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| 1 | + | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2149 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 105 ILCS 5/18-3 from Ch. 122, par. 18-3 Amends the School Code. Provides that the depreciation allowance included under the amount of the tuition for a child from a home for orphans, dependent, abandoned, or maladjusted children shall exclude depreciation of assets paid from federal or donated funds. LRB104 10509 LNS 20584 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2149 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 105 ILCS 5/18-3 from Ch. 122, par. 18-3 105 ILCS 5/18-3 from Ch. 122, par. 18-3 Amends the School Code. Provides that the depreciation allowance included under the amount of the tuition for a child from a home for orphans, dependent, abandoned, or maladjusted children shall exclude depreciation of assets paid from federal or donated funds. LRB104 10509 LNS 20584 b LRB104 10509 LNS 20584 b A BILL FOR |
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| 2 | + | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2149 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: |
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| 3 | + | 105 ILCS 5/18-3 from Ch. 122, par. 18-3 105 ILCS 5/18-3 from Ch. 122, par. 18-3 |
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| 4 | + | 105 ILCS 5/18-3 from Ch. 122, par. 18-3 |
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| 5 | + | Amends the School Code. Provides that the depreciation allowance included under the amount of the tuition for a child from a home for orphans, dependent, abandoned, or maladjusted children shall exclude depreciation of assets paid from federal or donated funds. |
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| 6 | + | LRB104 10509 LNS 20584 b LRB104 10509 LNS 20584 b |
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| 7 | + | LRB104 10509 LNS 20584 b |
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| 8 | + | A BILL FOR |
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| 9 | + | SB2149LRB104 10509 LNS 20584 b SB2149 LRB104 10509 LNS 20584 b |
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| 10 | + | SB2149 LRB104 10509 LNS 20584 b |
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3 | 11 | | 1 AN ACT concerning education. |
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4 | 12 | | 2 Be it enacted by the People of the State of Illinois, |
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5 | 13 | | 3 represented in the General Assembly: |
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6 | 14 | | 4 Section 5. The School Code is amended by changing Section |
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7 | 15 | | 5 18-3 as follows: |
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8 | 16 | | 6 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3) |
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9 | 17 | | 7 Sec. 18-3. Tuition of children from orphanages and |
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10 | 18 | | 8 children's homes. When the children from any home for orphans, |
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11 | 19 | | 9 dependent, abandoned or maladjusted children maintained by any |
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12 | 20 | | 10 organization or association admitting to such home children |
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13 | 21 | | 11 from the State in general or when children residing in a school |
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14 | 22 | | 12 district wherein the State of Illinois maintains and operates |
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15 | 23 | | 13 any welfare or penal institution on property owned by the |
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16 | 24 | | 14 State of Illinois, which contains houses, housing units or |
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17 | 25 | | 15 housing accommodations within a school district, attend grades |
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18 | 26 | | 16 kindergarten through 12 of the public schools maintained by |
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19 | 27 | | 17 that school district, the State Superintendent of Education |
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20 | 28 | | 18 shall direct the State Comptroller to pay a specified amount |
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21 | 29 | | 19 sufficient to pay the annual tuition cost of such children who |
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22 | 30 | | 20 attended such public schools during the regular school year |
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23 | 31 | | 21 ending on June 30. The Comptroller shall pay the amount after |
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24 | 32 | | 22 receipt of a voucher submitted by the State Superintendent of |
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25 | 33 | | 23 Education. |
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26 | 34 | | |
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27 | 35 | | |
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28 | 36 | | |
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34 | 68 | | 1 The amount of the tuition for such children attending the |
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35 | 69 | | 2 public schools of the district shall be determined by the |
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36 | 70 | | 3 State Superintendent of Education by multiplying the number of |
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37 | 71 | | 4 such children in average daily attendance in such schools by |
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38 | 72 | | 5 1.2 times the total annual per capita cost of administering |
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39 | 73 | | 6 the schools of the district. Such total annual per capita cost |
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40 | 74 | | 7 shall be determined by totaling all expenses of the school |
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41 | 75 | | 8 district in the educational, operations and maintenance, bond |
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42 | 76 | | 9 and interest, transportation, Illinois municipal retirement, |
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43 | 77 | | 10 and rent funds for the school year preceding the filing of such |
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44 | 78 | | 11 tuition claims less expenditures not applicable to the regular |
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45 | 79 | | 12 K-12 program, less offsetting revenues from State sources |
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46 | 80 | | 13 except those from the common school fund, less offsetting |
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47 | 81 | | 14 revenues from federal sources except those from federal |
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48 | 82 | | 15 impaction aid, less student and community service revenues, |
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49 | 83 | | 16 plus a depreciation allowance; and dividing such total by the |
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50 | | - | 17 average daily attendance for the year. Notwithstanding |
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51 | | - | 18 subsection (a), for any school district that (i) is designated |
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52 | | - | 19 as a Tier 1 or Tier 2 school district under Section 18-8.15, |
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53 | | - | 20 (ii) has at least one school that is located on federal |
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54 | | - | 21 property, (iii) has an overall student population of no more |
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55 | | - | 22 than 4,500 students and no less than 2,500 students, and (iv) |
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56 | | - | 23 receives a federal Public Schools on Military Installations |
