105 ILCS 5/14-8.01
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 14 - Children With Disabilities

 (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 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 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 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.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 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.)