Bill Text: IL HB5825 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code to provide that, except for those children qualifying under the Article of the Code concerning children with disabilities, school districts shall be eligible to receive reimbursement for all children requiring home or hospital instruction at not more than $1,000 annually per child or $9,000 (instead of $8,000) per teacher, whichever is less.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-01-25 - Public Act . . . . . . . . . 97-1156 [HB5825 Detail]
Download: Illinois-2011-HB5825-Amended.html
Bill Title: Amends the School Code to provide that, except for those children qualifying under the Article of the Code concerning children with disabilities, school districts shall be eligible to receive reimbursement for all children requiring home or hospital instruction at not more than $1,000 annually per child or $9,000 (instead of $8,000) per teacher, whichever is less.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-01-25 - Public Act . . . . . . . . . 97-1156 [HB5825 Detail]
Download: Illinois-2011-HB5825-Amended.html
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1 | AMENDMENT TO HOUSE BILL 5825
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2 | AMENDMENT NO. ______. Amend House Bill 5825 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 3-14.23, 13A-9, 13B-20.35, 14-7.02, 14-13.01, 17-2, 17-8, | ||||||
6 | 29-1, 29-2, 29-3, 29-3.2a, 29-5, 29-5.2, and 29-6.3 and by | ||||||
7 | adding Sections 29-0.01, 29-0.05, 29-0.10, and 29-0.15 as | ||||||
8 | follows:
| ||||||
9 | (105 ILCS 5/3-14.23) (from Ch. 122, par. 3-14.23)
| ||||||
10 | Sec. 3-14.23. School bus driver permits.
| ||||||
11 | (a) To conduct courses
of instruction for school bus | ||||||
12 | drivers pursuant to the standards
established by the Secretary | ||||||
13 | of State under Section 6-106.1 of the
Illinois Vehicle Code and | ||||||
14 | to charge a fee based upon the cost of
providing such courses | ||||||
15 | of up to $6 per person for fiscal years 2010, 2011, and 2012; | ||||||
16 | up to $8 per person for fiscal years 2013, 2014, and 2015; and |
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1 | up to $10 per person for fiscal year 2016 and each fiscal year | ||||||
2 | thereafter for the initial
classroom course in school bus | ||||||
3 | driver safety and of up to $6 per person for fiscal years 2010, | ||||||
4 | 2011, and 2012; up to $8 per person for fiscal years 2013, | ||||||
5 | 2014, and 2015; and up to $10 per person for fiscal year 2016 | ||||||
6 | and each fiscal year thereafter for the annual refresher | ||||||
7 | course.
| ||||||
8 | (b) To conduct such investigations
as may be necessary to | ||||||
9 | insure that all persons hired to operate school buses
have | ||||||
10 | valid school bus driver permits as required under Sections | ||||||
11 | 6-104 and
6-106.1 of "The Illinois Vehicle Code". If a regional | ||||||
12 | superintendent finds
evidence of non-compliance with this | ||||||
13 | requirement, he shall submit such
evidence together with his | ||||||
14 | recommendations in writing to the school board.
| ||||||
15 | If the regional superintendent finds evidence of | ||||||
16 | noncompliance with the
requirement that all persons employed | ||||||
17 | directly by the school board to operate
school buses have valid | ||||||
18 | school bus driver permits as required under Sections
6-104 and | ||||||
19 | 6-106.1 of "The Illinois Vehicle Code", the regional | ||||||
20 | superintendent
shall schedule a hearing on a date not less than | ||||||
21 | 5 days nor more than 10
days after notifying the district of | ||||||
22 | his findings. If based on the
evidence presented at the hearing | ||||||
23 | the regional superintendent finds that
persons employed | ||||||
24 | directly by the school board to operate school buses do not
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25 | have
valid school bus driver permits as required under Sections | ||||||
26 | 6-104 and 6-106.1
of "The Illinois Vehicle Code", the regional |
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1 | superintendent shall submit
such evidence and his findings | ||||||
2 | together with his recommendations to the
State Superintendent | ||||||
3 | of Education. The State Superintendent of Education
may reduce | ||||||
4 | the district's claim for reimbursement under Section 29-0.01 of | ||||||
5 | this Code Sections
29-5 and 14-13.01 for transportation by | ||||||
6 | 1.136% for each day of
noncompliance.
| ||||||
7 | If a school board finds evidence of noncompliance with the | ||||||
8 | requirement
that all persons employed by a contractor to | ||||||
9 | operate school buses have valid
school bus driver permits as | ||||||
10 | required under Sections 6-104 and 6-106.1 of
"The Illinois | ||||||
11 | Vehicle Code", the school board shall request a hearing before
| ||||||
12 | the regional superintendent. The regional superintendent shall | ||||||
13 | schedule
a hearing on a date not less than 5 days nor more than | ||||||
14 | 10 days after receiving
the request. If based on the evidence | ||||||
15 | presented at the hearing the regional
superintendent finds that | ||||||
16 | persons employed by a contractor to operate school
buses do not | ||||||
17 | have valid school bus driver permits as required under Sections
| ||||||
18 | 6-104 and 6-106.1 of "The Illinois Vehicle Code", the school | ||||||
19 | board's financial
obligations under the contract shall be | ||||||
20 | reduced by an amount equal to
1.136% for
each day of | ||||||
21 | noncompliance. The findings of the regional superintendent and
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22 | the relief provided herein shall not impair the obligations of | ||||||
23 | the contractor
to continue to provide transportation services | ||||||
24 | in accordance with the terms
of the contract.
| ||||||
25 | The provisions of the Administrative Review Law, and all | ||||||
26 | amendments and
modifications thereof and the rules adopted |
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1 | pursuant thereto shall apply
to and govern all proceedings | ||||||
2 | instituted for judicial review of final
administrative | ||||||
3 | decisions of the regional superintendent under this Section.
| ||||||
4 | (Source: P.A. 96-616, eff. 1-1-10.)
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5 | (105 ILCS 5/13A-9)
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6 | Sec. 13A-9. Transportation. Subject to the requirements of | ||||||
7 | Article 29 and
except as otherwise agreed by the parents, | ||||||
8 | school and regional superintendent,
the school from which a | ||||||
9 | student is administratively transferred shall provide
for any | ||||||
10 | transportation that the transfer necessitates, if | ||||||
11 | transportation
is provided required pursuant to Section 29-3 . | ||||||
12 | The regional superintendent shall
coordinate all | ||||||
13 | transportation arrangements with transferring school | ||||||
14 | districts.
The regional superintendent may also arrange for | ||||||
15 | cooperation between school
districts in the regional | ||||||
16 | superintendent's educational service region regarding
the | ||||||
17 | transportation needs of transferred students in order to reduce | ||||||
18 | the costs
of that transportation and to provide greater | ||||||
19 | convenience for the students
involved.
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20 | (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96; | ||||||
21 | 89-636, eff.
8-9-96; 90-14, eff. 7-1-97.)
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22 | (105 ILCS 5/13B-20.35)
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23 | Sec. 13B-20.35. Transportation of students. School | ||||||
24 | districts may that are
required to provide
transportation |
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1 | pursuant to Section 29-3 of this Code shall provide
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2 | transportation for students enrolled
in alternative learning | ||||||
3 | opportunities programs . Other school districts shall
provide | ||||||
4 | transportation to
the same extent that they provide | ||||||
5 | transportation to other students. A school
district may | ||||||
6 | collaborate
with the regional superintendent of schools to | ||||||
7 | establish a cooperative
transportation agreement
among school | ||||||
8 | districts in the region to reduce the costs of transportation | ||||||
9 | and
to provide for greater
accessibility for students attending | ||||||
10 | alternative learning opportunities
programs.
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11 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
12 | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
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13 | Sec. 14-7.02. Children attending private schools, public
| ||||||
14 | out-of-state schools, public school residential facilities or | ||||||
15 | private
special education facilities. The General Assembly | ||||||
16 | recognizes that non-public
schools or special education | ||||||
17 | facilities provide an important service in the
educational | ||||||
18 | system in Illinois.
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19 | If because of his or her disability the special education
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20 | program of a district is unable to meet the needs of a child | ||||||
21 | and the
child attends a non-public school or special education | ||||||
22 | facility, a
public out-of-state school or a special education | ||||||
23 | facility owned and
operated by a county government unit that | ||||||
24 | provides special educational
services required by the child and | ||||||
25 | is in compliance with the appropriate
rules and regulations of |
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1 | the State Superintendent of Education, the
school district in | ||||||
2 | which the child is a resident shall pay the actual
cost of | ||||||
3 | tuition for special education and related services provided
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4 | during the regular school term and during the summer school | ||||||
5 | term if the
child's educational needs so require, excluding | ||||||
6 | room, board and
transportation costs charged the child by that | ||||||
7 | non-public school or
special education facility, public | ||||||
8 | out-of-state school or county special
education facility, or | ||||||
9 | $4,500 per year, whichever is less, and shall
provide him any | ||||||
10 | necessary transportation. "Nonpublic special
education | ||||||
11 | facility" shall include a residential facility,
within or | ||||||
12 | without the State of Illinois, which provides
special education | ||||||
13 | and related services to meet the needs of the child by
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14 | utilizing private schools or public schools, whether located on | ||||||
15 | the site
or off the site of the residential facility.
