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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3690 Introduced , by Rep. Sandra M. Pihos SYNOPSIS AS INTRODUCED:
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| 105 ILCS 5/1C-1 | | 105 ILCS 5/14-7.02b | | 105 ILCS 5/14-7.05 | | 105 ILCS 5/Art. 1D rep. | |
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Amends the School Code. Removes language that provides that the Block Grants Article does not apply to the Chicago school district. Repeals the Block Grants for Chicago Article. Makes related changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The School Code is amended by changing Sections |
| 5 | | 1C-1, 14-7.02b, and 14-7.05 as follows:
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| 6 | | (105 ILCS 5/1C-1)
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| 7 | | Sec. 1C-1. Purpose. The purpose of this Article is to |
| 8 | | permit greater
flexibility and efficiency in the distribution |
| 9 | | and use of certain State funds
available to
local education |
| 10 | | agencies for the improvement of the quality of educational
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| 11 | | services pursuant to locally established priorities.
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| 12 | | This Article does not apply to school districts having a |
| 13 | | population in excess
of 500,000 inhabitants.
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| 14 | | (Source: P.A. 88-555, eff. 7-27-94; 89-15, eff. 5-30-95; |
| 15 | | 89-397, eff.
8-20-95; 89-626, eff. 8-9-96.)
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| 16 | | (105 ILCS 5/14-7.02b)
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| 17 | | Sec. 14-7.02b. Funding for children requiring special |
| 18 | | education services.
Payments to school districts for children |
| 19 | | requiring
special education services documented in their |
| 20 | | individualized education
program regardless of the program |
| 21 | | from which these services are received,
excluding children |
| 22 | | claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
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| 1 | | be made in accordance with this Section. Funds received under |
| 2 | | this Section
may be used only for the provision of special |
| 3 | | educational facilities and
services as defined in Section |
| 4 | | 14-1.08 of this Code.
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| 5 | | The appropriation for fiscal year 2005 and thereafter shall |
| 6 | | be based upon
the IDEA child count of all students in the |
| 7 | | State, excluding students
claimed under Sections 14-7.02 and |
| 8 | | 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
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| 9 | | preceding, multiplied by 17.5% of the general State aid
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| 10 | | foundation level of support established for that fiscal year |
| 11 | | under Section
18-8.05 of
this Code.
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| 12 | | Beginning with fiscal year 2005 and through fiscal year |
| 13 | | 2007, individual school districts
shall not receive payments |
| 14 | | under this Section totaling less than they received
under the
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| 15 | | funding authorized under Section 14-7.02a of this Code
during |
| 16 | | fiscal year 2004, pursuant to the provisions of Section |
| 17 | | 14-7.02a as they
were in effect before the effective date of |
| 18 | | this amendatory Act of the 93rd
General Assembly. This base |
| 19 | | level funding shall be computed first.
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| 20 | | Beginning with fiscal year 2008 and each fiscal year |
| 21 | | thereafter, individual school districts must not receive |
| 22 | | payments under this Section totaling less than they received in |
| 23 | | fiscal year 2007. This funding shall be computed last and shall |
| 24 | | be a separate calculation from any other calculation set forth |
| 25 | | in this Section. This amount is exempt from the requirements of |
| 26 | | Section 1D-1 of this Code.
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| 1 | | An amount equal to 85% of the funds remaining in the |
| 2 | | appropriation shall be allocated to school districts based upon |
| 3 | | the
district's average daily attendance reported for purposes |
| 4 | | of Section
18-8.05 of this Code for the preceding school year. |
| 5 | | Fifteen percent of the
funds
remaining in the appropriation
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| 6 | | shall be allocated to school districts based upon the |
| 7 | | district's low income
eligible pupil count used in the |
| 8 | | calculation of general State aid under Section
18-8.05 of this |
| 9 | | Code for the same fiscal year. One hundred percent of the
funds
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| 10 | | computed and allocated to districts under this Section shall be |
| 11 | | distributed and
paid to school districts.
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| 12 | | For individual
students with disabilities whose program |
| 13 | | costs exceed 4 times the
district's per capita tuition rate
as |
| 14 | | calculated under Section 10-20.12a of this Code, the costs in |
| 15 | | excess
of 4 times the district's per capita tuition rate shall |
| 16 | | be paid by the State
Board of Education from unexpended IDEA |
| 17 | | discretionary funds originally
designated for room and board |
| 18 | | reimbursement pursuant to Section
14-8.01 of this Code. The |
| 19 | | amount of tuition for these children shall be
determined by the |
| 20 | | actual cost of maintaining classes for these children,
using |
| 21 | | the per
capita cost formula set forth in Section 14-7.01 of |
| 22 | | this Code, with the
program and cost being pre-approved by the |
| 23 | | State Superintendent of
Education. Reimbursement for |
| 24 | | individual students with disabilities whose program costs |
| 25 | | exceed 4 times the district's per capita tuition rate shall be |
| 26 | | claimed beginning with costs encumbered for the 2004-2005 |
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| 1 | | school year and thereafter.
