Full Text of HB5801 99th General Assembly
HB5801 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5801 Introduced , by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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Creates the Continuing Appropriation for School Transportation Act to
require a General Revenue Fund recommendation by the Governor in the annual budget and annual General Revenue Fund appropriations by the General Assembly sufficient to fund
certain transportation reimbursement claims of school districts and to require a continuing appropriation if the General Assembly fails to make sufficient General Revenue Fund appropriations. Amends the Block Grants for Chicago Article of the School Code. Removes regular and vocational transportation from the list of programs that the educational services block grant must include. Effective immediately.
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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 1. Short title. This Act may be cited as the | 5 | | Continuing Appropriation for School Transportation Act. | 6 | | Section 5. Annual budget; recommendation. Beginning with | 7 | | the Budget for fiscal year 2017, the Governor shall include a
| 8 | | General Revenue Fund recommendation to the State Board of | 9 | | Education in the
annual Budget sufficient to fund
all | 10 | | transportation reimbursement claims of school districts under | 11 | | Section 29-5 of the School Code. | 12 | | Section 10. School transportation; funding. Beginning | 13 | | with fiscal year 2017, the General Assembly shall
annually make | 14 | | General Revenue Fund appropriations to the State Board of | 15 | | Education
sufficient to fund all transportation reimbursement | 16 | | claims of school districts under Section 29-5 of the School | 17 | | Code. | 18 | | Section 15. Continuing appropriation. If the General
| 19 | | Assembly fails to make General Revenue Fund appropriations to
| 20 | | the State Board of Education in fiscal year 2016 or in any | 21 | | fiscal
year thereafter sufficient to fund all transportation |
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| 1 | | reimbursement claims of school districts under Section 29-5 of | 2 | | the School Code, this Act shall
constitute a continuing | 3 | | appropriation from
the General Revenue Fund of all amounts | 4 | | necessary for those
purposes.
| 5 | | Section 90. The School Code is amended by changing Section | 6 | | 1D-1 as follows:
| 7 | | (105 ILCS 5/1D-1)
| 8 | | Sec. 1D-1. Block grant funding.
| 9 | | (a) For fiscal year 1996 and each fiscal year thereafter, | 10 | | the State Board
of Education shall award to a school district | 11 | | having a population exceeding
500,000 inhabitants a general | 12 | | education block grant and an educational services
block grant, | 13 | | determined as provided in this Section, in lieu of distributing | 14 | | to
the district separate State funding for the programs | 15 | | described in subsections
(b) and (c). The provisions of this | 16 | | Section, however, do not apply to any
federal funds that the | 17 | | district is entitled to receive. In accordance with
Section | 18 | | 2-3.32, all block grants are subject to an audit. Therefore, | 19 | | block
grant receipts and block grant expenditures shall be | 20 | | recorded to the
appropriate fund code for the designated block | 21 | | grant.
| 22 | | (b) The general education block grant shall include the | 23 | | following
programs: REI Initiative, Summer Bridges, Preschool | 24 | | At Risk, K-6
Comprehensive Arts, School Improvement Support, |
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| 1 | | Urban Education, Scientific
Literacy, Substance Abuse | 2 | | Prevention, Second Language Planning, Staff
Development, | 3 | | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | 4 | | Continued
Reading Improvement, Truants'
Optional Education, | 5 | | Hispanic Programs, Agriculture Education,
Parental Education, | 6 | | Prevention Initiative, Report Cards, and Criminal
Background | 7 | | Investigations. Notwithstanding any other provision of law, | 8 | | all
amounts paid under the general education block grant from | 9 | | State appropriations
to a school district in a city having a | 10 | | population exceeding 500,000
inhabitants shall be appropriated | 11 | | and expended by the board of that district
for any of the | 12 | | programs included in the block grant or any of the board's
| 13 | | lawful purposes.
| 14 | | (c) The educational services block grant shall include the | 15 | | following
programs: Regular and Vocational Transportation, | 16 | | State Lunch and
Free Breakfast Program, Special Education | 17 | | (Personnel,
Transportation, Orphanage, Private Tuition), | 18 | | funding
for children requiring special education services, | 19 | | Summer School,
Educational Service Centers, and | 20 | | Administrator's Academy. This subsection (c)
does not relieve | 21 | | the district of its obligation to provide the services
required | 22 | | under a program that is included within the educational | 23 | | services block
grant. It is the intention of the General | 24 | | Assembly in enacting the provisions
of this subsection (c) to | 25 | | relieve the district of the administrative burdens
that impede | 26 | | efficiency and accompany single-program funding. The General
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| 1 | | Assembly encourages the board to pursue mandate waivers | 2 | | pursuant to Section
2-3.25g. | 3 | | The funding program included in the educational services | 4 | | block grant
for funding for children requiring special | 5 | | education services in each fiscal
year shall be treated in that | 6 | | fiscal year as a payment to the school district
in respect of | 7 | | services provided or costs incurred in the prior fiscal year,
| 8 | | calculated in each case as provided in this Section. Nothing in | 9 | | this Section
shall change the nature of payments for any | 10 | | program that, apart from this
Section, would be or, prior to | 11 | | adoption or amendment of this Section, was on
the basis of a | 12 | | payment in a fiscal year in respect of services provided or
| 13 | | costs incurred in the prior fiscal year, calculated in each | 14 | | case as provided
in this Section.
