2005 Illinois 105 ILCS 5/ School Code. Article 14B - Educationally Disadvantaged Children
(105 ILCS 5/Art. 14B heading)
ARTICLE 14B.
EDUCATIONALLY DISADVANTAGED CHILDREN
(105 ILCS 5/14B‑1) (from Ch. 122, par. 14B‑1)
Sec. 14B‑1.
Purpose.
The purpose of this enactment is to assist and encourage local school
districts in the development and improvement of an educational program that
will increase the educational services of the public schools of Illinois
for educationally disadvantaged children as defined herein.
(Source: Laws 1965, p. 3232.)
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(105 ILCS 5/14B‑2) (from Ch. 122, par. 14B‑2)
Sec. 14B‑2.
Definitions.
For purposes of this Article.
"Educationally disadvantaged children" means children between the ages
of 3 and 18 years who do not qualify for the special educational facilities
provided for in Article 14 of this Act but who, because of their home and
community environment are subject to such language, cultural, economic and
like disadvantages that it is unlikely they will graduate from high school
unless special educational programs and services supplementing the regular
public school program are made available to them.
"Compensatory education program" means a program of instruction and
services, supplementary to the regular public school program, for
educationally disadvantaged children including those enrolled in school,
those who have dropped out of school before graduation, and those who have
not yet entered first grade. "Compensatory education program" includes only
such programs as provide for instruction and services to all educationally
disadvantaged children of the school district, including those who attend
non‑public schools organized not for profit, without regard to whether
enrolled in any other program or course offered by the school district.
Such a program may be offered during or outside of the regular school day
and includes (1) individualized psychological services, (2) individualized
instruction, (3) remedial instruction, (4) activities planned to broaden
the cultural experience of such children, (5) working relationships with
parents and guardians of such children, (6) special guidance and counseling
of such children and persons in the homes of such children, (7) cooperation
with local, state and federal agencies providing facilities, services or
activities for such children, (8) employment of additional teachers where
it is necessary to reduce the size of regular classes for such children,
(9) individualized social work services, and (10) such other programs,
meeting the standards of this Act, and the standards and requirements set
forth in Title I of the Federal Elementary and Secondary Education Act of
1965, as are directed to the stimulating of the educational and cultural
capabilities of such children or to assisting and encouraging high school
drop outs to complete their requirements for graduation.
(Source: P.A. 86‑303.)
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(105 ILCS 5/14B‑3) (from Ch. 122, par. 14B‑3)
Sec. 14B‑3.
Supervision of program.
The administration of compensatory education programs shall be
supervised by the State Board of Education with the advice
of the Advisory Council on Compensatory Education.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/14B‑4) (from Ch. 122, par. 14B‑4)
Sec. 14B‑4.
Advisory council.
There is created an Advisory Council on Compensatory Education to
consist of 7 members appointed by the State Board of Education, who
shall hold office for 7 years, except that the initial
appointments shall be made for periods of from 1 to 7 years, inclusive.
At the expiration of these initial appointments subsequent appointments
shall be for the full 7 year term. Vacancies shall be filled in like
manner for the unexpired balance of the term only.
The members appointed shall be citizens of the United States and of
this State and shall be selected, as far as may be practicable, on the
basis of their knowledge of, or experience in, problems of the education
of educationally disadvantaged children.
The State Board of Education
shall seek the advice of the
Advisory Council regarding all rules or regulations to be promulgated by
the State Board.
The Council shall organize with the chairman selected by the Council
members and shall meet at the call of the chairman upon 10 days' written
notice but not less than 4 times in each calendar year. The Council
shall consider any rule or regulation proposed by the State Board of Education
within 60 days after its receipt
by the chairman.
Members of the Council shall serve without compensation but shall be
entitled to reasonable amounts for expenses necessarily incurred in the
performance of their duties.
The State Board of Education
shall designate an employee
of the State Board to act as executive secretary of the
Council and shall
furnish all clerical assistance necessary for the performance of its
powers and duties.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/14B‑5) (from Ch. 122, par. 14B‑5)
Sec. 14B‑5.
Approval of programs.
Pursuant to regulations of the State Board of Education,
a proposed compensatory education program may be submitted to the
Advisory Council by a school district, 2 or more cooperating school
districts, a county, or 2 or more cooperating counties. Upon receipt of
such proposal, the Advisory Council shall evaluate it, using the
standards set forth in this Act and the standards and requirements set
forth in Title I of the Federal Elementary and Secondary Education Act
of 1965. The Council shall give its reasons for finding such a proposal
to be unacceptable. If found to be acceptable, the Council shall
recommend the acceptance of such proposal to the State Board of Education,
and the State Board may approve the same.