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| 2 | | The State Board of Education shall prepare vouchers equal |
| 3 | | to one-fourth the
amount allocated to districts, for |
| 4 | | transmittal
to the State Comptroller on the 30th day of |
| 5 | | September, December, and March,
respectively, and the final |
| 6 | | voucher, no later than June 20. The Comptroller
shall make |
| 7 | | payments pursuant to this Section to school districts as soon |
| 8 | | as possible after receipt of vouchers. If the money
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| 9 | | appropriated from the General Assembly for such purposes for |
| 10 | | any year is
insufficient, it shall be apportioned on the basis |
| 11 | | of the payments due to
school districts.
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| 12 | | Nothing in this Section shall be construed to decrease or |
| 13 | | increase the
percentage of all special education funds that are |
| 14 | | allocated annually
under Article 1D of this Code
or to alter |
| 15 | | the requirement that a
school district provide special |
| 16 | | education services.
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| 17 | | Nothing in this amendatory Act of the 93rd General Assembly |
| 18 | | shall
eliminate any reimbursement obligation owed as of the |
| 19 | | effective date of this
amendatory Act of the 93rd General |
| 20 | | Assembly to a school district with in excess
of 500,000 |
| 21 | | inhabitants.
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| 22 | | (Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.)
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| 23 | | (105 ILCS 5/14-7.05)
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| 24 | | Sec. 14-7.05. Placement in residential facility; payment |
| 25 | | of educational costs. For any student with a disability in a |
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| 1 | | residential facility placement made or paid for by an Illinois |
| 2 | | public State agency or made by any court in this State, the |
| 3 | | school district of residence as determined pursuant to this |
| 4 | | Article is responsible for the costs of educating the child and |
| 5 | | shall be reimbursed for those costs in accordance with this |
| 6 | | Code. Subject to this Section and relevant State appropriation, |
| 7 | | the resident district's financial responsibility and |
| 8 | | reimbursement must be calculated in accordance with the |
| 9 | | provisions of Section 14-7.02 of this Code. In those instances |
| 10 | | in which a district receives a block grant pursuant to Article |
| 11 | | 1D of this Code, the district's financial responsibility is |
| 12 | | limited to the actual educational costs of the placement, which |
| 13 | | must be paid by the district from its block grant |
| 14 | | appropriation. Resident district financial responsibility and |
| 15 | | reimbursement applies for both residential facilities that are |
| 16 | | approved by the State Board of Education and non-approved |
| 17 | | facilities, subject to the requirements of this Section. The |
| 18 | | Illinois placing agency or court remains responsible for |
| 19 | | funding the residential portion of the placement and for |
| 20 | | notifying the resident district prior to the placement, except |
| 21 | | in emergency situations. The residential facility in which the |
| 22 | | student is placed shall notify the resident district of the |
| 23 | | student's enrollment as soon as practicable after the |
| 24 | | placement. Failure of the placing agency or court to notify the |
| 25 | | resident district prior to the placement does not absolve the |
| 26 | | resident district of financial responsibility for the |
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| 1 | | educational costs of the placement; however, the resident |
| 2 | | district shall not become financially responsible unless and |
| 3 | | until it receives written notice of the placement by either the |
| 4 | | placing agency, court, or residential facility. The placing |
| 5 | | agency or parent shall request an individualized education |
| 6 | | program (IEP) meeting from the resident district if the |
| 7 | | placement would entail additional educational services beyond |
| 8 | | the student's current IEP. The district of residence shall |
| 9 | | retain control of the IEP process, and any changes to the IEP |
| 10 | | must be done in compliance with the federal Individuals with |
| 11 | | Disabilities Education Act. |
| 12 | | Payments shall be made by the resident district to the |
| 13 | | entity providing the educational services, whether the entity |
| 14 | | is the residential facility or the school district wherein the |
| 15 | | facility is located, no less than once per quarter unless |
| 16 | | otherwise agreed to in writing by the parties. |
| 17 | | A residential facility providing educational services |
| 18 | | within the facility, but not approved by the State Board of |
| 19 | | Education, is required to demonstrate proof to the State Board |
| 20 | | of (i) appropriate certification of teachers for the student |
| 21 | | population, (ii) age-appropriate curriculum, (iii) enrollment |
| 22 | | and attendance data, and (iv) the ability to implement the |
| 23 | | child's IEP. A school district is under no obligation to pay |
| 24 | | such a residential facility unless and until such proof is |
| 25 | | provided to the State Board's satisfaction. |
| 26 | | When a dispute arises over the determination of the |
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| 1 | | district of residence under this Section, any person or entity, |
| 2 | | including without limitation a school district or residential |
| 3 | | facility, may make a written request for a residency decision |
| 4 | | to the State Superintendent of Education, who, upon review of |
| 5 | | materials submitted and any other items of information he or |
| 6 | | she may request for submission, shall issue his or her decision |
| 7 | | in writing. The decision of the State Superintendent of |
| 8 | | Education is final.
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| 9 | | (Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
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| 10 | | (105 ILCS 5/Art. 1D rep.) |
| 11 | | Section 10. The School Code is amended by repealing Article |
| 12 | | 1D.
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| 13 | | Section 99. Effective date. This Act takes effect upon |
| 14 | | becoming law.
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