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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
92_HB3776eng HB3776 Engrossed LRB9212196NTpk 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Sections 1D-1, 14-7.02, 14-7.02a, 14-13.01, and 29-5 as 6 follows: 7 (105 ILCS 5/1D-1) 8 Sec. 1D-1. Block grant funding. 9 (a) For fiscal year 1996 and each fiscal year 10 thereafter, the State Board of Education shall award to a 11 school district having a population exceeding 500,000 12 inhabitants a general education block grant and an 13 educational services block grant, determined as provided in 14 this Section, in lieu of distributing to the district 15 separate State funding for the programs described in 16 subsections (b) and (c). The provisions of this Section, 17 however, do not apply to any federal funds that the district 18 is entitled to receive. In accordance with Section 2-3.32, 19 all block grants are subject to an audit. Therefore, block 20 grant receipts and block grant expenditures shall be recorded 21 to the appropriate fund code for the designated block grant. 22 (b) The general education block grant shall include the 23 following programs: REI Initiative, Summer Bridges, Preschool 24 At Risk, K-6 Comprehensive Arts, School Improvement Support, 25 Urban Education, Scientific Literacy, Substance Abuse 26 Prevention, Second Language Planning, Staff Development, 27 Outcomes and Assessment, K-6 Reading Improvement, Truants' 28 Optional Education, Hispanic Programs, Agriculture Education, 29 Gifted Education, Parental Education, Prevention Initiative, 30 Report Cards, and Criminal Background Investigations. 31 Notwithstanding any other provision of law, all amounts paid HB3776 Engrossed -2- LRB9212196NTpk 1 under the general education block grant from State 2 appropriations to a school district in a city having a 3 population exceeding 500,000 inhabitants shall be 4 appropriated and expended by the board of that district for 5 any of the programs included in the block grant or any of the 6 board's lawful purposes. 7 (c) The educational services block grant shall include 8 the following programs: Bilingual, Regular and Vocational 9 Transportation, State Lunch and Free Breakfast Program, 10 Special Education (Personnel, Extraordinary, Transportation, 11 Orphanage, Private Tuition), Summer School, Educational 12 Service Centers, and Administrator's Academy. This 13 subsection (c) does not relieve the district of its 14 obligation to provide the services required under a program 15 that is included within the educational services block grant. 16 It is the intention of the General Assembly in enacting the 17 provisions of this subsection (c) to relieve the district of 18 the administrative burdens that impede efficiency and 19 accompany single-program funding. The General Assembly 20 encourages the board to pursue mandate waivers pursuant to 21 Section 2-3.25g. 22 (d) For fiscal year 1996 and each fiscal year 23 thereafter, the amount of the district's block grants shall 24 be determined as follows: (i) with respect to each program 25 that is included within each block grant, the district shall 26 receive an amount equal to the same percentage of the current 27 fiscal year appropriation made for that program as the 28 percentage of the appropriation received by the district from 29 the 1995 fiscal year appropriation made for that program, and 30 (ii) the total amount that is due the district under the 31 block grant shall be the aggregate of the amounts that the 32 district is entitled to receive for the fiscal year with 33 respect to each program that is included within the block 34 grant that the State Board of Education shall award the HB3776 Engrossed -3- LRB9212196NTpk 1 district under this Section for that fiscal year. In the 2 case of the Summer Bridges program, the amount of the 3 district's block grant shall be equal to 44% of the amount of 4 the current fiscal year appropriation made for that program. 5 (e) The district is not required to file any application 6 or other claim in order to receive the block grants to which 7 it is entitled under this Section. The State Board of 8 Education shall make payments to the district of amounts due 9 under the district's block grants on a schedule determined by 10 the State Board of Education. 11 (f) A school district to which this Section applies 12 shall report to the State Board of Education on its use of 13 the block grants in such form and detail as the State Board 14 of Education may specify. 15 (g) This paragraph provides for the treatment of block 16 grants under Article 1C for purposes of calculating the 17 amount of block grants for a district under this Section. 18 Those block grants under Article 1CICare, for this purpose, 19 treated as included in the amount of appropriation for the 20 various programs set forth in paragraph (b) above. The 21 appropriation in each current fiscal year for each block 22 grant under Article 1C shall be treated for these purposes as 23 appropriations for the individual program included in that 24 block grant. The proportion of each block grant so allocated 25 to each such program included in it shall be the proportion 26 which the appropriation for that program was of all 27 appropriations for such purposes now in that block grant, in 28 fiscal 1995. 