| 15 | | (d) For fiscal year 1996 and each fiscal year thereafter, | 16 | | the amount
of the district's block grants shall be determined | 17 | | as follows:
(i) with respect to each program that is included | 18 | | within each block grant, the
district shall receive an amount | 19 | | equal to the same percentage of the current
fiscal year | 20 | | appropriation made for that program as the percentage of the
| 21 | | appropriation received by the district from the 1995 fiscal | 22 | | year appropriation
made for that program, and
(ii) the total | 23 | | amount that is due the district under the block grant shall be
| 24 | | the aggregate of the amounts that the district is entitled to | 25 | | receive for the
fiscal year with respect to each program that | 26 | | is included within the block
grant that the State Board of |
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| 1 | | Education shall award the district under this
Section for that | 2 | | fiscal year. In the case of the Summer Bridges program,
the | 3 | | amount of the district's block grant shall be equal to 44% of | 4 | | the amount
of the current fiscal year appropriation made for | 5 | | that program.
| 6 | | (e) The district is not required to file any application or | 7 | | other claim in
order to receive the block grants to which it is | 8 | | entitled under this Section.
The State Board of Education shall | 9 | | make payments to the district of amounts due
under the | 10 | | district's block grants on a schedule determined by the State | 11 | | Board
of Education.
| 12 | | (f) A school district to which this Section applies shall | 13 | | report to the
State Board of Education on its use of the block | 14 | | grants in such form and detail
as the State Board of Education | 15 | | may specify. In addition, the report must include the following | 16 | | description for the district, which must also be reported to | 17 | | the General Assembly: block grant allocation and expenditures | 18 | | by program; population and service levels by program; and | 19 | | administrative expenditures by program. The State Board of | 20 | | Education shall ensure that the reporting requirements for the | 21 | | district are the same as for all other school districts in this | 22 | | State.
| 23 | | (g) This paragraph provides for the treatment of block | 24 | | grants under Article
1C for purposes of calculating the amount | 25 | | of block grants for a district under
this Section. Those block | 26 | | grants under Article 1C are, for this
purpose, treated as |
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| 1 | | included in the amount of appropriation for the various
| 2 | | programs set forth in paragraph (b) above. The appropriation in | 3 | | each current
fiscal year for each block grant under Article 1C | 4 | | shall be treated for these
purposes as appropriations for the | 5 | | individual program included in that block
grant. The proportion | 6 | | of each block grant so allocated to each such program
included | 7 | | in it shall be the proportion which the appropriation for that | 8 | | program
was of all appropriations for such purposes now in that | 9 | | block grant, in fiscal
1995.
| 10 | | Payments to the school district under this Section with | 11 | | respect to each
program for which payments to school districts | 12 | | generally, as of the date of
this
amendatory Act of the 92nd | 13 | | General Assembly, are on a reimbursement basis
shall continue | 14 | | to be made to the district on a reimbursement basis, pursuant
| 15 | | to the provisions of this Code governing those programs.
| 16 | | (h) Notwithstanding any other provision of law, any school | 17 | | district
receiving a block grant under this Section may | 18 | | classify all or a portion of
the funds that it receives in a | 19 | | particular fiscal year from any block grant
authorized under | 20 | | this Code or from general State aid pursuant to Section
18-8.05 | 21 | | of this Code (other than supplemental general State aid) as
| 22 | | funds received in connection with any funding program for which | 23 | | it is
entitled to receive funds from the State in that fiscal | 24 | | year (including,
without limitation, any funding program | 25 | | referred to in subsection (c) of
this Section), regardless of | 26 | | the source or timing of the receipt. The
district may not |
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| 1 | | classify more funds as funds received in connection
with the | 2 | | funding program than the district is entitled to receive in | 3 | | that
fiscal year for that program. Any classification by a | 4 | | district must be made by
a resolution
of its board of | 5 | | education. The resolution must identify the amount of any
block | 6 | | grant or general State aid to be classified under this | 7 | | subsection (h)
and must specify the funding program to which | 8 | | the funds are to be
treated as received in connection | 9 | | therewith. This resolution is
controlling as to the | 10 | | classification of funds referenced therein. A certified
copy of | 11 | | the resolution must be sent to the State Superintendent of
| 12 | | Education.
The resolution shall still take effect even though a | 13 | | copy of the resolution
has not been sent to the State
| 14 | | Superintendent of Education in a timely manner.
No | 15 | | classification under this subsection (h) by a district shall
| 16 | | affect the total amount or timing of money the district is | 17 | | entitled to receive
under this Code.
No classification under | 18 | | this subsection (h) by a district
shall in any way relieve the | 19 | | district from or affect any
requirements that otherwise would | 20 | | apply with respect to the
block grant as provided in this | 21 | | Section, including any
accounting of funds by source, reporting | 22 | | expenditures by
original source and purpose,
reporting | 23 | | requirements, or requirements of provision of
services.
| 24 | | (Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11; | 25 | | 97-813, eff. 7-13-12.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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