Full Text of HB4225 93rd General Assembly
HB4225enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing
Sections | 5 |
| 1D-1, 14-7.02, 14-8.01, 14-13.01, 18-4.3, and 29-5 and adding | 6 |
| Section 14-7.02b as
follows:
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| (105 ILCS 5/1D-1)
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| Sec. 1D-1. Block grant funding.
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| (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.
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| (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, | 25 |
| Urban Education, Scientific
Literacy, Substance Abuse | 26 |
| Prevention, Second Language Planning, Staff
Development, | 27 |
| Outcomes and Assessment, K-6 Reading Improvement, 7-12 | 28 |
| Continued
Reading Improvement, Truants'
Optional Education, | 29 |
| Hispanic Programs, Agriculture Education,
Parental Education, | 30 |
| Prevention Initiative, Report Cards, and Criminal
Background | 31 |
| Investigations. Notwithstanding any other provision of law, | 32 |
| all
amounts paid under the general education block grant from |
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| State appropriations
to a school district in a city having a | 2 |
| population exceeding 500,000
inhabitants shall be appropriated | 3 |
| and expended by the board of that district
for any of the | 4 |
| programs included in the block grant or any of the board's
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| lawful purposes.
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| (c) The educational services block grant shall include the | 7 |
| following
programs: Bilingual, Regular and Vocational | 8 |
| Transportation, State Lunch and
Free Breakfast Program, | 9 |
| Special Education (Personnel,
Extraordinary, Transportation, | 10 |
| Orphanage, Private Tuition), funding
for children requiring | 11 |
| special education services, Summer School,
Educational Service | 12 |
| Centers, and Administrator's Academy. This subsection (c)
does | 13 |
| not relieve the district of its obligation to provide the | 14 |
| services
required under a program that is included within the | 15 |
| educational services block
grant. It is the intention of the | 16 |
| General Assembly in enacting the provisions
of this subsection | 17 |
| (c) to relieve the district of the administrative burdens
that | 18 |
| impede efficiency and accompany single-program funding. The | 19 |
| General
Assembly encourages the board to pursue mandate waivers | 20 |
| pursuant to Section
2-3.25g. | 21 |
| The funding program included in the educational services | 22 |
| block grant
for funding for children requiring special | 23 |
| education services in each fiscal
year shall be treated in that | 24 |
| fiscal year as a payment to the school district
in respect of | 25 |
| services provided or costs incurred in the prior fiscal year,
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| calculated in each case as provided in this Section. Nothing in | 27 |
| this Section
shall change the nature of payments for any | 28 |
| program that, apart from this
Section, would be or, prior to | 29 |
| adoption or amendment of this Section, was on
the basis of a | 30 |
| payment in a fiscal year in respect of services provided or
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| costs incurred in the prior fiscal year, calculated in each | 32 |
| case as provided
in this Section.
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| (d) For fiscal year 1996 and each fiscal year thereafter, | 34 |
| the amount
of the district's block grants shall be determined | 35 |
| as follows:
(i) with respect to each program that is included | 36 |
| within each block grant, the
district shall receive an amount |
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| equal to the same percentage of the current
fiscal year | 2 |
| appropriation made for that program as the percentage of the
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| appropriation received by the district from the 1995 fiscal | 4 |
| year appropriation
made for that program, and
(ii) the total | 5 |
| amount that is due the district under the block grant shall be
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| the aggregate of the amounts that the district is entitled to | 7 |
| receive for the
fiscal year with respect to each program that | 8 |
| is included within the block
grant that the State Board of | 9 |
| Education shall award the district under this
Section for that | 10 |
| fiscal year. In the case of the Summer Bridges program,
the | 11 |
| amount of the district's block grant shall be equal to 44% of | 12 |
| the amount
of the current fiscal year appropriation made for | 13 |
| that program.
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| (e) The district is not required to file any application or | 15 |
| other claim in
order to receive the block grants to which it is | 16 |
| entitled under this Section.
The State Board of Education shall | 17 |
| make payments to the district of amounts due
under the | 18 |
| district's block grants on a schedule determined by the State | 19 |
| Board
of Education.
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| (f) A school district to which this Section applies shall | 21 |
| report to the
State Board of Education on its use of the block | 22 |
| grants in such form and detail
as the State Board of Education | 23 |
| may specify.
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| (g) This paragraph provides for the treatment of block | 25 |
| grants under Article
1C for purposes of calculating the amount | 26 |
| of block grants for a district under
this Section. Those block | 27 |
| grants under Article 1C are, for this
purpose, treated as | 28 |
| included in the amount of appropriation for the various
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| programs set forth in paragraph (b) above. The appropriation in | 30 |
| each current
fiscal year for each block grant under Article 1C | 31 |
| shall be treated for these
purposes as appropriations for the | 32 |
| individual program included in that block
grant. The proportion | 33 |
| of each block grant so allocated to each such program
included | 34 |
| in it shall be the proportion which the appropriation for that | 35 |
| program
was of all appropriations for such purposes now in that | 36 |
| block grant, in fiscal
1995.
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| 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
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| to the provisions of this Code governing those programs.
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| (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
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| 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 | 27 |
| classification of funds referenced therein. A certified
copy of | 28 |
| the resolution must be sent to the State Superintendent of
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| Education.
The resolution shall still take effect even though a | 30 |
| copy of the resolution
has not been sent to the State
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| Superintendent of Education in a timely manner.
No | 32 |
| classification under this subsection (h) by a district shall
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| affect the total amount or timing of money the district is | 34 |
| entitled to receive
under this Code.
No classification under | 35 |
| this subsection (h) by a district
shall in any way relieve the | 36 |
| district from or affect any
requirements that otherwise would |
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| apply with respect to the
block grant as provided in this | 2 |
| Section, including any
accounting of funds by source, reporting | 3 |
| expenditures by
original source and purpose,
reporting | 4 |
| requirements, or requirements of provision of
services.
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| (Source: P.A. 92-568, eff. 6-26-02; 92-651, eff.
7-11-02; | 6 |
| 93-21, eff. 7-1-03; 93-53, eff. 7-1-03; revised 9-11-03.)
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| (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
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| Sec. 14-7.02. Children attending private schools, public
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| out-of-state schools, public school residential facilities or | 10 |
| private
special education facilities. The General Assembly | 11 |
| recognizes that non-public
schools or special education | 12 |
| facilities provide an important service in the
educational | 13 |
| system in Illinois.