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57 | | - | 24 grant until June 30, 2030, the depreciation allowance shall |
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58 | | - | 25 exclude the following: |
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59 | | - | 26 (1) Depreciation of the portion of a new school |
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| 84 | + | 17 average daily attendance for the year. The depreciation |
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| 85 | + | 18 allowance shall exclude depreciation of assets paid from |
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| 86 | + | 19 federal or donated funds. |
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| 87 | + | 20 Annually on or before June 15 the superintendent of the |
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| 88 | + | 21 district shall certify to the State Superintendent of |
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| 89 | + | 22 Education the following: |
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| 90 | + | 23 1. The name of the home and of the organization or |
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| 91 | + | 24 association maintaining it; or the legal description of |
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| 92 | + | 25 the real estate upon which the house, housing units, or |
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| 93 | + | 26 housing accommodations are located and that no taxes or |
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69 | | - | SB2149 Engrossed - 3 - LRB104 10509 LNS 20584 b |
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70 | | - | 1 building that was constructed using federal or donated |
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71 | | - | 2 funds from the school district's Capital Projects Fund. |
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72 | | - | 3 (2) Depreciation of the portion of a new school |
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73 | | - | 4 building that was constructed with private funds and |
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74 | | - | 5 donated to the school district upon completion. |
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75 | | - | 6 Annually on or before June 15 the superintendent of the |
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76 | | - | 7 district shall certify to the State Superintendent of |
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77 | | - | 8 Education the following: |
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78 | | - | 9 1. The name of the home and of the organization or |
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79 | | - | 10 association maintaining it; or the legal description of |
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80 | | - | 11 the real estate upon which the house, housing units, or |
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81 | | - | 12 housing accommodations are located and that no taxes or |
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82 | | - | 13 service charges or other payments authorized by law to be |
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83 | | - | 14 made in lieu of taxes were collected therefrom or on |
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84 | | - | 15 account thereof during either of the calendar years |
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85 | | - | 16 included in the school year for which claim is being made; |
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86 | | - | 17 2. The number of children from the home or living in |
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87 | | - | 18 such houses, housing units or housing accommodations and |
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88 | | - | 19 attending the schools of the district; |
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89 | | - | 20 3. The total number of children attending the schools |
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90 | | - | 21 of the district; |
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91 | | - | 22 4. The per capita tuition charge of the district; and |
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92 | | - | 23 5. The computed amount of the tuition payment claimed |
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93 | | - | 24 as due. |
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94 | | - | 25 Whenever the persons in charge of such home for orphans, |
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95 | | - | 26 dependent, abandoned or maladjusted children have received |
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| 103 | + | SB2149 - 3 - LRB104 10509 LNS 20584 b |
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| 104 | + | 1 service charges or other payments authorized by law to be |
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| 105 | + | 2 made in lieu of taxes were collected therefrom or on |
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| 106 | + | 3 account thereof during either of the calendar years |
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| 107 | + | 4 included in the school year for which claim is being made; |
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| 108 | + | 5 2. The number of children from the home or living in |
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| 109 | + | 6 such houses, housing units or housing accommodations and |
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| 110 | + | 7 attending the schools of the district; |
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| 111 | + | 8 3. The total number of children attending the schools |
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| 112 | + | 9 of the district; |
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| 113 | + | 10 4. The per capita tuition charge of the district; and |
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| 114 | + | 11 5. The computed amount of the tuition payment claimed |
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| 115 | + | 12 as due. |
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| 116 | + | 13 Whenever the persons in charge of such home for orphans, |
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| 117 | + | 14 dependent, abandoned or maladjusted children have received |
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| 118 | + | 15 from the parent or guardian of any such child or by virtue of |
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| 119 | + | 16 an order of court a specific allowance for educating such |
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| 120 | + | 17 child, such persons shall pay to the school board in the |
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| 121 | + | 18 district where the child attends school such amount of the |
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| 122 | + | 19 allowance as is necessary to pay the tuition required by such |
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| 123 | + | 20 district for the education of the child. If the allowance is |
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| 124 | + | 21 insufficient to pay the tuition in full the State |
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| 125 | + | 22 Superintendent of Education shall direct the Comptroller to |
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| 126 | + | 23 pay to the district the difference between the total tuition |
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| 127 | + | 24 charged and the amount of the allowance. |
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| 128 | + | 25 Whenever the facilities of a school district in which such |
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| 129 | + | 26 house, housing units or housing accommodations are located, |
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106 | | - | 1 from the parent or guardian of any such child or by virtue of |
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107 | | - | 2 an order of court a specific allowance for educating such |