29 Payments to the school district under this Section with 30 respect to each program for which payments to school 31 districts generally, as of the date of this amendatory Act of 32 the 92nd General Assembly, are on a reimbursement basis shall 33 continue to be made to the district on a reimbursement basis, 34 pursuant to the provisions of this Code governing those HB3776 Engrossed -4- LRB9212196NTpk 1 programs. 2 (h) Notwithstanding any other provision of law, any 3 school district receiving a block grant under this Section 4 may classify all or a portion of the funds that it receives 5 in a particular fiscal year from any block grant authorized 6 under this Code or from general State aid pursuant to Section 7 18-8.05 of this Code (other than supplemental general State 8 aid) as funds received in connection with any funding program 9 for which it is entitled to receive funds from the State in 10 that fiscal year (including, without limitation, any funding 11 program referred to in subsection (c) of this Section), 12 regardless of the source or timing of the receipt. The 13 district may not classify more funds as funds received in 14 connection with the funding program than the district is 15 entitled to receive in that fiscal year for that program. 16 Any classification by a district must be made by a resolution 17 of its board of education. The resolution must identify the 18 amount of any block grant or general State aid to be 19 classified under this subsection (h) and must specify the 20 funding program to which the funds are to be treated as 21 received in connection therewith. This resolution is 22 controlling as to the classification of funds referenced 23 therein. A certified copy of the resolution must be sent to 24 the State Superintendent of Education. The resolution shall 25 still take effect even though a copy of the resolution has 26 not been sent to the State Superintendent of Education in a 27 timely manner. No classification under this subsection (h) 28 by a district shall affect the total amount or timing of 29 money the district is entitled to receive under this Code. 30 No classification under this subsection (h) by a district 31 shall in any way relieve the district from or affect any 32 requirements that otherwise would apply with respect to the 33 block grant as provided in this Section, including any 34 accounting of funds by source, reporting expenditures by HB3776 Engrossed -5- LRB9212196NTpk 1 original source and purpose, reporting requirements, or 2 requirements of provision of services. 3 (Source: P.A. 90-566, eff. 1-2-98; 90-653, eff. 7-29-98; 4 91-711, eff. 7-1-00; revised 12-04-01.) 5 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02) 6 Sec. 14-7.02. Children attending private schools, public 7 out-of-state schools, public school residential facilities or 8 private special education facilities. The General Assembly 9 recognizes that non-public schools or special education 10 facilities provide an important service in the educational 11 system in Illinois. 12 If because of his or her disability the special education 13 program of a district is unable to meet the needs of a child 14 and the child attends a non-public school or special 15 education facility, a public out-of-state school or a special 16 education facility owned and operated by a county government 17 unit that provides special educational services required by 18 the child and is in compliance with the appropriate rules and 19 regulations of the State Superintendent of Education, the 20 school district in which the child is a resident shall pay 21 the actual cost of tuition for special education and related 22 services provided during the regular school term and during 23 the summer school term if the child's educational needs so 24 require, excluding room, board and transportation costs 25 charged the child by that non-public school or special 26 education facility, public out-of-state school or county 27 special education facility, or $4,500 per year, whichever is 28 less, and shall provide him any necessary transportation. 29 "Nonpublic special education facility" shall include a 30 residential facility, within or without the State of 31 Illinois, which provides special education and related 32 services to meet the needs of the child by utilizing private 33 schools or public schools, whether located on the site or off HB3776 Engrossed -6- LRB9212196NTpk 1 the site of the residential facility. 2 The State Board of Education shall promulgate rules and 3 regulations for determining when placement in a private 4 special education facility is appropriate. Such rules and 5 regulations shall take into account the various types of 6 services needed by a child and the availability of such 7 services to the particular child in the public school. In 8 developing these rules and regulations the State Board of 9 Education shall consult with the Advisory Council on 10 Education of Children with Disabilities and hold public 11 hearings to secure recommendations from parents, school 12 personnel, and others concerned about this matter. 13 The State Board of Education shall also promulgate rules 14 and regulations for transportation to and from a residential 15 school. Transportation to and from home to a residential 16 school more than once each school term shall be subject to 17 prior approval by the State Superintendent in accordance with 18 the rules and regulations of the State Board. 