SB 3554 — SCH CD-PURCHASE CARE REVIEW BD

SB3554 EngrossedEnrolled LRB098 18059 NHT 55671 b AN ACT concerning education.

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 SB3554 EngrossedEnrolled - 2 - LRB098 18059 NHT 55671 b 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.

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 SB3554 EngrossedEnrolled - 3 - LRB098 18059 NHT 55671 b rules and regulations of the State Board.

No child shall be placed in a special education program SB3554 EngrossedEnrolled - 4 - LRB098 18059 NHT 55671 b 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 Board shall also establish guidelines for the coordination of services and financial assistance provided by all State agencies to assure that no otherwise qualified disabled child receiving services under Article 14 shall be excluded from participation in, be SB3554 EngrossedEnrolled - 5 - LRB098 18059 NHT 55671 b denied the benefits of or be subjected to discrimination under any program or activity provided by any State agency.

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 SB3554 EngrossedEnrolled - 6 - LRB098 18059 NHT 55671 b actually made in excess of the districts per capita tuition charge for students not receiving special education services.

Nothing in this Section shall be construed as SB3554 EngrossedEnrolled - 7 - LRB098 18059 NHT 55671 b relieving an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a disabled child.

However, if a child is SB3554 EngrossedEnrolled - 8 - LRB098 18059 NHT 55671 b 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.

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 SB3554 EngrossedEnrolled - 9 - LRB098 18059 NHT 55671 b 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.