Ill. Admin. Code tit. 23, § 405.30 - Procedural Requirements
a) In
addition to providing notice to the district of residence as required by
Section 14-7.05 of the School Code, and no later than 15 days after a provider
is notified of the placement of an affected student and wishes to receive
payment from the student's district of residence for the cost of educating that
student, the provider shall furnish to the State Superintendent of Education,
using a method and format specified by the State Superintendent, as much of the
following information as may be available to the provider:
1) the affected student's full name and date
of birth;
2) contact information
for the student's parent or guardian;
3) the placing authority;
4) the effective date of the placement and
the date on which educational services began or will begin, as
applicable;
5) the ending date of
the placement, if any has been established;
6) the unique identifying number assigned to
the student by the Student Information System (see 23 Ill. Adm. Code
1.75)
;
7) the student's district of
residence; and
8) the provider's
calendar for the educational program for the school year in which the placement
occurs.
b) No later than
15 days after an affected student's placement into an educational program, the
provider shall submit the documentation and information required under Section
405.40 of
this Part to the State Superintendent of Education, using a method and format
specified by the State Superintendent. However, when an affected student's
placement occurs during the month of June, the provider will only be able to
preserve the right to payment by the district of residence by submitting the
required documentation and information quickly enough to leave time for the
district to make payment out of funds available for the fiscal year ending June
30.
c) The State Superintendent or
designee shall review the materials submitted pursuant to subsection (b) of
this Section and, within ten business days, notify the provider either:
1) that satisfactory proof has been furnished
as required by Section 14-7.05 of the School Code; or
2) that the materials submitted do not
constitute satisfactory proof in one or more specified respects and the nature
of the deficiency.
d) A
provider receiving notice of insufficient proof may submit additional
documentation related to the identified areas of deficiency, provided that
additional submissions received after June 30 following the end of the school
year in which the placement occurred shall not be considered and a student's
district of residence shall not be obligated to pay the costs of educating the
student for that school year.
e)
The State Superintendent shall provide copies of all notifications to providers
under this Section to the districts of residence of the affected students.
A school district is under no obligation to pay the residential
facility unless and until proof is provided to the State Board's
satisfaction (Section 14-7.05 of the School Code). A school district
is under no obligation to pay the residential facility for services rendered
prior to the date the facility was notified that satisfactory proof of approval
was furnished.
f) The decision of
the State Superintendent as to the obligation of a school district to make
payments pursuant to this Part shall be final, subject to the provisions of the
Administrative Review Law [ 735 ILCS 5 /Art. III].
g) Nothing in this Part shall be construed as
alleviating the responsibility of any student's district of residence for the
development of that student's IEP in accordance with the requirements of 23
Ill. Adm. Code
226.220
and
226.230, or as
conferring responsibility for the IEP on any other entity.
Notes
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