19 A school district making tuition payments pursuant to 20 this Section is eligible for reimbursement from the State for 21 the amount of such payments actually made in excess of the 22 district per capita tuition charge for students not receiving 23 special education services. Such reimbursement shall be 24 approved in accordance with Section 14-12.01 and each 25 district shall file its claims, computed in accordance with 26 rules prescribed by the State Board of Education, on forms 27 prescribed by the State Superintendent of Education. Data 28 used as a basis of reimbursement claims shall be for the 29 preceding regular school term and summer school term. Each 30 school district shall transmit its claims to the State Board 31 of Education on or before August 15. The State Board of 32 Education, before approving any such claims, shall determine 33 their accuracy and whether they are based upon services and 34 facilities provided under approved programs. Upon approval HB3776 Engrossed -7- LRB9212196NTpk 1 the State Board shall cause vouchers to be prepared showing 2 the amount due for payment of reimbursement claims to school 3 districts, for transmittal to the State Comptroller on the 4 30th day of September, December, and March, respectively, and 5 the final voucher, no later than June 20. If the money 6 appropriated by the General Assembly for such purpose for any 7 year is insufficient, it shall be apportioned on the basis of 8 the claims approved. 9 No child shall be placed in a special education program 10 pursuant to this Section if the tuition cost for special 11 education and related services increases more than 10 percent 12 over the tuition cost for the previous school year or exceeds 13 $4,500 per year unless such costs have been approved by the 14 Illinois Purchased Care Review Board. The Illinois 15 Purchased Care Review Board shall consist of the following 16 persons, or their designees: the Directors of Children and 17 Family Services, Public Health, Public Aid, and the Bureau of 18 the Budget; the Secretary of Human Services; the State 19 Superintendent of Education; and such other persons as the 20 Governor may designate. The Review Board shall establish 21 rules and regulations for its determination of allowable 22 costs and payments made by local school districts for special 23 education, room and board, and other related services 24 provided by non-public schools or special education 25 facilities and shall establish uniform standards and criteria 26 which it shall follow. 27 The Review Board shall establish uniform definitions and 28 criteria for accounting separately by special education, room 29 and board and other related services costs. The Board shall 30 also establish guidelines for the coordination of services 31 and financial assistance provided by all State agencies to 32 assure that no otherwise qualified disabled child receiving 33 services under Article 14 shall be excluded from 34 participation in, be denied the benefits of or be subjected HB3776 Engrossed -8- LRB9212196NTpk 1 to discrimination under any program or activity provided by 2 any State agency. 3 The Review Board shall review the costs for special 4 education and related services provided by non-public schools 5 or special education facilities and shall approve or 6 disapprove such facilities in accordance with the rules and 7 regulations established by it with respect to allowable 8 costs. 9 The State Board of Education shall provide administrative 10 and staff support for the Review Board as deemed reasonable 11 by the State Superintendent of Education. This support shall 12 not include travel expenses or other compensation for any 13 Review Board member other than the State Superintendent of 14 Education. 15 The Review Board shall seek the advice of the Advisory 16 Council on Education of Children with Disabilities on the 17 rules and regulations to be promulgated by it relative to 18 providing special education services. 19 If a child has been placed in a program in which the 20 actual per pupil costs of tuition for special education and 21 related services based on program enrollment, excluding room, 22 board and transportation costs, exceed $4,500 and such costs 23 have been approved by the Review Board, the district shall 24 pay such total costs which exceed $4,500. A district making 25 such tuition payments in excess of $4,500 pursuant to this 26 Section shall be responsible for an amount in excess of 27 $4,500 equal to the district per capita tuition charge and 28 shall be eligible for reimbursement from the State for the 29 amount of such payments actually made in excess of the 30 districts per capita tuition charge for students not 31 receiving special education services. 