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16 | The State Board of Education shall promulgate rules and | ||||||
17 | regulations
for determining when placement in a private special | ||||||
18 | education facility
is appropriate. Such rules and regulations | ||||||
19 | shall take into account
the various types of services needed by | ||||||
20 | a child and the availability
of such services to the particular | ||||||
21 | child in the public school.
In developing these rules and | ||||||
22 | regulations the State Board of
Education shall consult with the | ||||||
23 | Advisory Council on
Education of Children with Disabilities and | ||||||
24 | hold public
hearings to secure recommendations from parents, | ||||||
25 | school personnel,
and others concerned about this matter.
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26 | The State Board of Education shall also promulgate rules |
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1 | and
regulations for transportation to and from a residential | ||||||
2 | school.
Transportation to and from home to a residential school | ||||||
3 | more than once
each school term shall be subject to prior | ||||||
4 | approval by the State
Superintendent in accordance with the | ||||||
5 | rules and regulations of the State
Board.
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6 | A school district making tuition payments pursuant to this
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7 | Section is eligible for reimbursement from the State for the | ||||||
8 | amount of
such payments actually made in excess of the district | ||||||
9 | per capita tuition
charge for students not receiving special | ||||||
10 | education services.
Such reimbursement shall be approved in | ||||||
11 | accordance with Section 14-12.01
and each district shall file | ||||||
12 | its claims, computed in accordance with rules
prescribed by the | ||||||
13 | State Board of Education, on forms prescribed by the
State | ||||||
14 | Superintendent of Education. Data used as a basis of | ||||||
15 | reimbursement
claims shall be for the preceding regular school | ||||||
16 | term and summer school
term. Each school district shall | ||||||
17 | transmit its claims to the State Board of Education
on or | ||||||
18 | before
August 15. The State Board of Education, before | ||||||
19 | approving any such claims,
shall determine their accuracy and | ||||||
20 | whether they are based upon services
and facilities provided | ||||||
21 | under approved programs. Upon approval the State
Board shall | ||||||
22 | cause vouchers to be prepared showing the amount due
for | ||||||
23 | payment of reimbursement claims to school
districts, for | ||||||
24 | transmittal to the State Comptroller on
the 30th day of | ||||||
25 | September, December, and March, respectively, and the final
| ||||||
26 | voucher, no later than June 20. If the
money appropriated by |
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1 | the General Assembly for such purpose for any year
is | ||||||
2 | insufficient, it shall be apportioned on the basis of the | ||||||
3 | claims approved.
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4 | No child shall be placed in a special education program | ||||||
5 | pursuant to
this Section if the tuition cost for special | ||||||
6 | education and related
services increases more than 10 percent | ||||||
7 | over the tuition cost for the
previous school year or exceeds | ||||||
8 | $4,500 per year unless such costs have
been approved by the | ||||||
9 | Illinois Purchased Care Review Board. The
Illinois Purchased | ||||||
10 | Care Review Board shall consist of the following
persons, or | ||||||
11 | their designees: the Directors of Children and Family
Services, | ||||||
12 | Public Health,
Public Aid, and the
Governor's Office of | ||||||
13 | Management and Budget; the
Secretary of Human Services; the | ||||||
14 | State Superintendent of Education; and such
other persons as | ||||||
15 | the
Governor may designate. The Review Board shall establish | ||||||
16 | rules and
regulations for its determination of allowable costs | ||||||
17 | and payments made by
local school districts for special | ||||||
18 | education, room and board, and other related
services provided | ||||||
19 | by non-public schools or special education facilities and
shall | ||||||
20 | establish uniform standards and criteria which it shall follow.
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21 | The Review Board shall establish uniform definitions and | ||||||
22 | criteria for
accounting separately by special education, room | ||||||
23 | and board and other
related services costs. The Board shall | ||||||
24 | also establish guidelines for
the coordination of services and | ||||||
25 | financial assistance provided by all
State agencies to assure | ||||||
26 | that no otherwise qualified disabled child
receiving services |
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1 | under Article 14 shall be excluded from participation
in, be | ||||||
2 | denied the benefits of or be subjected to discrimination under
| ||||||
3 | any program or activity provided by any State agency.
| ||||||
4 | The Review Board shall review the costs for special | ||||||
5 | education and
related services provided by non-public schools | ||||||
6 | or special education
facilities and shall approve or disapprove | ||||||
7 | such facilities in accordance
with the rules and regulations | ||||||
8 | established by it with respect to
allowable costs.
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9 | The State Board of Education shall provide administrative | ||||||
10 | and staff support
for the Review Board as deemed reasonable by | ||||||
11 | the State Superintendent of
Education. This support shall not | ||||||
12 | include travel expenses or other
compensation for any Review | ||||||
13 | Board member other than the State Superintendent of
Education.
| ||||||
14 | The Review Board shall seek the advice of the Advisory | ||||||
15 | Council on
Education of Children with Disabilities on the rules | ||||||
16 | and
regulations to be
promulgated by it relative to providing | ||||||
17 | special education services.
| ||||||
18 | If a child has been placed in a program in which the actual | ||||||
19 | per pupil costs
of tuition for special education and related | ||||||
20 | services based on program
enrollment, excluding room, board and | ||||||
21 | transportation costs, exceed $4,500 and
such costs have been | ||||||
22 | approved by the Review Board, the district shall pay such
total | ||||||
23 | costs which exceed $4,500. A district making such tuition | ||||||
24 | payments in
excess of $4,500 pursuant to this Section shall be | ||||||
25 | responsible for an amount in
excess of $4,500 equal to the | ||||||
26 | district per capita
tuition charge and shall be eligible for |
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1 | reimbursement from the State for
the amount of such payments | ||||||
2 | actually made in excess of the districts per capita
tuition | ||||||
3 | charge for students not receiving special education services.
| ||||||
4 | If a child has been placed in an approved individual | ||||||
5 | program and the
tuition costs including room and board costs | ||||||
6 | have been approved by the
Review Board, then such room and | ||||||
7 | board costs shall be paid by the
appropriate State agency | ||||||
8 | subject to the provisions of Section 14-8.01 of
this Act. Room | ||||||
9 | and board costs not provided by a State agency other
than the | ||||||
10 | State Board of Education shall be provided by the State Board
| ||||||
11 | of Education on a current basis. In no event, however, shall | ||||||
12 | the
State's liability for funding of these tuition costs begin | ||||||
13 | until after
the legal obligations of third party payors have | ||||||
14 | been subtracted from
such costs. If the money appropriated by | ||||||
15 | the General Assembly for such
purpose for any year is | ||||||
16 | insufficient, it shall be apportioned on the
basis of the | ||||||
17 | claims approved. Each district shall submit estimated claims to | ||||||
18 | the State
Superintendent of Education. Upon approval of such | ||||||
19 | claims, the State
Superintendent of Education shall direct the | ||||||
20 | State Comptroller to make payments
on a monthly basis. The | ||||||
21 | frequency for submitting estimated
claims and the method of | ||||||
22 | determining payment shall be prescribed in rules
and | ||||||
23 | regulations adopted by the State Board of Education. Such | ||||||
24 | current state
reimbursement shall be reduced by an amount equal | ||||||
25 | to the proceeds which
the child or child's parents are eligible | ||||||
26 | to receive under any public or
private insurance or assistance |
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1 | program. Nothing in this Section shall
be construed as | ||||||
2 | relieving an insurer or similar third party from an
otherwise | ||||||
3 | valid obligation to provide or to pay for services provided to
| ||||||
4 | a disabled child.
| ||||||
5 | If it otherwise qualifies, a school district is eligible | ||||||
6 | for the
transportation reimbursement under Section 29-0.01 of | ||||||
7 | this Code 14-13.01 and for the
reimbursement of tuition | ||||||
8 | payments under this Section whether the
non-public school or | ||||||
9 | special education facility, public out-of-state
school or | ||||||
10 | county special education facility, attended by a child who
| ||||||
11 | resides in that district and requires special educational | ||||||
12 | services, is
within or outside of the State of Illinois. | ||||||
13 | However, a district is not
eligible to claim transportation | ||||||
14 | reimbursement under this Section unless
the district certifies | ||||||
15 | to the State Superintendent of Education that the
district is | ||||||
16 | unable to provide special educational services required by
the | ||||||
17 | child for the current school year.
| ||||||
18 | Nothing in this Section authorizes the reimbursement of a | ||||||
19 | school
district for the amount paid for tuition of a child | ||||||
20 | attending a
non-public school or special education facility, | ||||||
21 | public out-of-state
school or county special education | ||||||
22 | facility unless the school district
certifies to the State | ||||||
23 | Superintendent of Education that the special
education program | ||||||
24 | of that district is unable to meet the needs of that child
| ||||||
25 | because of his disability and the State Superintendent of | ||||||
26 | Education finds
that the school district is in substantial |
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| |||||||
1 | compliance with Section 14-4.01. However, if a child is | ||||||
2 | unilaterally placed by a State agency or any court in a | ||||||
3 | non-public school or special education facility, public | ||||||
4 | out-of-state school, or county special education facility, a | ||||||
5 | school district shall not be required to certify to the State | ||||||
6 | Superintendent of Education, for the purpose of tuition | ||||||
7 | reimbursement, that the special education program of that | ||||||
8 | district is unable to meet the needs of a child because of his | ||||||
9 | or her disability.
| ||||||
10 | Any educational or related services provided, pursuant to | ||||||
11 | this
Section in a non-public school or special education | ||||||
12 | facility or a
special education facility owned and operated by | ||||||
13 | a county government
unit shall be at no cost to the parent or | ||||||
14 | guardian of the child.
