Illinois Compiled Statutes
Information maintained by the Legislative
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
105 ILCS 5/29-5
(105 ILCS 5/29-5)
(from Ch. 122, par. 29-5)
Reimbursement by State for transportation.
district, maintaining a school, transporting resident pupils to another
school district's vocational program, offered through a joint agreement
approved by the State Board of Education, as provided in Section
10-22.22 or transporting its resident pupils to a school which meets the
standards for recognition as established by the State Board of Education
which provides transportation meeting the standards of safety, comfort,
convenience, efficiency and operation prescribed by the State Board of
Education for resident pupils in kindergarten or any of grades 1 through
12 who: (a) reside at least 1 1/2 miles as measured by the customary route of
travel, from the school attended; or (b) reside in areas where conditions are
such that walking constitutes a hazard to the safety of the child when
determined under Section 29-3; and (c) are transported to the school attended
from pick-up points at the beginning of the school day and back again at the
close of the school day or transported to and from their assigned attendance
centers during the school day, shall be reimbursed by the State as hereinafter
provided in this Section.
The State will pay the prorated allowable cost of transporting eligible pupils less the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15 in a dual school district maintaining secondary
grades 9 to 12 inclusive times a qualifying rate of .05%; in elementary
school districts maintaining grades K to 8 times a qualifying rate of
.06%; and in unit districts maintaining grades K to 12, including partial elementary unit districts formed pursuant to Article 11E, times a qualifying
rate of .07%. To be eligible to receive reimbursement in excess of 4/5
of the cost to transport eligible pupils, a school district or partial elementary unit district formed pursuant to Article 11E shall have a
Transportation Fund tax rate of at least .12%. The Transportation Fund tax rate for a partial elementary unit district formed pursuant Article 11E shall be the combined elementary and high school rates pursuant to paragraph (4) of subsection (a) of Section 18-8.15. If a school district or partial elementary unit district formed pursuant to Article 11E
does not have a .12% Transportation Fund tax rate, the amount of its
claim in excess of 4/5 of the cost of transporting pupils shall be
reduced by the sum arrived at by subtracting the Transportation Fund tax
rate from .12% and multiplying that amount by the district's real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15, provided that in no case shall said reduction
result in reimbursement of less than 4/5 of the cost to transport
The minimum amount to be received by a district is $16 times the
number of eligible pupils transported.
When calculating the reimbursement for transportation costs, the State Board of Education may not deduct the number of pupils enrolled in early education programs from the number of pupils eligible for reimbursement if the pupils enrolled in the early education programs are transported at the same time as other eligible pupils.
Any such district transporting resident pupils during the school day
to an area vocational school or another school district's vocational
program more than 1 1/2 miles from the school attended, as provided in
Sections 10-22.20a and 10-22.22, shall be reimbursed by the State for 4/5
of the cost of transporting eligible pupils.
School day means that period of time during which the pupil is required to be
in attendance for instructional purposes.
If a pupil is at a location within the school district other than his
residence for child care purposes at the time for transportation to school,
that location may be considered for purposes of determining the 1 1/2 miles
from the school attended.
Claims for reimbursement that include children who attend any school
other than a public school shall show the number of such children
Claims for reimbursement under this Section shall not be paid for the
transportation of pupils for whom transportation costs are claimed for
payment under other Sections of this Act.
