Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2149 Compare Versions

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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
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2149 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
3+105 ILCS 5/18-3 from Ch. 122, par. 18-3 105 ILCS 5/18-3 from Ch. 122, par. 18-3
4+105 ILCS 5/18-3 from Ch. 122, par. 18-3
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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311 1 AN ACT concerning education.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The School Code is amended by changing Section
715 5 18-3 as follows:
816 6 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
917 7 Sec. 18-3. Tuition of children from orphanages and
1018 8 children's homes. When the children from any home for orphans,
1119 9 dependent, abandoned or maladjusted children maintained by any
1220 10 organization or association admitting to such home children
1321 11 from the State in general or when children residing in a school
1422 12 district wherein the State of Illinois maintains and operates
1523 13 any welfare or penal institution on property owned by the
1624 14 State of Illinois, which contains houses, housing units or
1725 15 housing accommodations within a school district, attend grades
1826 16 kindergarten through 12 of the public schools maintained by
1927 17 that school district, the State Superintendent of Education
2028 18 shall direct the State Comptroller to pay a specified amount
2129 19 sufficient to pay the annual tuition cost of such children who
2230 20 attended such public schools during the regular school year
2331 21 ending on June 30. The Comptroller shall pay the amount after
2432 22 receipt of a voucher submitted by the State Superintendent of
2533 23 Education.
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37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2149 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
38+105 ILCS 5/18-3 from Ch. 122, par. 18-3 105 ILCS 5/18-3 from Ch. 122, par. 18-3
39+105 ILCS 5/18-3 from Ch. 122, par. 18-3
40+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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3468 1 The amount of the tuition for such children attending the
3569 2 public schools of the district shall be determined by the
3670 3 State Superintendent of Education by multiplying the number of
3771 4 such children in average daily attendance in such schools by
3872 5 1.2 times the total annual per capita cost of administering
3973 6 the schools of the district. Such total annual per capita cost
4074 7 shall be determined by totaling all expenses of the school
4175 8 district in the educational, operations and maintenance, bond
4276 9 and interest, transportation, Illinois municipal retirement,
4377 10 and rent funds for the school year preceding the filing of such
4478 11 tuition claims less expenditures not applicable to the regular
4579 12 K-12 program, less offsetting revenues from State sources
4680 13 except those from the common school fund, less offsetting
4781 14 revenues from federal sources except those from federal
4882 15 impaction aid, less student and community service revenues,
4983 16 plus a depreciation allowance; and dividing such total by the
50-17 average daily attendance for the year. Notwithstanding
51-18 subsection (a), for any school district that (i) is designated
52-19 as a Tier 1 or Tier 2 school district under Section 18-8.15,
53-20 (ii) has at least one school that is located on federal
54-21 property, (iii) has an overall student population of no more
55-22 than 4,500 students and no less than 2,500 students, and (iv)
56-23 receives a federal Public Schools on Military Installations
57-24 grant until June 30, 2030, the depreciation allowance shall
58-25 exclude the following:
59-26 (1) Depreciation of the portion of a new school
84+17 average daily attendance for the year. The depreciation
85+18 allowance shall exclude depreciation of assets paid from
86+19 federal or donated funds.
87+20 Annually on or before June 15 the superintendent of the
88+21 district shall certify to the State Superintendent of
89+22 Education the following:
90+23 1. The name of the home and of the organization or
91+24 association maintaining it; or the legal description of
92+25 the real estate upon which the house, housing units, or
93+26 housing accommodations are located and that no taxes or
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70-1 building that was constructed using federal or donated
71-2 funds from the school district's Capital Projects Fund.
72-3 (2) Depreciation of the portion of a new school
73-4 building that was constructed with private funds and
74-5 donated to the school district upon completion.
75-6 Annually on or before June 15 the superintendent of the
76-7 district shall certify to the State Superintendent of
77-8 Education the following:
78-9 1. The name of the home and of the organization or
79-10 association maintaining it; or the legal description of
80-11 the real estate upon which the house, housing units, or
81-12 housing accommodations are located and that no taxes or
82-13 service charges or other payments authorized by law to be
83-14 made in lieu of taxes were collected therefrom or on
84-15 account thereof during either of the calendar years
85-16 included in the school year for which claim is being made;
86-17 2. The number of children from the home or living in
87-18 such houses, housing units or housing accommodations and
88-19 attending the schools of the district;
89-20 3. The total number of children attending the schools
90-21 of the district;
91-22 4. The per capita tuition charge of the district; and
92-23 5. The computed amount of the tuition payment claimed
93-24 as due.
