Bill Text: IL SB1757 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Children with Disabilities Article of the School Code. Provides after June 30, 2024, no payments may be made by a school district for amounts in excess of $4,500 for children who have been placed in a program in which the actual per pupil costs of tuition for special education and related services based on program enrollment exceed $4,500. With regard to funding for children requiring special education services, provides that for individual students with disabilities whose program costs exceed 2 (rather than 4) times the district's per capita tuition rate, the costs in excess of 2 (rather than 4) times the district's per capita rate must be paid by the State Board of Education from funds made available under a provision in the Code regarding special education facilities (rather than from unexpended IDEA discretionary funds). With regard to the supervision of special education buildings and facilities, provides that beginning with Fiscal Year 2020 through Fiscal Year 2025, the State must fund all necessary expenses related to educating children with excess costs who attend certain public schools and for Fiscal Year 2026 and each fiscal year thereafter, all costs in excess of 2 times a district's per capita tuition charge for educating children who attend certain schools and programs must be reimbursed by the State. Effective July 1, 2019.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1757 Detail]

Download: Illinois-2019-SB1757-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1757 Introduced 2/15/2019, by Sen. Jennifer Bertino-Tarrant SYNOPSIS AS INTRODUCED:
105 ILCS 5/14-7.02 from Ch. 122, par. 14-7.02
105 ILCS 5/14-7.02b
105 ILCS 5/14-8.01 from Ch. 122, par. 14-8.01
Amends the Children with Disabilities Article of the School Code. Provides after June 30, 2024, no payments may be made by a school district for amounts in excess of $4,500 for children who have been placed in a program in which the actual per pupil costs of tuition for special education and related services based on program enrollment exceed $4,500. With regard to funding for children requiring special education services, provides that for individual students with disabilities whose program costs exceed 2 (rather than 4) times the district's per capita tuition rate, the costs in excess of 2 (rather than 4) times the district's per capita rate must be paid by the State Board of Education from funds made available under a provision in the Code regarding special education facilities (rather than from unexpended IDEA discretionary funds). With regard to the supervision of special education buildings and facilities, provides that beginning with Fiscal Year 2020 through Fiscal Year 2025, the State must fund all necessary expenses related to educating children with excess costs who attend certain public schools and for Fiscal Year 2026 and each fiscal year thereafter, all costs in excess of 2 times a district's per capita tuition charge for educating children who attend certain schools and programs must be reimbursed by the State. Effective July 1, 2019.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
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
14-7.02, 14-7.02b, and 14-8.01 as follows:
(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or
private special education facilities. The General Assembly
recognizes that non-public schools or special education
facilities provide an important service in the educational
system in Illinois.
If because of his or her disability the special education
program of a district is unable to meet the needs of a child
and the child attends a non-public school or special education
facility, a public out-of-state school or a special education
facility owned and operated by a county government unit that
provides special educational services required by the child and
is in compliance with the appropriate rules and regulations of
the State Superintendent of Education, the school district in
which the child is a resident shall pay the actual cost of
tuition for special education and related services provided
during the regular school term and during the summer school

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term if the child's educational needs so require, excluding
room, board and transportation costs charged the child by that
non-public school or special education facility, public
out-of-state school or county special education facility, or
$4,500 per year, whichever is less, and shall provide him any
necessary transportation. "Nonpublic special education
facility" shall include a residential facility, within or
without the State of Illinois, which provides special education
and related services to meet the needs of the child by
utilizing private schools or public schools, whether located on
the site or off the site of the residential facility.
The State Board of Education shall promulgate rules and
regulations for determining when placement in a private special
education facility is appropriate. Such rules and regulations
shall take into account the various types of services needed by
a child and the availability of such services to the particular
child in the public school. In developing these rules and
regulations the State Board of Education shall consult with the
Advisory Council on Education of Children with Disabilities and
hold public hearings to secure recommendations from parents,
school personnel, and others concerned about this matter.
The State Board of Education shall also promulgate rules
and regulations for transportation to and from a residential
school. Transportation to and from home to a residential school
more than once each school term shall be subject to prior
approval by the State Superintendent in accordance with the

