Illinois 2023-2024 Regular Session

Illinois House Bill HB5430 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB5430 EngrossedLRB103 37555 RJT 67680 b HB5430 Engrossed LRB103 37555 RJT 67680 b
2		-	HB5430 Engrossed LRB103 37555 RJT 67680 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5430 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 105 ILCS 5/14-1.11c new Amends the Children with Disabilities Article of the School Code. Provides that the resident district for a student who, as a result of the student's medically complex status resides exclusively at a full-time residential care facility, shall be the school district in which the residential facility is located if the residential facility provides the student with a regular fixed night-time residence for reasons other than placement in a specific school district and the student is not enrolled in a school district outside the district in which the residential facility is located. Provides that as a resident of the district in which the residential facility is located, the educational costs for a student shall be provided directly by the State Board of Education and shall be calculated based on the applicable per diem rate provided by the Illinois Purchased Care Review Board, with such per diem rate being based solely upon the audited submission of the cost financial report for the residential facility for special education students during the applicable school year. Provides that a residential facility shall submit monthly invoices to the State Board of Education for the education costs of a student in a residential facility. Provides that the State Board of Education shall ensure that a representative of the resident school district of the student in a residential facility attend and participate in a individualized education program meeting for the student, and shall proffer a nonpublic facility placement contract for each student and the school district shall immediately execute and return the nonpublic facility placement contract to the residential facility. Provides that for a student in a residential facility, an educational surrogate shall be appointed who shall have authority to execute an individualized education program in the place of the student's parent or guardian on behalf of the student. Provides for restrictions on withholding payment to a residential facility. Provides that the provisions applies only to a special education student who lives at and relies on residential facility as the student's overnight residence but who has not been enrolled by the student's parent or guardian in a school district. Effective immediately. LRB103 37555 RJT 67680 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5430 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 105 ILCS 5/14-1.11c new 105 ILCS 5/14-1.11c new Amends the Children with Disabilities Article of the School Code. Provides that the resident district for a student who, as a result of the student's medically complex status resides exclusively at a full-time residential care facility, shall be the school district in which the residential facility is located if the residential facility provides the student with a regular fixed night-time residence for reasons other than placement in a specific school district and the student is not enrolled in a school district outside the district in which the residential facility is located. Provides that as a resident of the district in which the residential facility is located, the educational costs for a student shall be provided directly by the State Board of Education and shall be calculated based on the applicable per diem rate provided by the Illinois Purchased Care Review Board, with such per diem rate being based solely upon the audited submission of the cost financial report for the residential facility for special education students during the applicable school year. Provides that a residential facility shall submit monthly invoices to the State Board of Education for the education costs of a student in a residential facility. Provides that the State Board of Education shall ensure that a representative of the resident school district of the student in a residential facility attend and participate in a individualized education program meeting for the student, and shall proffer a nonpublic facility placement contract for each student and the school district shall immediately execute and return the nonpublic facility placement contract to the residential facility. Provides that for a student in a residential facility, an educational surrogate shall be appointed who shall have authority to execute an individualized education program in the place of the student's parent or guardian on behalf of the student. Provides for restrictions on withholding payment to a residential facility. Provides that the provisions applies only to a special education student who lives at and relies on residential facility as the student's overnight residence but who has not been enrolled by the student's parent or guardian in a school district. Effective immediately. LRB103 37555 RJT 67680 b LRB103 37555 RJT 67680 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5430 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
	3	+	105 ILCS 5/14-1.11c new 105 ILCS 5/14-1.11c new
	4	+	105 ILCS 5/14-1.11c new
	5	+	Amends the Children with Disabilities Article of the School Code. Provides that the resident district for a student who, as a result of the student's medically complex status resides exclusively at a full-time residential care facility, shall be the school district in which the residential facility is located if the residential facility provides the student with a regular fixed night-time residence for reasons other than placement in a specific school district and the student is not enrolled in a school district outside the district in which the residential facility is located. Provides that as a resident of the district in which the residential facility is located, the educational costs for a student shall be provided directly by the State Board of Education and shall be calculated based on the applicable per diem rate provided by the Illinois Purchased Care Review Board, with such per diem rate being based solely upon the audited submission of the cost financial report for the residential facility for special education students during the applicable school year. Provides that a residential facility shall submit monthly invoices to the State Board of Education for the education costs of a student in a residential facility. Provides that the State Board of Education shall ensure that a representative of the resident school district of the student in a residential facility attend and participate in a individualized education program meeting for the student, and shall proffer a nonpublic facility placement contract for each student and the school district shall immediately execute and return the nonpublic facility placement contract to the residential facility. Provides that for a student in a residential facility, an educational surrogate shall be appointed who shall have authority to execute an individualized education program in the place of the student's parent or guardian on behalf of the student. Provides for restrictions on withholding payment to a residential facility. Provides that the provisions applies only to a special education student who lives at and relies on residential facility as the student's overnight residence but who has not been enrolled by the student's parent or guardian in a school district. Effective immediately.
