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91_HB1730
LRB9101979NTsb
1 AN ACT to amend the School Code by changing Sections
2 14-7.02, 14-7.02a, 14-12.01, 14-13.01, and 18-4.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 14-7.02, 14-7.02a, 14-12.01, 14-13.01, and 18-4.3 as
7 follows:
8 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
9 Sec. 14-7.02. Children attending private schools, public
10 out-of-state schools, public school residential facilities or
11 private special education facilities. The General Assembly
12 recognizes that non-public schools or special education
13 facilities provide an important service in the educational
14 system in Illinois.
15 If because of his or her disability the special education
16 program of a district is unable to meet the needs of a child
17 and the child attends a non-public school or special
18 education facility, a public out-of-state school or a special
19 education facility owned and operated by a county government
20 unit that provides special educational services required by
21 the child and is in compliance with the appropriate rules and
22 regulations of the State Superintendent of Education, the
23 school district in which the child is a resident shall pay
24 the actual cost of tuition for special education and related
25 services provided during the regular school term and during
26 the summer school term if the child's educational needs so
27 require, excluding room, board and transportation costs
28 charged the child by that non-public school or special
29 education facility, public out-of-state school or county
30 special education facility, or $4,500 per year, whichever is
31 less, and shall provide him any necessary transportation.
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1 "Nonpublic special education facility" shall include a
2 residential facility, within or without the State of
3 Illinois, which provides special education and related
4 services to meet the needs of the child by utilizing private
5 schools or public schools, whether located on the site or off
6 the site of the residential facility.
7 The State Board of Education shall promulgate rules and
8 regulations for determining when placement in a private
9 special education facility is appropriate. Such rules and
10 regulations shall take into account the various types of
11 services needed by a child and the availability of such
12 services to the particular child in the public school. In
13 developing these rules and regulations the State Board of
14 Education shall consult with the Advisory Council on
15 Education of Children with Disabilities and hold public
16 hearings to secure recommendations from parents, school
17 personnel, and others concerned about this matter.
18 The State Board of Education shall also promulgate rules
19 and regulations for transportation to and from a residential
20 school. Transportation to and from home to a residential
21 school more than once each school term shall be subject to
22 prior approval by the State Superintendent in accordance with
23 the rules and regulations of the State Board.
24 A school district making tuition payments pursuant to
25 this Section is eligible for reimbursement from the State for
26 the amount of such payments actually made in excess of the
27 district per capita tuition charge for students not receiving
28 special education services. Such reimbursement shall be
29 approved in accordance with Section 14-12.01 and each
30 district shall file its claims, computed in accordance with
31 rules prescribed by the State Board of Education, with the
32 regional superintendent of schools on or before August 1, for
33 approval on forms prescribed by the State Superintendent of
34 Education. Data used as a basis of reimbursement claims
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1 shall be for the preceding regular school term and summer
2 school term. The regional superintendent of schools shall
3 approve the claims as to form and transmit the claims to the
4 State Board of Education on or before August 15. The State
5 Board of Education, before approving any such claims, shall
6 determine their accuracy and whether they are based upon
7 services and facilities provided under approved programs.
8 Upon approval the State Board shall cause vouchers to be
9 prepared showing the amount due for payment of reimbursement
10 claims to school districts, for transmittal to the State
11 Comptroller on the 30th day of September, December, and
12 March, respectively, and the final voucher, no later than
13 June 20. If the money appropriated by the General Assembly
14 for such purpose for any year is insufficient, it shall be
15 apportioned on the basis of the claims approved.
16 No child shall be placed in a special education program
17 pursuant to this Section if the tuition cost for special
18 education and related services increases more than 10 percent
19 over the tuition cost for the previous school year or exceeds
20 $4,500 per year unless such costs have been approved by the
21 Illinois Purchased Care Review Board. The Illinois
22 Purchased Care Review Board shall consist of the following
23 persons, or their designees: the Directors of Children and
24 Family Services, Public Health, Public Aid, and the Bureau of
25 the Budget; the Secretary of Human Services; the State
26 Superintendent of Education; and such other persons as the
27 Governor may designate. The Review Board shall establish
28 rules and regulations for its determination of allowable
29 costs and payments made by local school districts for special
30 education, room and board, and other related services
31 provided by non-public schools or special education
32 facilities and shall establish uniform standards and criteria
33 which it shall follow.
