HB 5430

Abstract

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 an 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 apply only to a special education student who lives at and relies on a 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. House Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/14-1.11c new Adds reference to: 105 ILCS 5/14-1.11 from Ch. 122, par. 14-1.11 105 ILCS 5/14-1.11a from Ch. 122, par. 14-1.11a 105 ILCS 5/14-7.05 Replaces everything after the enacting clause. Amends the Children with Disabilities Article of the School Code. Provides that a parent or guardian that moves out of the State after the parent's or guardian's child is placed in a nonpublic school or special education facility, public out-of-state school, or county special education facility shall enroll the child in a school in the other state to initiate reimbursement to Illinois. Provides that if the laws, policies, or procedures of the other state prohibit the foregoing or if the parent or guardian otherwise provides proof of at least one satisfactory attempt to enroll the child but is refused by the other state, the child shall continue to be deemed a resident of the last school district in which the child was enrolled. In provisions concerning the determination that the location of a parent or guardian of a student is unknown, provides that the information submitted from a school district or school or special education facility providing special education to the State Superintendent of Education must include an affidavit from that school district's superintendent or the facility's director attesting that the location of the parent or guardian is unknown and at least 3 satisfactory attempts were made to locate the parent or guardian and no response was received from the parent or guardian within 14 days after such satisfactory attempts (instead of requiring 4 items of documentary evidence that a minimum of 4 separate attempts were made). Provides that any determination by the State Superintendent of Education that the location of a parent or guardian is unknown shall be made as soon as practicable after receipt of the affidavit from the school district's superintendent or the facility's director. Provides that a school district or special education facility may request assistance with determining the location of a parent or guardian from the State Board of Education. In provisions concerning placement in a residential facility, provides that if the child is not currently enrolled in a school district or if the resident school district is unknown, the appropriate resident school district must be identified and the child must be enrolled in that district prior to the placement of the child, except in emergency situations. Provides that the residential facility shall require the parent or guardian of the child to sign a contract upon placement in the residential facility affirming that the parent or guardian understands the parent's or guardian's obligations under State law, including the obligation to enroll the child in the appropriate school district of residence at time of placement or upon the child reaching the age of 3. Provides that the identified school district of residence may not deny enrollment on the basis of the child's placement. Effective immediately.