[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB1657
105 ILCS 5/14-13.01 from Ch. 122, par. 14-13.01
105 ILCS 5/29-5 from Ch. 122, par. 29-5
Amends the School Code. Removes the provision concerning
transportation costs for handicapped students whom the State
Superintendent has determined require special transportation
service in order to take advantage of special education
facilities. Provides that the State shall reimburse any
school district (now any school 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 or
transporting its resident pupils to a school which meets the
standards for recognition as established by the State Board
of Education) that provides transportation meeting the
standards set by the State Board of Education for resident
pupils meeting certain requirements. Changes the rate of
reimbursement for student transportation. Provides that on
or before August 19 (now July 10) annually the board clerk or
the secretary of the district shall certify to the State
Superintendent of Education (now the regional superintendent
of schools) the district's claim for reimbursement for the
school year ended on June 30 next preceding. Effective
immediately.
LRB9001587LDdv
LRB9001587LDdv
1 AN ACT to amend the School Code by changing Sections
2 14-13.01 and 29-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 14-13.01 and 29-5 as follows:
7 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
8 Sec. 14-13.01. Reimbursement payable by State; Amounts.
9 Reimbursement for furnishing special educational facilities
10 in a recognized school to the type of children defined in
11 Section 14-1.02 shall be paid to the school districts in
12 accordance with Section 14-12.01 for each school year ending
13 June 30 by the State Comptroller out of any money in the
14 treasury appropriated for such purposes on the presentation
15 of vouchers by the State Board of Education.
16 The reimbursement shall be limited to funds expended for
17 construction and maintenance of special education facilities
18 designed and utilized to house instructional programs,
19 diagnostic services, other special education services for
20 children with disabilities and reimbursement as provided in
21 Section 14-13.01. There shall be no reimbursement for
22 construction and maintenance of any administrative facility
23 separated from special education facilities designed and
24 utilized to house instructional programs, diagnostic services
25 and other special education services for children with
26 disabilities.
27 (a) For children who have not been identified as
28 eligible for special education and for eligible children with
29 physical disabilities, including all eligible children whose
30 placement has been determined under Section 14-8.02 in
31 hospital or home instruction, 1/2 of the teacher's salary but
-2- LRB9001587LDdv
1 not more than $1,000 annually per child or $8,000 per teacher
2 for the 1985-1986 school year and thereafter, whichever is
3 less. Children to be included in any reimbursement under
4 this paragraph must regularly receive a minimum of one hour
5 of instruction each school day, or in lieu thereof of a
6 minimum of 5 hours of instruction in each school week in
7 order to qualify for full reimbursement under this Section.
8 If the attending physician for such a child has certified
9 that the child should not receive as many as 5 hours of
10 instruction in a school week, however, reimbursement under
11 this paragraph on account of that child shall be computed
12 proportionate to the actual hours of instruction per week for
13 that child divided by 5.
14 (b) (Blank). For children described in Section 14-1.02,
15 4/5 of the cost of transportation for each such child, whom
16 the State Superintendent of Education determined in advance
17 requires special transportation service in order to take
18 advantage of special educational facilities. Transportation
19 costs shall be determined in the same fashion as provided in
20 Section 29-5. For purposes of this subsection (b), the dates
21 for processing claims specified in Section 29-5 shall apply.
22 (c) For each professional worker excluding those
23 included in subparagraphs (a), (d), (e), and (f) of this
24 Section, the annual sum of $8,000 for the 1985-1986 school
25 year and thereafter.
26 (d) For one full time qualified director of the special
27 education program of each school district which maintains a
28 fully approved program of special education the annual sum of
29 $8,000 for the 1985-1986 school year and thereafter.
30 Districts participating in a joint agreement special
31 education program shall not receive such reimbursement if
32 reimbursement is made for a director of the joint agreement
33 program.
34 (e) For each school psychologist as defined in Section
-3- LRB9001587LDdv
1 14-1.09 the annual sum of $8,000 for the 1985-1986 school
2 year and thereafter.
3 (f) For each qualified teacher working in a fully
4 approved program for children of preschool age who are deaf
5 or hard-of-hearing the annual sum of $8,000 for the 1985-1986
6 school year and thereafter.