32 If a child has been placed in an approved individual 33 program and the tuition costs including room and board costs 34 have been approved by the Review Board, then such room and HB3776 Engrossed -9- LRB9212196NTpk 1 board costs shall be paid by the appropriate State agency 2 subject to the provisions of Section 14-8.01 of this Act. 3 Room and board costs not provided by a State agency other 4 than the State Board of Education shall be provided by the 5 State Board of Education on a current basis. In no event, 6 however, shall the State's liability for funding of these 7 tuition costs begin until after the legal obligations of 8 third party payors have been subtracted from such costs. If 9 the money appropriated by the General Assembly for such 10 purpose for any year is insufficient, it shall be apportioned 11 on the basis of the claims approved. Each district shall 12 submit estimated claims to the State Superintendent of 13 Education. Upon approval of such claims, the State 14 Superintendent of Education shall direct the State 15 Comptroller to make payments on a monthly basis. The 16 frequency for submitting estimated claims and the method of 17 determining payment shall be prescribed in rules and 18 regulations adopted by the State Board of Education. Such 19 current state reimbursement shall be reduced by an amount 20 equal to the proceeds which the child or child's parents are 21 eligible to receive under any public or private insurance or 22 assistance program. Nothing in this Section shall be 23 construed as relieving an insurer or similar third party from 24 an otherwise valid obligation to provide or to pay for 25 services provided to a disabled child. 26 If it otherwise qualifies, a school district is eligible 27 for the transportation reimbursement under Section 14-13.01 28 and for the reimbursement of tuition payments under this 29 Section whether the non-public school or special education 30 facility, public out-of-state school or county special 31 education facility, attended by a child who resides in that 32 district and requires special educational services, is within 33 or outside of the State of Illinois. However, a district is 34 not eligible to claim transportation reimbursement under this HB3776 Engrossed -10- LRB9212196NTpk 1 Section unless the district certifies to the State 2 Superintendent of Education that the district is unable to 3 provide special educational services required by the child 4 for the current school year. 5 Nothing in this Section authorizes the reimbursement of a 6 school district for the amount paid for tuition of a child 7 attending a non-public school or special education facility, 8 public out-of-state school or county special education 9 facility unless the school district certifies to the State 10 Superintendent of Education that the special education 11 program of that district is unable to meet the needs of that 12 child because of his disability and the State Superintendent 13 of Education finds that the school district is in substantial 14 compliance with Section 14-4.01. 15 Any educational or related services provided, pursuant to 16 this Section in a non-public school or special education 17 facility or a special education facility owned and operated 18 by a county government unit shall be at no cost to the parent 19 or guardian of the child. However, current law and practices 20 relative to contributions by parents or guardians for costs 21 other than educational or related services are not affected 22 by this amendatory Act of 1978. 23 Reimbursement for children attending public school 24 residential facilities shall be made in accordance with the 25 provisions of this Section. 26 Notwithstanding any other provision of law, any school 27 district receiving a payment under this Section or under 28 Section 14-7.02a, 14-13.01, or 29-5 of this Code may classify 29 all or a portion of the funds that it receives in a 30 particular fiscal year or from general State aid pursuant to 31 Section 18-8.05 of this Code as funds received in connection 32 with any funding program for which it is entitled to receive 33 funds from the State in that fiscal year (including, without 34 limitation, any funding program referenced in this Section), HB3776 Engrossed -11- LRB9212196NTpk 1 regardless of the source or timing of the receipt. The 2 district may not classify more funds as funds received in 3 connection with the funding program than the district is 4 entitled to receive in that fiscal year for that program. 5 Any classification by a district must be made by a resolution 6 of its board of education. The resolution must identify the 7 amount of any payments or general State aid to be classified 8 under this paragraph and must specify the funding program to 9 which the funds are to be treated as received in connection 10 therewith. This resolution is controlling as to the 11 classification of funds referenced therein. A certified copy 12 of the resolution must be sent to the State Superintendent of 13 Education. The resolution shall still take effect even though 14 a copy of the resolution has not been sent to the State 15 Superintendent of Education in a timely manner. No 16 classification under this paragraph by a district shall 17 affect the total amount or timing of money the district is 18 entitled to receive under this Code. No classification under 19 this paragraph by a district shall in any way relieve the 20 district from or affect any requirements that otherwise would 21 apply with respect to that funding program, including any 22 accounting of funds by source, reporting expenditures by 23 original source and purpose, reporting requirements, or 24 requirements of providing services. 25 (Source: P.A. 91-764, eff. 6-9-00.) 26 (105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a) 27 Sec. 14-7.02a. Children requiring extraordinary special 28 education services and facilities. A school district 29 providing for a child requiring extraordinary special 30 education services because of the nature of his disability is 31 eligible for reimbursement from the State if the cost of 32 educating that child is computed, as set forth in Section 33 14-7.01, to be in excess of one and one-half times the HB3776 Engrossed -12- LRB9212196NTpk 1 district per capita tuition charge for the prior year. Such 2 costs beyond one per capita tuition charge shall be 3 reimbursed, up to a maximum of $2,000. 