The allowable direct cost of transporting pupils for regular, vocational,
and special education pupil transportation shall be limited to the sum of
the cost of physical examinations required for employment as a school bus
driver; the salaries of full-time or part-time drivers and school bus maintenance
personnel; employee benefits excluding Illinois municipal retirement
payments, social security payments, unemployment insurance payments and
workers' compensation insurance premiums; expenditures to independent
carriers who operate school buses; payments to other school districts for
pupil transportation services; pre-approved contractual expenditures for
computerized bus scheduling; expenditures for housing assistance and homeless prevention under Sections 1-17 and 1-18 of the Education for Homeless Children Act that are not in excess of the school district's actual costs for providing transportation services and are not otherwise claimed in another State or federal grant that permits those costs to a parent, a legal guardian, any other person who enrolled a pupil, or a homeless assistance agency that is part of the federal McKinney-Vento Homeless Assistance Act's continuum of care for the area in which the district is located; the cost of gasoline, oil, tires, and other
supplies necessary for the operation of school buses; the cost of
converting buses' gasoline engines to more fuel efficient engines or to
engines which use alternative energy sources; the cost of travel to
meetings and workshops conducted by the regional superintendent or the
State Superintendent of Education pursuant to the standards established by
the Secretary of State under Section 6-106 of the Illinois Vehicle Code to improve the driving skills of
school bus drivers; the cost of maintenance of school buses including parts
and materials used; expenditures for leasing transportation vehicles,
except interest and service charges; the cost of insurance and licenses for
transportation vehicles; expenditures for the rental of transportation
equipment; plus a depreciation allowance of 20% for 5 years for school
buses and vehicles approved for transporting pupils to and from school and
a depreciation allowance of 10% for 10 years for other transportation
equipment so used.
Each school year, if a school district has made expenditures to the
Regional Transportation Authority or any of its service boards, a mass
transit district, or an urban transportation district under an
intergovernmental agreement with the district to provide for the
transportation of pupils and if the public transit carrier received direct
payment for services or passes from a school district within its service
area during the 2000-2001 school year, then the allowable direct cost of
transporting pupils for regular, vocational, and special education pupil
transportation shall also include the expenditures that the district has
made to the public transit carrier.
In addition to the above allowable costs, school
districts shall also claim all transportation supervisory salary costs,
including Illinois municipal retirement payments, and all transportation
related building and building maintenance costs without limitation.
Special education allowable costs shall also include expenditures for the
salaries of attendants or aides for that portion of the time they assist
special education pupils while in transit and expenditures for parents and
public carriers for transporting special education pupils when pre-approved
by the State Superintendent of Education.
Indirect costs shall be included in the reimbursement claim for districts
which own and operate their own school buses. Such indirect costs shall
include administrative costs, or any costs attributable to transporting
pupils from their attendance centers to another school building for
instructional purposes. No school district which owns and operates its own
school buses may claim reimbursement for indirect costs which exceed 5% of
the total allowable direct costs for pupil transportation.
The State Board of Education shall prescribe uniform regulations for
determining the above standards and shall prescribe forms of cost
accounting and standards of determining reasonable depreciation. Such
depreciation shall include the cost of equipping school buses with the
safety features required by law or by the rules, regulations and standards
promulgated by the State Board of Education, and the Department of
Transportation for the safety and construction of school buses provided,
however, any equipment cost reimbursed by the Department of Transportation
for equipping school buses with such safety equipment shall be deducted
from the allowable cost in the computation of reimbursement under this
Section in the same percentage as the cost of the equipment is depreciated.
On or before August 15, annually, the chief school administrator for
the district shall certify to the State Superintendent of Education the
district's claim for reimbursement for the school year ending on June 30
next preceding. The State Superintendent of Education shall check and
approve the claims and prepare the vouchers showing the amounts due for
district reimbursement claims. Each fiscal year, the State
Superintendent of Education shall prepare and transmit the first 3
vouchers to the Comptroller on the 30th day of September, December and
March, respectively, and the final voucher, no later than June 20.
If the amount appropriated for transportation reimbursement is insufficient
to fund total claims for any fiscal year, the State Board of Education shall
reduce each school district's allowable costs and flat grant amount
proportionately to make total adjusted claims equal the total amount
For purposes of calculating claims for reimbursement under this Section for any school year beginning July 1, 2016, the equalized assessed valuation for a school district or partial elementary unit district formed pursuant to Article 11E used to compute reimbursement shall be the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15.
All reimbursements received from the State shall be deposited into the
district's transportation fund or into the fund from which the allowable
expenditures were made.
Notwithstanding any other provision of law, any school district receiving
a payment under this Section or under Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may classify all or a portion of the funds that it
receives in a particular fiscal year or from State aid pursuant to
Section 18-8.15 of this Code
as funds received in connection with any funding program for which it is
entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
or requirements of providing services.
Any school district with a population of not more than 500,000
must deposit all funds received under this Article into the transportation
fund and use those funds for the provision of transportation services.
(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)