Full Text of HB2082 102nd General Assembly
HB2082 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2082 Introduced 2/17/2021, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Makes a technical change in a Section concerning block grants for Chicago.
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| | 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 Section | 5 | | 1D-1 as follows:
| 6 | | (105 ILCS 5/1D-1)
| 7 | | (Text of Section from P.A. 100-55)
| 8 | | Sec. 1D-1. Block grant funding.
| 9 | | (a) For For fiscal year 1996 and each fiscal year | 10 | | thereafter, the State Board
of Education shall award to a | 11 | | school district having a population exceeding
500,000 | 12 | | inhabitants a general education block grant and an educational | 13 | | services
block grant, determined as provided in this Section, | 14 | | in lieu of distributing to
the district separate State funding | 15 | | for the programs described in subsections
(b) and (c). The | 16 | | provisions of this Section, however, do not apply to any
| 17 | | federal funds that the district is entitled to receive. In | 18 | | accordance with
Section 2-3.32, all block grants are subject | 19 | | to an audit. Therefore, block
grant receipts and block grant | 20 | | expenditures shall be recorded to the
appropriate fund code | 21 | | for the designated block grant.
| 22 | | (b) The general education block grant shall include the | 23 | | following
programs: REI Initiative, Summer Bridges, Preschool |
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| 1 | | Education, K-6
Comprehensive Arts, School Improvement Support, | 2 | | Urban Education, Scientific
Literacy, Substance Abuse | 3 | | Prevention, Second Language Planning, Staff
Development, | 4 | | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | 5 | | Continued
Reading Improvement, Truants'
Optional Education, | 6 | | Hispanic Programs, Agriculture Education,
Parental Training, | 7 | | Prevention Initiative, Report Cards, and Criminal
Background | 8 | | Investigations. Notwithstanding any other provision of law, | 9 | | all
amounts paid under the general education block grant from | 10 | | State appropriations
to a school district in a city having a | 11 | | population exceeding 500,000
inhabitants shall be appropriated | 12 | | and expended by the board of that district
for any of the | 13 | | programs included in the block grant or any of the board's
| 14 | | lawful purposes. Beginning in Fiscal Year 2018, at least 25% | 15 | | of any additional Preschool Education, Parental Training, and | 16 | | Prevention Initiative program funding over and above the | 17 | | previous fiscal year's allocation shall be used to fund | 18 | | programs for children ages 0-3. Beginning in Fiscal Year 2018, | 19 | | funding for Preschool Education, Parental Training, and | 20 | | Prevention Initiative programs above the allocation for these | 21 | | programs in Fiscal Year 2017 must be used solely as a | 22 | | supplement for these programs and may not supplant funds | 23 | | received from other sources.
| 24 | | (c) The educational services block grant shall include the | 25 | | following
programs: Regular and Vocational Transportation, | 26 | | State Lunch and
Free Breakfast Program, Special Education |
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| 1 | | (Personnel,
Transportation, Orphanage, Private Tuition), | 2 | | funding
for children requiring special education services, | 3 | | Summer School,
Educational Service Centers, and | 4 | | Administrator's Academy. This subsection (c)
does not relieve | 5 | | the district of its obligation to provide the services
| 6 | | required under a program that is included within the | 7 | | educational services block
grant. It is the intention of the | 8 | | General Assembly in enacting the provisions
of this subsection | 9 | | (c) to relieve the district of the administrative burdens
that | 10 | | impede efficiency and accompany single-program funding. The | 11 | | General
Assembly encourages the board to pursue mandate | 12 | | waivers pursuant to Section
2-3.25g. | 13 | | The funding program included in the educational services | 14 | | block grant
for funding for children requiring special | 15 | | education services in each fiscal
year shall be treated in | 16 | | that fiscal year as a payment to the school district
in respect | 17 | | of services provided or costs incurred in the prior fiscal | 18 | | year,
calculated in each case as provided in this Section. | 19 | | Nothing in this Section
shall change the nature of payments | 20 | | for any program that, apart from this
Section, would be or, | 21 | | prior to adoption or amendment of this Section, was on
the | 22 | | basis of a payment in a fiscal year in respect of services | 23 | | provided or
costs incurred in the prior fiscal year, | 24 | | calculated in each case as provided
in this Section.
