Full Text of HB3108 97th General Assembly
HB3108ham004 97TH GENERAL ASSEMBLY | Rep. Roger L. Eddy Filed: 5/19/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3108
| 2 | | AMENDMENT NO. ______. Amend House Bill 3108 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 1D-1 as follows:
| 6 | | (105 ILCS 5/1D-1)
| 7 | | Sec. 1D-1. Block grant funding.
| 8 | | (a) For fiscal year 1996 and each fiscal year thereafter, | 9 | | the State Board
of Education shall award to a school district | 10 | | having a population exceeding
500,000 inhabitants a general | 11 | | education block grant and an educational services
block grant, | 12 | | determined as provided in this Section, in lieu of distributing | 13 | | to
the district separate State funding for the programs | 14 | | described in subsections
(b) and (c). The provisions of this | 15 | | Section, however, do not apply to any
federal funds that the | 16 | | district is entitled to receive. In accordance with
Section |
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| 1 | | 2-3.32, all block grants are subject to an audit. Therefore, | 2 | | block
grant receipts and block grant expenditures shall be | 3 | | recorded to the
appropriate fund code for the designated block | 4 | | grant.
| 5 | | (b) The general education block grant shall include the | 6 | | following
programs: REI Initiative, Summer Bridges, Preschool | 7 | | At Risk, K-6
Comprehensive Arts, School Improvement Support, | 8 | | Urban Education, Scientific
Literacy, Substance Abuse | 9 | | Prevention, Second Language Planning, Staff
Development, | 10 | | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | 11 | | Continued
Reading Improvement, Truants'
Optional Education, | 12 | | Hispanic Programs, Agriculture Education,
Parental Education, | 13 | | Prevention Initiative, Report Cards, and Criminal
Background | 14 | | Investigations. Notwithstanding any other provision of law, | 15 | | all
amounts paid under the general education block grant from | 16 | | State appropriations
to a school district in a city having a | 17 | | population exceeding 500,000
inhabitants shall be appropriated | 18 | | and expended by the board of that district
for any of the | 19 | | programs included in the block grant or any of the board's
| 20 | | lawful purposes.
| 21 | | (c) The educational services block grant shall include the | 22 | | following
programs: Bilingual, Regular and Vocational | 23 | | Transportation, State Lunch and
Free Breakfast Program, | 24 | | Special Education (Personnel,
Transportation, Orphanage, | 25 | | Private Tuition), funding
for children requiring special | 26 | | education services, Summer School,
Educational Service |
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| 1 | | Centers, and Administrator's Academy. This subsection (c)
does | 2 | | not relieve the district of its obligation to provide the | 3 | | services
required under a program that is included within the | 4 | | educational services block
grant. It is the intention of the | 5 | | General Assembly in enacting the provisions
of this subsection | 6 | | (c) to relieve the district of the administrative burdens
that | 7 | | impede efficiency and accompany single-program funding. The | 8 | | General
Assembly encourages the board to pursue mandate waivers | 9 | | pursuant to Section
2-3.25g. | 10 | | The funding program included in the educational services | 11 | | block grant
for funding for children requiring special | 12 | | education services in each fiscal
year shall be treated in that | 13 | | fiscal year as a payment to the school district
in respect of | 14 | | services provided or costs incurred in the prior fiscal year,
| 15 | | calculated in each case as provided in this Section. Nothing in | 16 | | this Section
shall change the nature of payments for any | 17 | | program that, apart from this
Section, would be or, prior to | 18 | | adoption or amendment of this Section, was on
the basis of a | 19 | | payment in a fiscal year in respect of services provided or
| 20 | | costs incurred in the prior fiscal year, calculated in each | 21 | | case as provided
in this Section.
| 22 | | (d) For fiscal year 1996 and each fiscal year thereafter, | 23 | | the amount
of the district's block grants shall be determined | 24 | | as follows:
(i) with respect to each program that is included | 25 | | within each block grant, the
district shall receive an amount | 26 | | equal to the same percentage of the current
fiscal year |
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| 1 | | appropriation made for that program as the percentage of the
| 2 | | appropriation received by the district from the 1995 fiscal | 3 | | year appropriation
made for that program, and
(ii) the total | 4 | | amount that is due the district under the block grant shall be
| 5 | | the aggregate of the amounts that the district is entitled to | 6 | | receive for the
fiscal year with respect to each program that | 7 | | is included within the block
grant that the State Board of | 8 | | Education shall award the district under this
Section for that | 9 | | fiscal year. In the case of the Summer Bridges program,
the | 10 | | amount of the district's block grant shall be equal to 44% of | 11 | | the amount
of the current fiscal year appropriation made for | 12 | | that program.