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| If because of his or her disability the special education
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| program of a district is unable to meet the needs of a child | 16 |
| and the
child attends a non-public school or special education | 17 |
| facility, a
public out-of-state school or a special education | 18 |
| facility owned and
operated by a county government unit that | 19 |
| provides special educational
services required by the child and | 20 |
| is in compliance with the appropriate
rules and regulations of | 21 |
| the State Superintendent of Education, the
school district in | 22 |
| which the child is a resident shall pay the actual
cost of | 23 |
| tuition for special education and related services provided
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| during the regular school term and during the summer school | 25 |
| term if the
child's educational needs so require, excluding | 26 |
| room, board and
transportation costs charged the child by that | 27 |
| non-public school or
special education facility, public | 28 |
| out-of-state school or county special
education facility, or | 29 |
| $4,500 per year, whichever is less, and shall
provide him any | 30 |
| necessary transportation. "Nonpublic special
education | 31 |
| facility" shall include a residential facility,
within or | 32 |
| without the State of Illinois, which provides
special education | 33 |
| and related services to meet the needs of the child by
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| utilizing private schools or public schools, whether located on | 35 |
| the site
or off the site of the residential facility.
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| The State Board of Education shall promulgate rules and | 2 |
| regulations
for determining when placement in a private special | 3 |
| education facility
is appropriate. Such rules and regulations | 4 |
| shall take into account
the various types of services needed by | 5 |
| a child and the availability
of such services to the particular | 6 |
| child in the public school.
In developing these rules and | 7 |
| regulations the State Board of
Education shall consult with the | 8 |
| Advisory Council on
Education of Children with Disabilities and | 9 |
| hold public
hearings to secure recommendations from parents, | 10 |
| school personnel,
and others concerned about this matter.
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| The State Board of Education shall also promulgate rules | 12 |
| and
regulations for transportation to and from a residential | 13 |
| school.
Transportation to and from home to a residential school | 14 |
| more than once
each school term shall be subject to prior | 15 |
| approval by the State
Superintendent in accordance with the | 16 |
| rules and regulations of the State
Board.
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| A school district making tuition payments pursuant to this
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| Section is eligible for reimbursement from the State for the | 19 |
| amount of
such payments actually made in excess of the district | 20 |
| per capita tuition
charge for students not receiving special | 21 |
| education services.
Such reimbursement shall be approved in | 22 |
| accordance with Section 14-12.01
and each district shall file | 23 |
| its claims, computed in accordance with rules
prescribed by the | 24 |
| State Board of Education, on forms prescribed by the
State | 25 |
| Superintendent of Education. Data used as a basis of | 26 |
| reimbursement
claims shall be for the preceding regular school | 27 |
| term and summer school
term. Each school district shall | 28 |
| transmit its claims to the State Board of Education
on or | 29 |
| before
August 15. The State Board of Education, before | 30 |
| approving any such claims,
shall determine their accuracy and | 31 |
| whether they are based upon services
and facilities provided | 32 |
| under approved programs. Upon approval the State
Board shall | 33 |
| cause vouchers to be prepared showing the amount due
for | 34 |
| payment of reimbursement claims to school
districts, for | 35 |
| transmittal to the State Comptroller on
the 30th day of | 36 |
| September, December, and March, respectively, and the final
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| voucher, no later than June 20. If the
money appropriated by | 2 |
| the General Assembly for such purpose for any year
is | 3 |
| insufficient, it shall be apportioned on the basis of the | 4 |
| claims approved.
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| No child shall be placed in a special education program | 6 |
| pursuant to
this Section if the tuition cost for special | 7 |
| education and related
services increases more than 10 percent | 8 |
| over the tuition cost for the
previous school year or exceeds | 9 |
| $4,500 per year unless such costs have
been approved by the | 10 |
| Illinois Purchased Care Review Board. The
Illinois Purchased | 11 |
| Care Review Board shall consist of the following
persons, or | 12 |
| their designees: the Directors of Children and Family
Services, | 13 |
| Public Health,
Public Aid, and the
Governor's Office of | 14 |
| Management and Budget
Bureau of the Budget ; the
Secretary of | 15 |
| Human Services; the State Superintendent of Education; and such
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| other persons as the
Governor may designate. The Review Board | 17 |
| shall establish rules and
regulations for its determination of | 18 |
| allowable costs and payments made by
local school districts for | 19 |
| special education, room and board, and other related
services | 20 |
| provided by non-public schools or special education facilities | 21 |
| and
shall establish uniform standards and criteria which it | 22 |
| shall follow.
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| The Review Board shall establish uniform definitions and | 24 |
| criteria for
accounting separately by special education, room | 25 |
| and board and other
related services costs. The Board shall | 26 |
| also establish guidelines for
the coordination of services and | 27 |
| financial assistance provided by all
State agencies to assure | 28 |
| that no otherwise qualified disabled child
receiving services | 29 |
| under Article 14 shall be excluded from participation
in, be | 30 |
| denied the benefits of or be subjected to discrimination under
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| any program or activity provided by any State agency.
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| The Review Board shall review the costs for special | 33 |
| education and
related services provided by non-public schools | 34 |
| or special education
facilities and shall approve or disapprove | 35 |
| such facilities in accordance
with the rules and regulations | 36 |
| established by it with respect to
allowable costs.
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| The State Board of Education shall provide administrative | 2 |
| and staff support
for the Review Board as deemed reasonable by | 3 |
| the State Superintendent of
Education. This support shall not | 4 |
| include travel expenses or other
compensation for any Review | 5 |
| Board member other than the State Superintendent of
Education.
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| The Review Board shall seek the advice of the Advisory | 7 |
| Council on
Education of Children with Disabilities on the rules | 8 |
| and
regulations to be
promulgated by it relative to providing | 9 |
| special education services.
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| If a child has been placed in a program in which the actual | 11 |
| per pupil costs
of tuition for special education and related | 12 |
| services based on program
enrollment, excluding room, board and | 13 |
| transportation costs, exceed $4,500 and
such costs have been | 14 |
| approved by the Review Board, the district shall pay such
total | 15 |
| costs which exceed $4,500. A district making such tuition | 16 |
| payments in
excess of $4,500 pursuant to this Section shall be | 17 |
| responsible for an amount in
excess of $4,500 equal to the | 18 |
| district per capita
tuition charge and shall be eligible for | 19 |
| reimbursement from the State for
the amount of such payments | 20 |
| actually made in excess of the districts per capita
tuition | 21 |
| charge for students not receiving special education services.