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108 | | - | 3 child, such persons shall pay to the school board in the |
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109 | | - | 4 district where the child attends school such amount of the |
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110 | | - | 5 allowance as is necessary to pay the tuition required by such |
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111 | | - | 6 district for the education of the child. If the allowance is |
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112 | | - | 7 insufficient to pay the tuition in full the State |
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113 | | - | 8 Superintendent of Education shall direct the Comptroller to |
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114 | | - | 9 pay to the district the difference between the total tuition |
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115 | | - | 10 charged and the amount of the allowance. |
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116 | | - | 11 Whenever the facilities of a school district in which such |
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117 | | - | 12 house, housing units or housing accommodations are located, |
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118 | | - | 13 are limited, pupils may be assigned by that district to the |
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119 | | - | 14 schools of any adjacent district to the limit of the |
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120 | | - | 15 facilities of the adjacent district to properly educate such |
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121 | | - | 16 pupils as shall be determined by the school board of the |
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122 | | - | 17 adjacent district, and the State Superintendent of Education |
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123 | | - | 18 shall direct the Comptroller to pay a specified amount |
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124 | | - | 19 sufficient to pay the annual tuition of the children so |
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125 | | - | 20 assigned to and attending public schools in the adjacent |
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126 | | - | 21 districts and the Comptroller shall draw his warrant upon the |
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127 | | - | 22 State Treasurer for the payment of such amount for the benefit |
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128 | | - | 23 of the adjacent school districts in the same manner as for |
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129 | | - | 24 districts in which the houses, housing units or housing |
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130 | | - | 25 accommodations are located. |
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131 | | - | 26 Summer session costs shall be reimbursed based on the |
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| 139 | + | SB2149 - 4 - LRB104 10509 LNS 20584 b |
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| 140 | + | 1 are limited, pupils may be assigned by that district to the |
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| 141 | + | 2 schools of any adjacent district to the limit of the |
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| 142 | + | 3 facilities of the adjacent district to properly educate such |
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| 143 | + | 4 pupils as shall be determined by the school board of the |
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| 144 | + | 5 adjacent district, and the State Superintendent of Education |
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| 145 | + | 6 shall direct the Comptroller to pay a specified amount |
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| 146 | + | 7 sufficient to pay the annual tuition of the children so |
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| 147 | + | 8 assigned to and attending public schools in the adjacent |
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| 148 | + | 9 districts and the Comptroller shall draw his warrant upon the |
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| 149 | + | 10 State Treasurer for the payment of such amount for the benefit |
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| 150 | + | 11 of the adjacent school districts in the same manner as for |
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| 151 | + | 12 districts in which the houses, housing units or housing |
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| 152 | + | 13 accommodations are located. |
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| 153 | + | 14 Summer session costs shall be reimbursed based on the |
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| 154 | + | 15 actual expenditures for providing these services. On or before |
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| 155 | + | 16 November 1 of each year, the superintendent of each eligible |
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| 156 | + | 17 school district shall certify to the State Superintendent of |
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| 157 | + | 18 Education the claim of the district for the summer session |
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| 158 | + | 19 following the regular school year just ended. The State |
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| 159 | + | 20 Superintendent of Education shall transmit to the Comptroller |
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| 160 | + | 21 no later than December 15th of each year vouchers for payment |
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| 161 | + | 22 of amounts due to school districts for summer session. |
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| 162 | + | 23 Claims for tuition for children from any home for orphans |
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| 163 | + | 24 or dependent, abandoned, or maladjusted children shall be paid |
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| 164 | + | 25 on a current year basis. On September 30, December 31, and |
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| 165 | + | 26 March 31, the State Board of Education shall voucher payments |
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142 | | - | 1 actual expenditures for providing these services. On or before |
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143 | | - | 2 November 1 of each year, the superintendent of each eligible |
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144 | | - | 3 school district shall certify to the State Superintendent of |
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145 | | - | 4 Education the claim of the district for the summer session |
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146 | | - | 5 following the regular school year just ended. The State |
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147 | | - | 6 Superintendent of Education shall transmit to the Comptroller |
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148 | | - | 7 no later than December 15th of each year vouchers for payment |
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149 | | - | 8 of amounts due to school districts for summer session. |
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150 | | - | 9 Claims for tuition for children from any home for orphans |
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151 | | - | 10 or dependent, abandoned, or maladjusted children shall be paid |
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152 | | - | 11 on a current year basis. On September 30, December 31, and |
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153 | | - | 12 March 31, the State Board of Education shall voucher payments |
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154 | | - | 13 for districts with those students based on an estimated cost |
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155 | | - | 14 calculated from the prior year's claim. The school district |
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156 | | - | 15 shall certify to the State Superintendent of Education the |