4 A child is deemed to require extraordinary special 5 education services and facilities under the following 6 conditions: 7 1) the school district has determined that the 8 child requires extraordinary special education facilities 9 pursuant to the multidisciplinary case study and the 10 individualized education program; 11 2) the school district maintains adequate cost 12 accounting to document the per capita cost of special 13 education; and 14 3) the school district submits approval and claim 15 data annually for each eligible child. 16 Extraordinary special education services provided on a 17 one-half day basis shall only be reimbursed at a rate of 18 one-half the amount otherwise provided herein. 19 Notwithstanding any other provision of law, any school 20 district receiving a payment under this Section or under 21 Section 14-7.02, 14-13.01, or 29-5 of this Code may classify 22 all or a portion of the funds that it receives in a 23 particular fiscal year or from general State aid pursuant to 24 Section 18-8.05 of this Code as funds received in connection 25 with any funding program for which it is entitled to receive 26 funds from the State in that fiscal year (including, without 27 limitation, any funding program referenced in this Section), 28 regardless of the source or timing of the receipt. The 29 district may not classify more funds as funds received in 30 connection with the funding program than the district is 31 entitled to receive in that fiscal year for that program. 32 Any classification by a district must be made by a resolution 33 of its board of education. The resolution must identify the 34 amount of any payments or general State aid to be classified HB3776 Engrossed -13- LRB9212196NTpk 1 under this paragraph and must specify the funding program to 2 which the funds are to be treated as received in connection 3 therewith. This resolution is controlling as to the 4 classification of funds referenced therein. A certified copy 5 of the resolution must be sent to the State Superintendent of 6 Education. The resolution shall still take effect even though 7 a copy of the resolution has not been sent to the State 8 Superintendent of Education in a timely manner. No 9 classification under this paragraph by a district shall 10 affect the total amount or timing of money the district is 11 entitled to receive under this Code. No classification under 12 this paragraph by a district shall in any way relieve the 13 district from or affect any requirements that otherwise would 14 apply with respect to that funding program, including any 15 accounting of funds by source, reporting expenditures by 16 original source and purpose, reporting requirements, or 17 requirements of providing services. 18 (Source: P.A. 88-16.) 19 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01) 20 Sec. 14-13.01. Reimbursement payable by State; Amounts. 21 Reimbursement for furnishing special educational facilities 22 in a recognized school to the type of children defined in 23 Section 14-1.02 shall be paid to the school districts in 24 accordance with Section 14-12.01 for each school year ending 25 June 30 by the State Comptroller out of any money in the 26 treasury appropriated for such purposes on the presentation 27 of vouchers by the State Board of Education. 28 The reimbursement shall be limited to funds expended for 29 construction and maintenance of special education facilities 30 designed and utilized to house instructional programs, 31 diagnostic services, other special education services for 32 children with disabilities and reimbursement as provided in 33 Section 14-13.01. There shall be no reimbursement for HB3776 Engrossed -14- LRB9212196NTpk 1 construction and maintenance of any administrative facility 2 separated from special education facilities designed and 3 utilized to house instructional programs, diagnostic services 4 and other special education services for children with 5 disabilities. 6 (a) For children who have not been identified as 7 eligible for special education and for eligible children with 8 physical disabilities, including all eligible children whose 9 placement has been determined under Section 14-8.02 in 10 hospital or home instruction, 1/2 of the teacher's salary but 11 not more than $1,000 annually per child or $8,000 per teacher 12 for the 1985-1986 school year and thereafter, whichever is 13 less. Children to be included in any reimbursement under 14 this paragraph must regularly receive a minimum of one hour 15 of instruction each school day, or in lieu thereof of a 16 minimum of 5 hours of instruction in each school week in 17 order to qualify for full reimbursement under this Section. 18 If the attending physician for such a child has certified 19 that the child should not receive as many as 5 hours of 20 instruction in a school week, however, reimbursement under 21 this paragraph on account of that child shall be computed 22 proportionate to the actual hours of instruction per week for 23 that child divided by 5. 