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Public Act 92-0568
HB3776 Enrolled LRB9212196NTpk
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Sections 1D-1, 14-7.02, 14-7.02a, 14-13.01, and 29-5 as
follows:
(105 ILCS 5/1D-1)
Sec. 1D-1. Block grant funding.
(a) For fiscal year 1996 and each fiscal year
thereafter, the State Board of Education shall award to a
school district having a population exceeding 500,000
inhabitants a general education block grant and an
educational services block grant, determined as provided in
this Section, in lieu of distributing to the district
separate State funding for the programs described in
subsections (b) and (c). The provisions of this Section,
however, do not apply to any federal funds that the district
is entitled to receive. In accordance with Section 2-3.32,
all block grants are subject to an audit. Therefore, block
grant receipts and block grant expenditures shall be recorded
to the appropriate fund code for the designated block grant.
(b) The general education block grant shall include the
following programs: REI Initiative, Summer Bridges, Preschool
At Risk, K-6 Comprehensive Arts, School Improvement Support,
Urban Education, Scientific Literacy, Substance Abuse
Prevention, Second Language Planning, Staff Development,
Outcomes and Assessment, K-6 Reading Improvement, Truants'
Optional Education, Hispanic Programs, Agriculture Education,
Gifted Education, Parental Education, Prevention Initiative,
Report Cards, and Criminal Background Investigations.
Notwithstanding any other provision of law, all amounts paid
under the general education block grant from State
appropriations to a school district in a city having a
population exceeding 500,000 inhabitants shall be
appropriated and expended by the board of that district for
any of the programs included in the block grant or any of the
board's lawful purposes.
(c) The educational services block grant shall include
the following programs: Bilingual, Regular and Vocational
Transportation, State Lunch and Free Breakfast Program,
Special Education (Personnel, Extraordinary, Transportation,
Orphanage, Private Tuition), Summer School, Educational
Service Centers, and Administrator's Academy. This
subsection (c) does not relieve the district of its
obligation to provide the services required under a program
that is included within the educational services block grant.
It is the intention of the General Assembly in enacting the
provisions of this subsection (c) to relieve the district of
the administrative burdens that impede efficiency and
accompany single-program funding. The General Assembly
encourages the board to pursue mandate waivers pursuant to
Section 2-3.25g.
(d) For fiscal year 1996 and each fiscal year
thereafter, the amount of the district's block grants shall
be determined as follows: (i) with respect to each program
that is included within each block grant, the district shall
receive an amount equal to the same percentage of the current
fiscal year appropriation made for that program as the
percentage of the appropriation received by the district from
the 1995 fiscal year appropriation made for that program, and
(ii) the total amount that is due the district under the
block grant shall be the aggregate of the amounts that the
district is entitled to receive for the fiscal year with
respect to each program that is included within the block
grant that the State Board of Education shall award the
district under this Section for that fiscal year. In the
case of the Summer Bridges program, the amount of the
district's block grant shall be equal to 44% of the amount of
the current fiscal year appropriation made for that program.
(e) The district is not required to file any application
or other claim in order to receive the block grants to which
it is entitled under this Section. The State Board of
Education shall make payments to the district of amounts due
under the district's block grants on a schedule determined by
the State Board of Education.
(f) A school district to which this Section applies
shall report to the State Board of Education on its use of
the block grants in such form and detail as the State Board
of Education may specify.
(g) This paragraph provides for the treatment of block
grants under Article 1C for purposes of calculating the
amount of block grants for a district under this Section.
Those block grants under Article 1C IC are, for this purpose,
treated as included in the amount of appropriation for the
various programs set forth in paragraph (b) above. The
appropriation in each current fiscal year for each block
grant under Article 1C shall be treated for these purposes as
appropriations for the individual program included in that
block grant. The proportion of each block grant so allocated
to each such program included in it shall be the proportion
which the appropriation for that program was of all
appropriations for such purposes now in that block grant, in
fiscal 1995.
Payments to the school district under this Section with
respect to each program for which payments to school
districts generally, as of the date of this amendatory Act of
the 92nd General Assembly, are on a reimbursement basis shall
continue to be made to the district on a reimbursement basis,
pursuant to the provisions of this Code governing those
programs.
(h) Notwithstanding any other provision of law, any
school district receiving a block grant under this Section
may classify all or a portion of the funds that it receives
in a particular fiscal year from any block grant authorized
under this Code or from general State aid pursuant to Section
18-8.05 of this Code (other than supplemental general State
aid) 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 referred to in subsection (c) of 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 program.
Any classification by a district must be made by a resolution
of its board of education. The resolution must identify the
amount of any block grant or general State aid to be
classified under this subsection (h) 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. No classification under this subsection (h)
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 subsection (h) by a district
shall in any way relieve the district from or affect any
requirements that otherwise would apply with respect to the
block grant as provided in this Section, including any
accounting of funds by source, reporting expenditures by
original source and purpose, reporting requirements, or
requirements of provision of services.
