98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1279

 

Introduced , by Rep. Darlene J. Senger

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/12-11.5  from Ch. 122, par. 12-11.5
105 ILCS 5/29-2  from Ch. 122, par. 29-2
105 ILCS 5/29-3  from Ch. 122, par. 29-3
105 ILCS 5/29-4  from Ch. 122, par. 29-4
105 ILCS 5/29-5  from Ch. 122, par. 29-5
105 ILCS 5/29-5.2  from Ch. 122, par. 29-5.2

    Amends the Transportation Article of the School Code. Provides that a school board shall provide free transportation for pupils residing at a distance of 2 miles (instead of one and one-half miles) or more from school. Makes related changes in provisions concerning non-high school districts, the transportation of pupils less than that distance from school, pupils attending a charter school or nonpublic school, reimbursement by the State for transportation, and reimbursement of a custodian of a qualifying pupil for transportation expenses paid by the custodian. Effective July 1, 2013.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
512-11.5, 29-2, 29-3, 29-4, 29-5, and 29-5.2 as follows:
 
6    (105 ILCS 5/12-11.5)  (from Ch. 122, par. 12-11.5)
7    Sec. 12-11.5. Transportation of pupils. If in the
8discretion of the board of education sufficient moneys of the
9district are available after payment of the other expenses of
10the district, including tuition, may provide free
11transportation for the pupils of their district not living
12within 2 one and one-half miles of a high school which they may
13lawfully attend to the most convenient high school which such
14pupils may lawfully attend under the provisions of this Act, or
15reimburse pupils living in a portion of such district which
16cannot be reached by bus or train for the reasonable cost of
17their transportation, or for the amount necessarily expended by
18them for transportation in attending a high school approved by
19such board.
20(Source: Laws 1961, p. 31.)
 
21    (105 ILCS 5/29-2)  (from Ch. 122, par. 29-2)
22    Sec. 29-2. Transportation of pupils less than 2 one and

 

 

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1one-half miles from school. School boards may provide
2transportation for pupils living less than 2 one and one-half
3miles as measured by the customary route of travel from the
4school attended and may make a charge for such transportation
5in an amount of not to exceed the cost thereof, which shall
6include a reasonable allowance for depreciation of the vehicles
7so used.
8(Source: Laws 1961, p. 31.)
 
9    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
10    Sec. 29-3. Transportation in school districts. School
11boards of community consolidated districts, community unit
12districts, consolidated districts, consolidated high school
13districts, optional elementary unit districts, combined high
14school - unit districts, combined school districts if the
15combined district includes any district which was previously
16required to provide transportation, and any newly created
17elementary or high school districts resulting from a high
18school - unit conversion, a unit to dual conversion, or a
19multi-unit conversion if the newly created district includes
20any area that was previously required to provide transportation
21shall provide free transportation for pupils residing at a
22distance of 2 one and one-half miles or more from any school to
23which they are assigned for attendance maintained within the
24district, except for those pupils for whom the school board
25shall certify to the State Board of Education that adequate

 

 

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1transportation for the public is available.
2    For the purpose of this Act 2 1 1/2 miles distance shall be
3from the exit of the property where the pupil resides to the
4point where pupils are normally unloaded at the school
5attended; such distance shall be measured by determining the
6shortest distance on normally traveled roads or streets.
7    Such school board may comply with the provisions of this
8Section by providing free transportation for pupils to and from
9an assigned school and a pick-up point located not more than 2
10one and one-half miles from the home of each pupil assigned to
11such point.
12    For the purposes of this Act "adequate transportation for
13the public" shall be assumed to exist for such pupils as can
14reach school by walking, one way, along normally traveled roads
15or streets less than 2 1 1/2 miles irrespective of the distance
16the pupil is transported by public transportation.
17    In addition to the other requirements of this Section, each
18school board may provide free transportation for any pupil
19residing within 2 1 1/2 miles from the school attended where
20conditions are such that walking, either to or from the school
21to which a pupil is assigned for attendance or to or from a
22pick-up point or bus stop, constitutes a serious hazard to the
23safety of the pupil due to vehicular traffic or rail crossings.
24Such transportation shall not be provided if adequate
25transportation for the public is available.
26    The determination as to what constitutes a serious safety