7 (g) For readers, working with blind or partially seeing
8 children 1/2 of their salary but not more than $400 annually
9 per child. Readers may be employed to assist such children
10 and shall not be required to be certified but prior to
11 employment shall meet standards set up by the State Board of
12 Education.
13 (h) For necessary non-certified employees working in any
14 class or program for children defined in this Article, 1/2 of
15 the salary paid or $2,800 annually per employee, whichever is
16 less.
17 The State Board of Education shall set standards and
18 prescribe rules for determining the allocation of
19 reimbursement under this section on less than a full time
20 basis and for less than a school year.
21 When any school district eligible for reimbursement under
22 this Section operates a school or program approved by the
23 State Superintendent of Education for a number of days in
24 excess of the adopted school calendar but not to exceed 235
25 school days, such reimbursement shall be increased by 1/185
26 of the amount or rate paid hereunder for each day such school
27 is operated in excess of 185 days per calendar year.
28 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
29 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
30 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
31 Sec. 29-5. Reimbursement by State for transportation.
32 Any school district, maintaining a school, transporting
33 resident pupils to another school district's vocational
-4- LRB9001587LDdv
1 program, offered through a joint agreement approved by the
2 State Board of Education, as provided in Section 10-22.22 or
3 transporting its resident pupils to a school which meets the
4 standards for recognition as established by the State Board
5 of Education which provides transportation meeting the
6 standards of safety, comfort, convenience, efficiency and
7 operation prescribed by the State Board of Education for
8 resident pupils in kindergarten or any of grades 1 through 12
9 who: (a) reside at least 1 1/2 miles, as measured by the
10 customary route of travel, from the school attended; or (b)
11 reside in areas where conditions are such that walking
12 constitutes a hazard to the safety of the child when
13 determined under Section 29-3; and (b) (c) are transported to
14 the school attended from pick-up points at the beginning of
15 the school day and back again at the close of the school day
16 or transported to and from their assigned attendance centers
17 during the school day, shall be reimbursed by the State as
18 hereinafter provided in this Section.
19 All qualified students shall be claimed in one category
20 and the miles calculated for transporting each student shall
21 be calculated in a separate category.
22 All student transportation related expenses for regular,
23 vocational, and special education students, including
24 extracurricular and reimbursable field trip transportation,
25 shall be claimable.
26 All transportation related costs shall be claimable,
27 whether the transportation services are school district
28 operated or are provided for by contract.
29 Beginning with school year 1997-98 to be reimbursed
30 during fiscal year 1999, for transportation claims filed for
31 eligible students, the following formula shall be applied:
32 (1) A tax rate of 0.06% for districts maintaining
33 grades one through 8, 0.6% for districts maintaining
34 grades 9 through 12, and 0.10% for districts maintaining
-5- LRB9001587LDdv
1 grades K through 12 applied against the real property
2 equalized assessed valuation of the district as used for
3 general State aid purposes shall be used to calculate the
4 district's share of the cost of transportation.
5 (2) The State shall reimburse 100% of the costs
6 between the school district's threshold contribution
7 established by paragraph (1) and the statewide average
8 cost per pupil.
9 (3) The State shall reimburse 50% of costs between
10 the statewide average cost per pupil and 150% of the
11 statewide average cost per pupil.
12 (4) The State shall reimburse 25% of the costs in
13 excess of 150% of the statewide average cost per pupil.
14 (5) The State shall reimburse 100% of the costs in
15 excess of the total reimbursement as calculated in
16 paragraphs (1) through (4) assuming full funding and the
17 product of the maximum permissive tax rate for the
18 district multiplied by the equalized assessed valuation
19 of the district.
20 If it is necessary to prorate school district claims due
21 to an insufficient appropriation for transportation
22 reimbursement, the proration shall be applied first to
23 reimbursement under paragraph (4), then to reimbursement
24 under paragraph (3), and then to reimbursement under
25 paragraph (2), in that order as may be necessary.
26 If a district's scheduled reimbursements to be paid in
27 fiscal year 1999, 2000, or 2001 are less than the
28 reimbursement received during fiscal year 1998, the district
29 shall receive an additional payment from funds appropriated
30 for this purpose. The amount of the additional payment shall
31 be the difference between the district's reimbursement under
32 this amendatory Act of 1997 and the amount the district
33 receive during fiscal year 1997. The amount of funds a
34 district receives under this Section may not exceed a
-6- LRB9001587LDdv
1 district's actual cost of transportation.