(Source: P.A. 90-566, eff. 1-2-98; 90-653, eff. 7-29-98;
91-711, eff. 7-1-00; revised 12-04-01.)
(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or
private special education facilities. The General Assembly
recognizes that non-public schools or special education
facilities provide an important service in the educational
system in Illinois.
If because of his or her disability the special education
program of a district is unable to meet the needs of a child
and the child attends a non-public school or special
education facility, a public out-of-state school or a special
education facility owned and operated by a county government
unit that provides special educational services required by
the child and is in compliance with the appropriate rules and
regulations of the State Superintendent of Education, the
school district in which the child is a resident shall pay
the actual cost of tuition for special education and related
services provided during the regular school term and during
the summer school term if the child's educational needs so
require, excluding room, board and transportation costs
charged the child by that non-public school or special
education facility, public out-of-state school or county
special education facility, or $4,500 per year, whichever is
less, and shall provide him any necessary transportation.
"Nonpublic special education facility" shall include a
residential facility, within or without the State of
Illinois, which provides special education and related
services to meet the needs of the child by utilizing private
schools or public schools, whether located on the site or off
the site of the residential facility.
The State Board of Education shall promulgate rules and
regulations for determining when placement in a private
special education facility is appropriate. Such rules and
regulations shall take into account the various types of
services needed by a child and the availability of such
services to the particular child in the public school. In
developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on
Education of Children with Disabilities and hold public
hearings to secure recommendations from parents, school
personnel, and others concerned about this matter.
The State Board of Education shall also promulgate rules
and regulations for transportation to and from a residential
school. Transportation to and from home to a residential
school more than once each school term shall be subject to
prior approval by the State Superintendent in accordance with
the rules and regulations of the State Board.
A school district making tuition payments pursuant to
this Section is eligible for reimbursement from the State for
the amount of such payments actually made in excess of the
district per capita tuition charge for students not receiving
special education services. Such reimbursement shall be
approved in accordance with Section 14-12.01 and each
district shall file its claims, computed in accordance with
rules prescribed by the State Board of Education, on forms
prescribed by the State Superintendent of Education. Data
used as a basis of reimbursement claims shall be for the
preceding regular school term and summer school term. Each
school district shall transmit its claims to the State Board
of Education on or before August 15. The State Board of
Education, before approving any such claims, shall determine
their accuracy and whether they are based upon services and
facilities provided under approved programs. Upon approval
the State Board shall cause vouchers to be prepared showing
the amount due for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on the
30th day of September, December, and March, respectively, and
the final voucher, no later than June 20. If the money
appropriated by the General Assembly for such purpose for any
year is insufficient, it shall be apportioned on the basis of
the claims approved.
No child shall be placed in a special education program
pursuant to this Section if the tuition cost for special
education and related services increases more than 10 percent
over the tuition cost for the previous school year or exceeds
$4,500 per year unless such costs have been approved by the
Illinois Purchased Care Review Board. The Illinois
Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and
Family Services, Public Health, Public Aid, and the Bureau of
the Budget; the Secretary of Human Services; the State
Superintendent of Education; and such other persons as the
Governor may designate. The Review Board shall establish
rules and regulations for its determination of allowable
costs and payments made by local school districts for special
education, room and board, and other related services
provided by non-public schools or special education
facilities and shall establish uniform standards and criteria
which it shall follow.
The Review Board shall establish uniform definitions and
criteria for accounting separately by special education, room
and board and other related services costs. The Board shall
also establish guidelines for the coordination of services
and financial assistance provided by all State agencies to
assure that no otherwise qualified disabled child receiving
services under Article 14 shall be excluded from
participation in, be denied the benefits of or be subjected
to discrimination under any program or activity provided by
any State agency.
The Review Board shall review the costs for special
education and related services provided by non-public schools
or special education facilities and shall approve or
disapprove such facilities in accordance with the rules and
regulations established by it with respect to allowable
costs.
The State Board of Education shall provide administrative
and staff support for the Review Board as deemed reasonable
by the State Superintendent of Education. This support shall
not include travel expenses or other compensation for any
Review Board member other than the State Superintendent of
Education.
The Review Board shall seek the advice of the Advisory
Council on Education of Children with Disabilities on the
rules and regulations to be promulgated by it relative to
providing special education services.
If a child has been placed in a program in which the
actual per pupil costs of tuition for special education and
related services based on program enrollment, excluding room,
board and transportation costs, exceed $4,500 and such costs
have been approved by the Review Board, the district shall
pay such total costs which exceed $4,500. A district making
such tuition payments in excess of $4,500 pursuant to this
Section shall be responsible for an amount in excess of
$4,500 equal to the district per capita tuition charge and
shall be eligible for reimbursement from the State for the
amount of such payments actually made in excess of the
districts per capita tuition charge for students not
receiving special education services.