 

 

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1hazard shall be made by the school board, in accordance with
2guidelines promulgated by the Illinois Department of
3Transportation, in consultation with the State Superintendent
4of Education. A school board, on written petition of the parent
5or guardian of a pupil for whom adequate transportation for the
6public is alleged not to exist because the pupil is required to
7walk along normally traveled roads or streets where walking is
8alleged to constitute a serious safety hazard due to vehicular
9traffic or rail crossings, or who is required to walk between
10the pupil's home and assigned school or between the pupil's
11home or assigned school and a pick-up point or bus stop along
12roads or streets where walking is alleged to constitute a
13serious safety hazard due to vehicular traffic or rail
14crossings, shall conduct a study and make findings, which the
15Department of Transportation shall review and approve or
16disapprove as provided in this Section, to determine whether a
17serious safety hazard exists as alleged in the petition. The
18Department of Transportation shall review the findings of the
19school board and shall approve or disapprove the school board's
20determination that a serious safety hazard exists within 30
21days after the school board submits its findings to the
22Department. The school board shall annually review the
23conditions and determine whether or not the hazardous
24conditions remain unchanged. The State Superintendent of
25Education may request that the Illinois Department of
26Transportation verify that the conditions have not changed. No

 

 

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1action shall lie against the school board, the State
2Superintendent of Education or the Illinois Department of
3Transportation for decisions made in accordance with this
4Section. The provisions of the Administrative Review Law and
5all amendments and modifications thereof and the rules adopted
6pursuant thereto shall apply to and govern all proceedings
7instituted for the judicial review of final administrative
8decisions of the Department of Transportation under this
9Section.
10(Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
 
11    (105 ILCS 5/29-4)  (from Ch. 122, par. 29-4)
12    Sec. 29-4. Pupils attending a charter school or nonpublic
13school. The school board of any school district that provides
14any school bus or conveyance for transporting pupils to and
15from the public schools shall afford transportation, without
16cost, for children who attend a charter school or any school
17other than a public school, who reside at least 2 1 1/2 miles
18from the school attended, and who reside on or along the
19highway constituting the regular route of such public school
20bus or conveyance, such transportation to extend from some
21point on the regular route nearest or most easily accessible to
22their homes to and from the school attended, or to or from a
23point on such regular route which is nearest or most easily
24accessible to the school attended by such children. Nothing
25herein shall be construed to prevent high school districts from

 

 

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1transporting public or non-public elementary school pupils on a
2regular route where deemed appropriate. The elementary
3district in which such pupils reside shall enter into a
4contractual agreement with the high school district providing
5the service, make payments accordingly, and make claims to the
6State in the amount of such contractual payments. The person in
7charge of any charter school or school other than a public
8school shall certify on a form to be provided by the State
9Superintendent of Education, the names and addresses of pupils
10transported and when such pupils were in attendance at the
11school. If any such children reside within 2 1 1/2 miles from
12the school attended, the school board shall afford such
13transportation to such children on the same basis as it
14provides transportation for its own pupils residing within that
15distance from the school attended.
16    Nothing herein shall be construed to preclude a school
17district from operating separate regular bus routes, subject to
18the limitations of this Section, for the benefit of children
19who attend a charter school or any school other than a public
20school where the operation of such routes is safer, more
21economical and more efficient than if such school district were
22precluded from operating separate regular bus routes.
23    If a school district is required by this Section to afford
24transportation without cost for any child who is not a resident
25of the district, the school district providing such
26transportation is entitled to reimbursement from the school

 

 

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1district in which the child resides for the cost of furnishing
2that transportation, including a reasonable allowance for
3depreciation on each vehicle so used. The school district where
4the child resides shall reimburse the district providing the
5transportation for such costs, by the 10th of each month or on
6such less frequent schedule as may be agreed to by the 2 school
7districts.
8(Source: P.A. 91-407, eff. 8-3-99.)
 