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	7	+	LRB103 37555 RJT 67680 b
	8	+	A BILL FOR
	9	+	HB5430LRB103 37555 RJT 67680 b HB5430 LRB103 37555 RJT 67680 b
	10	+	HB5430 LRB103 37555 RJT 67680 b
3	11		1 AN ACT concerning education.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6		-	4 Section 5. The School Code is amended by changing Sections
7		-	5 14-1.11, 14-1.11a, and 14-7.05 as follows:
8		-	6 (105 ILCS 5/14-1.11) (from Ch. 122, par. 14-1.11)
9		-	7 Sec. 14-1.11. Resident district; parent; legal guardian.
10		-	8 The resident district is the school district in which the
11		-	9 parent or guardian, or both parent and guardian, of the
12		-	10 student reside when:
13		-	11 (1) the parent has legal guardianship of the student
14		-	12 and resides within Illinois; or
15		-	13 (2) an individual guardian has been appointed by the
16		-	14 courts and resides within Illinois; or
17		-	15 (3) an Illinois public agency has legal guardianship
18		-	16 and the student resides either in the home of the parent or
19		-	17 within the same district as the parent; or
20		-	18 (4) an Illinois court orders a residential placement
21		-	19 but the parents retain any legal rights or guardianship
22		-	20 and have not been subject to a termination of parental
23		-	21 rights order.
24		-	22 In cases of divorced or separated parents, when only one
25		-	23 parent has legal guardianship or custody, the district in
	14	+	4 Section 5. Purpose. The General Assembly recognizes the
	15	+	5 critical importance of and right to education for all students
	16	+	6 who reside in Illinois. The purpose of this amendatory Act of
	17	+	7 the 103rd General Assembly is to ensure that certain special
	18	+	8 education students who, as a result of their medically complex
	19	+	9 status, reside exclusively at full-time residential care
	20	+	10 facilities receive the free and appropriate public education
	21	+	11 to which they are entitled.
	22	+	12 Section 10. The School Code is amended by adding Section
	23	+	13 14-1.11c as follows:
	24	+	14 (105 ILCS 5/14-1.11c new)
	25	+	15 Sec. 14-1.11c. Resident district; special education
	26	+	16 students residing at residential facility.
	27	+	17 (a) In this Section: "residential facility" means a
	28	+	18 full-time residential care facility.
	29	+	19 (b) The resident district for a student who, as a result of
	30	+	20 the student's medically complex status resides exclusively at
	31	+	21 a full-time residential care facility, shall be the school
	32	+	22 district in which the residential facility is located if the
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34		-	1 which the parent having legal guardianship or custody resides
35		-	2 is the resident district. When both parents retain legal
36		-	3 guardianship or custody, the resident district is the district
37		-	4 in which either parent who provides the student's primary
38		-	5 regular fixed night-time abode resides; provided, that the
39		-	6 election of resident district may be made only one time per
40		-	7 school year.
41		-	8 When the parent has legal guardianship and lives outside
42		-	9 of the State of Illinois, or when the individual legal
43		-	10 guardian other than the natural parent lives outside the State
44		-	11 of Illinois, the parent, legal guardian, or other placing
45		-	12 agent is responsible for making arrangements to pay the
46		-	13 Illinois school district serving the child for the educational
47		-	14 services provided. Those service costs shall be determined in
48		-	15 accordance with Section 14-7.01. A parent or guardian who
49		-	16 moves out of this State after the child is placed in a
50		-	17 nonpublic school or special education facility, public
51		-	18 out-of-state school, or county special education facility
52		-	19 under this Article shall enroll the child in a school in the
53		-	20 other state to initiate reimbursement to Illinois. If the
54		-	21 laws, policies, or procedures of the other state prohibit the
55		-	22 foregoing or if the parent or guardian otherwise provides
56		-	23 proof of at least one satisfactory attempt to enroll the child
57		-	24 but is refused by the other state, the child shall continue to
58		-	25 be deemed a resident of the last school district in which the
59		-	26 child was enrolled.