34 The Review Board shall establish uniform definitions and
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1 criteria for accounting separately by special education, room
2 and board and other related services costs. The Board shall
3 also establish guidelines for the coordination of services
4 and financial assistance provided by all State agencies to
5 assure that no otherwise qualified disabled child receiving
6 services under Article 14 shall be excluded from
7 participation in, be denied the benefits of or be subjected
8 to discrimination under any program or activity provided by
9 any State agency.
10 The Review Board shall review the costs for special
11 education and related services provided by non-public schools
12 or special education facilities and shall approve or
13 disapprove such facilities in accordance with the rules and
14 regulations established by it with respect to allowable
15 costs.
16 The State Board of Education shall provide administrative
17 and staff support for the Review Board as deemed reasonable
18 by the State Superintendent of Education. This support shall
19 not include travel expenses or other compensation for any
20 Review Board member other than the State Superintendent of
21 Education.
22 The Review Board shall seek the advice of the Advisory
23 Council on Education of Children with Disabilities on the
24 rules and regulations to be promulgated by it relative to
25 providing special education services.
26 If a child has been placed in a program in which the
27 actual per pupil costs of tuition for special education and
28 related services based on program enrollment, excluding room,
29 board and transportation costs, exceed $4,500 and such costs
30 have been approved by the Review Board, the district shall
31 pay such total costs which exceed $4,500. A district making
32 such tuition payments in excess of $4,500 pursuant to this
33 Section shall be responsible for an amount in excess of
34 $4,500 equal to the district per capita tuition charge and
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1 shall be eligible for reimbursement from the State for the
2 amount of such payments actually made in excess of the
3 districts per capita tuition charge for students not
4 receiving special education services.
5 If a child has been placed in an approved individual
6 program and the tuition costs including room and board costs
7 have been approved by the Review Board, then such room and
8 board costs shall be paid by the appropriate State agency
9 subject to the provisions of Section 14-8.01 of this Act.
10 Room and board costs not provided by a State agency other
11 than the State Board of Education shall be provided by the
12 State Board of Education on a current basis. In no event,
13 however, shall the State's liability for funding of these
14 tuition costs begin until after the legal obligations of
15 third party payors have been subtracted from such costs. If
16 the money appropriated by the General Assembly for such
17 purpose for any year is insufficient, it shall be apportioned
18 on the basis of the claims approved. Each district shall
19 submit estimated claims to the regional superintendent of
20 schools for transmittal to the State Superintendent of
21 Education. Upon approval of such claims, the State
22 Superintendent of Education shall direct the State
23 Comptroller to make payments on a monthly basis. The
24 frequency for submitting estimated claims and the method of
25 determining payment shall be prescribed in rules and
26 regulations adopted by the State Board of Education. Such
27 current state reimbursement shall be reduced by an amount
28 equal to the proceeds which the child or child's parents are
29 eligible to receive under any public or private insurance or
30 assistance program. Nothing in this Section shall be
31 construed as relieving an insurer or similar third party from
32 an otherwise valid obligation to provide or to pay for
33 services provided to a disabled child.
34 If it otherwise qualifies, a school district is eligible
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1 for the transportation reimbursement under Section 14-13.01
2 and for the reimbursement of tuition payments under this
3 Section whether the non-public school or special education
4 facility, public out-of-state school or county special
5 education facility, attended by a child who resides in that
6 district and requires special educational services, is within
7 or outside of the State of Illinois. However, a district is
8 not eligible to claim transportation reimbursement under this
9 Section unless the district certifies to the State
10 Superintendent of Education that the district is unable to
11 provide special educational services required by the child
12 for the current school year.
13 Nothing in this Section authorizes the reimbursement of a
14 school district for the amount paid for tuition of a child
15 attending a non-public school or special education facility,
16 public out-of-state school or county special education
17 facility unless the school district certifies to the State
18 Superintendent of Education that the special education
19 program of that district is unable to meet the needs of that
20 child because of his disability and the State Superintendent
21 of Education finds that the school district is in substantial
22 compliance with Section 14-4.01.