However, current law and practices | ||||||
15 | relative to contributions by parents
or guardians for costs | ||||||
16 | other than educational or related services are
not affected by | ||||||
17 | this amendatory Act of 1978.
| ||||||
18 | Reimbursement for children attending public school | ||||||
19 | residential facilities
shall be made in accordance with the | ||||||
20 | provisions of this Section.
| ||||||
21 | Notwithstanding any other provision of law, any school | ||||||
22 | district
receiving a payment under this Section or under | ||||||
23 | Section 14-7.02b, 14-13.01, or 29-0.01
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 |
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| |||||||
1 | with any funding program for which
it is entitled to receive | ||||||
2 | funds from the State in that fiscal year (including,
without | ||||||
3 | limitation, any funding program referenced in this Section),
| ||||||
4 | regardless of the source or timing of the receipt. The district | ||||||
5 | may not
classify more funds as funds received in connection | ||||||
6 | with the funding
program than the district is entitled to | ||||||
7 | receive in that fiscal year for that
program. Any
| ||||||
8 | classification by a district must be made by a resolution of | ||||||
9 | its board of
education. The resolution must identify the amount | ||||||
10 | of any payments or
general State aid to be classified under | ||||||
11 | this paragraph and must specify
the funding program to which | ||||||
12 | the funds are to be treated as received in
connection | ||||||
13 | therewith. This resolution is controlling as to the
| ||||||
14 | classification of funds referenced therein. A certified copy of | ||||||
15 | the
resolution must be sent to the State Superintendent of | ||||||
16 | Education.
The resolution shall still take effect even though a | ||||||
17 | copy of the resolution has
not been sent to the State
| ||||||
18 | Superintendent of Education in a timely manner.
No
| ||||||
19 | classification under this paragraph by a district shall affect | ||||||
20 | the total amount
or timing of money the district is entitled to | ||||||
21 | receive under this Code.
No classification under this paragraph | ||||||
22 | by a district shall
in any way relieve the district from or | ||||||
23 | affect any
requirements that otherwise would apply with respect | ||||||
24 | to
that funding program, including any
accounting of funds by | ||||||
25 | source, reporting expenditures by
original source and purpose,
| ||||||
26 | reporting requirements,
or requirements of providing services.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-1022, eff. 8-24-04; 94-177, eff. 7-12-05.)
| ||||||
2 | (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
| ||||||
3 | Sec. 14-13.01. Reimbursement payable by State; amounts for | ||||||
4 | personnel and transportation. | ||||||
5 | (a) For staff working on behalf of children who have not | ||||||
6 | been identified as eligible for special
education and for | ||||||
7 | eligible children with physical
disabilities, including all
| ||||||
8 | eligible children whose placement has been determined under | ||||||
9 | Section 14-8.02 in
hospital or home instruction, 1/2 of the | ||||||
10 | teacher's salary but not more than
$1,000 annually per child or | ||||||
11 | $9,000 per teacher, whichever is less. A child qualifies for | ||||||
12 | home or hospital instruction if it is anticipated that, due to | ||||||
13 | a medical condition, the child will be unable to attend school, | ||||||
14 | and instead must be instructed at home or in the hospital, for | ||||||
15 | a period of 2 or more consecutive weeks or on an ongoing | ||||||
16 | intermittent basis. For purposes of this Section, "ongoing | ||||||
17 | intermittent basis" means that the child's medical condition is | ||||||
18 | of such a nature or severity that it is anticipated that the | ||||||
19 | child will be absent from school due to the medical condition | ||||||
20 | for periods of at least 2 days at a time multiple times during | ||||||
21 | the school year totaling at least 10 days or more of absences. | ||||||
22 | There shall be no requirement that a child be absent from | ||||||
23 | school a minimum number of days before the child qualifies for | ||||||
24 | home or hospital instruction. In order to establish eligibility | ||||||
25 | for home or hospital services, a student's parent or guardian |
| |||||||
| |||||||
1 | must submit to the child's school district of residence a | ||||||
2 | written statement from a physician licensed to practice | ||||||
3 | medicine in all of its branches stating the existence of such | ||||||
4 | medical condition, the impact on the child's ability to | ||||||
5 | participate in education, and the anticipated duration or | ||||||
6 | nature of the child's absence from school. Home or hospital | ||||||
7 | instruction may commence upon receipt of a written physician's | ||||||
8 | statement in accordance with this Section, but instruction | ||||||
9 | shall commence not later than 5 school days after the school | ||||||
10 | district receives the physician's statement. Special education | ||||||
11 | and related services required by the child's IEP or services | ||||||
12 | and accommodations required by the child's federal Section 504 | ||||||
13 | plan must be implemented as part of the child's home or | ||||||
14 | hospital instruction, unless the IEP team or federal Section | ||||||
15 | 504 plan team determines that modifications are necessary | ||||||
16 | during the home or hospital instruction due to the child's | ||||||
17 | condition. Eligible children
to be included in any | ||||||
18 | reimbursement under this paragraph must regularly
receive a | ||||||
19 | minimum of one hour of instruction each school day, or in lieu
| ||||||
20 | thereof of a minimum of 5 hours of instruction in each school | ||||||
21 | week in
order to qualify for full reimbursement under this | ||||||
22 | Section. If the
attending physician for such a child has | ||||||
23 | certified that the child should
not receive as many as 5 hours | ||||||
24 | of instruction in a school week, however,
reimbursement under | ||||||
25 | this paragraph on account of that child shall be
computed | ||||||
26 | proportionate to the actual hours of instruction per week for
|
| |||||||
| |||||||
1 | that child divided by 5. The State Board of Education shall | ||||||
2 | establish rules governing the required qualifications of staff | ||||||
3 | providing home or hospital instruction.
| ||||||
4 | (b) (Blank). For children described in Section 14-1.02, 80% | ||||||
5 | of the cost of
transportation approved as a related service in | ||||||
6 | the Individualized Education Program for each student
in order | ||||||
7 | to take advantage of special educational facilities.
| ||||||
8 | Transportation costs shall be determined in the same fashion as | ||||||
9 | provided
in Section 29-5. For purposes of this subsection (b), | ||||||
10 | the dates for
processing claims specified in Section 29-5 shall | ||||||
11 | apply.
| ||||||
12 | (c) For each qualified worker, the annual sum of
$9,000.
| ||||||
13 | (d) For one full time qualified director of the special | ||||||
14 | education
program of each school district which maintains a | ||||||
15 | fully approved program
of special education the annual sum of | ||||||
16 | $9,000. Districts participating in a joint agreement special
| ||||||
17 | education program shall not receive such reimbursement if | ||||||
18 | reimbursement is made
for a director of the joint agreement | ||||||
19 | program.
| ||||||
20 | (e) (Blank).
| ||||||
21 | (f) (Blank).
| ||||||
22 | (g) For readers, working with blind or partially seeing | ||||||
23 | children 1/2
of their salary but not more than $400 annually | ||||||
24 | per child. Readers may
be employed to assist such children and | ||||||
25 | shall not be required to be
certified but prior to employment | ||||||
26 | shall meet standards set up by the
State Board of Education.
|
| |||||||
| |||||||
1 | (h) For non-certified employees, as defined by rules | ||||||
2 | promulgated by the State Board of Education, who deliver | ||||||
3 | services to students with IEPs, 1/2 of the salary paid or
| ||||||
4 | $3,500 per employee, whichever is less.
| ||||||
5 | The State Board of Education shall set standards and | ||||||
6 | prescribe rules
for determining the allocation of | ||||||
7 | reimbursement under this section on
less than a full time basis | ||||||
8 | and for less than a school year.
| ||||||
9 | When any school district eligible for reimbursement under | ||||||
10 | this
Section operates a school or program approved by the State
| ||||||
11 | Superintendent of Education for a number of days in excess of | ||||||
12 | the
adopted school calendar but not to exceed 235 school days, | ||||||
13 | such
reimbursement shall be increased by 1/180 of the amount or | ||||||
14 | rate paid
hereunder for each day such school is operated in | ||||||
15 | excess of 180 days per
calendar year.