9    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
10    Sec. 29-5. Reimbursement by State for transportation. Any
11school district, maintaining a school, transporting resident
12pupils to another school district's vocational program,
13offered through a joint agreement approved by the State Board
14of Education, as provided in Section 10-22.22 or transporting
15its resident pupils to a school which meets the standards for
16recognition as established by the State Board of Education
17which provides transportation meeting the standards of safety,
18comfort, convenience, efficiency and operation prescribed by
19the State Board of Education for resident pupils in
20kindergarten or any of grades 1 through 12 who: (a) reside at
21least 2 1 1/2 miles as measured by the customary route of
22travel, from the school attended; or (b) reside in areas where
23conditions are such that walking constitutes a hazard to the
24safety of the child when determined under Section 29-3; and (c)
25are transported to the school attended from pick-up points at

 

 

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1the beginning of the school day and back again at the close of
2the school day or transported to and from their assigned
3attendance centers during the school day, shall be reimbursed
4by the State as hereinafter provided in this Section.
5    The State will pay the cost of transporting eligible pupils
6less the assessed valuation in a dual school district
7maintaining secondary grades 9 to 12 inclusive times a
8qualifying rate of .05%; in elementary school districts
9maintaining grades K to 8 times a qualifying rate of .06%; and
10in unit districts maintaining grades K to 12, including
11optional elementary unit districts and combined high school -
12unit districts, times a qualifying rate of .07%; provided that
13for optional elementary unit districts and combined high school -
14 unit districts, assessed valuation for high school purposes,
15as defined in Article 11E of this Code, must be used. To be
16eligible to receive reimbursement in excess of 4/5 of the cost
17to transport eligible pupils, a school district shall have a
18Transportation Fund tax rate of at least .12%. If a school
19district does not have a .12% Transportation Fund tax rate, the
20amount of its claim in excess of 4/5 of the cost of
21transporting pupils shall be reduced by the sum arrived at by
22subtracting the Transportation Fund tax rate from .12% and
23multiplying that amount by the districts equalized or assessed
24valuation, provided, that in no case shall said reduction
25result in reimbursement of less than 4/5 of the cost to
26transport eligible pupils.

 

 

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1    The minimum amount to be received by a district is $16
2times the number of eligible pupils transported.
3    When calculating the reimbursement for transportation
4costs, the State Board of Education may not deduct the number
5of pupils enrolled in early education programs from the number
6of pupils eligible for reimbursement if the pupils enrolled in
7the early education programs are transported at the same time
8as other eligible pupils.
9    Any such district transporting resident pupils during the
10school day to an area vocational school or another school
11district's vocational program more than 2 1 1/2 miles from the
12school attended, as provided in Sections 10-22.20a and
1310-22.22, shall be reimbursed by the State for 4/5 of the cost
14of transporting eligible pupils.
15    School day means that period of time which the pupil is
16required to be in attendance for instructional purposes.
17    If a pupil is at a location within the school district
18other than his residence for child care purposes at the time
19for transportation to school, that location may be considered
20for purposes of determining the 2 1 1/2 miles from the school
21attended.
22    Claims for reimbursement that include children who attend
23any school other than a public school shall show the number of
24such children transported.
25    Claims for reimbursement under this Section shall not be
26paid for the transportation of pupils for whom transportation

 

 

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1costs are claimed for payment under other Sections of this Act.
2    The allowable direct cost of transporting pupils for
3regular, vocational, and special education pupil
4transportation shall be limited to the sum of the cost of
5physical examinations required for employment as a school bus
6driver; the salaries of full or part-time drivers and school
7bus maintenance personnel; employee benefits excluding
8Illinois municipal retirement payments, social security
9payments, unemployment insurance payments and workers'
10compensation insurance premiums; expenditures to independent
11carriers who operate school buses; payments to other school
12districts for pupil transportation services; pre-approved
13contractual expenditures for computerized bus scheduling; the
14cost of gasoline, oil, tires, and other supplies necessary for
15the operation of school buses; the cost of converting buses'
16gasoline engines to more fuel efficient engines or to engines
17which use alternative energy sources; the cost of travel to
18meetings and workshops conducted by the regional
19superintendent or the State Superintendent of Education
20pursuant to the standards established by the Secretary of State
21under Section 6-106 of the Illinois Vehicle Code to improve the
22driving skills of school bus drivers; the cost of maintenance
23of school buses including parts and materials used;
24expenditures for leasing transportation vehicles, except
25interest and service charges; the cost of insurance and
26licenses for transportation vehicles; expenditures for the