23 Any educational or related services provided, pursuant to
24 this Section in a non-public school or special education
25 facility or a special education facility owned and operated
26 by a county government unit shall be at no cost to the parent
27 or guardian of the child. However, current law and practices
28 relative to contributions by parents or guardians for costs
29 other than educational or related services are not affected
30 by this amendatory Act of 1978.
31 Reimbursement for children attending public school
32 residential facilities shall be made in accordance with the
33 provisions of this Section.
34 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
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1 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
2 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
3 (105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a)
4 Sec. 14-7.02a. Children requiring extraordinary special
5 education services and facilities. A school district
6 providing for a child requiring extraordinary special
7 education services because of the nature of his disability is
8 eligible for reimbursement from the State if the cost of
9 educating that child is computed, as set forth in Section
10 14-7.01, to be in excess of one and one-half times the
11 district per capita tuition charge for the prior year. Such
12 costs beyond one per capita tuition charge shall be
13 reimbursed, up to a maximum of $2,500 $2,000.
14 A child is deemed to require extraordinary special
15 education services and facilities under the following
16 conditions:
17 1) the school district has determined that the
18 child requires extraordinary special education facilities
19 pursuant to the multidisciplinary case study and the
20 individualized education program;
21 2) the school district maintains adequate cost
22 accounting to document the per capita cost of special
23 education; and
24 3) the school district submits approval and claim
25 data annually for each eligible child.
26 Extraordinary special education services provided on a
27 one-half day basis shall only be reimbursed at a rate of
28 one-half the amount otherwise provided herein.
29 (Source: P.A. 88-16.)
30 (105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
31 Sec. 14-12.01. Account of expenditures - Cost report -
32 Reimbursement. Each school board shall keep an accurate,
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1 detailed and separate account of all monies paid out by it
2 for the maintenance of each of the types of facilities,
3 classes and schools authorized by this Article for the
4 instruction and care of pupils attending them and for the
5 cost of their transportation, and shall annually report
6 thereon indicating the cost of each such elementary or high
7 school pupil for the school year ending June 30.
8 Applications for preapproval for reimbursement for costs
9 of special education must be first submitted through the
10 office of the regional superintendent of schools to the State
11 Superintendent of Education on or before 30 days after a
12 special class or service is started. Applications shall set
13 forth a plan for special education established and maintained
14 in accordance with this Article. Such applications shall be
15 limited to the cost of construction and maintenance of
16 special education facilities designed and utilized to house
17 instructional programs, diagnostic services, other special
18 education services for children with disabilities and
19 reimbursement as provided in Section 14-13.01. Such
20 application shall not include the cost of construction or
21 maintenance of any administrative facility separated from
22 special education facilities designed and utilized to house
23 instructional programs, diagnostic services, and other
24 special education services for children with disabilities.
25 Reimbursement claims for special education shall be made as
26 follows:
27 Each district shall file its claim computed in accordance
28 with rules prescribed by the State Board of Education with
29 the regional superintendent of schools, in triplicate, on or
30 before August 1, for approval on forms prescribed by the
31 State Superintendent of Education. Data used as a basis of
32 reimbursement claims shall be for the school year ended on
33 June 30 preceding. The regional superintendent of schools
34 shall check and upon approval provide the State
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1 Superintendent of Education with the original and one copy of
2 the claims on or before August 15. The State Superintendent
3 of Education before approving any such claims shall determine
4 their accuracy and whether they are based upon services and
5 facilities provided under approved programs. Upon approval,
6 vouchers for the amounts due the respective districts shall
7 be prepared and submitted during each fiscal year as follows:
8 the first 3 vouchers shall be prepared by the State
9 Superintendent of Education and transmitted to the
10 Comptroller on the 30th day of September, December and March,
11 respectively, and the final voucher, no later than June 20.
12 If, after preparation and transmittal of the September 30
13 vouchers, any claim has been redetermined by the State
14 Superintendent of Education, subsequent vouchers shall be
15 adjusted in amount to compensate for any overpayment or
16 underpayment previously made. If the money appropriated by
17 the General Assembly for such purpose for any year is
18 insufficient, it shall be apportioned on the basis of the
19 claims approved.