| ||||||
16 | Notwithstanding any other provision of law, any school | ||||||
17 | district receiving
a payment under this Section or under | ||||||
18 | Section 14-7.02, 14-7.02b, or 29-0.01
29-5 of this Code may | ||||||
19 | classify all or a portion of the funds that it receives
in a | ||||||
20 | particular fiscal year or from general State aid pursuant to | ||||||
21 | Section
18-8.05 of this Code as
funds received in connection | ||||||
22 | with any funding program for which it is
entitled to receive | ||||||
23 | funds from the State in that fiscal year (including,
without | ||||||
24 | limitation, any funding program referenced in this Section),
| ||||||
25 | regardless of the source or timing of the receipt. The district | ||||||
26 | may not
classify more funds as funds received in connection |
| |||||||
| |||||||
1 | with the funding
program than the district is entitled to | ||||||
2 | receive in that fiscal year for that
program. Any
| ||||||
3 | classification by a district must be made by a resolution of | ||||||
4 | its board of
education. The resolution must identify the amount | ||||||
5 | of any payments or
general State aid to be classified under | ||||||
6 | this paragraph and must specify
the funding program to which | ||||||
7 | the funds are to be treated as received in
connection | ||||||
8 | therewith. This resolution is controlling as to the
| ||||||
9 | classification of funds referenced therein. A certified copy of | ||||||
10 | the
resolution must be sent to the State Superintendent of | ||||||
11 | Education.
The resolution shall still take effect even though a | ||||||
12 | copy of the resolution has
not been sent to the State
| ||||||
13 | Superintendent of Education in a timely manner.
No
| ||||||
14 | classification under this paragraph by a district shall affect | ||||||
15 | the total amount
or timing of money the district is entitled to | ||||||
16 | receive under this Code.
No classification under this paragraph | ||||||
17 | by a district shall
in any way relieve the district from or | ||||||
18 | affect any
requirements that otherwise would apply with respect | ||||||
19 | to
that funding program, including any
accounting of funds by | ||||||
20 | source, reporting expenditures by
original source and purpose,
| ||||||
21 | reporting requirements,
or requirements of providing services.
| ||||||
22 | (Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)
| ||||||
23 | (105 ILCS 5/17-2) (from Ch. 122, par. 17-2)
| ||||||
24 | Sec. 17-2. Tax levies; purposes; rates. Except as otherwise | ||||||
25 | provided in
Articles 12 and 13 of this Act, the following |
| |||||||
| |||||||
1 | maximum rates shall apply to all
taxes levied after August 10, | ||||||
2 | 1965, in districts having a population of less
than 500,000 | ||||||
3 | inhabitants, including those districts organized under Article | ||||||
4 | 11
of the School Code. The school board of any district having | ||||||
5 | a population of
less than 500,000 inhabitants may levy a tax | ||||||
6 | annually, at not to exceed the
maximum rates and for the | ||||||
7 | specified purposes, upon all the taxable property of
the | ||||||
8 | district at the value, as equalized or assessed by the | ||||||
9 | Department of
Revenue as follows:
| ||||||
10 | (1) districts maintaining only grades 1 through 8, .92% | ||||||
11 | for educational
purposes and .25% for operations and | ||||||
12 | maintenance purposes;
| ||||||
13 | (2) districts maintaining only grades 9 through 12, | ||||||
14 | .92% for
educational purposes and .25% for operations and | ||||||
15 | maintenance purposes;
| ||||||
16 | (3) districts maintaining grades 1 through 12, 1.63% | ||||||
17 | for the 1985-86
school year, 1.68% for the 1986-87 school | ||||||
18 | year, 1.75% for the 1987-88
school year and 1.84% for the | ||||||
19 | 1988-89 school year and thereafter for
educational | ||||||
20 | purposes and .405% for the 1989-90 school year, .435% for | ||||||
21 | the
1990-91 school year, .465% for the 1991-92 school year, | ||||||
22 | and .50% for the
1992-93 school year and thereafter for | ||||||
23 | operations and maintenance purposes;
| ||||||
24 | (4) all districts, 0.75% for capital improvement | ||||||
25 | purposes (which is in
addition to the levy for operations | ||||||
26 | and maintenance purposes), which tax is to
be
levied, |
| |||||||
| |||||||
1 | accumulated for not more than 6 years, and spent for | ||||||
2 | capital
improvement purposes (including but not limited to | ||||||
3 | the construction of a new
school building or buildings or | ||||||
4 | the purchase of school grounds on which any new
school | ||||||
5 | building is to be constructed or located, or both) only in | ||||||
6 | accordance
with Section 17-2.3 of this Act;
| ||||||
7 | (5) districts maintaining only grades 1 through 8, .12% | ||||||
8 | for
transportation purposes, provided that districts | ||||||
9 | maintaining only grades
kindergarten through 8 which have | ||||||
10 | an enrollment of at least 2600 students
may levy, subject | ||||||
11 | to Section 17-2.2, at not to exceed a maximum rate of
.20% | ||||||
12 | for transportation purposes for any school year in which | ||||||
13 | the number of
students transported requiring | ||||||
14 | transportation in the district exceeds by at least 2%
the | ||||||
15 | number of students transported requiring transportation in | ||||||
16 | the district during the
preceding school year, as verified | ||||||
17 | in the district's claim for pupil
transportation and | ||||||
18 | reimbursement and as certified by the State Board of
| ||||||
19 | Education to the county clerk of the county in which such | ||||||
20 | district is
located not later than November 15 following | ||||||
21 | the submission of such claim ;
districts maintaining only | ||||||
22 | grades 9 through 12, .12% for transportation
purposes; and | ||||||
23 | districts maintaining grades 1 through 12, 0.24% for the | ||||||
24 | 2013-2014 .14% for the
1985-86 school year, .16% for the | ||||||
25 | 1986-87 school year, .18% for the 1987-88
school year and | ||||||
26 | .20% for the 1988-89 school year and thereafter, for
|
| |||||||
| |||||||
1 | transportation purposes;
| ||||||
2 | (6) districts providing summer classes, .15% for | ||||||
3 | educational
purposes, subject to Section 17-2.1 of this | ||||||
4 | Act.
| ||||||
5 | Whenever any special charter school district operating | ||||||
6 | grades 1
through 12, has organized or shall organize under the | ||||||
7 | general school
law, the district so organized may continue to | ||||||
8 | levy taxes at not to
exceed the rate at which taxes were last | ||||||
9 | actually extended by the
special charter district, except that | ||||||
10 | if such rate at which taxes were
last actually extended by such | ||||||
11 | special charter district was less than
the maximum rate for | ||||||
12 | districts maintaining grades 1 through 12
authorized under this | ||||||
13 | Section, such special charter district
nevertheless may levy | ||||||
14 | taxes at a rate not to exceed the maximum rate for
districts | ||||||
15 | maintaining grades 1 through 12 authorized under this Section,
| ||||||
16 | and except that if any such district maintains only grades 1 | ||||||
17 | through 8,
the board may levy, for educational purposes, at a | ||||||
18 | rate not to exceed
the maximum rate for elementary districts | ||||||
19 | authorized under this Section.
| ||||||
20 | Maximum rates before or after established in excess of | ||||||
21 | those
prescribed shall not be affected by the amendatory Act of | ||||||
22 | 1965.
| ||||||
23 | (Source: P.A. 87-984; 87-1023; 88-45.)
| ||||||
24 | (105 ILCS 5/17-8) (from Ch. 122, par. 17-8)
| ||||||
25 | Sec. 17-8. Transportation costs paid from transportation |
| |||||||
| |||||||
1 | fund. Any transportation operating costs incurred for | ||||||
2 | transporting pupils to
and from school and school sponsored | ||||||
3 | activities and the costs of acquiring
equipment shall be paid | ||||||
4 | from a transportation fund to consist of moneys
received from | ||||||
5 | any tax levy for such purpose, state reimbursement for
| ||||||
6 | transportation, except as provided in Section 29-0.01 of this | ||||||
7 | Code 29-5 , all funds received
from other districts for | ||||||
8 | transporting pupils and any charges for
transportation | ||||||
9 | services rendered to individuals or auxiliary enterprises
of | ||||||
10 | the school.
| ||||||
11 | For the purpose of this Act "transportation operating cost" | ||||||
12 | shall
include all costs of transportation except interest and | ||||||
13 | rental of building
facilities.
| ||||||
14 | (Source: P.A. 85-581.)