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| If a child has been placed in an approved individual | 23 |
| program and the
tuition costs including room and board costs | 24 |
| have been approved by the
Review Board, then such room and | 25 |
| board costs shall be paid by the
appropriate State agency | 26 |
| subject to the provisions of Section 14-8.01 of
this Act. Room | 27 |
| and board costs not provided by a State agency other
than the | 28 |
| State Board of Education shall be provided by the State Board
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| of Education on a current basis. In no event, however, shall | 30 |
| the
State's liability for funding of these tuition costs begin | 31 |
| until after
the legal obligations of third party payors have | 32 |
| been subtracted from
such costs. If the money appropriated by | 33 |
| the General Assembly for such
purpose for any year is | 34 |
| insufficient, it shall be apportioned on the
basis of the | 35 |
| claims approved. Each district shall submit estimated claims to | 36 |
| the State
Superintendent of Education. Upon approval of such |
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| claims, the State
Superintendent of Education shall direct the | 2 |
| State Comptroller to make payments
on a monthly basis. The | 3 |
| frequency for submitting estimated
claims and the method of | 4 |
| determining payment shall be prescribed in rules
and | 5 |
| regulations adopted by the State Board of Education. Such | 6 |
| current state
reimbursement shall be reduced by an amount equal | 7 |
| to the proceeds which
the child or child's parents are eligible | 8 |
| to receive under any public or
private insurance or assistance | 9 |
| program. Nothing in this Section shall
be construed as | 10 |
| relieving an insurer or similar third party from an
otherwise | 11 |
| valid obligation to provide or to pay for services provided to
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| a disabled child.
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| If it otherwise qualifies, a school district is eligible | 14 |
| for the
transportation reimbursement under Section 14-13.01 | 15 |
| and for the
reimbursement of tuition payments under this | 16 |
| Section whether the
non-public school or special education | 17 |
| facility, public out-of-state
school or county special | 18 |
| education facility, attended by a child who
resides in that | 19 |
| district and requires special educational services, is
within | 20 |
| or outside of the State of Illinois. However, a district is not
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| eligible to claim transportation reimbursement under this | 22 |
| Section unless
the district certifies to the State | 23 |
| Superintendent of Education that the
district is unable to | 24 |
| provide special educational services required by
the child for | 25 |
| the current school year.
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| Nothing in this Section authorizes the reimbursement of a | 27 |
| school
district for the amount paid for tuition of a child | 28 |
| attending a
non-public school or special education facility, | 29 |
| public out-of-state
school or county special education | 30 |
| facility unless the school district
certifies to the State | 31 |
| Superintendent of Education that the special
education program | 32 |
| of that district is unable to meet the needs of that child
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| because of his disability and the State Superintendent of | 34 |
| Education finds
that the school district is in substantial | 35 |
| compliance with Section 14-4.01.
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| Any educational or related services provided, pursuant to |
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| this
Section in a non-public school or special education | 2 |
| facility or a
special education facility owned and operated by | 3 |
| a county government
unit shall be at no cost to the parent or | 4 |
| guardian of the child.
However, current law and practices | 5 |
| relative to contributions by parents
or guardians for costs | 6 |
| other than educational or related services are
not affected by | 7 |
| this amendatory Act of 1978.
| 8 |
| Reimbursement for children attending public school | 9 |
| residential facilities
shall be made in accordance with the | 10 |
| provisions of this Section.
| 11 |
| Notwithstanding any other provision of law, any school | 12 |
| district
receiving a payment under this Section or under | 13 |
| Section 14-7.02b
14-7.02a , 14-13.01, or
29-5 of this Code may | 14 |
| classify all or a portion of the funds that
it receives in a | 15 |
| particular fiscal year or from general State aid pursuant
to | 16 |
| Section 18-8.05 of this Code
as funds received in connection | 17 |
| with any funding program for which
it is entitled to receive | 18 |
| funds from the State in that fiscal year (including,
without | 19 |
| limitation, any funding program referenced in this Section),
| 20 |
| regardless of the source or timing of the receipt. The district | 21 |
| may not
classify more funds as funds received in connection | 22 |
| with the funding
program than the district is entitled to | 23 |
| receive in that fiscal year for that
program. Any
| 24 |
| classification by a district must be made by a resolution of | 25 |
| its board of
education. The resolution must identify the amount | 26 |
| of any payments or
general State aid to be classified under | 27 |
| this paragraph and must specify
the funding program to which | 28 |
| the funds are to be treated as received in
connection | 29 |
| therewith. This resolution is controlling as to the
| 30 |
| classification of funds referenced therein. A certified copy of | 31 |
| the
resolution must be sent to the State Superintendent of | 32 |
| Education.
The resolution shall still take effect even though a | 33 |
| copy of the resolution has
not been sent to the State
| 34 |
| Superintendent of Education in a timely manner.
No
| 35 |
| classification under this paragraph by a district shall affect | 36 |
| the total amount
or timing of money the district is entitled to |
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| receive under this Code.
No classification under this paragraph | 2 |
| by a district shall
in any way relieve the district from or | 3 |
| affect any
requirements that otherwise would apply with respect | 4 |
| to
that funding program, including any
accounting of funds by | 5 |
| source, reporting expenditures by
original source and purpose,
| 6 |
| reporting requirements,
or requirements of providing services.
| 7 |
| (Source: P.A. 91-764, eff. 6-9-00; 92-568, eff. 6-26-02; | 8 |
| revised 8-23-03.)
| 9 |
| (105 ILCS 5/14-7.02b new)
| 10 |
| Sec. 14-7.02b. Funding for children requiring special | 11 |
| education services.