20 Claims received at the State Board of Education after
21 August 15 shall not be honored. Claims received by August 15
22 may be amended until November 30.
23 All reimbursement shall be paid at 100%. Recognizing the
24 needs of students with disabilities and the financial burden
25 upon the school districts in educating those students, the
26 General Assembly shall annually appropriate adequate funding
27 to reimburse at 100% of the cost of providing special
28 education. If there are any excess funds remaining from the
29 appropriation reimbursing all filed claims, the General
30 Assembly shall reappropriate those excess funds for other
31 educational purposes in that same fiscal year. Beginning
32 with the fiscal year 2000, if the amount appropriated for any
33 year is less than the amount required for purposes of this
34 Section and Sections 14-7.02 and 18-4.3, the amount required
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1 to eliminate any insufficient reimbursement for each district
2 claim under those Sections shall be reimbursed on September
3 30 of the next fiscal year. Payments required to eliminate
4 any insufficiency for prior fiscal year claims shall be made
5 before any claims are paid for the current fiscal year.
6 (Source: P.A. 88-641, eff. 9-9-94; 89-397, eff. 8-20-95.)
7 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
8 Sec. 14-13.01. Reimbursement payable by State; Amounts.
9 Reimbursement for furnishing special educational facilities
10 in a recognized school to the type of children defined in
11 Section 14-1.02 shall be paid to the school districts in
12 accordance with Section 14-12.01 for each school year ending
13 June 30 by the State Comptroller out of any money in the
14 treasury appropriated for such purposes on the presentation
15 of vouchers by the State Board of Education.
16 The reimbursement shall be limited to funds expended for
17 construction and maintenance of special education facilities
18 designed and utilized to house instructional programs,
19 diagnostic services, other special education services for
20 children with disabilities and reimbursement as provided in
21 Section 14-13.01. There shall be no reimbursement for
22 construction and maintenance of any administrative facility
23 separated from special education facilities designed and
24 utilized to house instructional programs, diagnostic services
25 and other special education services for children with
26 disabilities.
27 (a) For children who have not been identified as
28 eligible for special education and for eligible children with
29 physical disabilities, including all eligible children whose
30 placement has been determined under Section 14-8.02 in
31 hospital or home instruction, 1/2 of the teacher's salary but
32 not more than $1,000 annually per child or 22% of the State's
33 average teacher salary for the prior school year $8,000 per
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1 teacher for the 1999-2000 1985-1986 school year and
2 thereafter, whichever is less. Children to be included in
3 any reimbursement under this paragraph must regularly receive
4 a minimum of one hour of instruction each school day, or in
5 lieu thereof of a minimum of 5 hours of instruction in each
6 school week in order to qualify for full reimbursement under
7 this Section. If the attending physician for such a child
8 has certified that the child should not receive as many as 5
9 hours of instruction in a school week, however, reimbursement
10 under this paragraph on account of that child shall be
11 computed proportionate to the actual hours of instruction per
12 week for that child divided by 5.
13 (b) For children described in Section 14-1.02, 4/5 of
14 the cost of transportation for each such child, whom the
15 State Superintendent of Education determined in advance
16 requires special transportation service in order to take
17 advantage of special educational facilities. Transportation
18 costs shall be determined in the same fashion as provided in
19 Section 29-5. For purposes of this subsection (b), the dates
20 for processing claims specified in Section 29-5 shall apply.
21 (c) For each professional worker, excluding those
22 included in subparagraphs (a), (d), (e), and (f) of this
23 Section, the annual sum of 22% of the State's average teacher
24 salary for the prior school year $8,000 for the 1999-2000
25 1985-1986 school year and thereafter.
26 (d) For one full time qualified director of the special
27 education program of each school district which maintains a
28 fully approved program of special education the annual sum of
29 22% of the State's average teacher salary for the prior
30 school year $8,000 for the 1999-2000 1985-1986 school year
31 and thereafter. Districts participating in a joint agreement
32 special education program shall not receive such
33 reimbursement if reimbursement is made for a director of the
34 joint agreement program.