| ||||||
15 | (105 ILCS 5/29-0.01 new) | ||||||
16 | Sec. 29-0.01. Transportation by and reimbursement for | ||||||
17 | school districts, area vocational schools, and | ||||||
18 | State-authorized charter schools. | ||||||
19 | (a) This Section applies beginning on July 1, 2013. | ||||||
20 | (b) As used in this Section: | ||||||
21 | "District Average Per Student Transported" means the | ||||||
22 | average number of eligible public and non-public students | ||||||
23 | transported for regular transportation per year, which is | ||||||
24 | calculated by dividing the total number of days students | ||||||
25 | eligible for reimbursable transportation pursuant to |
| |||||||
| |||||||
1 | subsection (d) of this Section are enrolled in the school | ||||||
2 | district by the number of days of student attendance in the | ||||||
3 | school district's final district school year calendar. | ||||||
4 | "Statewide Average Per Student Amount" means the total | ||||||
5 | average number of eligible public and non-public students | ||||||
6 | transported for regular transportation per year across all | ||||||
7 | school districts divided by the cumulative amount of allowable | ||||||
8 | regular transportation costs across all school districts as | ||||||
9 | calculated pursuant to Section 29-0.10 of this Code and | ||||||
10 | applicable rules across all school districts. | ||||||
11 | "District Per Student Transported Amount" means the | ||||||
12 | product of (i) the District Average Per Student Transported and | ||||||
13 | (ii) the Statewide Average Per Student Transported Amount less | ||||||
14 | the District Qualifying Amount. | ||||||
15 | "District Qualifying Amount" means the product of the | ||||||
16 | school district equalized assessed valuation and the | ||||||
17 | qualifying rate as determined by district type. The qualifying | ||||||
18 | rate by district type is (i) 0.05% for a dual district | ||||||
19 | maintaining grades 9 through 12, 0.06% for an elementary school | ||||||
20 | district maintaining grades kindergarten through 8, and 0.07% | ||||||
21 | for unit districts maintaining grades kindergarten through 12, | ||||||
22 | including optional elementary unit districts and combined high | ||||||
23 | school - unit districts; provided that for optional elementary | ||||||
24 | unit districts and combined high school - unit districts, | ||||||
25 | assessed valuation for high school purposes, as defined in | ||||||
26 | Article 11E of this Code, must be used. For purposes of the |
| |||||||
| |||||||
1 | calculation in this paragraph, State-authorized charter | ||||||
2 | schools shall use the equalized assessed valuation of the | ||||||
3 | school district in which the State-authorized charter school is | ||||||
4 | physically located. For purposes of calculating claims for | ||||||
5 | reimbursement under this Section, the equalized assessed | ||||||
6 | valuation shall be computed in the same manner as it is | ||||||
7 | computed under paragraph (2) of subsection (G) of Section | ||||||
8 | 18-8.05 of this Code. | ||||||
9 | "District Regular Transportation Miles" means the total | ||||||
10 | regular route and curricular-related field trip miles for | ||||||
11 | regular transportation per school year. Regular route miles | ||||||
12 | include, but are not limited to, all home-to-school and | ||||||
13 | school-to-home transportation, transportation to the school | ||||||
14 | attended from pick-up points at the beginning of the school day | ||||||
15 | and back again at the close of the school day or to and from | ||||||
16 | students' assigned school during the school day, and | ||||||
17 | transportation for the maintenance and inspection of school | ||||||
18 | buses. | ||||||
19 | "Statewide Average Per Mile Amount" means the total number | ||||||
20 | of eligible miles across all school districts divided by the | ||||||
21 | cumulative amount of allowable regular transportation costs as | ||||||
22 | calculated pursuant to Section 29-0.15 of this Code and | ||||||
23 | applicable rules across all school districts. | ||||||
24 | "District Per Mile Amount" means the product of (i) the | ||||||
25 | District Regular Transportation Miles and (ii) the Statewide | ||||||
26 | Average Per Mile Amount less the District Qualifying Amount. |
| |||||||
| |||||||
1 | (c) School districts, area vocational schools, and | ||||||
2 | State-authorized charter schools may provide transportation | ||||||
3 | for students in prekindergarten through grade 12. | ||||||
4 | Reimbursement and the ability to charge for such transportation | ||||||
5 | shall be governed by this Section and any rules adopted by the | ||||||
6 | State Board of Education in accordance with this Section and is | ||||||
7 | subject to appropriation by the General Assembly. | ||||||
8 | (d) If a school district, area vocational school, or | ||||||
9 | State-authorized charter school provides transportation, it | ||||||
10 | may submit claims for reimbursement and on such claims include | ||||||
11 | the following: | ||||||
12 | (1) resident prekindergarten through grade 12 students | ||||||
13 | residing at least one and one-half miles from the school | ||||||
14 | attended; and | ||||||
15 | (2) resident prekindergarten through grade 12 students | ||||||
16 | residing in an area less than one and one-half miles from | ||||||
17 | the school assigned where conditions are such that walking | ||||||
18 | constitutes a hazard to the safety of the student due to | ||||||
19 | vehicular traffic or rail crossings. The determination as | ||||||
20 | to what constitutes a hazard to the safety of the student | ||||||
21 | for purposes of this subsection (d) shall be made by the | ||||||
22 | school board, in accordance with guidelines promulgated by | ||||||
23 | the Department of Transportation, in consultation with the | ||||||
24 | State Superintendent of Education. | ||||||
25 | A school board, on written petition of the parent or | ||||||
26 | guardian of a student residing in an area less than one and |
| |||||||
| |||||||
1 | one-half miles from the school assigned for whom walking either | ||||||
2 | to or from the school to which a student is assigned or to or | ||||||
3 | from a pick-up point or bus stop constitutes a hazard to the | ||||||
4 | safety of the student in accordance with guidelines promulgated | ||||||
5 | by the Department of Transportation, shall conduct a study and | ||||||
6 | make findings, which the Department of Transportation shall | ||||||
7 | review and approve or disapprove as provided in this Section, | ||||||
8 | to determine whether a safety hazard exists as alleged in the | ||||||
9 | petition. The Department of Transportation shall review the | ||||||
10 | findings of the school board and shall approve or disapprove | ||||||
11 | the school board's determination that a safety hazard exists | ||||||
12 | within 30 days after the school board submits its findings to | ||||||
13 | the Department. The school board shall annually review the | ||||||
14 | conditions and determine whether or not the hazardous | ||||||
15 | conditions remain unchanged. The State Superintendent of | ||||||
16 | Education may request that the Department of Transportation | ||||||
17 | verify that the conditions have not changed. No action shall | ||||||
18 | lie against the school board, the State Superintendent of | ||||||
19 | Education, or the Department of Transportation for decisions | ||||||
20 | made in accordance with this Section. The provisions of the | ||||||
21 | Administrative Review Law and the rules adopted pursuant to the | ||||||
22 | Administrative Review Law shall apply to and govern all | ||||||
23 | proceedings instituted for the judicial review of final | ||||||
24 | administrative decisions of the Department of Transportation | ||||||
25 | under this Section. | ||||||
26 | For the purpose of this subsection (d), one and one-half |
| |||||||
| |||||||
1 | miles shall be measured from the exit of the property where the | ||||||
2 | student resides to the point where students are normally | ||||||
3 | unloaded at the school attended; such distance shall be | ||||||
4 | measured by determining the shortest distance on normally | ||||||
5 | traveled roads, streets, sidewalks, or walking paths. A walking | ||||||
6 | path is considered to be normally traveled if it is open to and | ||||||
7 | used by the general public for pedestrian travel throughout the | ||||||
8 | school year so that students can use the path when walking to | ||||||
9 | and from school. If a student is at a location within the | ||||||
10 | school district other than his or her residence for child care | ||||||
11 | purposes at the time for transportation to school, that | ||||||
12 | location may be considered for purposes of determining the one | ||||||
13 | and one-half miles from the school attended. | ||||||
14 | (e) Beginning with regular transportation claims submitted | ||||||
15 | for the 2012-2013 school year, the State shall reimburse each | ||||||
16 | school district and State-authorized charter school, subject | ||||||
17 | to this Section, the greater of either the "District Per | ||||||
18 | Student Transported Amount" or "District Per Mile Amount". | ||||||
19 | (f) Any school district or State-authorized charter school | ||||||
20 | transporting resident students during the school day to an area | ||||||
21 | vocational school or another school district's vocational | ||||||
22 | program more than one and one-half miles from the school | ||||||
23 | attended, as provided in Sections 10-22.20a and 10-22.22 of | ||||||
24 | this Code, shall be reimbursed by the State for 80% of the cost | ||||||
25 | of transporting eligible students. | ||||||
26 | (g) If an elementary or high school district does not have |
| |||||||
| |||||||
1 | at least a 0.12% transportation fund tax rate or if a unit | ||||||
2 | district does not have at least a 0.24% transportation fund tax | ||||||
3 | rate, the amount of the school district's claim as calculated | ||||||
4 | in this Section shall be reduced by the sum arrived at by | ||||||