| 13 | | (e) The district is not required to file any application or | 14 | | other claim in
order to receive the block grants to which it is | 15 | | entitled under this Section through the 2010-2011 school year .
| 16 | | The State Board of Education shall make payments to the | 17 | | district of amounts due
under the district's block grants on a | 18 | | schedule determined by the State Board
of Education. Beginning | 19 | | with the 2011-2012 school year, the district shall submit | 20 | | application, approval data, and claim information in the same | 21 | | manner and format as all other school districts for programs | 22 | | provided in the general education and educational services | 23 | | block grant.
| 24 | | (f) A school district to which this Section applies shall | 25 | | report to the
State Board of Education on its use of the block | 26 | | grants in such form and detail
as the State Board of Education |
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| 1 | | may specify.
| 2 | | (g) This paragraph provides for the treatment of block | 3 | | grants under Article
1C for purposes of calculating the amount | 4 | | of block grants for a district under
this Section. Those block | 5 | | grants under Article 1C are, for this
purpose, treated as | 6 | | included in the amount of appropriation for the various
| 7 | | programs set forth in paragraph (b) above. The appropriation in | 8 | | each current
fiscal year for each block grant under Article 1C | 9 | | shall be treated for these
purposes as appropriations for the | 10 | | individual program included in that block
grant. The proportion | 11 | | of each block grant so allocated to each such program
included | 12 | | in it shall be the proportion which the appropriation for that | 13 | | program
was of all appropriations for such purposes now in that | 14 | | block grant, in fiscal
1995.
| 15 | | Payments to the school district under this Section with | 16 | | respect to each
program for which payments to school districts | 17 | | generally, as of the date of
this
amendatory Act of the 92nd | 18 | | General Assembly, are on a reimbursement basis
shall continue | 19 | | to be made to the district on a reimbursement basis, pursuant
| 20 | | to the provisions of this Code governing those programs.
| 21 | | (h) Notwithstanding any other provision of law, any school | 22 | | district
receiving a block grant under this Section may | 23 | | classify all or a portion of
the funds that it receives in a | 24 | | particular fiscal year from any block grant
authorized under | 25 | | this Code or from general State aid pursuant to Section
18-8.05 | 26 | | of this Code (other than supplemental general State aid) as
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| 1 | | funds received in connection with any funding program for which | 2 | | it is
entitled to receive funds from the State in that fiscal | 3 | | year (including,
without limitation, any funding program | 4 | | referred to in subsection (c) of
this Section), regardless of | 5 | | the source or timing of the receipt. The
district may not | 6 | | classify more funds as funds received in connection
with the | 7 | | funding program than the district is entitled to receive in | 8 | | that
fiscal year for that program. Any classification by a | 9 | | district must be made by
a resolution
of its board of | 10 | | education. The resolution must identify the amount of any
block | 11 | | grant or general State aid to be classified under this | 12 | | subsection (h)
and must specify the funding program to which | 13 | | the funds are to be
treated as received in connection | 14 | | therewith. This resolution is
controlling as to the | 15 | | classification of funds referenced therein. A certified
copy of | 16 | | the resolution must be sent to the State Superintendent of
| 17 | | Education.
The resolution shall still take effect even though a | 18 | | copy of the resolution
has not been sent to the State
| 19 | | Superintendent of Education in a timely manner.
No | 20 | | classification under this subsection (h) by a district shall
| 21 | | affect the total amount or timing of money the district is | 22 | | entitled to receive
under this Code.
No classification under | 23 | | this subsection (h) by a district
shall in any way relieve the | 24 | | district from or affect any
requirements that otherwise would | 25 | | apply with respect to the
block grant as provided in this | 26 | | Section, including any
accounting of funds by source, reporting |
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| 1 | | expenditures by
original source and purpose,
reporting | 2 | | requirements, or requirements of provision of
services.
| 3 | | (Source: P.A. 92-568, eff. 6-26-02; 92-651, eff. 7-11-02; | 4 | | 93-21, eff. 7-1-03; 93-53, eff. 7-1-03; 93-1022, eff. 8-24-04.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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