
necessary for that purpose. Effective immediately.
LRB9011689THpk
LRB9011689THpk
1 AN ACT relating to the payment of school district
2 reimbursement claims.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Public School Reimbursement Claims Continuing Appropriation
7 Act.
8 Section 5. Funding for required public school programs.
9 The General Assembly shall annually make appropriations to
10 the State Board of Education for fiscal year 1999 and each
11 fiscal year thereafter sufficient to pay the full amount of
12 all approved reimbursement claims filed by school districts
13 for any such fiscal year for programs and services provided
14 by those districts that are reimbursable under any of the
15 following provisions of the School Code: (i) Section 14-7.02
16 relating to reimbursement of tuition payments for children
17 with disabilities who attend private schools, public
18 out-of-state schools, public school residential facilities,
19 or private special education facilities; (ii) Section
20 14-7.02a relating to reimbursement for a portion of the costs
21 of educating a child requiring extraordinary special
22 education services and facilities; (iii) Section 14-7.03
23 relating to reimbursement for special education classes for
24 children from orphanages, foster family homes, children's
25 homes, or State housing units; (iv) Section 14-13.01 relating
26 to reimbursement based upon personnel salary and
27 transportation costs incurred by a district in furnishing
28 special educational facilities in a recognized school to
29 children with disabilities; (v) Section 14C-12 relating to
30 reimbursement claims for transitional bilingual education
31 programs; (vi) Section 18-3 relating to reimbursement of the
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1 annual tuition cost for children who attend a district's
2 schools and who are from a home for orphaned, dependent,
3 abandoned, or maladjusted children maintained by an
4 organization or association admitting to such home children
5 from the State in general or who are from housing
6 accommodations within the school district that are maintained
7 on State property on which a welfare or penal institution is
8 located; (vii) Section 18-4.3 relating to those grant claims
9 that are based upon operation of an approved summer school
10 program for children with disabilities; and (viii) Section
11 29-5 relating to reimbursement for pupil transportation
12 costs. Notwithstanding any other law to the contrary, the
13 State Board of Education shall have no authority to reduce
14 the full amount of an approved reimbursement claim made by a
15 school district in accordance with any Section of the School
16 Code referred to in this Section 5 in order to conform the
17 aggregate amount of the approved reimbursement claims made by
18 all school districts under that Section for a fiscal year to
19 the aggregate amount appropriated by the General Assembly for
20 that purpose for that fiscal year.
21 Section 10. Continuing appropriation. If the General
22 Assembly fails to make appropriations to the State Board of
23 Education in fiscal year 1999 or any fiscal year thereafter
24 sufficient to fund and pay the full amount of all approved
25 reimbursement claims filed by school districts for any such
26 fiscal year under any Section of the School Code referred to
27 in Section 5, then this Section shall constitute an
28 irrevocable and continuing appropriation from the General
29 Revenue Fund of all amounts necessary for that purpose.
30 Section 99. Effective date. This Act takes effect upon
31 becoming a law.