5 | subtracting the transportation fund tax rate from 0.12% for | ||||||
6 | elementary and high school districts or 0.24% for unit | ||||||
7 | districts and multiplying that amount by the district's | ||||||
8 | equalized assessed valuation. | ||||||
9 | (h) In Fiscal Year 2014, school districts, area vocational | ||||||
10 | schools, and State-authorized charter schools shall not | ||||||
11 | receive transportation reimbursement under this Section for | ||||||
12 | the prior fiscal year totaling less than 50% of the gross | ||||||
13 | regular and vocational transportation amount reimbursed by the | ||||||
14 | State for transportation in Fiscal Year 2013. In this | ||||||
15 | subsection (h), Fiscal Year 2013 shall be referred to as the | ||||||
16 | base year. In Fiscal Year 2015, all school districts, area | ||||||
17 | vocational schools, and State-authorized charter schools shall | ||||||
18 | receive reimbursement no less than 25% of the base year. This | ||||||
19 | level of funding each fiscal year must be computed first. Any | ||||||
20 | remaining funds must be determined pursuant to the formula set | ||||||
21 | forth in this Section. Beginning in Fiscal Year 2016, school | ||||||
22 | districts, area vocational schools, and State-authorized | ||||||
23 | charter schools shall have all transportation reimbursement | ||||||
24 | claims determined pursuant to the formula set forth in this | ||||||
25 | Section. If the total amount calculated pursuant to this | ||||||
26 | Section is less than the available appropriation, the State |
| |||||||
| |||||||
1 | Board of Education shall proportionally reduce each claim to | ||||||
2 | make total adjusted claims equal the total amount appropriated. | ||||||
3 | (i) A school district, area vocational school, or | ||||||
4 | State-authorized charter school may assess a charge for the | ||||||
5 | provision of transportation, which shall not exceed the actual | ||||||
6 | cost thereof, including a reasonable allowance for deprecation | ||||||
7 | of the vehicles used; provided that any revenue obtained from | ||||||
8 | such charges are included on any claim submitted to the State | ||||||
9 | for reimbursement as an offset to allowable direct costs, and | ||||||
10 | any transportation charges for students living in households | ||||||
11 | that meet the free lunch or breakfast eligibility guidelines | ||||||
12 | established by the federal government pursuant to Section 1758 | ||||||
13 | of the federal Richard B. Russell National School Lunch Act (42 | ||||||
14 | U.S.C. 1758; 7 CFR 245 et seq.) must be waived. | ||||||
15 | Any school district, area vocational school, or | ||||||
16 | State-authorized charter school that participates in a | ||||||
17 | federally funded, school-based, child nutrition program and | ||||||
18 | uses a student's application for, eligibility for, or | ||||||
19 | participation in the federally funded, school-based, child | ||||||
20 | nutrition program (42 U.S.C. 1758; 7 CFR 245 et seq.) as the | ||||||
21 | basis for waiving transportation charges assessed by the school | ||||||
22 | district must follow the verification requirements of the | ||||||
23 | federally funded, school-based, child nutrition program (42 | ||||||
24 | U.S.C. 1758; 7 CFR 245.6a). | ||||||
25 | A school district, area vocational school, or | ||||||
26 | State-authorized charter school that establishes a process for |
| |||||||
| |||||||
1 | the determination of eligibility for waiver of transportation | ||||||
2 | charges assessed by the school district that is completely | ||||||
3 | independent of a student's application for, eligibility for, or | ||||||
4 | participation in a federally funded, school-based, child | ||||||
5 | nutrition program may provide for transportation charge waiver | ||||||
6 | verification no more often than every 60 calendar days. | ||||||
7 | Information obtained during the independent, transportation | ||||||
8 | charge waiver verification process indicating that the student | ||||||
9 | does not meet free lunch or breakfast eligibility guidelines | ||||||
10 | may be used to deny the waiver of the student's transportation | ||||||
11 | charges, provided that any information obtained through this | ||||||
12 | independent process for determining or verifying eligibility | ||||||
13 | for transportation charge waivers must not be used to determine | ||||||
14 | or verify eligibility for any federally funded, school-based, | ||||||
15 | child nutrition program.
| ||||||
16 | (105 ILCS 5/29-0.05 new) | ||||||
17 | Sec. 29-0.05. Transportation for special education | ||||||
18 | students. | ||||||
19 | (a) This Section applies beginning on July 1, 2013. | ||||||
20 | (b) Any school district, State-authorized charter school, | ||||||
21 | or special education cooperative transporting students | ||||||
22 | described in Section 14-1.02 of this Code who require special | ||||||
23 | transportation approved as a related service per the student's | ||||||
24 | individualized education program during the school day shall be | ||||||
25 | reimbursed by the State, subject to appropriation, for 80% of |
| |||||||
| |||||||
1 | the cost of transporting eligible students as provided in | ||||||
2 | Section 29-0.10 of this Code. Special education allowable costs | ||||||
3 | shall include expenditures for the salaries of attendants or | ||||||
4 | aides for that portion of the time they assist special | ||||||
5 | education students while in transit and expenditures for | ||||||
6 | parents and public carriers for transporting special education | ||||||
7 | students when pre-approved by the State Superintendent of | ||||||
8 | Education.
| ||||||
9 | (105 ILCS 5/29-0.10 new) | ||||||
10 | Sec. 29-0.10. Allowable costs for transporting all | ||||||
11 | students. | ||||||
12 | (a) This Section applies beginning on July 1, 2013. | ||||||
13 | (b) The allowable cost of transporting all students is | ||||||
14 | limited to the sum of the direct costs set forth in this | ||||||
15 | Section and any applicable rules, less any | ||||||
16 | transportation-related revenue received, including without | ||||||
17 | limitation fees charged, but not including local tax revenue. | ||||||
18 | Such direct costs are physical examinations required for | ||||||
19 | employment as a school bus driver; the salaries of full or | ||||||
20 | part-time drivers and school bus maintenance personnel; | ||||||
21 | employee benefits, excluding Illinois municipal retirement | ||||||
22 | payments, social security payments, unemployment insurance | ||||||
23 | payments, and workers' compensation insurance premiums; | ||||||
24 | expenditures to independent carriers who operate school buses; | ||||||
25 | payments to other school districts for student transportation |
| |||||||
| |||||||
1 | services; pre-approved contractual expenditures for | ||||||
2 | computerized bus scheduling; the cost of gasoline, oil, tires, | ||||||
3 | and other supplies necessary for the operation of school buses; | ||||||
4 | the cost of converting buses' gasoline engines to more fuel | ||||||
5 | efficient engines or to engines that use alternative energy | ||||||
6 | sources; the cost of travel to meetings and workshops conducted | ||||||
7 | by the regional superintendent of schools or the State | ||||||
8 | Superintendent of Education pursuant to the standards | ||||||
9 | established by the Secretary of State under Section 6-106.1 of | ||||||
10 | the Illinois Vehicle Code to improve the driving skills of | ||||||
11 | school bus drivers; the cost of maintenance of school buses, | ||||||
12 | including parts and materials used; expenditures for leasing | ||||||
13 | transportation vehicles, except interest and service charges; | ||||||
14 | the cost of insurance and licenses for transportation vehicles; | ||||||
15 | expenditures for the rental of transportation equipment; and a | ||||||
16 | depreciation allowance of 20% for 5 years for school buses | ||||||
17 | transporting students to and from school and a depreciation | ||||||
18 | allowance of 10% for 10 years for other transportation | ||||||
19 | equipment so used. | ||||||
20 | (c) Each school year, if a school district has made | ||||||
21 | expenditures to the Regional Transportation Authority or any of | ||||||
22 | its service boards, a mass transit district, or an urban | ||||||
23 | transportation district under an intergovernmental agreement | ||||||
24 | with the school district to provide for the transportation of | ||||||
25 | students and if the public transit carrier received direct | ||||||
26 | payment for services or passes from the school district within |
| |||||||
| |||||||
1 | its service area during the 2000-2001 school year, then the | ||||||
2 | allowable direct cost of transporting students for regular, | ||||||
3 | vocational, and special education transportation shall also | ||||||
4 | include the expenditures that the school district has made to | ||||||
5 | the public transit carrier. In addition to these allowable | ||||||
6 | costs, school districts shall also claim all transportation | ||||||
7 | supervisory salary costs, including Illinois municipal | ||||||
8 | retirement payments, and all transportation-related building | ||||||
9 | and building maintenance costs without limitation. | ||||||
10 | (d) Indirect costs must be included in the reimbursement | ||||||
11 | claim for school districts that own and operate their own | ||||||
12 | school buses. Such indirect costs shall include administrative | ||||||
13 | costs or any costs attributable to transporting students from | ||||||
14 | their schools to another school building for instructional | ||||||
15 | purposes. No school district that owns and operates its own | ||||||
16 | school buses may claim reimbursement for indirect costs that | ||||||
17 | exceed 5% of the total allowable direct costs for | ||||||
18 | transportation. | ||||||
19 | (e) The State Board of Education shall prescribe rules | ||||||
20 | related to the provision of and reimbursement for student | ||||||
21 | transportation.
