State of Illinois
90th General Assembly
Legislation

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90_SB0379

      105 ILCS 5/14-13.01       from Ch. 122, par. 14-13.01
      105 ILCS 5/29-5           from Ch. 122, par. 29-5
          Amends the School Code.  Removes the provision concerning
      transportation costs for handicapped students whom the  State
      Superintendent  has determined require special transportation
      service in order  to  take  advantage  of  special  education
      facilities.   Provides  that  the  State  shall reimburse any
      school  district  (now  any  school  district  maintaining  a
      school,  transporting  resident  pupils  to  another   school
      district's   vocational  program,  offered  through  a  joint
      agreement  approved  by  the  State  Board  of  Education  or
      transporting its resident pupils to a school which meets  the
      standards  for  recognition as established by the State Board
      of  Education)  that  provides  transportation  meeting   the
      standards  set  by  the State Board of Education for resident
      pupils meeting certain requirements.   Changes  the  rate  of
      reimbursement  for  student transportation.  Provides that on
      or before August 19 (now July 10) annually the board clerk or
      the secretary of the district  shall  certify  to  the  State
      Superintendent  of Education (now the regional superintendent
      of schools) the district's claim for  reimbursement  for  the
      school  year  ended  on  June  30  next preceding.  Effective
      immediately.
                                                     LRB9001587LDdv
                                               LRB9001587LDdv
 1        AN ACT to amend the  School  Code  by  changing  Sections
 2    14-13.01 and 29-5.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.   The  School  Code  is  amended  by  changing
 6    Sections 14-13.01 and 29-5 as follows:
 7        (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
 8        Sec.  14-13.01.  Reimbursement payable by State; Amounts.
 9    Reimbursement for furnishing special  educational  facilities
10    in  a  recognized  school  to the type of children defined in
11    Section 14-1.02 shall be paid  to  the  school  districts  in
12    accordance  with Section 14-12.01 for each school year ending
13    June 30 by the State Comptroller out  of  any  money  in  the
14    treasury  appropriated  for such purposes on the presentation
15    of vouchers by the State Board of Education.
16        The reimbursement shall be limited to funds expended  for
17    construction  and maintenance of special education facilities
18    designed  and  utilized  to  house  instructional   programs,
19    diagnostic  services,  other  special  education services for
20    children with disabilities and reimbursement as  provided  in
21    Section  14-13.01.   There  shall  be  no  reimbursement  for
22    construction  and  maintenance of any administrative facility
23    separated from  special  education  facilities  designed  and
24    utilized to house instructional programs, diagnostic services
25    and  other  special  education  services  for  children  with
26    disabilities.
27        (a)  For   children  who  have  not  been  identified  as
28    eligible for special education and for eligible children with
29    physical disabilities, including all eligible children  whose
30    placement  has  been  determined  under  Section  14-8.02  in
31    hospital or home instruction, 1/2 of the teacher's salary but
                            -2-                LRB9001587LDdv
 1    not more than $1,000 annually per child or $8,000 per teacher
 2    for  the  1985-1986  school year and thereafter, whichever is
 3    less.  Children to be included  in  any  reimbursement  under
 4    this  paragraph  must regularly receive a minimum of one hour
 5    of instruction each school day,  or  in  lieu  thereof  of  a
 6    minimum  of  5  hours  of  instruction in each school week in
 7    order to qualify for full reimbursement under  this  Section.
 8    If  the  attending  physician  for such a child has certified
 9    that the child should not receive  as  many  as  5  hours  of
10    instruction  in  a  school week, however, reimbursement under
11    this paragraph on account of that  child  shall  be  computed
12    proportionate to the actual hours of instruction per week for
13    that child divided by 5.
14        (b)  (Blank).  For children described in Section 14-1.02,
15    4/5 of the cost of transportation for each such  child,  whom
16    the  State  Superintendent of Education determined in advance
17    requires special transportation  service  in  order  to  take
18    advantage  of  special educational facilities. Transportation
19    costs shall be determined in the same fashion as provided  in
20    Section 29-5.  For purposes of this subsection (b), the dates
21    for processing claims specified in Section 29-5 shall apply.