94-25 Whenever the persons in charge of such home for orphans,
95-26 dependent, abandoned or maladjusted children have received
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104+1 service charges or other payments authorized by law to be
105+2 made in lieu of taxes were collected therefrom or on
106+3 account thereof during either of the calendar years
107+4 included in the school year for which claim is being made;
108+5 2. The number of children from the home or living in
109+6 such houses, housing units or housing accommodations and
110+7 attending the schools of the district;
111+8 3. The total number of children attending the schools
112+9 of the district;
113+10 4. The per capita tuition charge of the district; and
114+11 5. The computed amount of the tuition payment claimed
115+12 as due.
116+13 Whenever the persons in charge of such home for orphans,
117+14 dependent, abandoned or maladjusted children have received
118+15 from the parent or guardian of any such child or by virtue of
119+16 an order of court a specific allowance for educating such
120+17 child, such persons shall pay to the school board in the
121+18 district where the child attends school such amount of the
122+19 allowance as is necessary to pay the tuition required by such
123+20 district for the education of the child. If the allowance is
124+21 insufficient to pay the tuition in full the State
125+22 Superintendent of Education shall direct the Comptroller to
126+23 pay to the district the difference between the total tuition
127+24 charged and the amount of the allowance.
128+25 Whenever the facilities of a school district in which such
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
107-2 an order of court a specific allowance for educating such
108-3 child, such persons shall pay to the school board in the
109-4 district where the child attends school such amount of the
110-5 allowance as is necessary to pay the tuition required by such
111-6 district for the education of the child. If the allowance is
112-7 insufficient to pay the tuition in full the State
113-8 Superintendent of Education shall direct the Comptroller to
114-9 pay to the district the difference between the total tuition
115-10 charged and the amount of the allowance.
116-11 Whenever the facilities of a school district in which such
117-12 house, housing units or housing accommodations are located,
118-13 are limited, pupils may be assigned by that district to the
119-14 schools of any adjacent district to the limit of the
120-15 facilities of the adjacent district to properly educate such
121-16 pupils as shall be determined by the school board of the
122-17 adjacent district, and the State Superintendent of Education
123-18 shall direct the Comptroller to pay a specified amount
124-19 sufficient to pay the annual tuition of the children so
125-20 assigned to and attending public schools in the adjacent
126-21 districts and the Comptroller shall draw his warrant upon the
127-22 State Treasurer for the payment of such amount for the benefit
128-23 of the adjacent school districts in the same manner as for
129-24 districts in which the houses, housing units or housing
130-25 accommodations are located.
131-26 Summer session costs shall be reimbursed based on the
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140+1 are limited, pupils may be assigned by that district to the
141+2 schools of any adjacent district to the limit of the
142+3 facilities of the adjacent district to properly educate such
143+4 pupils as shall be determined by the school board of the
144+5 adjacent district, and the State Superintendent of Education
145+6 shall direct the Comptroller to pay a specified amount
146+7 sufficient to pay the annual tuition of the children so
147+8 assigned to and attending public schools in the adjacent
148+9 districts and the Comptroller shall draw his warrant upon the
149+10 State Treasurer for the payment of such amount for the benefit
150+11 of the adjacent school districts in the same manner as for
151+12 districts in which the houses, housing units or housing
152+13 accommodations are located.
153+14 Summer session costs shall be reimbursed based on the
154+15 actual expenditures for providing these services. On or before
155+16 November 1 of each year, the superintendent of each eligible
156+17 school district shall certify to the State Superintendent of
157+18 Education the claim of the district for the summer session
158+19 following the regular school year just ended. The State
159+20 Superintendent of Education shall transmit to the Comptroller
160+21 no later than December 15th of each year vouchers for payment
161+22 of amounts due to school districts for summer session.