	36	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5430 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
	37	+	105 ILCS 5/14-1.11c new 105 ILCS 5/14-1.11c new
	38	+	105 ILCS 5/14-1.11c new
	39	+	Amends the Children with Disabilities Article of the School Code. Provides that the resident district for a student who, as a result of the student's medically complex status resides exclusively at a full-time residential care facility, shall be the school district in which the residential facility is located if the residential facility provides the student with a regular fixed night-time residence for reasons other than placement in a specific school district and the student is not enrolled in a school district outside the district in which the residential facility is located. Provides that as a resident of the district in which the residential facility is located, the educational costs for a student shall be provided directly by the State Board of Education and shall be calculated based on the applicable per diem rate provided by the Illinois Purchased Care Review Board, with such per diem rate being based solely upon the audited submission of the cost financial report for the residential facility for special education students during the applicable school year. Provides that a residential facility shall submit monthly invoices to the State Board of Education for the education costs of a student in a residential facility. Provides that the State Board of Education shall ensure that a representative of the resident school district of the student in a residential facility attend and participate in a individualized education program meeting for the student, and shall proffer a nonpublic facility placement contract for each student and the school district shall immediately execute and return the nonpublic facility placement contract to the residential facility. Provides that for a student in a residential facility, an educational surrogate shall be appointed who shall have authority to execute an individualized education program in the place of the student's parent or guardian on behalf of the student. Provides for restrictions on withholding payment to a residential facility. Provides that the provisions applies only to a special education student who lives at and relies on residential facility as the student's overnight residence but who has not been enrolled by the student's parent or guardian in a school district. Effective immediately.
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	41	+	LRB103 37555 RJT 67680 b
	42	+	A BILL FOR
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	48	+	105 ILCS 5/14-1.11c new
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70		-	1 (Source: P.A. 95-844, eff. 8-15-08.)
71		-	2 (105 ILCS 5/14-1.11a) (from Ch. 122, par. 14-1.11a)
72		-	3 Sec. 14-1.11a. Resident district; student. The resident
73		-	4 district is the school district in which the student resides
74		-	5 when:
75		-	6 (1) the parent has legal guardianship but the location
76		-	7 of the parent is unknown; or
77		-	8 (2) an individual guardian has been appointed but the
78		-	9 location of the guardian is unknown; or
79		-	10 (3) the student is 18 years of age or older and no
80		-	11 legal guardian has been appointed; or
81		-	12 (4) the student is legally an emancipated minor; or
82		-	13 (5) an Illinois public agency has legal guardianship
83		-	14 and such agency or any court in this State has placed the
84		-	15 student residentially outside of the school district in
85		-	16 which the parent lives.
86		-	17 In cases where an Illinois public agency has legal
87		-	18 guardianship and has placed the student residentially outside
88		-	19 of Illinois, the last school district that provided at least
89		-	20 45 days of educational service to the student shall continue
90		-	21 to be the district of residence until the student is no longer
91		-	22 under guardianship of an Illinois public agency or until the
92		-	23 student is returned to Illinois.
93		-	24 The resident district of a homeless student is the
94		-	25 Illinois district in which the student enrolls for educational
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105		-	1 services. Homeless students include individuals as defined in
106		-	2 the Stewart B. McKinney Homeless Assistance Act.
107		-	3 The State Superintendent of Education may determine that
108		-	4 the location of the parent or guardian of a student is unknown
109		-	5 after considering information submitted from the school
110		-	6 district that last enrolled the student or from the school or
111		-	7 special education facility providing special education and
112		-	8 related services to meet the needs of the student. The
113		-	9 information submitted to the State Superintendent of Education
114		-	10 must include an affidavit from that school district's
115		-	11 superintendent or the facility's director attesting that the
116		-	12 location of the parent or guardian is unknown and at least 3
117		-	13 satisfactory 4 items of documentary evidence that a minimum of
118		-	14 4 separate attempts were made to locate the parent or guardian
119		-	15 and no response was received from the parent or guardian
120		-	16 within 14 days after such satisfactory attempts. Any
121		-	17 determination by the State Superintendent of Education that
122		-	18 the location of a parent or guardian is unknown shall be made
123		-	19 as soon as practicable after receipt of the affidavit from the
124		-	20 school district's superintendent or the facility's director.