22        (c)  For   each   professional   worker  excluding  those
23    included in subparagraphs (a), (d),  (e),  and  (f)  of  this
24    Section,  the  annual  sum of $8,000 for the 1985-1986 school
25    year and thereafter.
26        (d)  For one full time qualified director of the  special
27    education  program  of each school district which maintains a
28    fully approved program of special education the annual sum of
29    $8,000  for  the  1985-1986  school  year   and   thereafter.
30    Districts   participating   in   a  joint  agreement  special
31    education program shall not  receive  such  reimbursement  if
32    reimbursement  is  made for a director of the joint agreement
33    program.
34        (e)  For each school psychologist as defined  in  Section
                            -3-                LRB9001587LDdv
 1    14-1.09  the  annual  sum  of $8,000 for the 1985-1986 school
 2    year and thereafter.
 3        (f)  For  each  qualified  teacher  working  in  a  fully
 4    approved program for children of preschool age who  are  deaf
 5    or hard-of-hearing the annual sum of $8,000 for the 1985-1986
 6    school year and thereafter.
 7        (g)  For  readers, working with blind or partially seeing
 8    children 1/2 of their salary but not more than $400  annually
 9    per  child.   Readers may be employed to assist such children
10    and shall not be  required  to  be  certified  but  prior  to
11    employment  shall meet standards set up by the State Board of
12    Education.
13        (h)  For necessary non-certified employees working in any
14    class or program for children defined in this Article, 1/2 of
15    the salary paid or $2,800 annually per employee, whichever is
16    less.
17        The State Board of  Education  shall  set  standards  and
18    prescribe   rules   for   determining   the   allocation   of
19    reimbursement  under  this  section  on less than a full time
20    basis and for less than a school year.
21        When any school district eligible for reimbursement under
22    this Section operates a school or  program  approved  by  the
23    State  Superintendent  of  Education  for a number of days in
24    excess of the adopted school calendar but not to  exceed  235
25    school  days,  such reimbursement shall be increased by 1/185
26    of the amount or rate paid hereunder for each day such school
27    is operated in excess of 185 days per calendar year.
28    (Source: P.A. 88-555,  eff.  7-27-94;  88-641,  eff.  9-9-94;
29    89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
30        (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
31        Sec.  29-5.   Reimbursement  by State for transportation.
32    Any  school  district,  maintaining  a  school,  transporting
33    resident  pupils  to  another  school  district's  vocational
                            -4-                LRB9001587LDdv
 1    program, offered through a joint agreement  approved  by  the
 2    State  Board of Education, as provided in Section 10-22.22 or
 3    transporting its resident pupils to a school which meets  the
 4    standards  for  recognition as established by the State Board
 5    of  Education  which  provides  transportation  meeting   the
 6    standards  of  safety,  comfort,  convenience, efficiency and
 7    operation prescribed by the  State  Board  of  Education  for
 8    resident pupils in kindergarten or any of grades 1 through 12
 9    who:  (a)  reside  at  least  1 1/2 miles, as measured by the
10    customary route of travel, from the school attended;  or  (b)
11    reside  in  areas  where  conditions  are  such  that walking
12    constitutes  a  hazard  to  the  safety  of  the  child  when
13    determined under Section 29-3; and (b) (c) are transported to
14    the school attended from pick-up points at the  beginning  of
15    the  school day and back again at the close of the school day
16    or transported to and from their assigned attendance  centers
17    during  the  school  day, shall be reimbursed by the State as
18    hereinafter provided in this Section.
19        All qualified students shall be claimed in  one  category
20    and  the miles calculated for transporting each student shall
21    be calculated in a separate category.
22        All student transportation related expenses for  regular,
23    vocational,   and   special   education  students,  including
24    extracurricular and reimbursable field  trip  transportation,
25    shall be claimable.
26        All  transportation  related  costs  shall  be claimable,
27    whether  the  transportation  services  are  school  district
28    operated or are provided for by contract.