If a child has been placed in an approved individual
program and the tuition costs including room and board costs
have been approved by the Review Board, then such room and
board costs shall be paid by the appropriate State agency
subject to the provisions of Section 14-8.01 of this Act.
Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the
State Board of Education on a current basis. In no event,
however, shall the State's liability for funding of these
tuition costs begin until after the legal obligations of
third party payors have been subtracted from such costs. If
the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned
on the basis of the claims approved. Each district shall
submit estimated claims to the State Superintendent of
Education. Upon approval of such claims, the State
Superintendent of Education shall direct the State
Comptroller to make payments on a monthly basis. The
frequency for submitting estimated claims and the method of
determining payment shall be prescribed in rules and
regulations adopted by the State Board of Education. Such
current state reimbursement shall be reduced by an amount
equal to the proceeds which the child or child's parents are
eligible to receive under any public or private insurance or
assistance program. Nothing in this Section shall be
construed as relieving an insurer or similar third party from
an otherwise valid obligation to provide or to pay for
services provided to a disabled child.
If it otherwise qualifies, a school district is eligible
for the transportation reimbursement under Section 14-13.01
and for the reimbursement of tuition payments under this
Section whether the non-public school or special education
facility, public out-of-state school or county special
education facility, attended by a child who resides in that
district and requires special educational services, is within
or outside of the State of Illinois. However, a district is
not eligible to claim transportation reimbursement under this
Section unless the district certifies to the State
Superintendent of Education that the district is unable to
provide special educational services required by the child
for the current school year.
Nothing in this Section authorizes the reimbursement of a
school district for the amount paid for tuition of a child
attending a non-public school or special education facility,
public out-of-state school or county special education
facility unless the school district certifies to the State
Superintendent of Education that the special education
program of that district is unable to meet the needs of that
child because of his disability and the State Superintendent
of Education finds that the school district is in substantial
compliance with Section 14-4.01.
Any educational or related services provided, pursuant to
this Section in a non-public school or special education
facility or a special education facility owned and operated
by a county government unit shall be at no cost to the parent
or guardian of the child. However, current law and practices
relative to contributions by parents or guardians for costs
other than educational or related services are not affected
by this amendatory Act of 1978.
Reimbursement for children attending public school
residential facilities shall be made in accordance with the
provisions of this Section.
Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02a, 14-13.01, or 29-5 of this Code may classify
all or a portion of the funds that it receives in a
particular fiscal year or from general State aid pursuant to
Section 18-8.05 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 program.
Any 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. No
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, reporting requirements, or
requirements of providing services.
(Source: P.A. 91-764, eff. 6-9-00.)
(105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a)
Sec. 14-7.02a. Children requiring extraordinary special
education services and facilities. A school district
providing for a child requiring extraordinary special
education services because of the nature of his disability is
eligible for reimbursement from the State if the cost of
educating that child is computed, as set forth in Section
14-7.01, to be in excess of one and one-half times the
district per capita tuition charge for the prior year. Such
costs beyond one per capita tuition charge shall be
reimbursed, up to a maximum of $2,000.
A child is deemed to require extraordinary special
education services and facilities under the following
conditions:
1) the school district has determined that the
child requires extraordinary special education facilities
pursuant to the multidisciplinary case study and the
individualized education program;
2) the school district maintains adequate cost
accounting to document the per capita cost of special
education; and
3) the school district submits approval and claim
data annually for each eligible child.
Extraordinary special education services provided on a
one-half day basis shall only be reimbursed at a rate of
one-half the amount otherwise provided herein.
Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02, 14-13.01, or 29-5 of this Code may classify
all or a portion of the funds that it receives in a
particular fiscal year or from general State aid pursuant to
Section 18-8.05 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 program.
Any 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. No
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, reporting requirements, or
requirements of providing services.
(Source: P.A. 88-16.)
(105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
Sec. 14-13.01. Reimbursement payable by State; Amounts.
Reimbursement for furnishing special educational facilities
in a recognized school to the type of children defined in
Section 14-1.02 shall be paid to the school districts in
accordance with Section 14-12.01 for each school year ending
June 30 by the State Comptroller out of any money in the
treasury appropriated for such purposes on the presentation
of vouchers by the State Board of Education.
The reimbursement shall be limited to funds expended for
construction and maintenance of special education facilities
designed and utilized to house instructional programs,
diagnostic services, other special education services for
children with disabilities and reimbursement as provided in
Section 14-13.01. There shall be no reimbursement for
construction and maintenance of any administrative facility
separated from special education facilities designed and
utilized to house instructional programs, diagnostic services
and other special education services for children with
disabilities.