24 (b) For children described in Section 14-1.02, 4/5 of 25 the cost of transportation for each such child, whom the 26 State Superintendent of Education determined in advance 27 requires special transportation service in order to take 28 advantage of special educational facilities. Transportation 29 costs shall be determined in the same fashion as provided in 30 Section 29-5. For purposes of this subsection (b), the dates 31 for processing claims specified in Section 29-5 shall apply. 32 (c) For each professional worker excluding those 33 included in subparagraphs (a), (d), (e), and (f) of this 34 Section, the annual sum of $8,000 for the 1985-1986 school HB3776 Engrossed -15- LRB9212196NTpk 1 year and thereafter. 2 (d) For one full time qualified director of the special 3 education program of each school district which maintains a 4 fully approved program of special education the annual sum of 5 $8,000 for the 1985-1986 school year and thereafter. 6 Districts participating in a joint agreement special 7 education program shall not receive such reimbursement if 8 reimbursement is made for a director of the joint agreement 9 program. 10 (e) For each school psychologist as defined in Section 11 14-1.09 the annual sum of $8,000 for the 1985-1986 school 12 year and thereafter. 13 (f) For each qualified teacher working in a fully 14 approved program for children of preschool age who are deaf 15 or hard-of-hearing the annual sum of $8,000 for the 1985-1986 16 school year and thereafter. 17 (g) For readers, working with blind or partially seeing 18 children 1/2 of their salary but not more than $400 annually 19 per child. Readers may be employed to assist such children 20 and shall not be required to be certified but prior to 21 employment shall meet standards set up by the State Board of 22 Education. 23 (h) For necessary non-certified employees working in any 24 class or program for children defined in this Article, 1/2 of 25 the salary paid or $2,800 annually per employee, whichever is 26 less. 27 The State Board of Education shall set standards and 28 prescribe rules for determining the allocation of 29 reimbursement under this section on less than a full time 30 basis and for less than a school year. 31 When any school district eligible for reimbursement under 32 this Section operates a school or program approved by the 33 State Superintendent of Education for a number of days in 34 excess of the adopted school calendar but not to exceed 235 HB3776 Engrossed -16- LRB9212196NTpk 1 school days, such reimbursement shall be increased by 1/185 2 of the amount or rate paid hereunder for each day such school 3 is operated in excess of 185 days per calendar year. 4 Notwithstanding any other provision of law, any school 5 district receiving a payment under this Section or under 6 Section 14-7.02, 14-7.02a, or 29-5 of this Code may classify 7 all or a portion of the funds that it receives in a 8 particular fiscal year or from general State aid pursuant to 9 Section 18-8.05 of this Code as funds received in connection 10 with any funding program for which it is entitled to receive 11 funds from the State in that fiscal year (including, without 12 limitation, any funding program referenced in this Section), 13 regardless of the source or timing of the receipt. The 14 district may not classify more funds as funds received in 15 connection with the funding program than the district is 16 entitled to receive in that fiscal year for that program. 17 Any classification by a district must be made by a resolution 18 of its board of education. The resolution must identify the 19 amount of any payments or general State aid to be classified 20 under this paragraph and must specify the funding program to 21 which the funds are to be treated as received in connection 22 therewith. This resolution is controlling as to the 23 classification of funds referenced therein. A certified copy 24 of the resolution must be sent to the State Superintendent of 25 Education. The resolution shall still take effect even though 26 a copy of the resolution has not been sent to the State 27 Superintendent of Education in a timely manner. No 28 classification under this paragraph by a district shall 29 affect the total amount or timing of money the district is 30 entitled to receive under this Code. No classification under 31 this paragraph by a district shall in any way relieve the 32 district from or affect any requirements that otherwise would 33 apply with respect to that funding program, including any 34 accounting of funds by source, reporting expenditures by HB3776 Engrossed -17- LRB9212196NTpk 1 original source and purpose, reporting requirements, or 2 requirements of providing services. 3 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94; 4 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.) 5 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) 6 Sec. 29-5. Reimbursement by State for transportation. 7 Any school district, maintaining a school, transporting 8 resident pupils to another school district's vocational 9 program, offered through a joint agreement approved by the 10 State Board of Education, as provided in Section 10-22.22 or 11 transporting its resident pupils to a school which meets the 12 standards for recognition as established by the State Board 13 of Education which provides transportation meeting the 14 standards of safety, comfort, convenience, efficiency and 15 operation prescribed by the State Board of Education for 16 resident pupils in kindergarten or any of grades 1 through 12 17 who: (a) reside at least 1 1/2 miles as measured by the 18 customary route of travel, from the school attended; or (b) 19 reside in areas where conditions are such that walking 20 constitutes a hazard to the safety of the child when 21 determined under Section 29-3; and (c) are transported to the 22 school attended from pick-up points at the beginning of the 23 school day and back again at the close of the school day or 24 transported to and from their assigned attendance centers 25 during the school day, shall be reimbursed by the State as 26 hereinafter provided in this Section. 