2 Beginning with reimbursement paid in fiscal year 1999,
3 for districts in cities with populations of 500,000 or more,
4 the excess cost formula delineated in paragraph (5) shall be
5 calculated changing the use of 100% of the maximum permissive
6 tax rate in the formula to: (i) 20% in fiscal year 1999; (ii)
7 40% in fiscal year 2000; (iii) 60% in fiscal year 2001; (iv)
8 80% in fiscal year 2002; and (v) 100% in fiscal year 2003 and
9 thereafter.
10 The State Board of Education shall promulgate any rules
11 necessary to implement the provisions of this Section.
12 The State will pay the cost of transporting eligible
13 pupils less the assessed valuation in a dual school district
14 maintaining secondary grades 9 to 12 inclusive times a
15 qualifying rate of .05%; in elementary school districts
16 maintaining grades K to 8 times a qualifying rate of .06%; in
17 unit districts maintaining grades K to 12 times a qualifying
18 rate of .07%. To be eligible to receive reimbursement in
19 excess of 4/5 of the cost to transport eligible pupils, a
20 school district shall have a Transportation Fund tax rate of
21 at least .12%. If a school district does not have a .12%
22 Transportation Fund tax rate, the amount of its claim in
23 excess of 4/5 of the cost of transporting pupils shall be
24 reduced by the sum arrived at by subtracting the
25 Transportation Fund tax rate from .12% and multiplying that
26 amount by the districts equalized or assessed valuation,
27 provided, that in no case shall said reduction result in
28 reimbursement of less than 4/5 of the cost to transport
29 eligible pupils.
30 The minimum amount to be received by a district is $16
31 times the number of eligible pupils transported.
32 Any such district transporting resident pupils during the
33 school day to an area vocational school or another school
34 district's vocational program more than 1 1/2 miles from the
-7- LRB9001587LDdv
1 school attended, as provided in Sections 10-22.20a and
2 10-22.22, shall be reimbursed by the State for 4/5 of the
3 cost of transporting eligible pupils.
4 School day means that period of time which the pupil is
5 required to be in attendance for instructional purposes.
6 If a pupil is at a location within the school district
7 other than his residence for child care purposes at the time
8 for transportation to school, that location may be considered
9 for purposes of determining the 1 1/2 miles from the school
10 attended.
11 Claims for reimbursement that include children who attend
12 any school other than a public school shall show the number
13 of such children transported.
14 Claims for reimbursement under this Section shall not be
15 paid for the transportation of pupils for whom transportation
16 costs are claimed for payment under other Sections of this
17 Act.
18 The allowable direct cost of transporting pupils for
19 regular, vocational, and special education pupil
20 transportation shall be limited to the sum of the cost of
21 physical examinations required for employment as a school bus
22 driver; the salaries of full or part-time drivers and school
23 bus maintenance personnel; employee benefits excluding
24 Illinois municipal retirement payments, social security
25 payments, unemployment insurance payments and workers'
26 compensation insurance premiums; expenditures to independent
27 carriers who operate school buses; payments to other school
28 districts for pupil transportation services; pre-approved
29 contractual expenditures for computerized bus scheduling; the
30 cost of gasoline, oil, tires, and other supplies necessary
31 for the operation of school buses; the cost of converting
32 buses' gasoline engines to more fuel efficient engines or to
33 engines which use alternative energy sources; the cost of
34 travel to meetings and workshops conducted by the regional
-8- LRB9001587LDdv
1 superintendent or the State Superintendent of Education
2 pursuant to the standards established by the Secretary of
3 State under Section 6-106 of the Illinois Vehicle Code to
4 improve the driving skills of school bus drivers; the cost of
5 maintenance of school buses including parts and materials
6 used; expenditures for leasing transportation vehicles,
7 except interest and service charges; the cost of insurance
8 and licenses for transportation vehicles; expenditures for
9 the 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. In addition to the above
14 allowable costs school districts shall also claim all
15 transportation supervisory salary costs, including Illinois
16 municipal retirement payments, and all transportation related
17 building and building maintenance costs without limitation.