If the State Board of Education
approves the program, the applicant is entitled to
reimbursement for each pupil in such program for the costs of
instruction and other services, including materials and equipment and
other expenses incident thereto, up to a maximum amount computed by
multiplying (1) the sum of the number of schoolage children in the
school district, two or more cooperating school districts, a county or
two or more cooperating counties from families with annual incomes of
less than $2,000 and from families receiving more than $2,000 annually
from the program of Aid to Families with Dependent Children, by (2)
one‑half the average annual current expenditure per school child in the
State, all as further defined and specified in Title I of the Federal
Elementary and Secondary Education Act of 1965.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/14B‑6) (from Ch. 122, par. 14B‑6)
Sec. 14B‑6.
Standards.
In evaluating a compensatory education program, the Advisory Council
shall determine (1) the existence within the applicant of residential areas
likely to produce a substantial number of culturally disadvantaged
children; that such areas may be properly classified as slum or
economically depressed areas, whether urban or rural, or areas containing a
high concentration of impoverished families, non‑English speaking families,
recent immigrants, migratory farm families, children with a high drop out
potential, families granted lawful temporary resident status or lawful
permanent resident status under the Immigration Reform and Control Act of
1986, or low‑income racial or nationality minorities; and the methods
or factors used in reaching such determinations; (2) the adequacy of the
proposed program as relates to the quality of the personnel available to
provide services and activities of high standards; (3) the adequacy of the
applicant's facilities and resources for the successful carrying out of the
proposed program; (4) the efficiency of the program including a
justification of expenditures and measured by anticipated results; (5) the
existence of a plan for the collection of information providing the basis
for a continuing evaluation of the program and (6) other standards as are
set forth in Title I of the Federal Elementary and Secondary Education Act
of 1965.
(Source: P.A. 85‑568.)
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(105 ILCS 5/14B‑7) (from Ch. 122, par. 14B‑7)
Sec. 14B‑7.
Rules and regulations.
The State Board of Education shall
adopt such rules and
regulations as are necessary to enable it to carry out its duties and
responsibilities under this Article, including rules and regulations which
(a) prescribe the procedure by which proposals shall be submitted for
approval, (b) require the submission of such reports as will permit the
evaluation of compensatory education programs and the accumulation of
information which will be useful in developing suggestions, policies and
requirements for improvement of such programs generally.
By July 10, annually, the superintendent of the school district or other
chief administrative officer of the applicant shall certify to the County
Superintendent of Schools, in whose county the largest number of children
in the program reside, upon forms prescribed by the Superintendent of
Public Instruction, the applicant's claim for reimbursement for the school
year ending on June 30th next preceding. The County Superintendent of
Schools shall check all such claims to ascertain compliance with the
prescribed standards and upon his approval shall by July 25th certify to
the Superintendent of Public Instruction the county report of claims for
reimbursements. The State Superintendent of Education shall check and
upon approval transmit by September 15th to the State Comptroller vouchers showing the
amounts due respective applicants for their reimbursement claims. In any
year the total reimbursements paid to an applicant having a population of
500,000 or more inhabitants shall not exceed 5/18 of the appropriation made
by the General Assembly for reimbursements to school districts and other
applicants under Section 14B‑5 of this Act, and the total amount of
reimbursements to all other applicants shall not exceed 2/9 of such
appropriation. If the amount appropriated for such reimbursements for any
year is insufficient to pay the claims in full, the total amount shall be
apportioned on the basis of the claims approved.
On or before January 20 of the odd numbered year the
State Superintendent of Education
shall prepare for
the General Assembly a report on
the programs and the claims, including detailed accounts for the last two
years which the district superintendents have submitted to the
State Board of Education. This
will enable the General Assembly
to review in detail the scope of the total program and the desirability of
whether or not to continue such a program.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report with the Speaker, the Minority Leader and
the Clerk of the House of Representatives and the President, the Minority
Leader and the Secretary of the Senate and the Legislative Research
Unit, as required
by Section 3.1 of "An Act to revise the law in relation to the General
Assembly",
approved February 25, 1874, as amended, and filing such additional copies
with the State Government
Report Distribution Center for the General Assembly as is required under
paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 88‑641, eff. 9‑9‑94.)
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(105 ILCS 5/14B‑8) (from Ch. 122, par. 14B‑8)
Sec. 14B‑8.
Funding.
The State Board of Education
is authorized to take any
further steps that may be reasonably required to make this Article
conform to the standards and requirements of any Title of the Federal
Elementary and Secondary Education Act of 1965 and to qualify this State
to receive federal funds and assistance to carry out the purposes of
said Federal Act and of this Article.
(Source: P.A. 81‑1508.)
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