Payments to school districts for children | 12 |
| requiring
special education services documented in their | 13 |
| individualized education
program regardless of the program | 14 |
| from which these services are received,
excluding children | 15 |
| claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
| 16 |
| be made in accordance with this Section. Funds received under | 17 |
| this Section
may be used only for the provision of special | 18 |
| educational facilities and
services as defined in Section | 19 |
| 14-1.08 of this Code.
| 20 |
| The appropriation for fiscal year 2005 and thereafter shall | 21 |
| be based upon
the IDEA child count of all students in the | 22 |
| State, excluding students
claimed under Sections 14-7.02 and | 23 |
| 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
| 24 |
| preceding, multiplied by 17.5% of the general State aid
| 25 |
| foundation level of support established for that fiscal year | 26 |
| under Section
18-8.05 of
this Code.
| 27 |
| Beginning with fiscal year 2005 and through fiscal year | 28 |
| 2007, individual school districts
shall not receive payments | 29 |
| under this Section totaling less than they received
under the
| 30 |
| funding authorized under Section 14-7.02a of this Code
during | 31 |
| fiscal year 2004, pursuant to the provisions of Section | 32 |
| 14-7.02a as they
were in effect before the effective date of | 33 |
| this amendatory Act of the 93rd
General Assembly. This base | 34 |
| level funding shall be computed first.
| 35 |
| An amount equal to 85% of the funds remaining in the |
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| appropriation, after subtracting any base level funding for | 2 |
| that fiscal year, shall be allocated to school districts based | 3 |
| upon the
district's average daily attendance reported for | 4 |
| purposes of Section
18-8.05 of this Code for the preceding | 5 |
| school year. Fifteen percent of the
funds
remaining in the | 6 |
| appropriation, after subtracting any base level funding for | 7 |
| that fiscal year,
shall be allocated to school districts based | 8 |
| upon the district's low income
eligible pupil count used in the | 9 |
| calculation of general State aid under Section
18-8.05 of this | 10 |
| Code for the same fiscal year. One hundred percent of the
funds
| 11 |
| computed and allocated to districts under this Section shall be | 12 |
| distributed and
paid to school districts.
| 13 |
| For individual
students with disabilities whose program | 14 |
| costs exceed 4 times the
district's per capita tuition rate
as | 15 |
| calculated under Section 10-20.12a of this Code, the costs in | 16 |
| excess
of 4 times the district's per capita tuition rate shall | 17 |
| be paid by the State
Board of Education from unexpended IDEA | 18 |
| discretionary funds originally
designated for room and board | 19 |
| reimbursement pursuant to Section
14-8.01 of this Code. The | 20 |
| amount of tuition for these children shall be
determined by the | 21 |
| actual cost of maintaining classes for these children,
using | 22 |
| the per
capita cost formula set forth in Section 14-7.01 of | 23 |
| this Code, with the
program and cost being pre-approved by the | 24 |
| State Superintendent of
Education. Reimbursement for | 25 |
| individual students with disabilities whose program costs | 26 |
| exceed 4 times the district's per capita tuition rate shall be | 27 |
| claimed beginning with costs encumbered for the 2004-2005 | 28 |
| school year and thereafter.
| 29 |
| The State Board of Education shall prepare vouchers equal | 30 |
| to one-fourth the
amount allocated to districts, for | 31 |
| transmittal
to the State Comptroller on the 30th day of | 32 |
| September, December, and March,
respectively, and the final | 33 |
| voucher, no later than June 20. The Comptroller
shall make | 34 |
| payments pursuant to this Section to school districts as soon | 35 |
| as possible after receipt of vouchers. If the money
| 36 |
| appropriated from the General Assembly for such purposes for |
|
|
|
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| 1 |
| any year is
insufficient, it shall be apportioned on the basis | 2 |
| of the payments due to
school districts.
| 3 |
| Nothing in this Section shall be construed to decrease or | 4 |
| increase the
percentage of all special education funds that are | 5 |
| allocated annually
under Article 1D of this Code
or to alter | 6 |
| the requirement that a
school district provide special | 7 |
| education services.
| 8 |
| Nothing in this amendatory Act of the 93rd General Assembly | 9 |
| shall
eliminate any reimbursement obligation owed as of the | 10 |
| effective date of this
amendatory Act of the 93rd General | 11 |
| Assembly to a school district with in excess
of 500,000 | 12 |
| inhabitants.
| 13 |
| (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
| 14 |
| Sec. 14-8.01. Supervision of special education buildings | 15 |
| and
facilities. All special educational facilities, building | 16 |
| programs,
housing, and all educational programs for the types | 17 |
| of disabled children
defined in Section 14-1.02 shall be under | 18 |
| the
supervision of and
subject to the approval of the State | 19 |
| Board of Education.
| 20 |
| All special education facilities, building programs, and
| 21 |
| housing shall comply with the building code authorized by | 22 |
| Section 2-3.12.
| 23 |
| All educational programs for children
with disabilities as | 24 |
| defined in Section 14-1.02 administered by any State
agency | 25 |
| shall be under the general supervision of the State Board of
| 26 |
| Education. Such supervision shall be limited to insuring that | 27 |
| such
educational programs meet standards jointly developed and | 28 |
| agreed to by
both the State Board of Education and the | 29 |
| operating State agency,
including standards for educational | 30 |
| personnel.
| 31 |
| Any State agency providing special educational programs | 32 |
| for children with disabilities as defined in Section 14-1.02
| 33 |
| shall promulgate rules and regulations, in consultation with | 34 |
| the State
Board of Education and pursuant to the Illinois | 35 |
| Administrative Procedure
Act as now or hereafter amended, to |
|
|
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| 1 |
| insure that all such programs comply
with this Section and | 2 |
| Section 14-8.02.
| 3 |
| No otherwise qualified disabled child receiving special
| 4 |
| education
and related services under Article 14 shall solely by | 5 |
| reason of his or
her disability be excluded from the | 6 |
| participation in or be
denied the
benefits of or be subjected | 7 |
| to discrimination under any program or
activity provided by a | 8 |
| State agency.
| 9 |
| State agencies providing special education and related | 10 |
| services,
including room and board, either directly or through | 11 |
| grants or purchases
of services shall continue to provide these | 12 |
| services according to
current law and practice. Room and board | 13 |
| costs not provided by a State
agency other than the State Board | 14 |
| of Education shall be provided by the
State Board of Education | 15 |
| to the extent of available funds. An amount equal
to one-half | 16 |
| of the State
education agency's share of IDEA PART B federal | 17 |
| monies, or so
much thereof
as may actually be needed, shall | 18 |
| annually be appropriated to pay for the
additional costs of | 19 |
| providing for room and board for those children
placed pursuant | 20 |
| to Section 14-7.02 of this Code
Act and, after all such
room | 21 |
| and
board costs are paid, for similar expenditures
for children | 22 |
| served pursuant to
Section 14-7.02 or 14-7.02b
14-7.02a of this | 23 |
| Code. Any such excess
room and board funds must first be | 24 |
| directed to those school districts
with students costing in | 25 |
| excess of 4 times the district's per capita tuition
charge and | 26 |
| then to
Act, based in
community based programs that serve as | 27 |
| alternatives to residential
placements.
| 28 |
| Beginning with Fiscal Year 1997 and continuing through | 29 |
| Fiscal Year 2000,
100% of the former Chapter I, Section 89-313 | 30 |
| federal funds shall be allocated
by
the State Board of | 31 |
| Education in the same manner as IDEA, PART B "flow through"
| 32 |
| funding to local school districts, joint agreements, and | 33 |
| special education
cooperatives for the maintenance of | 34 |
| instructional and related support services
to students with | 35 |
| disabilities.