18 Special education allowable costs shall also include
19 expenditures for the salaries of attendants or aides for that
20 portion of the time they assist special education pupils
21 while in transit and expenditures for parents and public
22 carriers for transporting special education pupils when
23 pre-approved by the State Superintendent of Education.
24 Indirect costs shall be included in the reimbursement
25 claim for districts which own and operate their own school
26 buses. Such indirect costs shall include administrative
27 costs, or any costs attributable to transporting pupils from
28 their attendance centers to another school building for
29 instructional purposes. No school district which owns and
30 operates its own school buses may claim reimbursement for
31 indirect costs which exceed 5% of the total allowable direct
32 costs for pupil transportation.
33 The State Board of Education shall prescribe uniform
34 regulations for determining the above standards and shall
-9- LRB9001587LDdv
1 prescribe forms of cost accounting and standards of
2 determining reasonable depreciation. Such depreciation shall
3 include the cost of equipping school buses with the safety
4 features required by law or by the rules, regulations and
5 standards promulgated by the State Board of Education, and
6 the Department of Transportation for the safety and
7 construction of school buses provided, however, any equipment
8 cost reimbursed by the Department of Transportation for
9 equipping school buses with such safety equipment shall be
10 deducted from the allowable cost in the computation of
11 reimbursement under this Section in the same percentage as
12 the cost of the equipment is depreciated.
13 On or before August 19 July 10, annually, the board clerk
14 or the secretary of the district shall certify to the
15 regional superintendent of schools upon forms prescribed by
16 the State Superintendent of Education the district's claim
17 for reimbursement for the school year ended on June 30 next
18 preceding. The regional superintendent of schools shall
19 check all transportation claims to ascertain compliance with
20 the prescribed standards and upon his approval shall certify
21 not later than July 25 to the State Superintendent of
22 Education the regional report of claims for reimbursements.
23 The State Superintendent of Education shall check and approve
24 the claims and prepare the vouchers showing the amounts due
25 for district reimbursement claims. Beginning with the 1977
26 fiscal year, The State Superintendent of Education shall
27 prepare and transmit the first 3 vouchers to the Comptroller
28 on the 30th day of September, December and March,
29 respectively, and the final voucher, no later than June 15.
30 If the amount appropriated for transportation
31 reimbursement is insufficient to fund total claims for any
32 fiscal year, the State Board of Education shall reduce each
33 school district's allowable costs and flat grant amount
34 proportionately to make total adjusted claims equal the total
-10- LRB9001587LDdv
1 amount appropriated.
2 For purposes of calculating claims for reimbursement
3 under this Section for any school year beginning July 1,
4 1980, or thereafter, the equalized assessed valuation for a
5 school district used to compute reimbursement shall be
6 determined by adding to the real property equalized assessed
7 valuation for the district an amount computed by dividing the
8 amount of money received by the district under the provisions
9 of "An Act in relation to the abolition of ad valorem
10 personal property tax and the replacement of revenues lost
11 thereby, and amending and repealing certain Acts and parts of
12 Acts in connection therewith", certified August 14, 1979, as
13 amended, by the total tax rate for the district. For purposes
14 of this subsection, 1976 tax rates shall be used for school
15 districts in the county of Cook, and 1977 tax rates shall be
16 used in all other counties. For the purposes of calculating
17 claims for reimbursement under this Section for any school
18 year beginning July 1, 1986, or thereafter, the real property
19 equalized assessed valuation for a school district used to
20 compute reimbursement shall be determined by subtracting from
21 the real property value as equalized or assessed by the
22 Department of Revenue for the district an amount computed by
23 dividing the amount of any abatement of taxes under Section
24 18-170 of the Property Tax Code by the maximum operating tax
25 rates specified in subsection 5(c) of Section 18-8.
26 All reimbursements received from the State shall be
27 deposited into the district's transportation fund or into the
28 fund from which the allowable expenditures were made.
29 (Source: P.A. 88-612, eff. 7-1-95; 88-641, eff. 9-9-94;
30 88-670, eff. 12-2-94; 89-235, eff. 8-4-95.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.