27 The State will pay the cost of transporting eligible 28 pupils less the assessed valuation in a dual school district 29 maintaining secondary grades 9 to 12 inclusive times a 30 qualifying rate of .05%; in elementary school districts 31 maintaining grades K to 8 times a qualifying rate of .06%; in 32 unit districts maintaining grades K to 12 times a qualifying 33 rate of .07%. To be eligible to receive reimbursement in HB3776 Engrossed -18- LRB9212196NTpk 1 excess of 4/5 of the cost to transport eligible pupils, a 2 school district shall have a Transportation Fund tax rate of 3 at least .12%. If a school district does not have a .12% 4 Transportation Fund tax rate, the amount of its claim in 5 excess of 4/5 of the cost of transporting pupils shall be 6 reduced by the sum arrived at by subtracting the 7 Transportation Fund tax rate from .12% and multiplying that 8 amount by the districts equalized or assessed valuation, 9 provided, that in no case shall said reduction result in 10 reimbursement of less than 4/5 of the cost to transport 11 eligible pupils. 12 The minimum amount to be received by a district is $16 13 times the number of eligible pupils transported. 14 Any such district transporting resident pupils during the 15 school day to an area vocational school or another school 16 district's vocational program more than 1 1/2 miles from the 17 school attended, as provided in Sections 10-22.20a and 18 10-22.22, shall be reimbursed by the State for 4/5 of the 19 cost of transporting eligible pupils. 20 School day means that period of time which the pupil is 21 required to be in attendance for instructional purposes. 22 If a pupil is at a location within the school district 23 other than his residence for child care purposes at the time 24 for transportation to school, that location may be considered 25 for purposes of determining the 1 1/2 miles from the school 26 attended. 27 Claims for reimbursement that include children who attend 28 any school other than a public school shall show the number 29 of such children transported. 30 Claims for reimbursement under this Section shall not be 31 paid for the transportation of pupils for whom transportation 32 costs are claimed for payment under other Sections of this 33 Act. 34 The allowable direct cost of transporting pupils for HB3776 Engrossed -19- LRB9212196NTpk 1 regular, vocational, and special education pupil 2 transportation shall be limited to the sum of the cost of 3 physical examinations required for employment as a school bus 4 driver; the salaries of full or part-time drivers and school 5 bus maintenance personnel; employee benefits excluding 6 Illinois municipal retirement payments, social security 7 payments, unemployment insurance payments and workers' 8 compensation insurance premiums; expenditures to independent 9 carriers who operate school buses; payments to other school 10 districts for pupil transportation services; pre-approved 11 contractual expenditures for computerized bus scheduling; the 12 cost of gasoline, oil, tires, and other supplies necessary 13 for the operation of school buses; the cost of converting 14 buses' gasoline engines to more fuel efficient engines or to 15 engines which use alternative energy sources; the cost of 16 travel to meetings and workshops conducted by the regional 17 superintendent or the State Superintendent of Education 18 pursuant to the standards established by the Secretary of 19 State under Section 6-106 of the Illinois Vehicle Code to 20 improve the driving skills of school bus drivers; the cost of 21 maintenance of school buses including parts and materials 22 used; expenditures for leasing transportation vehicles, 23 except interest and service charges; the cost of insurance 24 and licenses for transportation vehicles; expenditures for 25 the rental of transportation equipment; plus a depreciation 26 allowance of 20% for 5 years for school buses and vehicles 27 approved for transporting pupils to and from school and a 28 depreciation allowance of 10% for 10 years for other 29 transportation equipment so used. In addition to the above 30 allowable costs school districts shall also claim all 31 transportation supervisory salary costs, including Illinois 32 municipal retirement payments, and all transportation related 33 building and building maintenance costs without limitation. 34 Special education allowable costs shall also include HB3776 Engrossed -20- LRB9212196NTpk 1 expenditures for the salaries of attendants or aides for that 2 portion of the time they assist special education pupils 3 while in transit and expenditures for parents and public 4 carriers for transporting special education pupils when 5 pre-approved by the State Superintendent of Education. 