| 25 | | (d) For fiscal year 1996 and each fiscal year thereafter, | 26 | | the amount
of the district's block grants shall be determined |
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| 1 | | as follows:
(i) with respect to each program that is included | 2 | | within each block grant, the
district shall receive an amount | 3 | | equal to the same percentage of the current
fiscal year | 4 | | appropriation made for that program as the percentage of the
| 5 | | appropriation received by the district from the 1995 fiscal | 6 | | year appropriation
made for that program, and
(ii) the total | 7 | | amount that is due the district under the block grant shall be
| 8 | | the aggregate of the amounts that the district is entitled to | 9 | | receive for the
fiscal year with respect to each program that | 10 | | is included within the block
grant that the State Board of | 11 | | Education shall award the district under this
Section for that | 12 | | fiscal year. In the case of the Summer Bridges program,
the | 13 | | amount of the district's block grant shall be equal to 44% of | 14 | | the amount
of the current fiscal year appropriation made for | 15 | | that program.
| 16 | | (e) The district is not required to file any application | 17 | | or other claim in
order to receive the block grants to which it | 18 | | is entitled under this Section.
The State Board of Education | 19 | | shall make payments to the district of amounts due
under the | 20 | | district's block grants on a schedule determined by the State | 21 | | Board
of Education.
| 22 | | (f) A school district to which this Section applies shall | 23 | | report to the
State Board of Education on its use of the block | 24 | | grants in such form and detail
as the State Board of Education | 25 | | may specify. In addition, the report must include the | 26 | | following description for the district, which must also be |
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| 1 | | reported to the General Assembly: block grant allocation and | 2 | | expenditures by program; population and service levels by | 3 | | program; and administrative expenditures by program. The State | 4 | | Board of Education shall ensure that the reporting | 5 | | requirements for the district are the same as for all other | 6 | | school districts in this State.
| 7 | | (g) This paragraph provides for the treatment of block | 8 | | grants under Article
1C for purposes of calculating the amount | 9 | | of block grants for a district under
this Section. Those block | 10 | | grants under Article 1C are, for this
purpose, treated as | 11 | | included in the amount of appropriation for the various
| 12 | | programs set forth in paragraph (b) above. The appropriation | 13 | | in each current
fiscal year for each block grant under Article | 14 | | 1C shall be treated for these
purposes as appropriations for | 15 | | the individual program included in that block
grant. The | 16 | | proportion of each block grant so allocated to each such | 17 | | program
included in it shall be the proportion which the | 18 | | appropriation for that program
was of all appropriations for | 19 | | such purposes now in that block grant, in fiscal
1995.
| 20 | | Payments to the school district under this Section with | 21 | | respect to each
program for which payments to school districts | 22 | | generally, as of the date of
this
amendatory Act of the 92nd | 23 | | General Assembly, are on a reimbursement basis
shall continue | 24 | | to be made to the district on a reimbursement basis, pursuant
| 25 | | to the provisions of this Code governing those programs.
| 26 | | (h) Notwithstanding any other provision of law, any school |
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| 1 | | district
receiving a block grant under this Section may | 2 | | classify all or a portion of
the funds that it receives in a | 3 | | particular fiscal year from any block grant
authorized under | 4 | | this Code or from general State aid pursuant to Section
| 5 | | 18-8.05 of this Code (other than supplemental general State | 6 | | aid) as
funds received in connection with any funding program | 7 | | for which it is
entitled to receive funds from the State in | 8 | | that fiscal year (including,
without limitation, any funding | 9 | | program referred to in subsection (c) of
this Section), | 10 | | regardless of the source or timing of the receipt. The
| 11 | | district may not classify more funds as funds received in | 12 | | connection
with the funding program than the district is | 13 | | entitled to receive in that
fiscal year for that program. Any | 14 | | classification by a district must be made by
a resolution
of | 15 | | its board of education. The resolution must identify the | 16 | | amount of any
block grant or general State aid to be classified | 17 | | under this subsection (h)
and must specify the funding program | 18 | | to which the funds are to be
treated as received in connection | 19 | | therewith. This resolution is
controlling as to the | 20 | | classification of funds referenced therein. A certified
copy | 21 | | of the resolution must be sent to the State Superintendent of
| 22 | | Education.
The resolution shall still take effect even though | 23 | | a copy of the resolution
has not been sent to the State
| 24 | | Superintendent of Education in a timely manner.
No | 25 | | classification under this subsection (h) by a district shall
| 26 | | affect the total amount or timing of money the district is |
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| 1 | | entitled to receive
under this Code.