125		-	21 The State Superintendent of Education's determination is
126		-	22 final. However, any determination made by the State
127		-	23 Superintendent of Education is subject to review and
128		-	24 reconsideration any time a parent's or guardian's location
129		-	25 becomes known.
130		-	26 A school district or special education facility may
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	67	+	1 residential facility provides the student with a regular fixed
	68	+	2 night-time residence for reasons other than placement in a
	69	+	3 specific school district and the student is not enrolled in a
	70	+	4 school district outside the district in which the residential
	71	+	5 facility is located.
	72	+	6 (c) As a resident of the district in which the residential
	73	+	7 facility is located pursuant to this Section, the educational
	74	+	8 costs for a student shall be provided directly by the State
	75	+	9 Board of Education and shall be calculated based on the
	76	+	10 applicable per diem rate provided by the Illinois Purchased
	77	+	11 Care Review Board, with such per diem rate being based solely
	78	+	12 upon the audited submission of the cost financial report for
	79	+	13 the residential facility for special education students during
	80	+	14 the applicable school year. The Illinois Purchased Care Review
	81	+	15 Board's determined per diem rate may not be subject to waivers
	82	+	16 or deductions of any kind. The funding mechanism under this
	83	+	17 subsection (c) may not include food, which shall be paid
	84	+	18 directly by the residential school district.
	85	+	19 (d) A residential facility shall submit monthly invoices
	86	+	20 to the State Board of Education for the education costs of a
	87	+	21 student in a residential facility. The State Board of
	88	+	22 Education shall ensure that a representative of the resident
	89	+	23 school district of the student in a residential facility under
	90	+	24 this Section attends and participates in a individualized
	91	+	25 education program meeting for the student, and shall proffer a
	92	+	26 nonpublic facility placement contract for each student to who
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141		-	1 request assistance with determining the location of a parent
142		-	2 or guardian from the State Board of Education.
143		-	3 (Source: P.A. 102-514, eff. 8-20-21.)
144		-	4 (105 ILCS 5/14-7.05)
145		-	5 Sec. 14-7.05. Placement in residential facility; payment
146		-	6 of educational costs. For any student with a disability in a
147		-	7 residential facility placement made or paid for by an Illinois
148		-	8 public State agency or made by any court in this State, the
149		-	9 school district of residence as determined pursuant to this
150		-	10 Article is responsible for the costs of educating the child
151		-	11 and shall be reimbursed for those costs in accordance with
152		-	12 this Code. Subject to this Section and relevant State
153		-	13 appropriation, the resident district's financial
154		-	14 responsibility and reimbursement must be calculated in
155		-	15 accordance with the provisions of Section 14-7.02 of this
156		-	16 Code. In those instances in which a district receives a block
157		-	17 grant pursuant to Article 1D of this Code, the district's
158		-	18 financial responsibility is limited to the actual educational
159		-	19 costs of the placement, which must be paid by the district from
160		-	20 its block grant appropriation. Resident district financial
161		-	21 responsibility and reimbursement applies for both residential
162		-	22 facilities that are approved by the State Board of Education
163		-	23 and non-approved facilities, subject to the requirements of
164		-	24 this Section. The Illinois placing agency or court remains
165		-	25 responsible for funding the residential portion of the
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	103	+	1 this Section applies to and the school district shall
	104	+	2 immediately execute and return the nonpublic facility
	105	+	3 placement contract to the residential facility. For a student
	106	+	4 in a residential facility, an educational surrogate shall be
	107	+	5 appointed who shall have authority to execute an
	108	+	6 individualized education program in the place of the student's
	109	+	7 parent or guardian on behalf of the student.
	110	+	8 (e) The State Board of Education may not withhold formula
	111	+	9 payments to a residential facility based upon the following:
	112	+	10 (1) Not executing a nonpublic facility placement
	113	+	11 contract between the school district and the residential
	114	+	12 facility.
	115	+	13 (2) The failure of the school district to participate
	116	+	14 in the individualized education program process or
	117	+	15 meetings for a student in the residential facility.
	118	+	16 (f) If the per diem rate provided by the Illinois
	119	+	17 Purchased Care Review Board for special education students
	120	+	18 during the applicable school year increases, the residential
	121	+	19 facility may submit an invoice to the State Board of Education
	122	+	20 for the amount that would have been due for prior months in the
	123	+	21 same school year based on the increased rate.
	124	+	22 (g) The State Board of Education shall pay the residential
	125	+	23 facility directly within 35 days of receipt of any invoice. If
	126	+	24 not paid within 35 days, the State Board of Education shall pay
	127	+	25 interest to the residential facility on any overdue amounts at
	128	+	26 a rate of 5% per month.