29        Beginning with  school  year  1997-98  to  be  reimbursed
30    during  fiscal year 1999, for transportation claims filed for
31    eligible students, the following formula shall be applied:
32             (1)  A tax rate of 0.06% for  districts  maintaining
33        grades  one  through  8,  0.6%  for districts maintaining
34        grades 9 through 12, and 0.10% for districts  maintaining
                            -5-                LRB9001587LDdv
 1        grades  K  through  12  applied against the real property
 2        equalized assessed valuation of the district as used  for
 3        general State aid purposes shall be used to calculate the
 4        district's share of the cost of transportation.
 5             (2)  The  State  shall  reimburse  100% of the costs
 6        between  the  school  district's  threshold  contribution
 7        established by paragraph (1) and  the  statewide  average
 8        cost per pupil.
 9             (3)  The  State shall reimburse 50% of costs between
10        the statewide average cost per  pupil  and  150%  of  the
11        statewide average cost per pupil.
12             (4)  The  State  shall reimburse 25% of the costs in
13        excess of 150% of the statewide average cost per pupil.
14             (5)  The State shall reimburse 100% of the costs  in
15        excess  of  the  total  reimbursement  as  calculated  in
16        paragraphs  (1) through (4) assuming full funding and the
17        product of  the  maximum  permissive  tax  rate  for  the
18        district  multiplied  by the equalized assessed valuation
19        of the district.
20        If it is necessary to prorate school district claims  due
21    to   an   insufficient   appropriation   for   transportation
22    reimbursement,  the  proration  shall  be  applied  first  to
23    reimbursement  under  paragraph  (4),  then  to reimbursement
24    under  paragraph  (3),  and  then  to   reimbursement   under
25    paragraph (2), in that order as may be necessary.
26        If  a  district's  scheduled reimbursements to be paid in
27    fiscal  year  1999,  2000,  or  2001  are   less   than   the
28    reimbursement  received during fiscal year 1998, the district
29    shall receive an additional payment from  funds  appropriated
30    for this purpose.  The amount of the additional payment shall
31    be  the difference between the district's reimbursement under
32    this amendatory Act of  1997  and  the  amount  the  district
33    receive  during  fiscal  year  1997.   The  amount of funds a
34    district  receives  under  this  Section  may  not  exceed  a
                            -6-                LRB9001587LDdv
 1    district's actual cost of transportation.
 2        Beginning with reimbursement paid in  fiscal  year  1999,
 3    for  districts in cities with populations of 500,000 or more,
 4    the excess cost formula delineated in paragraph (5) shall  be
 5    calculated changing the use of 100% of the maximum permissive
 6    tax rate in the formula to: (i) 20% in fiscal year 1999; (ii)
 7    40%  in fiscal year 2000; (iii) 60% in fiscal year 2001; (iv)
 8    80% in fiscal year 2002; and (v) 100% in fiscal year 2003 and
 9    thereafter.
10        The State Board of Education shall promulgate  any  rules
11    necessary to implement the provisions of this Section.
12        The  State  will  pay  the  cost of transporting eligible
13    pupils less the assessed valuation in a dual school  district
14    maintaining  secondary  grades  9  to  12  inclusive  times a
15    qualifying rate  of  .05%;  in  elementary  school  districts
16    maintaining grades K to 8 times a qualifying rate of .06%; in
17    unit  districts maintaining grades K to 12 times a qualifying
18    rate of .07%. To be  eligible  to  receive  reimbursement  in
19    excess  of  4/5  of  the cost to transport eligible pupils, a
20    school district shall have a Transportation Fund tax rate  of
21    at  least  .12%.   If  a school district does not have a .12%
22    Transportation Fund tax rate, the  amount  of  its  claim  in
23    excess  of  4/5  of  the cost of transporting pupils shall be
24    reduced  by  the  sum   arrived   at   by   subtracting   the
25    Transportation  Fund  tax rate from .12% and multiplying that
26    amount by the  districts  equalized  or  assessed  valuation,
27    provided,  that  in  no  case  shall said reduction result in
28    reimbursement of less than  4/5  of  the  cost  to  transport
29    eligible pupils.