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rules and regulations of the State Board.
A school district making tuition payments pursuant to this
Section is eligible for reimbursement from the State for the
amount of such payments actually made in excess of the district
per capita tuition charge for students not receiving special
education services. Such reimbursement shall be approved in
accordance with Section 14-12.01 and each district shall file
its claims, computed in accordance with rules prescribed by the
State Board of Education, on forms prescribed by the State
Superintendent of Education. Data used as a basis of
reimbursement claims shall be for the preceding regular school
term and summer school term. Each school district shall
transmit its claims to the State Board of Education on or
before August 15. The State Board of Education, before
approving any such claims, shall determine their accuracy and
whether they are based upon services and facilities provided
under approved programs. Upon approval the State Board shall
cause vouchers to be prepared showing the amount due for
payment of reimbursement claims to school 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. If the money appropriated by
the General Assembly for such purpose for any year is
insufficient, it shall be apportioned on the basis of the
claims approved.
No child shall be placed in a special education program

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pursuant to this Section if the tuition cost for special
education and related services increases more than 10 percent
over the tuition cost for the previous school year or exceeds
$4,500 per year unless such costs have been approved by the
Illinois Purchased Care Review Board. The Illinois Purchased
Care Review Board shall consist of the following persons, or
their designees: the Directors of Children and Family Services,
Public Health, Public Aid, and the Governor's Office of
Management and Budget; the Secretary of Human Services; the
State Superintendent of Education; and such other persons as
the Governor may designate. The Review Board shall also consist
of one non-voting member who is an administrator of a private,
nonpublic, special education school. The Review Board shall
establish rules and regulations for its determination of
allowable costs and payments made by local school districts for
special education, room and board, and other related services
provided by non-public schools or special education facilities
and shall establish uniform standards and criteria which it
shall follow. The Review Board shall approve the usual and
customary rate or rates of a special education program that (i)
is offered by an out-of-state, non-public provider of
integrated autism specific educational and autism specific
residential services, (ii) offers 2 or more levels of
residential care, including at least one locked facility, and
(iii) serves 12 or fewer Illinois students.
In determining rates based on allowable costs, the Review

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Board shall consider any wage increases awarded by the General
Assembly to front line personnel defined as direct support
persons, aides, front-line supervisors, qualified intellectual
disabilities professionals, nurses, and non-administrative
support staff working in service settings in community-based
settings within the State and adjust customary rates or rates
of a special education program to be equitable to the wage
increase awarded to similar staff positions in a community
residential setting. Any wage increase awarded by the General
Assembly to front line personnel defined as direct support
persons, aides, front-line supervisors, qualified intellectual
disabilities professionals, nurses, and non-administrative
support staff working in community-based settings within the
State shall also be a basis for any facility covered by this
Section to appeal its rate before the Review Board under the
process defined in Title 89, Part 900, Section 340 of the
Illinois Administrative Code. Illinois Administrative Code
Title 89, Part 900, Section 342 shall be updated to recognize
wage increases awarded to community-based settings to be a
basis for appeal.
The Review Board shall establish uniform definitions and
criteria for accounting separately by special education, room
and board and other related services costs. The Board shall
also establish guidelines for the coordination of services and
financial assistance provided by all State agencies to assure
that no otherwise qualified child with a disability receiving

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services under Article 14 shall be excluded from participation
in, be denied the benefits of or be subjected to discrimination
under any program or activity provided by any State agency.
The Review Board shall review the costs for special
education and related services provided by non-public schools
or special education facilities and shall approve or disapprove
such facilities in accordance with the rules and regulations
established by it with respect to allowable costs.
The State Board of Education shall provide administrative
and staff support for the Review Board as deemed reasonable by
the State Superintendent of Education. This support shall not
include travel expenses or other compensation for any Review
Board member other than the State Superintendent of Education.
The Review Board shall seek the advice of the Advisory
Council on Education of Children with Disabilities on the rules
and regulations to be promulgated by it relative to providing
special education services.
If a child has been placed in a program in which the actual
per pupil costs of tuition for special education and related
services based on program enrollment, excluding room, board and
transportation costs, exceed $4,500 and such costs have been
approved by the Review Board, the district shall pay such total
costs which exceed $4,500. A district making such tuition
payments in excess of $4,500 pursuant to this Section shall be
responsible for an amount in excess of $4,500 equal to the
district per capita tuition charge and shall be eligible for

