Bill Text: IL SB3376 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that in a provision concerning funding for children requiring special education services nothing shall be construed within that provision so as to eliminate funding for school districts for payments for special education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-19 - Referred to Assignments [SB3376 Detail]

Download: Illinois-2015-SB3376-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB3376 Introduced 2/19/2016, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
105 ILCS 5/14-7.02b
Amends the School Code. Provides that in a provision concerning funding for children requiring special education services nothing shall be construed within that provision so as to eliminate funding for school districts for payments for special education.
LRB099 19994 EGJ 44393 b
A BILL FOR
SB3376 LRB099 19994 EGJ 44393 b
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 Section
14-7.02b 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.

SB3376 - 2 - LRB099 19994 EGJ 44393 b
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.

SB3376 - 3 - LRB099 19994 EGJ 44393 b
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.

SB3376 - 4 - LRB099 19994 EGJ 44393 b
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 Section shall be construed
to eliminate funding for school districts for payments for
special education.
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.)