 

 

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1rental of transportation equipment; plus a depreciation
2allowance of 20% for 5 years for school buses and vehicles
3approved for transporting pupils to and from school and a
4depreciation allowance of 10% for 10 years for other
5transportation equipment so used. Each school year, if a school
6district has made expenditures to the Regional Transportation
7Authority or any of its service boards, a mass transit
8district, or an urban transportation district under an
9intergovernmental agreement with the district to provide for
10the transportation of pupils and if the public transit carrier
11received direct payment for services or passes from a school
12district within its service area during the 2000-2001 school
13year, then the allowable direct cost of transporting pupils for
14regular, vocational, and special education pupil
15transportation shall also include the expenditures that the
16district has made to the public transit carrier. In addition to
17the above allowable costs school districts shall also claim all
18transportation supervisory salary costs, including Illinois
19municipal retirement payments, and all transportation related
20building and building maintenance costs without limitation.
21    Special education allowable costs shall also include
22expenditures for the salaries of attendants or aides for that
23portion of the time they assist special education pupils while
24in transit and expenditures for parents and public carriers for
25transporting special education pupils when pre-approved by the
26State Superintendent of Education.

 

 

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1    Indirect costs shall be included in the reimbursement claim
2for districts which own and operate their own school buses.
3Such indirect costs shall include administrative costs, or any
4costs attributable to transporting pupils from their
5attendance centers to another school building for
6instructional purposes. No school district which owns and
7operates its own school buses may claim reimbursement for
8indirect costs which exceed 5% of the total allowable direct
9costs for pupil transportation.
10    The State Board of Education shall prescribe uniform
11regulations for determining the above standards and shall
12prescribe forms of cost accounting and standards of determining
13reasonable depreciation. Such depreciation shall include the
14cost of equipping school buses with the safety features
15required by law or by the rules, regulations and standards
16promulgated by the State Board of Education, and the Department
17of Transportation for the safety and construction of school
18buses provided, however, any equipment cost reimbursed by the
19Department of Transportation for equipping school buses with
20such safety equipment shall be deducted from the allowable cost
21in the computation of reimbursement under this Section in the
22same percentage as the cost of the equipment is depreciated.
23    On or before August 15, annually, the chief school
24administrator for the district shall certify to the State
25Superintendent of Education the district's claim for
26reimbursement for the school year ending on June 30 next

 

 

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1preceding. The State Superintendent of Education shall check
2and approve the claims and prepare the vouchers showing the
3amounts due for district reimbursement claims. Each fiscal
4year, the State Superintendent of Education shall prepare and
5transmit the first 3 vouchers to the Comptroller on the 30th
6day of September, December and March, respectively, and the
7final voucher, no later than June 20.
8    If the amount appropriated for transportation
9reimbursement is insufficient to fund total claims for any
10fiscal year, the State Board of Education shall reduce each
11school district's allowable costs and flat grant amount
12proportionately to make total adjusted claims equal the total
13amount appropriated.
14    For purposes of calculating claims for reimbursement under
15this Section for any school year beginning July 1, 1998, or
16thereafter, the equalized assessed valuation for a school
17district used to compute reimbursement shall be computed in the
18same manner as it is computed under paragraph (2) of subsection
19(G) of Section 18-8.05.
20    All reimbursements received from the State shall be
21deposited into the district's transportation fund or into the
22fund from which the allowable expenditures were made.
23    Notwithstanding any other provision of law, any school
24district receiving a payment under this Section or under
25Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
26classify all or a portion of the funds that it receives in a

 

 