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reimbursement from the State for the amount of such payments
actually made in excess of the districts per capita tuition
charge for students not receiving special education services.
However, no payments may be made by a school district for these
purposes after June 30, 2024.
If a child has been placed in an approved individual
program and the tuition costs including room and board costs
have been approved by the Review Board, then such room and
board costs shall be paid by the appropriate State agency
subject to the provisions of Section 14-8.01 of this Act. Room
and board costs not provided by a State agency other than the
State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall
the State's liability for funding of these tuition costs begin
until after the legal obligations of third party payors have
been subtracted from such costs. If the money appropriated by
the General Assembly for such purpose for any year is
insufficient, it shall be apportioned on the basis of the
claims approved. Each district shall submit estimated claims to
the State Superintendent of Education. Upon approval of such
claims, the State Superintendent of Education shall direct the
State Comptroller to make payments on a monthly basis. The
frequency for submitting estimated claims and the method of
determining payment shall be prescribed in rules and
regulations adopted by the State Board of Education. Such
current state reimbursement shall be reduced by an amount equal

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to the proceeds which the child or child's parents are eligible
to receive under any public or private insurance or assistance
program. Nothing in this Section shall be construed as
relieving an insurer or similar third party from an otherwise
valid obligation to provide or to pay for services provided to
a child with a disability.
If it otherwise qualifies, a school district is eligible
for the transportation reimbursement under Section 14-13.01
and for the reimbursement of tuition payments under this
Section whether the non-public school or special education
facility, public out-of-state school or county special
education facility, attended by a child who resides in that
district and requires special educational services, is within
or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this
Section unless the district certifies to the State
Superintendent of Education that the district is unable to
provide special educational services required by the child for
the current school year.
Nothing in this Section authorizes the reimbursement of a
school district for the amount paid for tuition of a child
attending a non-public school or special education facility,
public out-of-state school or county special education
facility unless the school district certifies to the State
Superintendent of Education that the special education program
of that district is unable to meet the needs of that child

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because of his disability and the State Superintendent of
Education finds that the school district is in substantial
compliance with Section 14-4.01. However, if a child is
unilaterally placed by a State agency or any court in a
non-public school or special education facility, public
out-of-state school, or county special education facility, a
school district shall not be required to certify to the State
Superintendent of Education, for the purpose of tuition
reimbursement, that the special education program of that
district is unable to meet the needs of a child because of his
or her disability.
Any educational or related services provided, pursuant to
this Section in a non-public school or special education
facility or a special education facility owned and operated by
a county government unit shall be at no cost to the parent or
guardian of the child. However, current law and practices
relative to contributions by parents or guardians for costs
other than educational or related services are not affected by
this amendatory Act of 1978.
Reimbursement for children attending public school
residential facilities shall be made in accordance with the
provisions of this Section.
Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
all or a portion of the funds that it receives in a particular

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fiscal year or from general State aid pursuant to Section
18-8.05 of this Code as funds received in connection with any
funding program for which it is entitled to receive funds from
the State in that fiscal year (including, without limitation,
any funding program referenced in this Section), regardless of
the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the
funding program than the district is entitled to receive in
that fiscal year for that program. Any classification by a
district must be made by a resolution of its board of
education. The resolution must identify the amount of any
payments or general State aid to be classified under this
paragraph and must specify the funding program to which the
funds are to be treated as received in connection therewith.
This resolution is controlling as to the classification of
funds referenced therein. A certified copy of the resolution
must be sent to the State Superintendent of Education. The
resolution shall still take effect even though a copy of the
resolution has not been sent to the State Superintendent of
Education in a timely manner. No classification under this
paragraph by a district shall affect the total amount or timing
of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall in
any way relieve the district from or affect any requirements
that otherwise would apply with respect to that funding
program, including any accounting of funds by source, reporting

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expenditures by original source and purpose, reporting
requirements, or requirements of providing services.
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
100-587, eff. 6-4-18.)
(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 through fiscal year
2017 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.
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

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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 through fiscal year 2017,
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.
Through fiscal year 2017, 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.
For individual students with disabilities whose program
costs exceed 2 4 times the district's per capita tuition rate

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as calculated under Section 10-20.12a of this Code, the costs
in excess of 2 4 times the district's per capita tuition rate
shall be paid by the State Board of Education from funds made
available under 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 2 4 times the district's per capita
tuition rate shall be claimed beginning with costs encumbered
for the 2019-2020 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.
Nothing in this Section shall be construed to decrease or
increase the percentage of all special education funds that are

