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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, |
3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Section |
5 | | 14-7.02b as follows:
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6 | | (105 ILCS 5/14-7.02b)
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7 | | Sec. 14-7.02b. Funding for children requiring special |
8 | | education services.
Payments to school districts for children |
9 | | requiring
special education services documented in their |
10 | | individualized education
program regardless of the program |
11 | | from which these services are received,
excluding children |
12 | | claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
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13 | | be made in accordance with this Section. Funds received under |
14 | | this Section
may be used only for the provision of special |
15 | | educational facilities and
services as defined in Section |
16 | | 14-1.08 of this Code.
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17 | | The appropriation for fiscal year 2005 and thereafter shall |
18 | | be based upon
the IDEA child count of all students in the |
19 | | State, excluding students
claimed under Sections 14-7.02 and |
20 | | 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
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21 | | preceding, multiplied by 17.5% of the general State aid
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22 | | foundation level of support established for that fiscal year |
23 | | under Section
18-8.05 of
this Code.
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1 | | Beginning with fiscal year 2005 and through fiscal year |
2 | | 2007, individual school districts
shall not receive payments |
3 | | under this Section totaling less than they received
under the
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4 | | funding authorized under Section 14-7.02a of this Code
during |
5 | | fiscal year 2004, pursuant to the provisions of Section |
6 | | 14-7.02a as they
were in effect before the effective date of |
7 | | this amendatory Act of the 93rd
General Assembly. This base |
8 | | level funding shall be computed first.
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9 | | Beginning with fiscal year 2008 and each fiscal year |
10 | | thereafter, individual school districts must not receive |
11 | | payments under this Section totaling less than they received in |
12 | | fiscal year 2007. This funding shall be computed last and shall |
13 | | be a separate calculation from any other calculation set forth |
14 | | in this Section. This amount is exempt from the requirements of |
15 | | Section 1D-1 of this Code. Beginning with fiscal year 2014 and |
16 | | each fiscal year thereafter, if the State authorizes the |
17 | | conduct of electronic gaming or authorizes owners licenses |
18 | | under the Riverboat Gambling Act in addition to the 10 initial |
19 | | licenses authorized under subsection (e) of Section 7 of the |
20 | | Riverboat Gambling Act, $15,000,000 in gaming revenues |
21 | | deposited into the Education Assistance Fund from the State |
22 | | Gaming Fund shall be used by the State Board of Education for |
23 | | the purpose of making the hold harmless payments authorized in |
24 | | this paragraph. |
25 | | An amount equal to 85% of the funds remaining in the |
26 | | appropriation shall be allocated to school districts based upon |
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1 | | the
district's average daily attendance reported for purposes |
2 | | of Section
18-8.05 of this Code for the preceding school year. |
3 | | Fifteen percent of the
funds
remaining in the appropriation
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4 | | shall be allocated to school districts based upon the |
5 | | district's low income
eligible pupil count used in the |
6 | | calculation of general State aid under Section
18-8.05 of this |
7 | | Code for the same fiscal year. One hundred percent of the
funds
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8 | | computed and allocated to districts under this Section shall be |
9 | | distributed and
paid to school districts.
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10 | | For individual
students with disabilities whose program |
11 | | costs exceed 4 times the
district's per capita tuition rate
as |
12 | | calculated under Section 10-20.12a of this Code, the costs in |
13 | | excess
of 4 times the district's per capita tuition rate shall |
14 | | be paid by the State
Board of Education from unexpended IDEA |
15 | | discretionary funds originally
designated for room and board |
16 | | reimbursement pursuant to Section
14-8.01 of this Code. The |
17 | | amount of tuition for these children shall be
determined by the |
18 | | actual cost of maintaining classes for these children,
using |
19 | | the per
capita cost formula set forth in Section 14-7.01 of |
20 | | this Code, with the
program and cost being pre-approved by the |
21 | | State Superintendent of
Education. Reimbursement for |
22 | | individual students with disabilities whose program costs |
23 | | exceed 4 times the district's per capita tuition rate shall be |
24 | | claimed beginning with costs encumbered for the 2004-2005 |
25 | | school year and thereafter.
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26 | | The State Board of Education shall prepare vouchers equal |
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1 | | to one-fourth the
amount allocated to districts, for |
2 | | transmittal
to the State Comptroller on the 30th day of |
3 | | September, December, and March,
respectively, and the final |
4 | | voucher, no later than June 20. The Comptroller
shall make |
5 | | payments pursuant to this Section to school districts as soon |
6 | | as possible after receipt of vouchers. If the money
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7 | | appropriated from the General Assembly for such purposes for |
8 | | any year is
insufficient, it shall be apportioned on the basis |
9 | | of the payments due to
school districts.
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10 | | Nothing in this Section shall be construed to decrease or |
11 | | increase the
percentage of all special education funds that are |
12 | | allocated annually
under Article 1D of this Code
or to alter |
13 | | the requirement that a
school district provide special |
14 | | education services.
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15 | | Nothing in this amendatory Act of the 93rd General Assembly |
16 | | shall
eliminate any reimbursement obligation owed as of the |
17 | | effective date of this
amendatory Act of the 93rd General |
18 | | Assembly to a school district with in excess
of 500,000 |
19 | | inhabitants.
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20 | | (Source: P.A. 93-1022, eff. 8-24-08. 95-705, eff. 1-8-08.)
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