| ||||||
22 | (105 ILCS 5/29-0.15 new) | ||||||
23 | Sec. 29-0.15. Submission of claims and receipt of funds. | ||||||
24 | (a) This Section applies beginning on July 1, 2013. | ||||||
25 | (b) On or before August 15, annually, the chief school |
| |||||||
| |||||||
1 | administrator for the school district, area vocational school, | ||||||
2 | special education cooperative, or State-authorized charter | ||||||
3 | school shall certify to the State Superintendent of Education | ||||||
4 | the entity's claim for reimbursement for the school year ending | ||||||
5 | on June 30 preceding. The State Superintendent of Education | ||||||
6 | shall check and approve the claims and prepare the vouchers | ||||||
7 | showing the amounts due. Each fiscal year, the State | ||||||
8 | Superintendent of Education shall prepare and transmit the | ||||||
9 | first 3 vouchers to the Comptroller on the 30th day of | ||||||
10 | September, December, and March, respectively, and the final | ||||||
11 | voucher no later than June 20. | ||||||
12 | (c) All reimbursements received from the State shall be | ||||||
13 | deposited into the transportation fund or into the fund from | ||||||
14 | which the allowable expenditures were made. Notwithstanding | ||||||
15 | any other provision of law, any school district receiving a | ||||||
16 | payment under this Section or under Section 14-7.02, 14-7.02b, | ||||||
17 | or 14-13.01 of this Code may classify all or a portion of the | ||||||
18 | funds that it receives in a particular fiscal year or from | ||||||
19 | general State aid pursuant to Section 18-8.05 of this Code as | ||||||
20 | funds received in connection with any funding program for which | ||||||
21 | it is entitled to receive funds from the State in that fiscal | ||||||
22 | year (including without limitation any funding program | ||||||
23 | referenced in this Section), regardless of the source or timing | ||||||
24 | of the receipt. The district may not classify more funds as | ||||||
25 | funds received in connection with the funding program than the | ||||||
26 | district is entitled to receive in that fiscal year for that |
| |||||||
| |||||||
1 | program. Any classification by a district must be made by a | ||||||
2 | resolution of its school board. The resolution must identify | ||||||
3 | the amount of any payments or general State aid to be | ||||||
4 | classified under this subsection (c) and must specify the | ||||||
5 | funding program to which the funds are to be treated as | ||||||
6 | received in connection therewith. This resolution is | ||||||
7 | controlling as to the classification of funds referenced | ||||||
8 | therein. A certified copy of the resolution must be sent to the | ||||||
9 | State Superintendent of Education. The resolution shall still | ||||||
10 | take effect even though a copy of the resolution has not been | ||||||
11 | sent to the State Superintendent of Education in a timely | ||||||
12 | manner. No classification under this subsection (c) by a | ||||||
13 | district shall affect the total amount or timing of money the | ||||||
14 | district is entitled to receive under this Code. No | ||||||
15 | classification under this subsection (c) by a district shall in | ||||||
16 | any way relieve the district from or affect any requirements | ||||||
17 | that otherwise would apply with respect to that funding | ||||||
18 | program, including any accounting of funds by source, reporting | ||||||
19 | expenditures by original source and purpose, reporting | ||||||
20 | requirements, or requirements of providing services. Any | ||||||
21 | school district with a population of not more than 500,000 must | ||||||
22 | deposit all funds received under this Article into the | ||||||
23 | transportation fund and use those funds for the provision of | ||||||
24 | transportation services.
| ||||||
25 | (105 ILCS 5/29-1) (from Ch. 122, par. 29-1)
|
| |||||||
| |||||||
1 | Sec. 29-1.
Free
transportation of pupils.
| ||||||
2 | School boards may provide free transportation for pupils, | ||||||
3 | as prescribed
in Section 10--22.22.
| ||||||
4 | This Section is repealed on July 1, 2013. | ||||||
5 | (Source: Laws 1961, p. 31.)
| ||||||
6 | (105 ILCS 5/29-2) (from Ch. 122, par. 29-2)
| ||||||
7 | Sec. 29-2. Transportation of pupils less than one and | ||||||
8 | one-half miles from school.
| ||||||
9 | School boards may provide transportation for pupils living | ||||||
10 | less than one
and one-half miles as measured by the customary | ||||||
11 | route of travel from the
school attended and may make a charge | ||||||
12 | for such transportation in an amount
of not to exceed the cost | ||||||
13 | thereof, which shall include a reasonable
allowance for | ||||||
14 | depreciation of the vehicles so used.
| ||||||
15 | This Section is repealed on July 1, 2013. | ||||||
16 | (Source: Laws 1961, p. 31.)
| ||||||
17 | (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
| ||||||
18 | Sec. 29-3. Transportation in school districts. School | ||||||
19 | boards
of community consolidated districts, community unit
| ||||||
20 | districts, consolidated districts, consolidated high school
| ||||||
21 | districts, optional elementary unit districts, combined high | ||||||
22 | school - unit districts, combined school districts if the | ||||||
23 | combined district
includes any district which was previously | ||||||
24 | required to provide
transportation, and any newly created |
| |||||||
| |||||||
1 | elementary or high school districts resulting from a high | ||||||
2 | school - unit conversion, a unit to dual conversion, or a | ||||||
3 | multi-unit conversion if the newly created district includes | ||||||
4 | any area that was previously required to provide transportation | ||||||
5 | shall provide free transportation
for pupils residing at a | ||||||
6 | distance of one and one-half miles or more from
any school to | ||||||
7 | which they are assigned for attendance maintained within the
| ||||||
8 | district, except for those pupils for whom the school board | ||||||
9 | shall certify to
the State Board of Education that adequate | ||||||
10 | transportation for the public is
available.
| ||||||
11 | For the purpose of this Act 1 1/2 miles distance shall be | ||||||
12 | from the exit
of the property where the pupil resides to the | ||||||
13 | point where pupils are normally
unloaded at the school | ||||||
14 | attended; such distance shall be measured by determining
the | ||||||
15 | shortest distance on normally traveled roads or streets.
| ||||||
16 | Such school board may comply with the provisions of this | ||||||
17 | Section by
providing free transportation for pupils to and from | ||||||
18 | an assigned school
and a pick-up point located not more than | ||||||
19 | one and one-half miles from
the home of each pupil assigned to | ||||||
20 | such point.
| ||||||
21 | For the purposes of this Act "adequate transportation for | ||||||
22 | the public"
shall be assumed to exist for such pupils as can | ||||||
23 | reach school by
walking, one way, along normally traveled roads | ||||||
24 | or streets
less than 1
1/2 miles irrespective of the distance | ||||||
25 | the
pupil is transported by public transportation.
| ||||||
26 | In addition to the other requirements of this Section, each |
| |||||||
| |||||||
1 | school board may
provide free transportation for any pupil | ||||||
2 | residing within 1 1/2 miles from the
school attended where | ||||||
3 | conditions are such that walking, either to or from the
school | ||||||
4 | to which a pupil is assigned for attendance or to or from a | ||||||
5 | pick-up
point or bus stop, constitutes a serious hazard to the | ||||||
6 | safety of the pupil
due to vehicular traffic or rail crossings. | ||||||
7 | Such transportation shall not
be provided if adequate | ||||||
8 | transportation for the public is available.
| ||||||
9 | The determination as to what constitutes a serious safety | ||||||
10 | hazard shall
be made by the school board, in accordance with | ||||||
11 | guidelines promulgated by
the Illinois Department of | ||||||
12 | Transportation, in consultation with the State
Superintendent | ||||||
13 | of Education. A school board, on written petition of the
parent | ||||||
14 | or guardian of a pupil for whom adequate transportation for the | ||||||
15 | public
is alleged not to exist because the pupil is required to | ||||||
16 | walk along normally
traveled roads or streets where walking is | ||||||
17 | alleged to constitute a serious
safety hazard due to vehicular | ||||||
18 | traffic or rail crossings, or who is required to
walk between | ||||||
19 | the
pupil's home and assigned school or between the pupil's | ||||||
20 | home or assigned school
and a pick-up point or bus stop along | ||||||
21 | roads or streets where walking is alleged
to constitute a | ||||||
22 | serious safety hazard due to vehicular traffic or rail
| ||||||
23 | crossings, shall conduct a
study and make findings, which the | ||||||
24 | Department of Transportation shall review
and approve
or | ||||||
25 | disapprove as provided in this Section, to determine whether a | ||||||
26 | serious
safety hazard exists as alleged in the petition. The
|
| |||||||
| |||||||
1 | Department of Transportation shall review
the findings of the | ||||||
2 | school board and shall approve or disapprove the school
board's | ||||||
3 | determination that a serious safety hazard exists within 30 | ||||||
4 | days
after the school board submits its findings to the | ||||||
5 | Department. The school board
shall annually review the | ||||||
6 | conditions and determine whether or not the hazardous | ||||||
7 | conditions remain unchanged. The
State Superintendent of | ||||||
8 | Education may request that the Illinois Department
of | ||||||
9 | Transportation verify that the conditions have not changed. No | ||||||
10 | action
shall lie against the school board, the State | ||||||
11 | Superintendent of Education
or the Illinois Department of | ||||||
12 | Transportation for decisions made in accordance
with this | ||||||
13 | Section. The provisions of the Administrative Review Law and | ||||||
14 | all
amendments and modifications thereof and the rules adopted | ||||||
15 | pursuant thereto
shall apply to and govern all proceedings | ||||||
16 | instituted for the judicial
review of final administrative | ||||||
17 | decisions of the Department of
Transportation under this | ||||||
18 | Section.
| ||||||
19 | This Section is repealed on July 1, 2013. | ||||||
20 | (Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
| ||||||
21 | (105 ILCS 5/29-3.2a) (from Ch. 122, par. 29-3.2a)
| ||||||
22 | Sec. 29-3.2a.