30        The  minimum  amount  to be received by a district is $16
31    times the number of eligible pupils transported.
32        Any such district transporting resident pupils during the
33    school day to an area vocational  school  or  another  school
34    district's  vocational program more than 1 1/2 miles from the
                            -7-                LRB9001587LDdv
 1    school  attended,  as  provided  in  Sections  10-22.20a  and
 2    10-22.22, shall be reimbursed by the State  for  4/5  of  the
 3    cost of transporting eligible pupils.
 4        School  day  means that period of time which the pupil is
 5    required to be in attendance for instructional purposes.
 6        If a pupil is at a location within  the  school  district
 7    other  than his residence for child care purposes at the time
 8    for transportation to school, that location may be considered
 9    for purposes of determining the 1 1/2 miles from  the  school
10    attended.
11        Claims for reimbursement that include children who attend
12    any  school  other than a public school shall show the number
13    of such children transported.
14        Claims for reimbursement under this Section shall not  be
15    paid for the transportation of pupils for whom transportation
16    costs  are  claimed  for payment under other Sections of this
17    Act.
18        The allowable direct  cost  of  transporting  pupils  for
19    regular,    vocational,    and    special   education   pupil
20    transportation shall be limited to the sum  of  the  cost  of
21    physical examinations required for employment as a school bus
22    driver;  the salaries of full or part-time drivers and school
23    bus  maintenance  personnel;  employee   benefits   excluding
24    Illinois   municipal  retirement  payments,  social  security
25    payments,  unemployment  insurance  payments   and   workers'
26    compensation  insurance premiums; expenditures to independent
27    carriers who operate school buses; payments to  other  school
28    districts  for  pupil  transportation  services; pre-approved
29    contractual expenditures for computerized bus scheduling; the
30    cost of gasoline, oil, tires, and  other  supplies  necessary
31    for  the  operation  of  school buses; the cost of converting
32    buses' gasoline engines to more fuel efficient engines or  to
33    engines  which  use  alternative  energy sources; the cost of
34    travel to meetings and workshops conducted  by  the  regional
                            -8-                LRB9001587LDdv
 1    superintendent  or  the  State  Superintendent  of  Education
 2    pursuant  to  the  standards  established by the Secretary of
 3    State under Section 6-106 of the  Illinois  Vehicle  Code  to
 4    improve the driving skills of school bus drivers; the cost of
 5    maintenance  of  school  buses  including parts and materials
 6    used;  expenditures  for  leasing  transportation   vehicles,
 7    except  interest  and  service charges; the cost of insurance
 8    and licenses for transportation  vehicles;  expenditures  for
 9    the  rental  of transportation equipment; plus a depreciation
10    allowance of 20% for 5 years for school  buses  and  vehicles
11    approved  for  transporting  pupils  to and from school and a
12    depreciation  allowance  of  10%  for  10  years  for   other
13    transportation  equipment  so  used. In addition to the above
14    allowable  costs  school  districts  shall  also  claim   all
15    transportation  supervisory  salary costs, including Illinois
16    municipal retirement payments, and all transportation related
17    building and building maintenance costs without limitation.
18        Special education  allowable  costs  shall  also  include
19    expenditures for the salaries of attendants or aides for that
20    portion  of  the  time  they  assist special education pupils
21    while in transit and  expenditures  for  parents  and  public
22    carriers  for  transporting  special  education  pupils  when
23    pre-approved by the State Superintendent of Education.
24        Indirect  costs  shall  be  included in the reimbursement
25    claim for districts which own and operate  their  own  school
26    buses.   Such  indirect  costs  shall  include administrative
27    costs, or any costs attributable to transporting pupils  from
28    their  attendance  centers  to  another  school  building for
29    instructional purposes.  No school district  which  owns  and
30    operates  its  own  school  buses may claim reimbursement for
31    indirect costs which exceed 5% of the total allowable  direct
32    costs for pupil transportation.
