Full Text of HB3692 98th General Assembly
HB3692 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3692 Introduced , by Rep. Sandra M. Pihos SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/1C-4 |
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105 ILCS 5/1D-1 |
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Amends the School Code. With respect to the report that a school district submits to the State Board of Education if the district receives an Early Childhood Education Block Grant and the report that the Chicago school district submits to the State Board on the use of its general education and educational services block grants, provides that if the district does not submit the report to the State Board in a timely manner then the State Board shall withhold all payments owed to the district until the report is submitted, reviewed, and made public by the State Board. Effective July 1, 2014.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 1C-4 and 1D-1 as follows:
| 6 | | (105 ILCS 5/1C-4)
| 7 | | Sec. 1C-4. Reports. The State Superintendent of Education, | 8 | | in cooperation
with the school districts participating under | 9 | | this Article, shall annually
report to the leadership of the | 10 | | General Assembly on the progress made in
implementing this | 11 | | Article. By February 1, 1997, the State Board of Education
| 12 | | shall submit to the Governor and General Assembly a | 13 | | comprehensive plan for
Illinois school districts, including | 14 | | the school district that has been
organized under Article 34 | 15 | | and is under the jurisdiction of the Chicago Board
of | 16 | | Education, to establish and implement a block grant funding | 17 | | system for
educational programs that are currently funded | 18 | | through single-program grants.
Before submitting its plan to | 19 | | establish and implement a block grant funding
system to the | 20 | | Governor and General Assembly as required by this Section, the
| 21 | | State Board of Education shall give appropriate notice of and | 22 | | hold statewide
public hearings on the subject of funding | 23 | | educational programs through block
grants. The
plan shall be
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| 1 | | designed to relieve school districts of the administrative | 2 | | burdens that impede
efficiency and accompany single-program | 3 | | funding.
| 4 | | A school district that receives an Early Childhood | 5 | | Education Block Grant shall report to the State Board of | 6 | | Education on its use of the block
grant in such form and detail | 7 | | as the State Board of Education
may specify. In addition, the | 8 | | report must include the following
description for the district, | 9 | | which must also be reported to
the General Assembly: block | 10 | | grant allocation and expenditures
by program; population and | 11 | | service levels by program; and
administrative expenditures by | 12 | | program. The State Board of Education shall ensure that the | 13 | | reporting requirements for a district organized under Article | 14 | | 34 of this Code are the same as for all other school districts | 15 | | in this State. If the school district does not submit the | 16 | | report to the State Board of Education in a timely manner, as | 17 | | prescribed by the State Board of Education, then the State | 18 | | Board of Education shall withhold all payments owed to the | 19 | | district until the report is submitted, reviewed, and made | 20 | | public by the State Board of Education. | 21 | | (Source: P.A. 97-238, eff. 8-2-11.)
| 22 | | (105 ILCS 5/1D-1)
| 23 | | Sec. 1D-1. Block grant funding.
| 24 | | (a) For fiscal year 1996 and each fiscal year thereafter, | 25 | | the State Board
of Education shall award to a school district |
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| 1 | | having a population exceeding
500,000 inhabitants a general | 2 | | education block grant and an educational services
block grant, | 3 | | determined as provided in this Section, in lieu of distributing | 4 | | to
the district separate State funding for the programs | 5 | | described in subsections
(b) and (c). The provisions of this | 6 | | Section, however, do not apply to any
federal funds that the | 7 | | district is entitled to receive. In accordance with
Section | 8 | | 2-3.32, all block grants are subject to an audit. Therefore, | 9 | | block
grant receipts and block grant expenditures shall be | 10 | | recorded to the
appropriate fund code for the designated block | 11 | | grant.
| 12 | | (b) The general education block grant shall include the | 13 | | following
programs: REI Initiative, Summer Bridges, Preschool | 14 | | At Risk, K-6
Comprehensive Arts, School Improvement Support, | 15 | | Urban Education, Scientific
Literacy, Substance Abuse | 16 | | Prevention, Second Language Planning, Staff
Development, | 17 | | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | 18 | | Continued
Reading Improvement, Truants'
Optional Education, | 19 | | Hispanic Programs, Agriculture Education,
Parental Education, | 20 | | Prevention Initiative, Report Cards, and Criminal
Background | 21 | | Investigations. Notwithstanding any other provision of law, | 22 | | all
amounts paid under the general education block grant from | 23 | | State appropriations
to a school district in a city having a | 24 | | population exceeding 500,000
inhabitants shall be appropriated | 25 | | and expended by the board of that district
for any of the | 26 | | programs included in the block grant or any of the board's
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| 1 | | lawful purposes.
| 2 | | (c) The educational services block grant shall include the | 3 | | following
programs: Regular and Vocational Transportation, | 4 | | State Lunch and
Free Breakfast Program, Special Education | 5 | | (Personnel,
Transportation, Orphanage, Private Tuition), | 6 | | funding
for children requiring special education services, | 7 | | Summer School,
Educational Service Centers, and | 8 | | Administrator's Academy. This subsection (c)
does not relieve | 9 | | the district of its obligation to provide the services
required | 10 | | under a program that is included within the educational | 11 | | services block
grant. It is the intention of the General | 12 | | Assembly in enacting the provisions
of this subsection (c) to | 13 | | relieve the district of the administrative burdens
that impede | 14 | | efficiency and accompany single-program funding. The General
| 15 | | Assembly encourages the board to pursue mandate waivers | 16 | | pursuant to Section
2-3.25g. | 17 | | The funding program included in the educational services | 18 | | block grant
for funding for children requiring special | 19 | | education services in each fiscal
year shall be treated in that | 20 | | fiscal year as a payment to the school district
in respect of | 21 | | services provided or costs incurred in the prior fiscal year,
| 22 | | calculated in each case as provided in this Section. Nothing in | 23 | | this Section
shall change the nature of payments for any | 24 | | program that, apart from this
Section, would be or, prior to | 25 | | adoption or amendment of this Section, was on
the basis of a | 26 | | payment in a fiscal year in respect of services provided or
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| 1 | | costs incurred in the prior fiscal year, calculated in each | 2 | | case as provided
in this Section.