No classification under | 2 | | this subsection (h) by a district
shall in any way relieve the | 3 | | district from or affect any
requirements that otherwise would | 4 | | apply with respect to the
block grant as provided in this | 5 | | Section, including any
accounting of funds by source, | 6 | | reporting expenditures by
original source and purpose,
| 7 | | reporting requirements, or requirements of provision of
| 8 | | services.
| 9 | | (Source: P.A. 100-55, eff. 8-11-17 .)
| 10 | | (Text of Section from P.A. 100-465)
| 11 | | Sec. 1D-1. Block grant funding.
| 12 | | (a) For For fiscal year 1996 through fiscal year 2017, the | 13 | | State Board
of Education shall award to a school district | 14 | | having a population exceeding
500,000 inhabitants a general | 15 | | education block grant and an educational services
block grant, | 16 | | determined as provided in this Section, in lieu of | 17 | | distributing to
the district separate State funding for the | 18 | | programs described in subsections
(b) and (c). The provisions | 19 | | of this Section, however, do not apply to any
federal funds | 20 | | that the district is entitled to receive. In accordance with
| 21 | | Section 2-3.32, all block grants are subject to an audit. | 22 | | Therefore, block
grant receipts and block grant expenditures | 23 | | shall be recorded to the
appropriate fund code for the | 24 | | designated block grant.
| 25 | | (b) The general education block grant shall include the |
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| 1 | | following
programs: REI Initiative, Summer Bridges, Preschool | 2 | | At Risk, K-6
Comprehensive Arts, School Improvement Support, | 3 | | Urban Education, Scientific
Literacy, Substance Abuse | 4 | | Prevention, Second Language Planning, Staff
Development, | 5 | | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | 6 | | Continued
Reading Improvement, Truants'
Optional Education, | 7 | | Hispanic Programs, Agriculture Education,
Parental Education, | 8 | | Prevention Initiative, Report Cards, and Criminal
Background | 9 | | Investigations. Notwithstanding any other provision of law, | 10 | | all
amounts paid under the general education block grant from | 11 | | State appropriations
to a school district in a city having a | 12 | | population exceeding 500,000
inhabitants shall be appropriated | 13 | | and expended by the board of that district
for any of the | 14 | | programs included in the block grant or any of the board's
| 15 | | lawful purposes.
| 16 | | (c) The educational services block grant shall include the | 17 | | following
programs: Regular and Vocational Transportation, | 18 | | State Lunch and
Free Breakfast Program, Special Education | 19 | | (Personnel,
Transportation, Orphanage, Private Tuition), | 20 | | funding
for children requiring special education services, | 21 | | Summer School,
Educational Service Centers, and | 22 | | Administrator's Academy. This subsection (c)
does not relieve | 23 | | the district of its obligation to provide the services
| 24 | | required under a program that is included within the | 25 | | educational services block
grant. It is the intention of the | 26 | | General Assembly in enacting the provisions
of this subsection |
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| 1 | | (c) to relieve the district of the administrative burdens
that | 2 | | impede efficiency and accompany single-program funding. The | 3 | | General
Assembly encourages the board to pursue mandate | 4 | | waivers pursuant to Section
2-3.25g. | 5 | | The funding program included in the educational services | 6 | | block grant
for funding for children requiring special | 7 | | education services in each fiscal
year shall be treated in | 8 | | that fiscal year as a payment to the school district
in respect | 9 | | of services provided or costs incurred in the prior fiscal | 10 | | year,
calculated in each case as provided in this Section. | 11 | | Nothing in this Section
shall change the nature of payments | 12 | | for any program that, apart from this
Section, would be or, | 13 | | prior to adoption or amendment of this Section, was on
the | 14 | | basis of a payment in a fiscal year in respect of services | 15 | | provided or
costs incurred in the prior fiscal year, | 16 | | calculated in each case as provided
in this Section.
| 17 | | (d) For fiscal year 1996 through fiscal year 2017, the | 18 | | amount
of the district's block grants shall be determined as | 19 | | follows:
(i) with respect to each program that is included | 20 | | within each block grant, the
district shall receive an amount | 21 | | equal to the same percentage of the current
fiscal year | 22 | | appropriation made for that program as the percentage of the
| 23 | | appropriation received by the district from the 1995 fiscal | 24 | | year appropriation
made for that program, and
(ii) the total | 25 | | amount that is due the district under the block grant shall be
| 26 | | the aggregate of the amounts that the district is entitled to |
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| 1 | | receive for the
fiscal year with respect to each program that | 2 | | is included within the block
grant that the State Board of | 3 | | Education shall award the district under this
Section for that | 4 | | fiscal year. In the case of the Summer Bridges program,
the | 5 | | amount of the district's block grant shall be equal to 44% of | 6 | | the amount
of the current fiscal year appropriation made for | 7 | | that program.
| 8 | | (e) The district is not required to file any application | 9 | | or other claim in
order to receive the block grants to which it | 10 | | is entitled under this Section.