33        The  State  Board  of  Education  shall prescribe uniform
34    regulations for determining the  above  standards  and  shall
                            -9-                LRB9001587LDdv
 1    prescribe   forms   of   cost  accounting  and  standards  of
 2    determining reasonable depreciation. Such depreciation  shall
 3    include  the  cost  of equipping school buses with the safety
 4    features required by law or by  the  rules,  regulations  and
 5    standards  promulgated  by  the State Board of Education, and
 6    the  Department  of  Transportation  for   the   safety   and
 7    construction of school buses provided, however, any equipment
 8    cost  reimbursed  by  the  Department  of  Transportation for
 9    equipping school buses with such safety  equipment  shall  be
10    deducted  from  the  allowable  cost  in  the  computation of
11    reimbursement under this Section in the  same  percentage  as
12    the cost of the equipment is depreciated.
13        On or before August 19 July 10, annually, the board clerk
14    or  the  secretary  of  the  district  shall  certify  to the
15    regional superintendent of schools upon forms  prescribed  by
16    the  State  Superintendent  of Education the district's claim
17    for reimbursement for the school year ended on June  30  next
18    preceding.   The  regional  superintendent  of  schools shall
19    check all transportation claims to ascertain compliance  with
20    the  prescribed standards and upon his approval shall certify
21    not later  than  July  25  to  the  State  Superintendent  of
22    Education  the  regional report of claims for reimbursements.
23    The State Superintendent of Education shall check and approve
24    the claims and prepare the vouchers showing the  amounts  due
25    for  district  reimbursement claims.  Beginning with the 1977
26    fiscal year, The  State  Superintendent  of  Education  shall
27    prepare  and transmit the first 3 vouchers to the Comptroller
28    on  the  30th  day   of  September,   December   and   March,
29    respectively, and the final voucher, no later than June 15.
30        If    the    amount   appropriated   for   transportation
31    reimbursement is insufficient to fund total  claims  for  any
32    fiscal  year,  the State Board of Education shall reduce each
33    school district's  allowable  costs  and  flat  grant  amount
34    proportionately to make total adjusted claims equal the total
                            -10-               LRB9001587LDdv
 1    amount appropriated.
 2        For  purposes  of  calculating  claims  for reimbursement
 3    under this Section for any  school  year  beginning  July  1,
 4    1980,  or  thereafter, the equalized assessed valuation for a
 5    school  district  used  to  compute  reimbursement  shall  be
 6    determined by adding to the real property equalized  assessed
 7    valuation for the district an amount computed by dividing the
 8    amount of money received by the district under the provisions
 9    of  "An  Act  in  relation  to  the  abolition  of ad valorem
10    personal property tax and the replacement  of  revenues  lost
11    thereby, and amending and repealing certain Acts and parts of
12    Acts  in connection therewith", certified August 14, 1979, as
13    amended, by the total tax rate for the district. For purposes
14    of this subsection, 1976 tax rates shall be used  for  school
15    districts  in the county of Cook, and 1977 tax rates shall be
16    used in all other counties. For the purposes  of  calculating
17    claims  for  reimbursement  under this Section for any school
18    year beginning July 1, 1986, or thereafter, the real property
19    equalized assessed valuation for a school  district  used  to
20    compute reimbursement shall be determined by subtracting from
21    the  real  property  value  as  equalized  or assessed by the
22    Department of Revenue for the  district an amount computed by
23    dividing the amount of any abatement of taxes  under  Section
24    18-170  of the Property Tax Code by the maximum operating tax
25    rates specified in subsection 5(c) of Section 18-8.
26        All reimbursements  received  from  the  State  shall  be
27    deposited into the district's transportation fund or into the
28    fund from which the allowable expenditures were made.
29    (Source:  P.A.  88-612,  eff.  7-1-95;  88-641,  eff. 9-9-94;
30    88-670, eff. 12-2-94; 89-235, eff. 8-4-95.)
31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.

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