Full Text of SB1742 97th General Assembly
SB1742sam001 97TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 4/6/2011
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| 1 | | AMENDMENT TO SENATE BILL 1742
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1742 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | system for
educational programs that are currently funded | 2 | | through single-program grants.
Before submitting its plan to | 3 | | establish and implement a block grant funding
system to the | 4 | | Governor and General Assembly as required by this Section, the
| 5 | | State Board of Education shall give appropriate notice of and | 6 | | hold statewide
public hearings on the subject of funding | 7 | | educational programs through block
grants. The
plan shall be
| 8 | | designed to relieve school districts of the administrative | 9 | | burdens that impede
efficiency and accompany single-program | 10 | | funding.
| 11 | | A school district that receives an Early Childhood | 12 | | Education Block Grant shall report to the State Board of | 13 | | Education on its use of the block
grant in such form and detail | 14 | | as the State Board of Education
may specify. In addition, the | 15 | | report must include the following
description for the district, | 16 | | which must also be reported to
the General Assembly: block | 17 | | grant allocation and expenditures
by program; population and | 18 | | service levels by program; and
administrative expenditures by | 19 | | program. The State Board of Education shall ensure that the | 20 | | reporting requirements for a district organized under Article | 21 | | 34 of this Code are the same as for all other school districts | 22 | | in this State. | 23 | | (Source: P.A. 88-555, eff. 7-27-94; 89-397, eff. 8-20-95; | 24 | | 89-610, eff.
8-6-96.)
| 25 | | (105 ILCS 5/1D-1)
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| 1 | | Sec. 1D-1. Block grant funding.
| 2 | | (a) For fiscal year 1996 and each fiscal year thereafter, | 3 | | the State Board
of Education shall award to a school district | 4 | | having a population exceeding
500,000 inhabitants a general | 5 | | education block grant and an educational services
block grant, | 6 | | determined as provided in this Section, in lieu of distributing | 7 | | to
the district separate State funding for the programs | 8 | | described in subsections
(b) and (c). The provisions of this | 9 | | Section, however, do not apply to any
federal funds that the | 10 | | district is entitled to receive. In accordance with
Section | 11 | | 2-3.32, all block grants are subject to an audit. Therefore, | 12 | | block
grant receipts and block grant expenditures shall be | 13 | | recorded to the
appropriate fund code for the designated block | 14 | | grant.
| 15 | | (b) The general education block grant shall include the | 16 | | following
programs: REI Initiative, Summer Bridges, Preschool | 17 | | At Risk, K-6
Comprehensive Arts, School Improvement Support, | 18 | | Urban Education, Scientific
Literacy, Substance Abuse | 19 | | Prevention, Second Language Planning, Staff
Development, | 20 | | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | 21 | | Continued
Reading Improvement, Truants'
Optional Education, | 22 | | Hispanic Programs, Agriculture Education,
Parental Education, | 23 | | Prevention Initiative, Report Cards, and Criminal
Background | 24 | | Investigations. Notwithstanding any other provision of law, | 25 | | all
amounts paid under the general education block grant from | 26 | | State appropriations
to a school district in a city having a |
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| 1 | | population exceeding 500,000
inhabitants shall be appropriated | 2 | | and expended by the board of that district
for any of the | 3 | | programs included in the block grant or any of the board's
| 4 | | lawful purposes.
| 5 | | (c) The educational services block grant shall include the | 6 | | following
programs: Bilingual, Regular and Vocational | 7 | | Transportation, State Lunch and
Free Breakfast Program, | 8 | | Special Education (Personnel,
Transportation, Orphanage, | 9 | | Private Tuition), funding
for children requiring special | 10 | | education services, Summer School,
Educational Service | 11 | | Centers, and Administrator's Academy. This subsection (c)
does | 12 | | not relieve the district of its obligation to provide the | 13 | | services
required under a program that is included within the | 14 | | educational services block
grant. It is the intention of the | 15 | | General Assembly in enacting the provisions
of this subsection | 16 | | (c) to relieve the district of the administrative burdens
that | 17 | | impede efficiency and accompany single-program funding. The | 18 | | General
Assembly encourages the board to pursue mandate waivers | 19 | | pursuant to Section
2-3.25g. | 20 | | The funding program included in the educational services | 21 | | block grant
for funding for children requiring special | 22 | | education services in each fiscal
year shall be treated in that | 23 | | fiscal year as a payment to the school district
in respect of | 24 | | services provided or costs incurred in the prior fiscal year,
| 25 | | calculated in each case as provided in this Section. Nothing in | 26 | | this Section
shall change the nature of payments for any |
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| 1 | | program that, apart from this
Section, would be or, prior to | 2 | | adoption or amendment of this Section, was on
the basis of a | 3 | | payment in a fiscal year in respect of services provided or
| 4 | | costs incurred in the prior fiscal year, calculated in each | 5 | | case as provided
in this Section.