However, beginning with Fiscal Year 1998, the | 36 |
| total IDEA Part B discretionary
funds available to the State |
|
|
|
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| 1 |
| Board of Education shall not exceed the maximum
permissible | 2 |
| under federal law or 20% of the total federal funds available | 3 |
| to
the State, whichever is less. In no case shall the aggregate | 4 |
| IDEA Part B
discretionary funds received by the
State Board of | 5 |
| Education exceed the amount of IDEA Part B discretionary
funds | 6 |
| available to the State Board of Education for Fiscal Year 1997, | 7 |
| excluding
any carryover funds from prior fiscal years, | 8 |
| increased by 3% for Fiscal Year
1998 and increased by an | 9 |
| additional 3% for each fiscal year thereafter. After
all room | 10 |
| and board
payments and similar
expenditures are made by the | 11 |
| State Board of Education as required by this
Section, the State | 12 |
| Board of Education may use the remaining funds for
| 13 |
| administration and for providing discretionary activities. | 14 |
| However, the State
Board of Education may use no more than 25% | 15 |
| of its available IDEA Part B
discretionary funds for | 16 |
| administrative services.
| 17 |
| Special education and related services included in the | 18 |
| child's
individualized educational program which are not | 19 |
| provided by another
State agency shall be included in the | 20 |
| special education and related
services provided by the State | 21 |
| Board of Education and the local school
district.
| 22 |
| The State Board of Education with the advice of the | 23 |
| Advisory Council
shall prescribe the standards and make the | 24 |
| necessary rules and
regulations for special education programs | 25 |
| administered by local school
boards, including but not limited | 26 |
| to establishment of classes, training
requirements of teachers | 27 |
| and other professional personnel, eligibility
and admission of | 28 |
| pupils, the curriculum, class size limitation, building
| 29 |
| programs, housing, transportation, special equipment and | 30 |
| instructional
supplies, and the applications for claims for | 31 |
| reimbursement. The State
Board of Education shall promulgate | 32 |
| rules and regulations for annual
evaluations of the | 33 |
| effectiveness of all special education programs and
annual | 34 |
| evaluation by the local school district of the individualized
| 35 |
| educational program for each child for whom it provides special
| 36 |
| education services.
|
|
|
|
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| 1 |
| A school district is responsible for the provision of | 2 |
| educational
services for all school age children residing | 3 |
| within its boundaries
excluding any student placed under the | 4 |
| provisions of Section 14-7.02 or any
disabled student whose | 5 |
| parent or guardian lives outside of the State of
Illinois as | 6 |
| described in Section 14-1.11.
| 7 |
| (Source: P.A. 89-397, eff. 8-20-95; 89-622, eff. 8-9-96; | 8 |
| 90-547, eff.
12-1-97.)
| 9 |
| (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
| 10 |
| Sec. 14-13.01. Reimbursement payable by State; Amounts. | 11 |
| Reimbursement for furnishing special educational facilities in | 12 |
| a
recognized school to the type of children defined in Section | 13 |
| 14-1.02
shall be paid to the school districts in accordance | 14 |
| with Section 14-12.01
for each school year ending June 30 by | 15 |
| the State Comptroller out of any money
in the treasury | 16 |
| appropriated for such purposes on the presentation of vouchers
| 17 |
| by the State Board of Education.
| 18 |
| The reimbursement shall be limited to funds expended for | 19 |
| construction
and maintenance of special education facilities | 20 |
| designed and utilized to
house instructional programs, | 21 |
| diagnostic services, other special
education services for | 22 |
| children with disabilities and
reimbursement as
provided in | 23 |
| Section 14-13.01. There shall be no reimbursement for
| 24 |
| construction and maintenance of any administrative facility | 25 |
| separated
from special education facilities designed and | 26 |
| utilized to house
instructional programs, diagnostic services | 27 |
| and other special education
services for children with | 28 |
| disabilities.
| 29 |
| (a) For children who have not been identified as eligible | 30 |
| for special
education and for eligible children with physical
| 31 |
| disabilities, including all
eligible children whose placement | 32 |
| has been determined under Section 14-8.02 in
hospital or home | 33 |
| instruction, 1/2 of the teacher's salary but not more than
| 34 |
| $1,000 annually per child or $8,000 per teacher for the | 35 |
| 1985-1986 school year
and thereafter, whichever is less. |
|
|
|
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| 1 |
| Children
to be included in any reimbursement under this | 2 |
| paragraph must regularly
receive a minimum of one hour of | 3 |
| instruction each school day, or in lieu
thereof of a minimum of | 4 |
| 5 hours of instruction in each school week in
order to qualify | 5 |
| for full reimbursement under this Section. If the
attending | 6 |
| physician for such a child has certified that the child should
| 7 |
| not receive as many as 5 hours of instruction in a school week, | 8 |
| however,
reimbursement under this paragraph on account of that | 9 |
| child shall be
computed proportionate to the actual hours of | 10 |
| instruction per week for
that child divided by 5.
| 11 |
| (b) For children described in Section 14-1.02, 4/5 of the | 12 |
| cost of
transportation for each such child, whom the State | 13 |
| Superintendent of
Education determined in advance requires | 14 |
| special transportation service
in order to take advantage of | 15 |
| special educational facilities.