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1particular fiscal year or from general State aid pursuant to
2Section 18-8.05 of this Code as funds received in connection
3with any funding program for which it is entitled to receive
4funds from the State in that fiscal year (including, without
5limitation, any funding program referenced in this Section),
6regardless of the source or timing of the receipt. The district
7may not classify more funds as funds received in connection
8with the funding program than the district is entitled to
9receive in that fiscal year for that program. Any
10classification by a district must be made by a resolution of
11its board of education. The resolution must identify the amount
12of any payments or general State aid to be classified under
13this paragraph and must specify the funding program to which
14the funds are to be treated as received in connection
15therewith. This resolution is controlling as to the
16classification of funds referenced therein. A certified copy of
17the resolution must be sent to the State Superintendent of
18Education. The resolution shall still take effect even though a
19copy of the resolution has not been sent to the State
20Superintendent of Education in a timely manner. No
21classification under this paragraph by a district shall affect
22the total amount or timing of money the district is entitled to
23receive under this Code. No classification under this paragraph
24by a district shall in any way relieve the district from or
25affect any requirements that otherwise would apply with respect
26to that funding program, including any accounting of funds by

 

 

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1source, reporting expenditures by original source and purpose,
2reporting requirements, or requirements of providing services.
3    Any school district with a population of not more than
4500,000 must deposit all funds received under this Article into
5the transportation fund and use those funds for the provision
6of transportation services.
7(Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
 
8    (105 ILCS 5/29-5.2)  (from Ch. 122, par. 29-5.2)
9    Sec. 29-5.2. Reimbursement of transportation.
10    (a) Reimbursement. A custodian of a qualifying pupil shall
11be entitled to reimbursement in accordance with procedures
12established by the State Board of Education for qualified
13transportation expenses paid by such custodian during the
14school year.
15    (b) Definitions. As used in this Section:
16    (1) "Qualifying pupil" means an individual referred to in
17subsection (c), as well as an individual who:
18    (A) is a resident of the State of Illinois; and
19    (B) is under the age of 21 at the close of the school year
20for which reimbursement is sought; and
21    (C) during the school year for which reimbursement is
22sought was a full-time pupil enrolled in a kindergarten through
2312th grade educational program at a school which was a distance
24of 2 1 1/2 miles or more from the residence of such pupil; and
25    (D) did not live within 2 1 1/2 miles from the school in

 

 

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1which the pupil was enrolled or have access to transportation
2provided entirely at public expense to and from that school and
3a point within 2 1 1/2 miles of the pupil's residence, measured
4in a manner consistent with Section 29-3.
5    (2) "Qualified transportation expenses" means costs
6reasonably incurred by the custodian to transport, for the
7purposes of attending regularly scheduled day-time classes, a
8qualifying pupil between such qualifying pupil's residence and
9the school at which such qualifying pupil is enrolled, as
10limited in subsection (e) of this Section, and shall include
11automobile expenses at the standard mileage rate allowed by the
12United States Internal Revenue Service as reimbursement for
13business transportation expense, as well as payments to mass
14transit carriers, private carriers, and contractual fees for
15transportation.
16    (3) "School" means a public or nonpublic elementary or
17secondary school in Illinois, attendance at which satisfies the
18requirements of Section 26-1.
19    (4) Two One and one-half miles distance. For the purposes
20of this Section, 2 1 1/2 miles distance shall be measured in a
21manner consistent with Section 29-3.
22    (5) Custodian. The term "custodian" shall mean, with
23respect to a qualifying pupil, an Illinois resident who is the
24parent, or parents, or legal guardian of such qualifying pupil.
25    (c) An individual, resident of the State of Illinois, who
26is under the age of 21 at the close of the school year for which

 

 

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1reimbursement is sought and who, during that school year, was a
2full time pupil enrolled in a kindergarten through 12th grade
3educational program at a school which was within 2 1 1/2 miles
4of the pupil's residence, measured in a manner consistent with
5Section 29-3, is a "qualifying pupil" within the meaning of
6this Section if: (i) such pupil did not have access to
7transportation provided entirely at public expense to and from
8that school and the pupil's residence, and (ii) conditions were
9such that walking would have constituted a serious hazard to
10the safety of the pupil due to vehicular traffic. The
11determination of what constitutes a serious safety hazard
12within the meaning of this subsection shall in each case be
13made by the Department of Transportation in accordance with
14guidelines which the Department, in consultation with the State
15Superintendent of Education, shall promulgate. Each custodian
16intending to file an application for reimbursement under
17subsection (d) for expenditures incurred or to be incurred with
18respect to a pupil asserted to be a qualified pupil as an
19individual referred to in this subsection shall first file with
20the appropriate regional superintendent, on forms provided by
21the State Board of Education, a request for a determination
22that a serious safety hazard within the meaning of this
23subsection (c) exists with respect to such pupil. Custodians
24shall file such forms with the appropriate regional
25superintendents not later than February 1 of the school year
26for which reimbursement will be sought for transmittal by the

