105 ILCS 5/14-7.03
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 14 - Children With Disabilities

 (from Ch. 122, par. 14-7.03)Sec. 14-7.03. Special education classes for children from orphanages,  foster family homes, children's homes, or State residential units.  If a  school district maintains special education classes on the site of  orphanages and children's homes, or if children from the orphanages,  children's homes, foster family homes, other State agencies, or State  residential units for children attend classes for children with disabilities  in which the school district is a participating member of a joint  agreement, or if the children from the orphanages, children's homes,  foster family homes, other State agencies, or State residential units  attend classes for the children with disabilities maintained by the school  district, then reimbursement shall be paid to eligible districts in  accordance with the provisions of this Section by the Comptroller as directed  by the State Superintendent of Education.The amount of tuition for such children shall be determined by the  actual cost of maintaining such classes, using the per capita cost formula  set forth in Section 14-7.01, such program and cost to be pre-approved by  the State Superintendent of Education.If a school district makes a claim for reimbursement under Section  18-3 of this Code it shall not include in any claim filed under  this Section a claim for such children.  Payments authorized by law,  including State or federal grants for education of children included in  this Section, shall be deducted in determining the tuition amount.Nothing in this Code shall be construed so as to prohibit  reimbursement for the tuition of children placed in for profit facilities.  Private facilities shall provide adequate space at the  facility for special education classes provided by a school district or  joint agreement for children with disabilities who are  residents of the  facility at no cost to the school district or joint agreement upon  request of the school district or joint agreement.  If such a private  facility provides space at no cost to the district or joint agreement  for special education classes provided to children with  disabilities who are  residents of the facility, the district or joint agreement shall not  include any costs for the use of those facilities in its claim for  reimbursement.Reimbursement for tuition may include the cost of providing summer  school programs for children with severe and profound disabilities served  under this Section. Claims for that reimbursement shall be filed by  November 1 and shall be paid on or before December 15 from  appropriations made for the purposes of this Section.The State Board of Education shall establish such rules and  regulations as may be necessary to implement the provisions of this  Section.Claims filed on behalf of programs operated under this Section housed in an orphanage, children's home, private facility, State residential unit, district or joint agreement site,   jail, detention center, or county-owned shelter care facility  shall be on an individual student basis only for  eligible students with disabilities.  These claims shall be in accordance with  applicable rules.Each district claiming reimbursement for individual students shall have the  eligibility of those students verified by the State Board of Education.  On  September 30, December 31, and March 31, the State Board of Education shall  voucher payments for individual students based upon an estimated cost  calculated from the prior year's claim.  Final claims for individual students  for the regular school term must be received at the State Board of Education by June   15.  Claims for individual students received after June 15 shall not  be honored. Claims received by June 15 may be amended until August 1. Final claims for individual students shall be vouchered by  August 31.  However, notwithstanding any other provisions of this Section or this  Code, if the amount appropriated for any fiscal year is less than the amount required for purposes of this Section, the amount required to eliminate any insufficient reimbursement for each district claim under this Section shall be reimbursed on August 31 of the next fiscal year. Payments required to eliminate any insufficiency for prior fiscal year claims shall be made before any claims are paid for the current fiscal year.Regional superintendents may operate special education classes for  children from orphanages, foster family homes, children's homes, or State residential   units located within the educational services region upon consent  of the school board otherwise so obligated.  In electing to assume the  powers and duties of a school district in providing and maintaining such a  special education program, the regional superintendent may enter into joint  agreements with other districts and may contract with public or private  schools or the orphanage, foster family home, children's home, or State residential   unit for provision of the special education program. The regional  superintendent exercising the powers granted under this Section shall be reimbursed for the actual cost of providing such programs by the resident district as defined in Section 14-1.11a.Any child who is not a resident of Illinois who is placed in a child  welfare institution, private facility, foster family home, State operated  program, orphanage, or children's home shall have the payment for his  educational tuition and any related services assured by the placing agent.For each student with a disability who is placed in a residential facility by an Illinois public   agency or by any court in this State, the costs for educating the student  are eligible for reimbursement under this Section.The district of residence of the student with a disability as  defined in Section 14-1.11a is responsible for the actual costs of  the student's special education program and is eligible for reimbursement under  this Section when placement is made by a State agency or the courts.When a dispute arises over the determination of the district of  residence under this Section, the district or districts may appeal the decision in writing to  the State Superintendent of Education, who, upon review of materials submitted and any other items or information he or she may request for submission, shall issue a written decision on the matter.  The decision of the State  Superintendent of Education shall be final.In the event a district does not make a tuition  payment to another district that is providing the special education  program and services, the State Board of Education shall immediately  withhold 125% of  the then remaining annual tuition cost from the State aid or categorical  aid payment due to the  school district that is determined to be the resident school district.  All  funds withheld by the State Board of Education shall immediately be  forwarded to the  school district where the student is being served.When a child eligible for services under this Section 14-7.03 must be  placed in a nonpublic facility, that facility shall meet the programmatic  requirements of Section 14-7.02 and its regulations, and the educational  services shall be funded only in accordance with this Section 14-7.03.    (Source: P.A. 101-17, eff. 6-14-19.)