Transportation costs shall be | 16 |
| determined in the same fashion as provided
in Section 29-5. For | 17 |
| purposes of this subsection (b), the dates for
processing | 18 |
| claims specified in Section 29-5 shall apply.
| 19 |
| (c) For each professional worker excluding those included | 20 |
| in
subparagraphs (a), (d), (e), and (f) of this Section, the | 21 |
| annual sum of
$8,000 for the 1985-1986 school year and | 22 |
| thereafter.
| 23 |
| (d) For one full time qualified director of the special | 24 |
| education
program of each school district which maintains a | 25 |
| fully approved program
of special education the annual sum of | 26 |
| $8,000 for the 1985-1986 school
year and thereafter. Districts | 27 |
| participating in a joint agreement special
education program | 28 |
| shall not receive such reimbursement if reimbursement is made
| 29 |
| for a director of the joint agreement program.
| 30 |
| (e) For each school psychologist as defined in Section | 31 |
| 14-1.09 the
annual sum of $8,000 for the 1985-1986 school year | 32 |
| and thereafter.
| 33 |
| (f) For each qualified teacher working in a fully approved | 34 |
| program
for children of preschool age who are deaf or | 35 |
| hard-of-hearing the annual
sum of $8,000 for the 1985-1986 | 36 |
| school year and thereafter.
|
|
|
|
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| 1 |
| (g) For readers, working with blind or partially seeing | 2 |
| children 1/2
of their salary but not more than $400 annually | 3 |
| per child. Readers may
be employed to assist such children and | 4 |
| shall not be required to be
certified but prior to employment | 5 |
| shall meet standards set up by the
State Board of Education.
| 6 |
| (h) For necessary non-certified employees working in any | 7 |
| class or
program for children defined in this Article, 1/2 of | 8 |
| the salary paid or
$2,800 annually per employee, whichever is | 9 |
| less.
| 10 |
| The State Board of Education shall set standards and | 11 |
| prescribe rules
for determining the allocation of | 12 |
| reimbursement under this section on
less than a full time basis | 13 |
| and for less than a school year.
| 14 |
| When any school district eligible for reimbursement under | 15 |
| this
Section operates a school or program approved by the State
| 16 |
| Superintendent of Education for a number of days in excess of | 17 |
| the
adopted school calendar but not to exceed 235 school days, | 18 |
| such
reimbursement shall be increased by 1/185 of the amount or | 19 |
| rate paid
hereunder for each day such school is operated in | 20 |
| excess of 185 days per
calendar year.
| 21 |
| Notwithstanding any other provision of law, any school | 22 |
| district receiving
a payment under this Section or under | 23 |
| Section 14-7.02, 14-7.02b
14-7.02a , or
29-5 of this Code may | 24 |
| classify all or a portion of the funds that it receives
in a | 25 |
| particular fiscal year or from general State aid pursuant to | 26 |
| Section
18-8.05 of this Code as
funds received in connection | 27 |
| with any funding program for which it is
entitled to receive | 28 |
| funds from the State in that fiscal year (including,
without | 29 |
| limitation, any funding program referenced in this Section),
| 30 |
| regardless of the source or timing of the receipt. The district | 31 |
| may not
classify more funds as funds received in connection | 32 |
| with the funding
program than the district is entitled to | 33 |
| receive in that fiscal year for that
program. Any
| 34 |
| classification by a district must be made by a resolution of | 35 |
| its board of
education. The resolution must identify the amount | 36 |
| of any payments or
general State aid to be classified under |
|
|
|
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|
| 1 |
| this paragraph and must specify
the funding program to which | 2 |
| the funds are to be treated as received in
connection | 3 |
| therewith. This resolution is controlling as to the
| 4 |
| classification of funds referenced therein. A certified copy of | 5 |
| the
resolution must be sent to the State Superintendent of | 6 |
| Education.
The resolution shall still take effect even though a | 7 |
| copy of the resolution has
not been sent to the State
| 8 |
| Superintendent of Education in a timely manner.
No
| 9 |
| classification under this paragraph by a district shall affect | 10 |
| the total amount
or timing of money the district is entitled to | 11 |
| receive under this Code.
No classification under this paragraph | 12 |
| by a district shall
in any way relieve the district from or | 13 |
| affect any
requirements that otherwise would apply with respect | 14 |
| to
that funding program, including any
accounting of funds by | 15 |
| source, reporting expenditures by
original source and purpose,
| 16 |
| reporting requirements,
or requirements of providing services.
| 17 |
| (Source: P.A. 92-568, eff. 6-26-02.)
| 18 |
| (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
| 19 |
| Sec. 18-4.3. Summer school grants. Grants shall be | 20 |
| determined for
pupil attendance in summer schools conducted | 21 |
| under Sections 10-22.33A
and 34-18 and approved under Section | 22 |
| 2-3.25 in the following manner.
| 23 |
| The amount of grant for each accredited summer school | 24 |
| attendance pupil shall
be obtained by dividing the total amount | 25 |
| of apportionments determined under Section 18-8.05 by the
| 26 |
| actual
number of pupils in average daily attendance used for | 27 |
| such
apportionments. The number of credited summer school | 28 |
| attendance pupils
shall be determined (a) by counting clock | 29 |
| hours of class instruction by
pupils enrolled in grades 1 | 30 |
| through 12 in approved courses conducted at
least 60 clock | 31 |
| hours in summer sessions; (b) by dividing such total of
clock | 32 |
| hours of class instruction by 4 to produce days of credited | 33 |
| pupil
attendance; (c) by dividing such days of credited pupil | 34 |
| attendance by
the actual number of days in the regular term as | 35 |
| used in computation in
the general apportionment in Section |
|
|
|
HB4225 Enrolled |
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LRB093 17856 NHT 43538 b |
|
| 1 |
| 18-8.05; and (d) by
multiplying by
1.25.
| 2 |
| The amount of the grant for a summer school program | 3 |
| approved by the
State Superintendent of Education for children | 4 |
| with
disabilities, as defined
in Sections 14-1.02 through | 5 |
| 14-1.07, shall be determined in the manner
contained above | 6 |
| except that average daily membership shall be utilized
in lieu | 7 |
| of average daily attendance.
| 8 |
| In the case of an apportionment based on summer school | 9 |
| attendance or
membership pupils, the claim therefor shall be | 10 |
| presented as a separate
claim for the particular school year in | 11 |
| which such summer school
session ends. On or before November 1 | 12 |
| of each year the
superintendent of each eligible school | 13 |
| district shall certify to
the State Superintendent of Education | 14 |
| the claim
of the district for the summer
session just ended. | 15 |
| Failure on the part of the school board to so
certify shall | 16 |
| constitute a forfeiture of its right to such payment. The State | 17 |
| Superintendent of Education shall transmit to the
Comptroller | 18 |
| no later than December 15th of each year
vouchers for payment | 19 |
| of amounts due school districts for
summer school. The State | 20 |
| Superintendent of Education shall direct the
Comptroller to | 21 |
| draw his warrants for payments thereof by the 30th
day of | 22 |
| December. If the money appropriated by the
General Assembly for | 23 |
| such purpose for any year is insufficient, it shall
be | 24 |
| apportioned on the basis of claims approved.