162+23 Claims for tuition for children from any home for orphans
163+24 or dependent, abandoned, or maladjusted children shall be paid
164+25 on a current year basis. On September 30, December 31, and
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
143-2 November 1 of each year, the superintendent of each eligible
144-3 school district shall certify to the State Superintendent of
145-4 Education the claim of the district for the summer session
146-5 following the regular school year just ended. The State
147-6 Superintendent of Education shall transmit to the Comptroller
148-7 no later than December 15th of each year vouchers for payment
149-8 of amounts due to school districts for summer session.
150-9 Claims for tuition for children from any home for orphans
151-10 or dependent, abandoned, or maladjusted children shall be paid
152-11 on a current year basis. On September 30, December 31, and
153-12 March 31, the State Board of Education shall voucher payments
154-13 for districts with those students based on an estimated cost
155-14 calculated from the prior year's claim. The school district
156-15 shall certify to the State Superintendent of Education the
157-16 report of claims due for such tuition payments on or before
158-17 June 15. Claims received by June 15 may be amended until August
159-18 1. The State Superintendent of Education shall direct the
160-19 State Comptroller to pay to the district, on or before August
161-20 31, the amount due for the district for the school year in
162-21 accordance with the calculation of the claim as set forth in
163-22 this Section. However, notwithstanding any other provisions of
164-23 this Section or the School Code, beginning with fiscal year
165-24 1994 and each fiscal year thereafter, if the amount
166-25 appropriated for any fiscal year is less than the amount
167-26 required for purposes of this Section, the amount required to
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176+1 for districts with those students based on an estimated cost
177+2 calculated from the prior year's claim. The school district
178+3 shall certify to the State Superintendent of Education the
179+4 report of claims due for such tuition payments on or before
180+5 June 15. Claims received by June 15 may be amended until August
181+6 1. The State Superintendent of Education shall direct the
182+7 State Comptroller to pay to the district, on or before August
183+8 31, the amount due for the district for the school year in
184+9 accordance with the calculation of the claim as set forth in
185+10 this Section. However, notwithstanding any other provisions of
186+11 this Section or the School Code, beginning with fiscal year
187+12 1994 and each fiscal year thereafter, if the amount
188+13 appropriated for any fiscal year is less than the amount
189+14 required for purposes of this Section, the amount required to
190+15 eliminate any insufficient reimbursement for each district
191+16 claim under this Section shall be reimbursed on August 31 of
192+17 the next fiscal year. Payments required to eliminate any
193+18 insufficiency for prior fiscal year claims shall be made
194+19 before any claims are paid for the current fiscal year.
195+20 If a school district makes a claim for reimbursement under
196+21 Section 14-7.03 it shall not include in any claim filed under
197+22 this Section children residing on the property of State
198+23 institutions included in its claim under Section 14-7.03.
199+24 Any child who is not a resident of Illinois who is placed
200+25 in a child welfare institution, private facility, State
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
179-2 claim under this Section shall be reimbursed on August 31 of
180-3 the next fiscal year. Payments required to eliminate any
181-4 insufficiency for prior fiscal year claims shall be made
182-5 before any claims are paid for the current fiscal year.
183-6 If a school district makes a claim for reimbursement under
184-7 Section 14-7.03 it shall not include in any claim filed under
185-8 this Section children residing on the property of State
186-9 institutions included in its claim under Section 14-7.03.
187-10 Any child who is not a resident of Illinois who is placed
188-11 in a child welfare institution, private facility, State
189-12 operated program, orphanage or children's home shall have the
190-13 payment for his educational tuition and any related services
191-14 assured by the placing agent.
192-15 In order to provide services appropriate to allow a
193-16 student under the legal guardianship or custodianship of the
194-17 State to participate in local school district educational
195-18 programs, costs may be incurred in appropriate cases by the
196-19 district that are in excess of 1.2 times the district per
197-20 capita tuition charge allowed under the provisions of this
198-21 Section. In the event such excess costs are incurred, they
199-22 must be documented in accordance with cost rules established
200-23 under the authority of this Section and may then be claimed for
201-24 reimbursement under this Section.
202-25 Planned services for students eligible for this funding
203-26 must be a collaborative effort between the appropriate State
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214-1 agency or the student's group home or institution and the
215-2 local school district.
216-3 (Source: P.A. 101-17, eff. 6-14-19.)
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