The State Board of Education | 11 | | shall make payments to the district of amounts due
under the | 12 | | district's block grants on a schedule determined by the State | 13 | | Board
of Education.
| 14 | | (f) A school district to which this Section applies shall | 15 | | report to the
State Board of Education on its use of the block | 16 | | grants in such form and detail
as the State Board of Education | 17 | | may specify. In addition, the report must include the | 18 | | following description for the district, which must also be | 19 | | reported to the General Assembly: block grant allocation and | 20 | | expenditures by program; population and service levels by | 21 | | program; and administrative expenditures by program. The State | 22 | | Board of Education shall ensure that the reporting | 23 | | requirements for the district are the same as for all other | 24 | | school districts in this State.
| 25 | | (g) Through fiscal year 2017, this paragraph provides for | 26 | | the treatment of block grants under Article
1C for purposes of |
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| 1 | | calculating the amount of block grants for a district under
| 2 | | this Section. Those block grants under Article 1C are, for | 3 | | this
purpose, treated as included in the amount of | 4 | | appropriation for the various
programs set forth in paragraph | 5 | | (b) above. The appropriation in each current
fiscal year for | 6 | | each block grant under Article 1C shall be treated for these
| 7 | | purposes as appropriations for the individual program included | 8 | | in that block
grant. The proportion of each block grant so | 9 | | allocated to each such program
included in it shall be the | 10 | | proportion which the appropriation for that program
was of all | 11 | | appropriations for such purposes now in that block grant, in | 12 | | fiscal
1995.
| 13 | | Payments to the school district under this Section with | 14 | | respect to each
program for which payments to school districts | 15 | | generally, as of the date of
this
amendatory Act of the 92nd | 16 | | General Assembly, are on a reimbursement basis
shall continue | 17 | | to be made to the district on a reimbursement basis, pursuant
| 18 | | to the provisions of this Code governing those programs.
| 19 | | (h) Notwithstanding any other provision of law, any school | 20 | | district
receiving a block grant under this Section may | 21 | | classify all or a portion of
the funds that it receives in a | 22 | | particular fiscal year from any block grant
authorized under | 23 | | this Code or from general State aid pursuant to Section
| 24 | | 18-8.05 of this Code (other than supplemental general State | 25 | | aid) as
funds received in connection with any funding program | 26 | | for which it is
entitled to receive funds from the State in |
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| 1 | | that fiscal year (including,
without limitation, any funding | 2 | | program referred to in subsection (c) of
this Section), | 3 | | regardless of the source or timing of the receipt. The
| 4 | | district may not classify more funds as funds received in | 5 | | connection
with the funding program than the district is | 6 | | entitled to receive in that
fiscal year for that program. Any | 7 | | classification by a district must be made by
a resolution
of | 8 | | its board of education. The resolution must identify the | 9 | | amount of any
block grant or general State aid to be classified | 10 | | under this subsection (h)
and must specify the funding program | 11 | | to which the funds are to be
treated as received in connection | 12 | | therewith. This resolution is
controlling as to the | 13 | | classification of funds referenced therein. A certified
copy | 14 | | of the resolution must be sent to the State Superintendent of
| 15 | | Education.
The resolution shall still take effect even though | 16 | | a copy of the resolution
has not been sent to the State
| 17 | | Superintendent of Education in a timely manner.
No | 18 | | classification under this subsection (h) by a district shall
| 19 | | affect the total amount or timing of money the district is | 20 | | entitled to receive
under this Code.
No classification under | 21 | | this subsection (h) by a district
shall in any way relieve the | 22 | | district from or affect any
requirements that otherwise would | 23 | | apply with respect to the
block grant as provided in this | 24 | | Section, including any
accounting of funds by source, | 25 | | reporting expenditures by
original source and purpose,
| 26 | | reporting requirements, or requirements of provision of
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| 1 | | services.
| 2 | | (Source: P.A. 100-465, eff. 8-31-17 .)
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