| 6 | | (d) For fiscal year 1996 and each fiscal year thereafter, | 7 | | the amount
of the district's block grants shall be determined | 8 | | as follows:
(i) with respect to each program that is included | 9 | | within each block grant, the
district shall receive an amount | 10 | | equal to the same percentage of the current
fiscal year | 11 | | appropriation made for that program as the percentage of the
| 12 | | appropriation received by the district from the 1995 fiscal | 13 | | year appropriation
made for that program, and
(ii) the total | 14 | | amount that is due the district under the block grant shall be
| 15 | | the aggregate of the amounts that the district is entitled to | 16 | | receive for the
fiscal year with respect to each program that | 17 | | is included within the block
grant that the State Board of | 18 | | Education shall award the district under this
Section for that | 19 | | fiscal year. In the case of the Summer Bridges program,
the | 20 | | amount of the district's block grant shall be equal to 44% of | 21 | | the amount
of the current fiscal year appropriation made for | 22 | | that program.
| 23 | | (e) The district is not required to file any application or | 24 | | other claim in
order to receive the block grants to which it is | 25 | | entitled under this Section.
The State Board of Education shall | 26 | | make payments to the district of amounts due
under the |
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| 1 | | district's block grants on a schedule determined by the State | 2 | | Board
of Education.
| 3 | | (f) A school district to which this Section applies shall | 4 | | report to the
State Board of Education on its use of the block | 5 | | grants in such form and detail
as the State Board of Education | 6 | | may specify. In addition, the report must include the following | 7 | | description for the district, which must also be reported to | 8 | | the General Assembly: block grant allocation and expenditures | 9 | | by program; population and service levels by program; and | 10 | | administrative expenditures by program. The State Board of | 11 | | Education shall ensure that the reporting requirements for the | 12 | | district are the same as for all other school districts in this | 13 | | State.
| 14 | | (g) This paragraph provides for the treatment of block | 15 | | grants under Article
1C for purposes of calculating the amount | 16 | | of block grants for a district under
this Section. Those block | 17 | | grants under Article 1C are, for this
purpose, treated as | 18 | | included in the amount of appropriation for the various
| 19 | | programs set forth in paragraph (b) above. The appropriation in | 20 | | each current
fiscal year for each block grant under Article 1C | 21 | | shall be treated for these
purposes as appropriations for the | 22 | | individual program included in that block
grant. The proportion | 23 | | of each block grant so allocated to each such program
included | 24 | | in it shall be the proportion which the appropriation for that | 25 | | program
was of all appropriations for such purposes now in that | 26 | | block grant, in fiscal
1995.
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| 1 | | Payments to the school district under this Section with | 2 | | respect to each
program for which payments to school districts | 3 | | generally, as of the date of
this
amendatory Act of the 92nd | 4 | | General Assembly, are on a reimbursement basis
shall continue | 5 | | to be made to the district on a reimbursement basis, pursuant
| 6 | | to the provisions of this Code governing those programs.
| 7 | | (h) Notwithstanding any other provision of law, any school | 8 | | district
receiving a block grant under this Section may | 9 | | classify all or a portion of
the funds that it receives in a | 10 | | particular fiscal year from any block grant
authorized under | 11 | | this Code or from general State aid pursuant to Section
18-8.05 | 12 | | of this Code (other than supplemental general State aid) as
| 13 | | funds received in connection with any funding program for which | 14 | | it is
entitled to receive funds from the State in that fiscal | 15 | | year (including,
without limitation, any funding program | 16 | | referred to in subsection (c) of
this Section), regardless of | 17 | | the source or timing of the receipt. The
district may not | 18 | | classify more funds as funds received in connection
with the | 19 | | funding program than the district is entitled to receive in | 20 | | that
fiscal year for that program. Any classification by a | 21 | | district must be made by
a resolution
of its board of | 22 | | education. The resolution must identify the amount of any
block | 23 | | grant or general State aid to be classified under this | 24 | | subsection (h)
and must specify the funding program to which | 25 | | the funds are to be
treated as received in connection | 26 | | therewith. This resolution is
controlling as to the |
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| 1 | | classification of funds referenced therein. A certified
copy of | 2 | | the resolution must be sent to the State Superintendent of
| 3 | | Education.
The resolution shall still take effect even though a | 4 | | copy of the resolution
has not been sent to the State
| 5 | | Superintendent of Education in a timely manner.
No | 6 | | classification under this subsection (h) by a district shall
| 7 | | affect the total amount or timing of money the district is | 8 | | entitled to receive
under this Code.
No classification under | 9 | | this subsection (h) by a district
shall in any way relieve the | 10 | | district from or affect any
requirements that otherwise would | 11 | | apply with respect to the
block grant as provided in this | 12 | | Section, including any
accounting of funds by source, reporting | 13 | | expenditures by
original source and purpose,
reporting | 14 | | requirements, or requirements of provision of
services.
| 15 | | (Source: P.A. 92-568, eff. 6-26-02; 92-651, eff. 7-11-02; | 16 | | 93-21, eff. 7-1-03; 93-53, eff. 7-1-03; 93-1022, eff. 8-24-04.)
| 17 | | Section 99. Effective date. This Act takes effect July 1, | 18 | | 2011.".
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