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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.
Except for reimbursement for individual students with
disabilities whose program costs exceed 2 4 times the
district's per capita tuition rate, no funding shall be
provided to school districts under this Section after fiscal
year 2017.
In fiscal year 2018 and each fiscal year thereafter, all
funding received by a school district from the State pursuant
to Section 18–8.15 of this Code that is attributable to
students requiring special education services must be used for
special education services authorized under this Code.
(Source: P.A. 100-465, eff. 8-31-17.)
(105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
Sec. 14-8.01. Supervision of special education buildings
and facilities. All special educational facilities, building
programs, housing, and all educational programs for the types
of children with disabilities defined in Section 14-1.02 shall
be under the supervision of and subject to the approval of the

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State Board of Education.
All special education facilities, building programs, and
housing shall comply with the building code authorized by
Section 2-3.12.
All educational programs for children with disabilities as
defined in Section 14-1.02 administered by any State agency
shall be under the general supervision of the State Board of
Education. Such supervision shall be limited to insuring that
such educational programs meet standards jointly developed and
agreed to by both the State Board of Education and the
operating State agency, including standards for educational
personnel.
Any State agency providing special educational programs
for children with disabilities as defined in Section 14-1.02
shall promulgate rules and regulations, in consultation with
the State Board of Education and pursuant to the Illinois
Administrative Procedure Act as now or hereafter amended, to
insure that all such programs comply with this Section and
Section 14-8.02.
No otherwise qualified child with a disability receiving
special education and related services under Article 14 shall
solely by reason of his or her disability be excluded from the
participation in or be denied the benefits of or be subjected
to discrimination under any program or activity provided by a
State agency.
State agencies providing special education and related

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services, including room and board, either directly or through
grants or purchases of services shall continue to provide these
services according to current law and practice. Room and board
costs not provided by a State agency other than the State Board
of Education shall be provided by the State Board of Education
to the extent of available funds. An amount equal to one-half
of the State education agency's share of IDEA PART B federal
monies, or so much thereof as may actually be needed, shall
annually be appropriated to pay for the additional costs of
providing for room and board for those children placed pursuant
to Section 14-7.02 of this Code and, after all such room and
board costs are paid, for similar expenditures for children
served pursuant to Section 14-7.02 or 14-7.02b of this Code.
Any such excess room and board funds must first be directed to
those school districts with students costing in excess of 4
times the district's per capita tuition charge and then to
community based programs that serve as alternatives to
residential placements.
Beginning with Fiscal Year 1997 and continuing through
Fiscal Year 2000, 100% of the former Chapter I, Section 89-313
federal funds shall be allocated by the State Board of
Education in the same manner as IDEA, PART B "flow through"
funding to local school districts, joint agreements, and
special education cooperatives for the maintenance of
instructional and related support services to students with
disabilities. However, beginning with Fiscal Year 1998, the

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total IDEA Part B discretionary funds available to the State
Board of Education shall not exceed the maximum permissible
under federal law or 20% of the total federal funds available
to the State, whichever is less. After all room and board
payments and similar expenditures are made by the State Board
of Education as required by this Section, the State Board of
Education may use the remaining funds for administration and
for providing discretionary activities. However, the State
Board of Education may use no more than 25% of its available
IDEA Part B discretionary funds for administrative services.
Beginning with Fiscal Year 2020 through Fiscal Year 2025,
the State must fund all necessary expenses related to educating
children with excess costs who attend public schools under
Section 14-7.02b. For Fiscal Year 2026 and each fiscal year
thereafter, all costs in excess of 2 times a district's per
capita tuition charge for educating children who attend schools
and programs described in Sections 14-7.02 and 14-7.02b must be
reimbursed by the State.
Special education and related services included in the
child's individualized educational program which are not
provided by another State agency shall be included in the
special education and related services provided by the State
Board of Education and the local school district.
The State Board of Education with the advice of the
Advisory Council shall prescribe the standards and make the
necessary rules and regulations for special education programs

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administered by local school boards, including but not limited
to establishment of classes, training requirements of teachers
and other professional personnel, eligibility and admission of
pupils, the curriculum, class size limitation, building
programs, housing, transportation, special equipment and
instructional supplies, and the applications for claims for
reimbursement. The State Board of Education shall promulgate
rules and regulations for annual evaluations of the
effectiveness of all special education programs and annual
evaluation by the local school district of the individualized
educational program for each child for whom it provides special
education services.
A school district is responsible for the provision of
educational services for all school age children residing
within its boundaries excluding any student placed under the
provisions of Section 14-7.02 or any student with a disability
whose parent or guardian lives outside of the State of Illinois
as described in Section 14-1.11.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 99. Effective date. This Act takes effect July 1,
2019.