| 3 | | (d) For fiscal year 1996 and each fiscal year thereafter, | 4 | | the amount
of the district's block grants shall be determined | 5 | | as follows:
(i) with respect to each program that is included | 6 | | within each block grant, the
district shall receive an amount | 7 | | equal to the same percentage of the current
fiscal year | 8 | | appropriation made for that program as the percentage of the
| 9 | | appropriation received by the district from the 1995 fiscal | 10 | | year appropriation
made for that program, and
(ii) the total | 11 | | amount that is due the district under the block grant shall be
| 12 | | the aggregate of the amounts that the district is entitled to | 13 | | receive for the
fiscal year with respect to each program that | 14 | | is included within the block
grant that the State Board of | 15 | | Education shall award the district under this
Section for that | 16 | | fiscal year. In the case of the Summer Bridges program,
the | 17 | | amount of the district's block grant shall be equal to 44% of | 18 | | the amount
of the current fiscal year appropriation made for | 19 | | that program.
| 20 | | (e) The district is not required to file any application or | 21 | | other claim in
order to receive the block grants to which it is | 22 | | entitled under this Section.
The State Board of Education shall | 23 | | make payments to the district of amounts due
under the | 24 | | district's block grants on a schedule determined by the State | 25 | | Board
of Education.
| 26 | | (f) A school district to which this Section applies shall |
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| 1 | | report to the
State Board of Education on its use of the block | 2 | | grants in such form and detail
as the State Board of Education | 3 | | may specify. In addition, the report must include the following | 4 | | description for the district, which must also be reported to | 5 | | the General Assembly: block grant allocation and expenditures | 6 | | by program; population and service levels by program; and | 7 | | administrative expenditures by program. The State Board of | 8 | | Education shall ensure that the reporting requirements for the | 9 | | district are the same as for all other school districts in this | 10 | | State. If the school district does not submit the report to the | 11 | | State Board of Education in a timely manner, as prescribed by | 12 | | the State Board of Education, then the State Board of Education | 13 | | shall withhold all payments owed to the district until the | 14 | | report is submitted, reviewed, and made public by the State | 15 | | Board of Education.
| 16 | | (g) This paragraph provides for the treatment of block | 17 | | grants under Article
1C for purposes of calculating the amount | 18 | | of block grants for a district under
this Section. Those block | 19 | | grants under Article 1C are, for this
purpose, treated as | 20 | | included in the amount of appropriation for the various
| 21 | | programs set forth in paragraph (b) above. The appropriation in | 22 | | each current
fiscal year for each block grant under Article 1C | 23 | | shall be treated for these
purposes as appropriations for the | 24 | | individual program included in that block
grant. The proportion | 25 | | of each block grant so allocated to each such program
included | 26 | | in it shall be the proportion which the appropriation for that |
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| 1 | | program
was of all appropriations for such purposes now in that | 2 | | block grant, in fiscal
1995.
| 3 | | Payments to the school district under this Section with | 4 | | respect to each
program for which payments to school districts | 5 | | generally, as of the date of
this
amendatory Act of the 92nd | 6 | | General Assembly, are on a reimbursement basis
shall continue | 7 | | to be made to the district on a reimbursement basis, pursuant
| 8 | | to the provisions of this Code governing those programs.
| 9 | | (h) Notwithstanding any other provision of law, any school | 10 | | district
receiving a block grant under this Section may | 11 | | classify all or a portion of
the funds that it receives in a | 12 | | particular fiscal year from any block grant
authorized under | 13 | | this Code or from general State aid pursuant to Section
18-8.05 | 14 | | of this Code (other than supplemental general State aid) as
| 15 | | funds received in connection with any funding program for which | 16 | | it is
entitled to receive funds from the State in that fiscal | 17 | | year (including,
without limitation, any funding program | 18 | | referred to in subsection (c) of
this Section), regardless of | 19 | | the source or timing of the receipt. The
district may not | 20 | | classify more funds as funds received in connection
with the | 21 | | funding program than the district is entitled to receive in | 22 | | that
fiscal year for that program. Any classification by a | 23 | | district must be made by
a resolution
of its board of | 24 | | education. The resolution must identify the amount of any
block | 25 | | grant or general State aid to be classified under this | 26 | | subsection (h)
and must specify the funding program to which |
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| 1 | | the funds are to be
treated as received in connection | 2 | | therewith. This resolution is
controlling as to the | 3 | | classification of funds referenced therein. A certified
copy of | 4 | | the resolution must be sent to the State Superintendent of
| 5 | | Education.
The resolution shall still take effect even though a | 6 | | copy of the resolution
has not been sent to the State
| 7 | | Superintendent of Education in a timely manner.
No | 8 | | classification under this subsection (h) by a district shall
| 9 | | affect the total amount or timing of money the district is | 10 | | entitled to receive
under this Code.
No classification under | 11 | | this subsection (h) by a district
shall in any way relieve the | 12 | | district from or affect any
requirements that otherwise would | 13 | | apply with respect to the
block grant as provided in this | 14 | | Section, including any
accounting of funds by source, reporting | 15 | | expenditures by
original source and purpose,
reporting | 16 | | requirements, or requirements of provision of
services.
| 17 | | (Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11; | 18 | | 97-813, eff. 7-13-12.)
| 19 | | Section 99. Effective date. This Act takes effect July 1, | 20 | | 2014.
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