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1 (e) For each school psychologist as defined in Section
2 14-1.09 the annual sum of 22% of the State's average teacher
3 salary for the prior school year $8,000 for the 1999-2000
4 1985-1986 school year and thereafter.
5 (f) For each qualified teacher working in a fully
6 approved program for children of preschool age who are deaf
7 or hard-of-hearing the annual sum of 22% of the State's
8 average teacher salary for the prior school year $8,000 for
9 the 1999-2000 1985-1986 school year and thereafter.
10 (g) For readers, working with blind or partially seeing
11 children 1/2 of their salary but not more than $400 annually
12 per child. Readers may be employed to assist such children
13 and shall not be required to be certified but prior to
14 employment shall meet standards set up by the State Board of
15 Education.
16 (h) For necessary non-certified employees working in any
17 class or program for children defined in this Article, 1/2 of
18 the salary paid or $2,800 annually per employee, whichever is
19 less.
20 The State Board of Education shall set standards and
21 prescribe rules for determining the allocation of
22 reimbursement under this section on less than a full time
23 basis and for less than a school year.
24 When any school district eligible for reimbursement under
25 this Section operates a school or program approved by the
26 State Superintendent of Education for a number of days in
27 excess of the adopted school calendar but not to exceed 235
28 school days, such reimbursement shall be increased by 1/185
29 of the amount or rate paid hereunder for each day such school
30 is operated in excess of 185 days per calendar year.
31 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
32 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
33 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
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1 Sec. 18-4.3. Summer school grants. Grants shall be
2 determined for pupil attendance in summer schools conducted
3 under Sections 10-22.33A and 34-18 and approved under Section
4 2-3.25 in the following manner.
5 The amount of grant for each accredited summer school
6 attendance pupil shall be obtained by dividing the total
7 amount of apportionments determined under Section 18-8 or
8 Section 18-8.05 by the actual number of pupils in average
9 daily attendance used for such apportionments. The number of
10 credited summer school attendance pupils shall be determined
11 (a) by counting clock hours of class instruction by pupils
12 enrolled in grades 1 through 12 in approved courses conducted
13 at least 60 clock hours in summer sessions; (b) by dividing
14 such total of clock hours of class instruction by 4 to
15 produce days of credited pupil attendance; (c) by dividing
16 such days of credited pupil attendance by the actual number
17 of days in the regular term as used in computation in the
18 general apportionment in Section 18-8; and (d) by multiplying
19 by 1.25.
20 The amount of the grant for a summer school program
21 approved by the State Superintendent of Education for
22 children with disabilities, as defined in Sections 14-1.02
23 through 14-1.07, shall be determined in the manner contained
24 above except that average daily membership shall be utilized
25 in lieu of average daily attendance.
26 In the case of an apportionment based on summer school
27 attendance or membership pupils, the claim therefor shall be
28 presented as a separate claim for the particular school year
29 in which such summer school session ends. On or before
30 October 15 of each year the superintendent of each eligible
31 school district shall certify to the regional superintendent
32 the claim of the district for the summer session just ended.
33 Failure on the part of the school board to so certify shall
34 constitute a forfeiture of its right to such payment. The
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1 regional superintendent shall certify to the State
2 Superintendent of Education no later than November 1 the
3 regional report of claims for summer school. The State
4 Superintendent of Education shall transmit to the Comptroller
5 no later than December 15th of each year vouchers for payment
6 of amounts due school districts for summer school. The State
7 Superintendent of Education shall direct the Comptroller to
8 draw his warrants for payments thereof by the 30th day of
9 December. If the money appropriated by the General Assembly
10 for such purpose for any year is insufficient, it shall be
11 apportioned on the basis of claims approved.
12 However, notwithstanding the foregoing provisions, for
13 each fiscal year the money appropriated by the General
14 Assembly for the purposes of this Section shall only be used
15 for grants for approved summer school programs for those
16 children with disabilities served pursuant to Sections
17 14-7.02 and 14-7.02a of the School Code.
18 (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)
19 Section 99. Effective date. This Act takes effect July
20 1, 1999.