| 25 |
| However, notwithstanding the foregoing provisions, for | 26 |
| each fiscal year the
money appropriated by the General
Assembly | 27 |
| for the purposes of this Section shall only be used for grants
| 28 |
| for approved summer school programs for those children with
| 29 |
| disabilities served pursuant to Section
Sections 14-7.02 or | 30 |
| 14-7.02b
and 14-7.02a of this
the School
Code.
| 31 |
| (Source: P.A. 90-548, eff. 1-1-98; 91-764, eff. 6-9-00.)
| 32 |
| (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | 33 |
| Sec. 29-5. Reimbursement by State for transportation. Any | 34 |
| school
district, maintaining a school, transporting resident | 35 |
| pupils to another
school district's vocational program, |
|
|
|
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LRB093 17856 NHT 43538 b |
|
| 1 |
| offered through a joint agreement
approved by the State Board | 2 |
| of Education, as provided in Section
10-22.22 or transporting | 3 |
| its resident pupils to a school which meets the
standards for | 4 |
| recognition as established by the State Board of Education
| 5 |
| which provides transportation meeting the standards of safety, | 6 |
| comfort,
convenience, efficiency and operation prescribed by | 7 |
| the State Board of
Education for resident pupils in | 8 |
| kindergarten or any of grades 1 through
12 who: (a) reside at | 9 |
| least 1 1/2 miles as measured by the customary route of
travel, | 10 |
| from the school attended; or (b) reside in areas where | 11 |
| conditions are
such that walking constitutes a hazard to the | 12 |
| safety of the child when
determined under Section 29-3; and (c) | 13 |
| are transported to the school attended
from pick-up points at | 14 |
| the beginning of the school day and back again at the
close of | 15 |
| the school day or transported to and from their assigned | 16 |
| attendance
centers during the school day, shall be reimbursed | 17 |
| by the State as hereinafter
provided in this Section.
| 18 |
| The State will pay the cost of transporting eligible pupils | 19 |
| less the
assessed valuation in a dual school district | 20 |
| maintaining secondary
grades 9 to 12 inclusive times a | 21 |
| qualifying rate of .05%; in elementary
school districts | 22 |
| maintaining grades K to 8 times a qualifying rate of
.06%; in | 23 |
| unit districts maintaining grades K to 12 times a qualifying
| 24 |
| rate of .07%. To be eligible to receive reimbursement in excess | 25 |
| of 4/5
of the cost to transport eligible pupils, a school | 26 |
| district shall have a
Transportation Fund tax rate of at least | 27 |
| .12%. If a school district
does not have a .12% Transportation | 28 |
| Fund tax rate, the amount of its
claim in excess of 4/5 of the | 29 |
| cost of transporting pupils shall be
reduced by the sum arrived | 30 |
| at by subtracting the Transportation Fund tax
rate from .12% | 31 |
| and multiplying that amount by the districts equalized or
| 32 |
| assessed valuation, provided, that in no case shall said | 33 |
| reduction
result in reimbursement of less than 4/5 of the cost | 34 |
| to transport
eligible pupils.
| 35 |
| The minimum amount to be received by a district is $16 | 36 |
| times the
number of eligible pupils transported.
|
|
|
|
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|
| 1 |
| Any such district transporting resident pupils during the | 2 |
| school day
to an area vocational school or another school | 3 |
| district's vocational
program more than 1 1/2 miles from the | 4 |
| school attended, as provided in
Sections 10-22.20a and | 5 |
| 10-22.22, shall be reimbursed by the State for 4/5
of the cost | 6 |
| of transporting eligible pupils.
| 7 |
| School day means that period of time which the pupil is | 8 |
| required to be
in attendance for instructional purposes.
| 9 |
| If a pupil is at a location within the school district | 10 |
| other than his
residence for child care purposes at the time | 11 |
| for transportation to school,
that location may be considered | 12 |
| for purposes of determining the 1 1/2 miles
from the school | 13 |
| attended.
| 14 |
| Claims for reimbursement that include children who attend | 15 |
| any school
other than a public school shall show the number of | 16 |
| such children
transported.
| 17 |
| Claims for reimbursement under this Section shall not be | 18 |
| paid for the
transportation of pupils for whom transportation | 19 |
| costs are claimed for
payment under other Sections of this Act.
| 20 |
| The allowable direct cost of transporting pupils for | 21 |
| regular, vocational,
and special education pupil | 22 |
| transportation shall be limited to the sum of
the cost of | 23 |
| physical examinations required for employment as a school bus
| 24 |
| driver; the salaries of full or part-time drivers and school | 25 |
| bus maintenance
personnel; employee benefits excluding | 26 |
| Illinois municipal retirement
payments, social security | 27 |
| payments, unemployment insurance payments and
workers' | 28 |
| compensation insurance premiums; expenditures to independent
| 29 |
| carriers who operate school buses; payments to other school | 30 |
| districts for
pupil transportation services; pre-approved | 31 |
| contractual expenditures for
computerized bus scheduling; the | 32 |
| cost of gasoline, oil, tires, and other
supplies necessary for | 33 |
| the operation of school buses; the cost of
converting buses' | 34 |
| gasoline engines to more fuel efficient engines or to
engines | 35 |
| which use alternative energy sources; the cost of travel to
| 36 |
| meetings and workshops conducted by the regional |
|
|
|
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|
| 1 |
| superintendent or the
State Superintendent of Education | 2 |
| pursuant to the standards established by
the Secretary of State | 3 |
| under Section 6-106 of the Illinois Vehicle Code to improve the | 4 |
| driving skills of
school bus drivers; the cost of maintenance | 5 |
| of school buses including parts
and materials used; | 6 |
| expenditures for leasing transportation vehicles,
except | 7 |
| interest and service charges; the cost of insurance and | 8 |
| licenses for
transportation vehicles; expenditures for the | 9 |
| rental of transportation
equipment; plus a depreciation | 10 |
| allowance of 20% for 5 years for school
buses and vehicles | 11 |
| approved for transporting pupils to and from school and
a | 12 |
| depreciation allowance of 10% for 10 years for other | 13 |
| transportation
equipment so used.
Each school year, if a school | 14 |
| district has made expenditures to the
Regional Transportation | 15 |
| Authority or any of its service boards, a mass
transit | 16 |
| district, or an urban transportation district under an
| 17 |
| intergovernmental agreement with the district to provide for | 18 |
| the
transportation of pupils and if the public transit carrier | 19 |
| received direct
payment for services or passes from a school | 20 |
| district within its service
area during the 2000-2001 school | 21 |
| year, then the allowable direct cost of
transporting pupils for | 22 |
| regular, vocational, and special education pupil
| 23 |
| transportation shall also include the expenditures that the | 24 |
| district has
made to the public transit carrier.
