SB 577 — SCH CD-SPECIAL ED-GAMING REV

*LRB09804776NHT34804b* SB0577 98THEngrossed GENERALLRB098 ASSEMBLY04776 StateNHT of34804 Illinoisb andAN 2014ACT SB0577concerning Introducededucation. 1/24/2013, by Sen.

John J.

Cullerton SYNOPSIS AS INTRODUCED:

ILCS 5/1-2 from Ch.

122, par.

1-2 concerning the School Code's construction.

technical change in a Section LRB098 04776 NHT 34804 b A BILL FOR SB0577 LRB098 04776 NHT 34804 b AN ACT concerning education.

The School Code is amended by changing Section 1-214-7.02b as follows:

(105 ILCS 5/1-2)5/14-7.02b) (fromSec. Ch.

122,14-7.02b. par.

1-2)Funding Sec.for children requiring special education services.

1-2.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.

Construction.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 Theappropriation provisionsfor offiscal thisyear Act,2005 soand farthereafter asshall theybe arebased upon the sameIDEA aschild thosecount of anyall priorstudents statute,in shallthe beState, construedexcluding asstudents aclaimed continuationunder Sections 14-7.02 and 14-7.03 of suchthis priorCode, provisions,on andDecember not1 asof athe newfiscal enactment.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.

IfSB0577 inEngrossed any- other2 statute- referenceLRB098 is04776 madeNHT to34804 anb ActBeginning ofwith thefiscal Generalyear Assembly,2005 orand athrough sectionfiscal ofyear such2007, anindividual Act,school whichdistricts isshall continuednot inreceive payments under this SchoolSection Code,totaling suchless referencethan shallthey bereceived heldunder tothe referfunding authorized under Section 14-7.02a of this Code during fiscal year 2004, pursuant to the Actprovisions orof sectionSection thereof14-7.02a soas continuedthey were in effect before the effective date of this Code.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.

Beginning with fiscal year 2014 and each fiscal year thereafter, if the State authorizes the conduct of electronic gaming or authorizes owners licenses under the Riverboat Gambling Act in addition to the 10 initial licenses authorized under subsection (e) of Section 7 of the Riverboat Gambling Act, $15,000,000 in gaming revenues deposited into the Education Assistance Fund from the State Gaming Fund shall be used by the State Board of Education for the purpose of making the hold harmless payments authorized in this paragraph.

An amount equal to 85% of the funds remaining in the appropriation shall be allocated to school districts based upon SB0577 Engrossed - 3 - LRB098 04776 NHT 34804 b 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.

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 SB0577 Engrossed - 4 - LRB098 04776 NHT 34804 b 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.

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 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.

LawsP.A. 1961, p.

31.)93-1022, eff.

8-24-08.

95-705, eff.

1-8-08.) Section 99.

Effective date.

This Act takes effect July 1, 2013.