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157 | | - | 16 report of claims due for such tuition payments on or before |
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158 | | - | 17 June 15. Claims received by June 15 may be amended until August |
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159 | | - | 18 1. The State Superintendent of Education shall direct the |
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160 | | - | 19 State Comptroller to pay to the district, on or before August |
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161 | | - | 20 31, the amount due for the district for the school year in |
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162 | | - | 21 accordance with the calculation of the claim as set forth in |
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163 | | - | 22 this Section. However, notwithstanding any other provisions of |
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164 | | - | 23 this Section or the School Code, beginning with fiscal year |
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165 | | - | 24 1994 and each fiscal year thereafter, if the amount |
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166 | | - | 25 appropriated for any fiscal year is less than the amount |
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167 | | - | 26 required for purposes of this Section, the amount required to |
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| 175 | + | SB2149 - 5 - LRB104 10509 LNS 20584 b |
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| 176 | + | 1 for districts with those students based on an estimated cost |
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| 177 | + | 2 calculated from the prior year's claim. The school district |
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| 178 | + | 3 shall certify to the State Superintendent of Education the |
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| 179 | + | 4 report of claims due for such tuition payments on or before |
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| 180 | + | 5 June 15. Claims received by June 15 may be amended until August |
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| 181 | + | 6 1. The State Superintendent of Education shall direct the |
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| 182 | + | 7 State Comptroller to pay to the district, on or before August |
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| 183 | + | 8 31, the amount due for the district for the school year in |
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| 184 | + | 9 accordance with the calculation of the claim as set forth in |
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| 185 | + | 10 this Section. However, notwithstanding any other provisions of |
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| 186 | + | 11 this Section or the School Code, beginning with fiscal year |
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| 187 | + | 12 1994 and each fiscal year thereafter, if the amount |
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| 188 | + | 13 appropriated for any fiscal year is less than the amount |
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| 189 | + | 14 required for purposes of this Section, the amount required to |
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| 190 | + | 15 eliminate any insufficient reimbursement for each district |
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| 191 | + | 16 claim under this Section shall be reimbursed on August 31 of |
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| 192 | + | 17 the next fiscal year. Payments required to eliminate any |
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| 193 | + | 18 insufficiency for prior fiscal year claims shall be made |
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| 194 | + | 19 before any claims are paid for the current fiscal year. |
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| 195 | + | 20 If a school district makes a claim for reimbursement under |
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| 196 | + | 21 Section 14-7.03 it shall not include in any claim filed under |
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| 197 | + | 22 this Section children residing on the property of State |
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| 198 | + | 23 institutions included in its claim under Section 14-7.03. |
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| 199 | + | 24 Any child who is not a resident of Illinois who is placed |
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| 200 | + | 25 in a child welfare institution, private facility, State |
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| 201 | + | 26 operated program, orphanage or children's home shall have the |
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178 | | - | 1 eliminate any insufficient reimbursement for each district |
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179 | | - | 2 claim under this Section shall be reimbursed on August 31 of |
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180 | | - | 3 the next fiscal year. Payments required to eliminate any |
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181 | | - | 4 insufficiency for prior fiscal year claims shall be made |
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182 | | - | 5 before any claims are paid for the current fiscal year. |
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183 | | - | 6 If a school district makes a claim for reimbursement under |
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184 | | - | 7 Section 14-7.03 it shall not include in any claim filed under |
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185 | | - | 8 this Section children residing on the property of State |
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186 | | - | 9 institutions included in its claim under Section 14-7.03. |
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187 | | - | 10 Any child who is not a resident of Illinois who is placed |
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188 | | - | 11 in a child welfare institution, private facility, State |
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189 | | - | 12 operated program, orphanage or children's home shall have the |
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190 | | - | 13 payment for his educational tuition and any related services |
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191 | | - | 14 assured by the placing agent. |
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192 | | - | 15 In order to provide services appropriate to allow a |
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193 | | - | 16 student under the legal guardianship or custodianship of the |
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194 | | - | 17 State to participate in local school district educational |
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195 | | - | 18 programs, costs may be incurred in appropriate cases by the |
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196 | | - | 19 district that are in excess of 1.2 times the district per |
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197 | | - | 20 capita tuition charge allowed under the provisions of this |
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198 | | - | 21 Section. In the event such excess costs are incurred, they |
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199 | | - | 22 must be documented in accordance with cost rules established |
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200 | | - | 23 under the authority of this Section and may then be claimed for |
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201 | | - | 24 reimbursement under this Section. |
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202 | | - | 25 Planned services for students eligible for this funding |
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203 | | - | 26 must be a collaborative effort between the appropriate State |
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