 

 

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1regional superintendents to the Department of Transportation
2not later than February 15; except that any custodian who
3previously received a determination that a serious safety
4hazard exists need not resubmit such a request for 4 years but
5instead may certify on their application for reimbursement to
6the State Board of Education referred to in subsection (d),
7that the conditions found to be hazardous, as previously
8determined by the Department, remain unchanged. The Department
9shall make its determination on all requests so transmitted to
10it within 30 days, and shall thereupon forward notice of each
11determination which it has made to the appropriate regional
12superintendent for immediate transmittal to the custodian
13affected thereby. The determination of the Department relative
14to what constitutes a serious safety hazard within the meaning
15of subsection (c) with respect to any pupil shall be deemed an
16"administrative decision" as defined in Section 3-101 of the
17Administrative Review Law; and the Administrative Review Law
18and all amendments and modifications thereof and rules adopted
19pursuant thereto shall apply to and govern all proceedings
20instituted for the judicial review of final administrative
21decisions of the Department of Transportation under this
22subsection.
23    (d) Request for reimbursement. A custodian, including a
24custodian for a pupil asserted to be a qualified pupil as an
25individual referred to in subsection (c), who applies in
26accordance with procedures established by the State Board of

 

 

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1Education shall be reimbursed in accordance with the dollar
2limits set out in this Section. Such procedures shall require
3application no later than June 30 of each year, documentation
4as to eligibility, and adequate evidence of expenditures;
5except that for reimbursement sought pursuant to subsection (c)
6for the 1985-1986 school year, such procedures shall require
7application within 21 days after the determination of the
8Department of Transportation with respect to that school year
9is transmitted by the regional superintendent to the affected
10custodian. In the absence of contemporaneous records, an
11affidavit by the custodian may be accepted as evidence of an
12expenditure. If the amount appropriated for such reimbursement
13for any year is less than the amount due each custodian, it
14shall be apportioned on the basis of the requests approved.
15Regional Superintendents shall be reimbursed for such costs of
16administering the program, including costs incurred in
17administering the provisions of subsection (c), as the State
18Board of Education determines are reasonable and necessary.
19    (e) Dollar limit on amount of reimbursement. Reimbursement
20to custodians for transportation expenses incurred during the
211985-1986 school year, payable in fiscal year 1987, shall be
22equal to the lesser of (1) the actual qualified transportation
23expenses, or (2) $50 per pupil. Reimbursement to custodians for
24transportation expenses incurred during the 1986-1987 school
25year, payable in fiscal year 1988, shall be equal to the lesser
26of (1) the actual qualified transportation expenses, or (2)

 

 

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1$100 per pupil. For reimbursements of qualified transportation
2expenses incurred in 1987-1988 and thereafter, the amount of
3reimbursement shall not exceed the prior year's State
4reimbursement per pupil for transporting pupils as required by
5Section 29-3 and other provisions of this Article.
6    (f) Rules and regulations. The State Board of Education
7shall adopt rules to implement this Section.
8    (g) The provisions of this amendatory Act of 1986 shall
9apply according to their terms to the entire 1985-1986 school
10year, including any portion of that school year which elapses
11prior to the effective date of this amendatory Act, and to each
12subsequent school year.
13    (h) The chief administrative officer of each school shall
14notify custodians of qualifying pupils that reimbursements are
15available. Notification shall occur by the first Monday in
16November of the school year for which reimbursement is
17available.
18(Source: P.A. 91-357, eff. 7-29-99.)
 
19    Section 99. Effective date. This Act takes effect July 1,
202013.