Bill Text: IL HB2406 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the School Code. Repeals the Block Grants for Chicago Article. Makes related changes. Effective July 1, 2017.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2406 Detail]

Download: Illinois-2017-HB2406-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2406 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED:
105 ILCS 5/14-7.02b
105 ILCS 5/14-7.05
105 ILCS 5/Art. 1D rep.
Amends the School Code. Repeals the Block Grants for Chicago Article. Makes related changes. Effective July 1, 2017.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
14-7.02b and 14-7.05 as follows:
(105 ILCS 5/14-7.02b)
Sec. 14-7.02b. Funding for children requiring special
education services. Payments to school districts for children
requiring special education services documented in their
individualized education program regardless of the program
from which these services are received, excluding children
claimed under Sections 14-7.02 and 14-7.03 of this Code, shall
be made in accordance with this Section. Funds received under
this Section may be used only for the provision of special
educational facilities and services as defined in Section
14-1.08 of this Code.
The appropriation for fiscal year 2005 and thereafter shall
be based upon the IDEA child count of all students in the
State, excluding students claimed under Sections 14-7.02 and
14-7.03 of this Code, on December 1 of the fiscal year 2 years
preceding, multiplied by 17.5% of the general State aid
foundation level of support established for that fiscal year
under Section 18-8.05 of this Code.

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Beginning with fiscal year 2005 and through fiscal year
2007, individual school districts shall not receive payments
under this Section totaling less than they received under the
funding authorized under Section 14-7.02a of this Code during
fiscal year 2004, pursuant to the provisions of Section
14-7.02a as they were in effect before the effective date of
this amendatory Act of the 93rd General Assembly. This base
level funding shall be computed first.
Beginning with fiscal year 2008 and each fiscal year
thereafter, individual school districts must not receive
payments under this Section totaling less than they received in
fiscal year 2007. This funding shall be computed last and shall
be a separate calculation from any other calculation set forth
in this Section. This amount is exempt from the requirements of
Section 1D-1 of this Code.
An amount equal to 85% of the funds remaining in the
appropriation shall be allocated to school districts based upon
the district's average daily attendance reported for purposes
of Section 18-8.05 of this Code for the preceding school year.
Fifteen percent of the funds remaining in the appropriation
shall be allocated to school districts based upon the
district's low income eligible pupil count used in the
calculation of general State aid under Section 18-8.05 of this
Code for the same fiscal year. One hundred percent of the funds
computed and allocated to districts under this Section shall be
distributed and paid to school districts.

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For individual students with disabilities whose program
costs exceed 4 times the district's per capita tuition rate as
calculated under Section 10-20.12a of this Code, the costs in
excess of 4 times the district's per capita tuition rate shall
be paid by the State Board of Education from unexpended IDEA
discretionary funds originally designated for room and board
reimbursement pursuant to Section 14-8.01 of this Code. The
amount of tuition for these children shall be determined by the
actual cost of maintaining classes for these children, using
the per capita cost formula set forth in Section 14-7.01 of
this Code, with the program and cost being pre-approved by the
State Superintendent of Education. Reimbursement for
individual students with disabilities whose program costs
exceed 4 times the district's per capita tuition rate shall be
claimed beginning with costs encumbered for the 2004-2005
school year and thereafter.
The State Board of Education shall prepare vouchers equal
to one-fourth the amount allocated to districts, for
transmittal to the State Comptroller on the 30th day of
September, December, and March, respectively, and the final
voucher, no later than June 20. The Comptroller shall make
payments pursuant to this Section to school districts as soon
as possible after receipt of vouchers. If the money
appropriated from the General Assembly for such purposes for
any year is insufficient, it shall be apportioned on the basis
of the payments due to school districts.

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Nothing in this Section shall be construed to decrease or
increase the percentage of all special education funds that are
allocated annually under Article 1D of this Code or to alter
the requirement that a school district provide special
education services.
Nothing in this amendatory Act of the 93rd General Assembly
shall eliminate any reimbursement obligation owed as of the
effective date of this amendatory Act of the 93rd General
Assembly to a school district with in excess of 500,000
inhabitants.
(Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.)
(105 ILCS 5/14-7.05)
Sec. 14-7.05. Placement in residential facility; payment
of educational costs. For any student with a disability in a
residential facility placement made or paid for by an Illinois
public State agency or made by any court in this State, the
school district of residence as determined pursuant to this
Article is responsible for the costs of educating the child and
shall be reimbursed for those costs in accordance with this
Code. Subject to this Section and relevant State appropriation,
the resident district's financial responsibility and
reimbursement must be calculated in accordance with the
provisions of Section 14-7.02 of this Code. In those instances
in which a district receives a block grant pursuant to Article
1D of this Code, the district's financial responsibility is

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limited to the actual educational costs of the placement, which
must be paid by the district from its block grant
appropriation. Resident district financial responsibility and
reimbursement applies for both residential facilities that are
approved by the State Board of Education and non-approved
facilities, subject to the requirements of this Section. The
Illinois placing agency or court remains responsible for
funding the residential portion of the placement and for
notifying the resident district prior to the placement, except
in emergency situations. The residential facility in which the
student is placed shall notify the resident district of the
student's enrollment as soon as practicable after the
placement. Failure of the placing agency or court to notify the
resident district prior to the placement does not absolve the
resident district of financial responsibility for the
educational costs of the placement; however, the resident
district shall not become financially responsible unless and
until it receives written notice of the placement by either the
placing agency, court, or residential facility. The placing
agency or parent shall request an individualized education
program (IEP) meeting from the resident district if the
placement would entail additional educational services beyond
the student's current IEP. The district of residence shall
retain control of the IEP process, and any changes to the IEP
must be done in compliance with the federal Individuals with
Disabilities Education Act.

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Payments shall be made by the resident district to the
entity providing the educational services, whether the entity
is the residential facility or the school district wherein the
facility is located, no less than once per quarter unless
otherwise agreed to in writing by the parties.
A residential facility providing educational services
within the facility, but not approved by the State Board of
Education, is required to demonstrate proof to the State Board
of (i) appropriate certification of teachers for the student
population, (ii) age-appropriate curriculum, (iii) enrollment
and attendance data, and (iv) the ability to implement the
child's IEP. A school district is under no obligation to pay
such a residential facility unless and until such proof is
provided to the State Board's satisfaction.
When a dispute arises over the determination of the
district of residence under this Section, any person or entity,
including without limitation a school district or residential
facility, may make a written request for a residency decision
to the State Superintendent of Education, who, upon review of
materials submitted and any other items of information he or
she may request for submission, shall issue his or her decision
in writing. The decision of the State Superintendent of
Education is final.
(Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
(105 ILCS 5/Art. 1D rep.)

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Section 10. The School Code is amended by repealing Article
1D.
Section 99. Effective date. This Act takes effect July 1,
2017.