(a) For children who have not been identified as
eligible for special education and for eligible children with
physical disabilities, including all eligible children whose
placement has been determined under Section 14-8.02 in
hospital or home instruction, 1/2 of the teacher's salary but
not more than $1,000 annually per child or $8,000 per teacher
for the 1985-1986 school year and thereafter, whichever is
less. Children to be included in any reimbursement under
this paragraph must regularly receive a minimum of one hour
of instruction each school day, or in lieu thereof of a
minimum of 5 hours of instruction in each school week in
order to qualify for full reimbursement under this Section.
If the attending physician for such a child has certified
that the child should not receive as many as 5 hours of
instruction in a school week, however, reimbursement under
this paragraph on account of that child shall be computed
proportionate to the actual hours of instruction per week for
that child divided by 5.
(b) For children described in Section 14-1.02, 4/5 of
the cost of transportation for each such child, whom the
State Superintendent of Education determined in advance
requires special transportation service in order to take
advantage of special educational facilities. Transportation
costs shall be determined in the same fashion as provided in
Section 29-5. For purposes of this subsection (b), the dates
for processing claims specified in Section 29-5 shall apply.
(c) For each professional worker excluding those
included in subparagraphs (a), (d), (e), and (f) of this
Section, the annual sum of $8,000 for the 1985-1986 school
year and thereafter.
(d) For one full time qualified director of the special
education program of each school district which maintains a
fully approved program of special education the annual sum of
$8,000 for the 1985-1986 school year and thereafter.
Districts participating in a joint agreement special
education program shall not receive such reimbursement if
reimbursement is made for a director of the joint agreement
program.
(e) For each school psychologist as defined in Section
14-1.09 the annual sum of $8,000 for the 1985-1986 school
year and thereafter.
(f) For each qualified teacher working in a fully
approved program for children of preschool age who are deaf
or hard-of-hearing the annual sum of $8,000 for the 1985-1986
school year and thereafter.
(g) For readers, working with blind or partially seeing
children 1/2 of their salary but not more than $400 annually
per child. Readers may be employed to assist such children
and shall not be required to be certified but prior to
employment shall meet standards set up by the State Board of
Education.
(h) For necessary non-certified employees working in any
class or program for children defined in this Article, 1/2 of
the salary paid or $2,800 annually per employee, whichever is
less.
The State Board of Education shall set standards and
prescribe rules for determining the allocation of
reimbursement under this section on less than a full time
basis and for less than a school year.
When any school district eligible for reimbursement under
this Section operates a school or program approved by the
State Superintendent of Education for a number of days in
excess of the adopted school calendar but not to exceed 235
school days, such reimbursement shall be increased by 1/185
of the amount or rate paid hereunder for each day such school
is operated in excess of 185 days per calendar year.
Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02, 14-7.02a, or 29-5 of this Code may classify
all or a portion of the funds that it receives in a
particular fiscal year or from general State aid pursuant to
Section 18-8.05 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 program.
Any 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. No
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, reporting requirements, or
requirements of providing services.
(Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
(105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
Sec. 29-5. Reimbursement by State for transportation.
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, 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 cost of transporting eligible
pupils less the assessed valuation 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%; in
unit districts maintaining grades K to 12 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 shall have a Transportation Fund tax rate of
at least .12%. If a school district 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 districts equalized or assessed valuation,
provided, that in no case shall said reduction result in
reimbursement of less than 4/5 of the cost to transport
eligible pupils.
The minimum amount to be received by a district is $16
times the number of eligible pupils transported.
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 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 transported.
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 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; 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. 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 July 10, annually, the board clerk or the
secretary of the district shall certify to the regional
superintendent of schools upon forms prescribed by the State
Superintendent of Education the district's claim for
reimbursement for the school year ended on June 30 next
preceding. The regional superintendent of schools shall
check all transportation claims to ascertain compliance with
the prescribed standards and upon his approval shall certify
not later than July 25 to the State Superintendent of
Education the regional report of claims for reimbursements.
The State Superintendent of Education shall check and approve
the claims and prepare the vouchers showing the amounts due
for district reimbursement claims. Beginning with the 1977
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 15.
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 appropriated.
For purposes of calculating claims for reimbursement
under this Section for any school year beginning July 1,
1998, or thereafter, the equalized assessed valuation for a
school district used to compute reimbursement shall be
computed in the same manner as it is computed under paragraph
(2) of subsection (G) of Section 18-8.05.
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, 14-7.02a, 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 general State aid pursuant to
Section 18-8.05 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 program.
Any 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. No
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, reporting requirements, 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. 91-96, eff. 7-9-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 25, 2002.
Approved June 26, 2002.
Effective June 26, 2002.
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