105 ILCS 5/14-7.02
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 14 - Children With Disabilities

 (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 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.Prior to the placement of a child in an out-of-state special education residential facility, the school district must refer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, that provides treatment and services comparable to those provided by the out-of-state special education residential facility. The school district must review annually the placement of a child in an out-of-state special education residential facility. As a part of the review, the school district must refer to the child or the child's parent or guardian the option to place the child in a comparable special education residential facility located within this State, if any.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 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 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 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, including the $0.75 per hour increase contained in Public Act 100-23 and the $0.50 per hour increase included in Public Act 100-23, 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. However, any wage increase that is captured upon appeal from a previous year shall not be counted by the Review Board as revenue for the purpose of calculating a facility's future rate.Any definition used by the Review Board in administrative rule or policy to define "related organizations" shall include any and all exceptions contained in federal law or regulation as it pertains to the federal definition of "related organizations".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 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 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.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 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  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 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 expenditures by  original source and purpose,  reporting requirements,  or requirements of providing services.  (Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21.)