This purpose of this message is to provide guidance to districts in which a Juvenile Detention Center (JDC) operates regarding their eligibility for Orphanage reimbursement under 105 ILCS 5/14-7.03 (Special Education Orphanage), specifically, as it applies to youth in care students with an Individualized Education Program (IEP) who are placed in a JDC.
A student who entered a JDC prior to school year 2022-23 was expected to be exited from their resident district in the Student Information System and enrolled at the JDC district. ISBE issued guidance effective for SY 2022-23 that specified that students should not necessarily be exited from the resident district unless required as per 105 ILCS 5/14-1.11a. Consequently, the eligibility for Orphanage funding has changed.
The following is included in 105 ILCS 5/14-7.03:
“The district of residence of the student with a disability as defined in Section 14-1.11a is responsible for the actual costs of the student's special education program and is eligible for reimbursement under this Section when placement is made by a State agency or the courts.”
Therefore, the resident district as determined by Section 14-1.11a is eligible to file a claim for reimbursement under 105 ILCS 14-7.03. Children for whom a 14-7.03 claim is filed should not also be claimed on any other district’s 18-3 Orphanage claim.
The Illinois State Board of Education has developed this flowchart to help districts determine the resident district for youth in care students who have IEPs and are placed in detention centers.
Please contact Seth Whitworth at swhitwor@isbe.net if you need assistance in determining eligibility based upon the flowchart.