6 Indirect costs shall be included in the reimbursement 7 claim for districts which own and operate their own school 8 buses. Such indirect costs shall include administrative 9 costs, or any costs attributable to transporting pupils from 10 their attendance centers to another school building for 11 instructional purposes. No school district which owns and 12 operates its own school buses may claim reimbursement for 13 indirect costs which exceed 5% of the total allowable direct 14 costs for pupil transportation. 15 The State Board of Education shall prescribe uniform 16 regulations for determining the above standards and shall 17 prescribe forms of cost accounting and standards of 18 determining reasonable depreciation. Such depreciation shall 19 include the cost of equipping school buses with the safety 20 features required by law or by the rules, regulations and 21 standards promulgated by the State Board of Education, and 22 the Department of Transportation for the safety and 23 construction of school buses provided, however, any equipment 24 cost reimbursed by the Department of Transportation for 25 equipping school buses with such safety equipment shall be 26 deducted from the allowable cost in the computation of 27 reimbursement under this Section in the same percentage as 28 the cost of the equipment is depreciated. 29 On or before July 10, annually, the board clerk or the 30 secretary of the district shall certify to the regional 31 superintendent of schools upon forms prescribed by the State 32 Superintendent of Education the district's claim for 33 reimbursement for the school year ended on June 30 next 34 preceding. The regional superintendent of schools shall HB3776 Engrossed -21- LRB9212196NTpk 1 check all transportation claims to ascertain compliance with 2 the prescribed standards and upon his approval shall certify 3 not later than July 25 to the State Superintendent of 4 Education the regional report of claims for reimbursements. 5 The State Superintendent of Education shall check and approve 6 the claims and prepare the vouchers showing the amounts due 7 for district reimbursement claims. Beginning with the 1977 8 fiscal year, the State Superintendent of Education shall 9 prepare and transmit the first 3 vouchers to the Comptroller 10 on the 30th day of September, December and March, 11 respectively, and the final voucher, no later than June 15. 12 If the amount appropriated for transportation 13 reimbursement is insufficient to fund total claims for any 14 fiscal year, the State Board of Education shall reduce each 15 school district's allowable costs and flat grant amount 16 proportionately to make total adjusted claims equal the total 17 amount appropriated. 18 For purposes of calculating claims for reimbursement 19 under this Section for any school year beginning July 1, 20 1998, or thereafter, the equalized assessed valuation for a 21 school district used to compute reimbursement shall be 22 computed in the same manner as it is computed under paragraph 23 (2) of subsection (G) of Section 18-8.05. 24 All reimbursements received from the State shall be 25 deposited into the district's transportation fund or into the 26 fund from which the allowable expenditures were made. 27 Notwithstanding any other provision of law, any school 28 district receiving a payment under this Section or under 29 Section 14-7.02, 14-7.02a, or 14-13.01 of this Code may 30 classify all or a portion of the funds that it receives in a 31 particular fiscal year or from general State aid pursuant to 32 Section 18-8.05 of this Code as funds received in connection 33 with any funding program for which it is entitled to receive 34 funds from the State in that fiscal year (including, without HB3776 Engrossed -22- LRB9212196NTpk 1 limitation, any funding program referenced in this Section), 2 regardless of the source or timing of the receipt. The 3 district may not classify more funds as funds received in 4 connection with the funding program than the district is 5 entitled to receive in that fiscal year for that program. 6 Any classification by a district must be made by a resolution 7 of its board of education. The resolution must identify the 8 amount of any payments or general State aid to be classified 9 under this paragraph and must specify the funding program to 10 which the funds are to be treated as received in connection 11 therewith. This resolution is controlling as to the 12 classification of funds referenced therein. A certified copy 13 of the resolution must be sent to the State Superintendent of 14 Education. The resolution shall still take effect even though 15 a copy of the resolution has not been sent to the State 16 Superintendent of Education in a timely manner. No 17 classification under this paragraph by a district shall 18 affect the total amount or timing of money the district is 19 entitled to receive under this Code. No classification 20 under this paragraph by a district shall in any way relieve 21 the district from or affect any requirements that otherwise 22 would apply with respect to that funding program, including 23 any accounting of funds by source, reporting expenditures by 24 original source and purpose, reporting requirements, or 25 requirements of providing services. 26 Any school district with a population of not more than 27 500,000 must deposit all funds received under this Article 28 into the transportation fund and use those funds for the 29 provision of transportation services. 30 (Source: P.A. 91-96, eff. 7-9-99.) 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.