In addition to | 25 |
| the above allowable costs school
districts shall also claim all | 26 |
| transportation supervisory salary costs,
including Illinois | 27 |
| municipal retirement payments, and all transportation
related | 28 |
| building and building maintenance costs without limitation.
| 29 |
| Special education allowable costs shall also include | 30 |
| expenditures for the
salaries of attendants or aides for that | 31 |
| portion of the time they assist
special education pupils while | 32 |
| in transit and expenditures for parents and
public carriers for | 33 |
| transporting special education pupils when pre-approved
by the | 34 |
| State Superintendent of Education.
| 35 |
| Indirect costs shall be included in the reimbursement claim | 36 |
| for districts
which own and operate their own school buses. |
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| Such indirect costs shall
include administrative costs, or any | 2 |
| costs attributable to transporting
pupils from their | 3 |
| attendance centers to another school building for
| 4 |
| instructional purposes. No school district which owns and | 5 |
| operates its own
school buses may claim reimbursement for | 6 |
| indirect costs which exceed 5% of
the total allowable direct | 7 |
| costs for pupil transportation.
| 8 |
| The State Board of Education shall prescribe uniform | 9 |
| regulations for
determining the above standards and shall | 10 |
| prescribe forms of cost
accounting and standards of determining | 11 |
| reasonable depreciation. Such
depreciation shall include the | 12 |
| cost of equipping school buses with the
safety features | 13 |
| required by law or by the rules, regulations and standards
| 14 |
| promulgated by the State Board of Education, and the Department | 15 |
| of
Transportation for the safety and construction of school | 16 |
| buses provided,
however, any equipment cost reimbursed by the | 17 |
| Department of Transportation
for equipping school buses with | 18 |
| such safety equipment shall be deducted
from the allowable cost | 19 |
| in the computation of reimbursement under this
Section in the | 20 |
| same percentage as the cost of the equipment is depreciated.
| 21 |
| On or before July 10, annually, the chief school | 22 |
| administrator for
the district shall certify to the regional | 23 |
| superintendent of schools
upon forms prescribed by the State | 24 |
| Superintendent of Education the
district's claim for | 25 |
| reimbursement for the school year ended on June 30
next | 26 |
| preceding. The regional superintendent of schools shall check | 27 |
| all
transportation claims to ascertain compliance with the | 28 |
| prescribed
standards and upon his approval shall certify not | 29 |
| later than July 25 to
the State Superintendent of Education the | 30 |
| regional report of claims for
reimbursements. The State | 31 |
| Superintendent of Education shall check and
approve the claims | 32 |
| and prepare the vouchers showing the amounts due for
district | 33 |
| reimbursement claims. Beginning with the 1977 fiscal year, the | 34 |
| State
Superintendent of Education shall prepare and transmit | 35 |
| the first 3
vouchers to the Comptroller on the 30th day of | 36 |
| September, December and
March, respectively, and the final |
|
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| voucher, no later than June 15.
| 2 |
| If the amount appropriated for transportation | 3 |
| reimbursement is insufficient
to fund total claims for any | 4 |
| fiscal year, the State Board of Education shall
reduce each | 5 |
| school district's allowable costs and flat grant amount
| 6 |
| proportionately to make total adjusted claims equal the total | 7 |
| amount
appropriated.
| 8 |
| For purposes of calculating claims for reimbursement under | 9 |
| this Section
for any school year beginning July 1, 1998, or | 10 |
| thereafter, the
equalized
assessed valuation for a school | 11 |
| district used to compute reimbursement
shall be computed in the | 12 |
| same manner as it is computed under paragraph (2) of
subsection | 13 |
| (G) of Section 18-8.05.
| 14 |
| All reimbursements received from the State shall be | 15 |
| deposited into the
district's transportation fund or into the | 16 |
| fund from which the allowable
expenditures were made.
| 17 |
| Notwithstanding any other provision of law, any school | 18 |
| district receiving
a payment under this Section or under | 19 |
| Section 14-7.02, 14-7.02b
14-7.02a , or
14-13.01 of this Code | 20 |
| may classify all or a portion of the funds that it
receives in | 21 |
| a particular fiscal year or from general State aid pursuant to
| 22 |
| Section 18-8.05 of this Code
as funds received in connection | 23 |
| with any funding program for which it is
entitled to receive | 24 |
| funds from the State in that fiscal year (including,
without | 25 |
| limitation, any funding program referenced in this Section),
| 26 |
| regardless of the source or timing of the receipt. The district | 27 |
| may not
classify more funds as funds received in connection | 28 |
| with the funding
program than the district is entitled to | 29 |
| receive in that fiscal year for that
program. Any
| 30 |
| classification by a district must be made by a resolution of | 31 |
| its board of
education. The resolution must identify the amount | 32 |
| of any payments or
general State aid to be classified under | 33 |
| this paragraph and must specify
the funding program to which | 34 |
| the funds are to be treated as received in
connection | 35 |
| therewith. This resolution is controlling as to the
| 36 |
| classification of funds referenced therein. A certified copy of |
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| the
resolution must be sent to the State Superintendent of | 2 |
| Education.
The resolution shall still take effect even though a | 3 |
| copy of the resolution has
not been sent to the State
| 4 |
| Superintendent of Education in a timely manner.
No
| 5 |
| classification under this paragraph by a district shall affect | 6 |
| the total amount
or timing of money the district is entitled to | 7 |
| receive under this Code.
No classification under this paragraph | 8 |
| by a district shall
in any way relieve the district from or | 9 |
| affect any
requirements that otherwise would apply with respect | 10 |
| to
that funding program, including any
accounting of funds by | 11 |
| source, reporting expenditures by
original source and purpose,
| 12 |
| reporting requirements,
or requirements of providing services.
| 13 |
| Any school district with a population of not more than | 14 |
| 500,000
must deposit all funds received under this Article into | 15 |
| the transportation
fund and use those funds for the provision | 16 |
| of transportation services.
| 17 |
| (Source: P.A. 92-568, eff. 6-26-02; 93-166, eff. 7-10-03; | 18 |
| 93-663, eff. 2-17-04.)
| 19 |
| (105 ILCS 5/14-7.02a rep.)
| 20 |
| Section 10. The School Code is amended by repealing Section | 21 |
| 14-7.02a.
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law. |
|