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176		-	1 placement and for notifying the resident district prior to the
177		-	2 placement, except in emergency situations. If the child is not
178		-	3 currently enrolled in a school district or if the resident
179		-	4 school district is unknown, the appropriate resident school
180		-	5 district must be identified and the child must be enrolled in
181		-	6 that district prior to the placement of the child, except in
182		-	7 emergency situations. The residential facility shall require
183		-	8 the parent or guardian of the child to sign a contract upon
184		-	9 placement in the residential facility affirming that the
185		-	10 parent or guardian understands the parent's or guardian's
186		-	11 obligations under State law, including the obligation to
187		-	12 enroll the child in the appropriate school district of
188		-	13 residence at time of placement or upon the child reaching the
189		-	14 age of 3. The identified school district of residence under
190		-	15 this Article may not deny enrollment on the basis of the
191		-	16 child's placement. The residential facility in which the
192		-	17 student is placed shall notify the resident district of the
193		-	18 student's enrollment as soon as practicable after the
194		-	19 placement. Failure of the placing agency or court to notify
195		-	20 the resident district prior to the placement does not absolve
196		-	21 the resident district of financial responsibility for the
197		-	22 educational costs of the placement; however, the resident
198		-	23 district shall not become financially responsible unless and
199		-	24 until it receives written notice of the placement by either
200		-	25 the placing agency, court, or residential facility. The
201		-	26 placing agency or parent shall request an individualized
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	139	+	1 (h) This Section applies only to a special education
	140	+	2 student who lives at and relies on residential facility as the
	141	+	3 student's overnight residence but who has not been enrolled by
	142	+	4 the student's parent or guardian in a school district.
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212		-	1 education program (IEP) meeting from the resident district if
213		-	2 the placement would entail additional educational services
214		-	3 beyond the student's current IEP. The district of residence
215		-	4 shall retain control of the IEP process, and any changes to the
216		-	5 IEP must be done in compliance with the federal Individuals
217		-	6 with Disabilities Education Act.
218		-	7 Prior to the placement of a child in an out-of-state
219		-	8 special education residential facility, the placing agency or
220		-	9 court must refer to the child or the child's parent or guardian
221		-	10 the option to place the child in a special education
222		-	11 residential facility located within this State, if any, that
223		-	12 provides treatment and services comparable to those provided
224		-	13 by the out-of-state special education residential facility.
225		-	14 The placing agency or court must review annually the placement
226		-	15 of a child in an out-of-state special education residential
227		-	16 facility. As a part of the review, the placing agency or court
228		-	17 must refer to the child or the child's parent or guardian the
229		-	18 option to place the child in a comparable special education
230		-	19 residential facility located within this State, if any.
231		-	20 Payments shall be made by the resident district to the
232		-	21 entity providing the educational services, whether the entity
233		-	22 is the residential facility or the school district wherein the
234		-	23 facility is located, no less than once per quarter unless
235		-	24 otherwise agreed to in writing by the parties.
236		-	25 A residential facility providing educational services
237		-	26 within the facility, but not approved by the State Board of
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247		-	HB5430 Engrossed - 8 - LRB103 37555 RJT 67680 b
248		-	1 Education, is required to demonstrate proof to the State Board
249		-	2 of (i) appropriate licensure of teachers for the student
250		-	3 population, (ii) age-appropriate curriculum, (iii) enrollment
251		-	4 and attendance data, and (iv) the ability to implement the
252		-	5 child's IEP. A school district is under no obligation to pay
253		-	6 such a residential facility unless and until such proof is
254		-	7 provided to the State Board's satisfaction.
255		-	8 When a dispute arises over the determination of the
256		-	9 district of residence under this Section, any person or
257		-	10 entity, including without limitation a school district or
258		-	11 residential facility, may make a written request for a
259		-	12 residency decision to the State Superintendent of Education,
260		-	13 who, upon review of materials submitted and any other items of
261		-	14 information he or she may request for submission, shall issue
262		-	15 his or her decision in writing. The decision of the State
263		-	16 Superintendent of Education is final.
264		-	17 (Source: P.A. 102-254, eff. 8-6-21; 102-894, eff. 5-20-22.)
265		-
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270		-	HB5430 Engrossed - 8 - LRB103 37555 RJT 67680 b
	148	+	HB5430 - 4 - LRB103 37555 RJT 67680 b