Transportation to and from summer school | ||||||
23 | sessions. )
The school board of any school district that | ||||||
24 | provides transportation for
pupils to and from the school | ||||||
25 | attended may provide transportation for
pupils to and from |
| |||||||
| |||||||
1 | school during that period of the calendar year not
embraced | ||||||
2 | with the regular school term in which courses are taught for | ||||||
3 | any
pupils of the district who might participate, and may make | ||||||
4 | a charge for
such transportation in an amount not to exceed the | ||||||
5 | cost thereof, which may
include a reasonable allowance for | ||||||
6 | depreciation of the vehicles so
used; provided no charge shall | ||||||
7 | be made for transportation of the types of
children defined in | ||||||
8 | Sections 14-1.02 through 14-1.03a 14-1.07 of this Code Act and | ||||||
9 | school
boards providing such transportation shall be | ||||||
10 | reimbursed pursuant to Section 29-0.05
14-13.01 of this Code | ||||||
11 | Act .
| ||||||
12 | (Source: P.A. 79-203.)
| ||||||
13 | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | ||||||
14 | Sec. 29-5. Reimbursement by State for transportation. Any | ||||||
15 | school
district, maintaining a school, transporting resident | ||||||
16 | pupils to another
school district's vocational program, | ||||||
17 | offered through a joint agreement
approved by the State Board | ||||||
18 | of Education, as provided in Section
10-22.22 or transporting | ||||||
19 | its resident pupils to a school which meets the
standards for | ||||||
20 | recognition as established by the State Board of Education
| ||||||
21 | which provides transportation meeting the standards of safety, | ||||||
22 | comfort,
convenience, efficiency and operation prescribed by | ||||||
23 | the State Board of
Education for resident pupils in | ||||||
24 | kindergarten or any of grades 1 through
12 who: (a) reside at | ||||||
25 | least 1 1/2 miles as measured by the customary route of
travel, |
| |||||||
| |||||||
1 | from the school attended; or (b) reside in areas where | ||||||
2 | conditions are
such that walking constitutes a hazard to the | ||||||
3 | safety of the child when
determined under Section 29-3; and (c) | ||||||
4 | are transported to the school attended
from pick-up points at | ||||||
5 | the beginning of the school day and back again at the
close of | ||||||
6 | the school day or transported to and from their assigned | ||||||
7 | attendance
centers during the school day, shall be reimbursed | ||||||
8 | by the State as hereinafter
provided in this Section.
| ||||||
9 | The State will pay the cost of transporting eligible pupils | ||||||
10 | less the
assessed valuation in a dual school district | ||||||
11 | maintaining secondary
grades 9 to 12 inclusive times a | ||||||
12 | qualifying rate of .05%; in elementary
school districts | ||||||
13 | maintaining grades K to 8 times a qualifying rate of
.06%; and | ||||||
14 | in unit districts maintaining grades K to 12, including | ||||||
15 | optional elementary unit districts and combined high school - | ||||||
16 | unit districts, times a qualifying
rate of .07%; provided that | ||||||
17 | for optional elementary unit districts and combined high school - | ||||||
18 | unit districts, assessed valuation for high school purposes, | ||||||
19 | as defined in Article 11E of this Code, must be used. To be | ||||||
20 | eligible to receive reimbursement in excess of 4/5
of the cost | ||||||
21 | to transport eligible pupils, a school district shall have a
| ||||||
22 | Transportation Fund tax rate of at least .12%. If a school | ||||||
23 | district
does not have a .12% Transportation Fund tax rate, the | ||||||
24 | amount of its
claim in excess of 4/5 of the cost of | ||||||
25 | transporting pupils shall be
reduced by the sum arrived at by | ||||||
26 | subtracting the Transportation Fund tax
rate from .12% and |
| |||||||
| |||||||
1 | multiplying that amount by the districts equalized or
assessed | ||||||
2 | valuation, provided, that in no case shall said reduction
| ||||||
3 | result in reimbursement of less than 4/5 of the cost to | ||||||
4 | transport
eligible pupils.
| ||||||
5 | The minimum amount to be received by a district is $16 | ||||||
6 | times the
number of eligible pupils transported.
| ||||||
7 | When calculating the reimbursement for transportation | ||||||
8 | costs, the State Board of Education may not deduct the number | ||||||
9 | of pupils enrolled in early education programs from the number | ||||||
10 | of pupils eligible for reimbursement if the pupils enrolled in | ||||||
11 | the early education programs are transported at the same time | ||||||
12 | as other eligible pupils.
| ||||||
13 | Any such district transporting resident pupils during the | ||||||
14 | school day
to an area vocational school or another school | ||||||
15 | district's vocational
program more than 1 1/2 miles from the | ||||||
16 | school attended, as provided in
Sections 10-22.20a and | ||||||
17 | 10-22.22, shall be reimbursed by the State for 4/5
of the cost | ||||||
18 | of transporting eligible pupils.
| ||||||
19 | School day means that period of time which the pupil is | ||||||
20 | required to be
in attendance for instructional purposes.
| ||||||
21 | If a pupil is at a location within the school district | ||||||
22 | other than his
residence for child care purposes at the time | ||||||
23 | for transportation to school,
that location may be considered | ||||||
24 | for purposes of determining the 1 1/2 miles
from the school | ||||||
25 | attended.
| ||||||
26 | Claims for reimbursement that include children who attend |
| |||||||
| |||||||
1 | any school
other than a public school shall show the number of | ||||||
2 | such children
transported.
| ||||||
3 | Claims for reimbursement under this Section shall not be | ||||||
4 | paid for the
transportation of pupils for whom transportation | ||||||
5 | costs are claimed for
payment under other Sections of this Act.
| ||||||
6 | The allowable direct cost of transporting pupils for | ||||||
7 | regular, vocational,
and special education pupil | ||||||
8 | transportation shall be limited to the sum of
the cost of | ||||||
9 | physical examinations required for employment as a school bus
| ||||||
10 | driver; the salaries of full or part-time drivers and school | ||||||
11 | bus maintenance
personnel; employee benefits excluding | ||||||
12 | Illinois municipal retirement
payments, social security | ||||||
13 | payments, unemployment insurance payments and
workers' | ||||||
14 | compensation insurance premiums; expenditures to independent
| ||||||
15 | carriers who operate school buses; payments to other school | ||||||
16 | districts for
pupil transportation services; pre-approved | ||||||
17 | contractual expenditures for
computerized bus scheduling; the | ||||||
18 | cost of gasoline, oil, tires, and other
supplies necessary for | ||||||
19 | the operation of school buses; the cost of
converting buses' | ||||||
20 | gasoline engines to more fuel efficient engines or to
engines | ||||||
21 | which use alternative energy sources; the cost of travel to
| ||||||
22 | meetings and workshops conducted by the regional | ||||||
23 | superintendent or the
State Superintendent of Education | ||||||
24 | pursuant to the standards established by
the Secretary of State | ||||||
25 | under Section 6-106 of the Illinois Vehicle Code to improve the | ||||||
26 | driving skills of
school bus drivers; the cost of maintenance |
| |||||||
| |||||||
1 | of school buses including parts
and materials used; | ||||||
2 | expenditures for leasing transportation vehicles,
except | ||||||
3 | interest and service charges; the cost of insurance and | ||||||
4 | licenses for
transportation vehicles; expenditures for the | ||||||
5 | rental of transportation
equipment; plus a depreciation | ||||||
6 | allowance of 20% for 5 years for school
buses and vehicles | ||||||
7 | approved for transporting pupils to and from school and
a | ||||||
8 | depreciation allowance of 10% for 10 years for other | ||||||
9 | transportation
equipment so used.
Each school year, if a school | ||||||
10 | district has made expenditures to the
Regional Transportation | ||||||
11 | Authority or any of its service boards, a mass
transit | ||||||
12 | district, or an urban transportation district under an
| ||||||
13 | intergovernmental agreement with the district to provide for | ||||||
14 | the
transportation of pupils and if the public transit carrier | ||||||
15 | received direct
payment for services or passes from a school | ||||||
16 | district within its service
area during the 2000-2001 school | ||||||
17 | year, then the allowable direct cost of
transporting pupils for | ||||||
18 | regular, vocational, and special education pupil
| ||||||
19 | transportation shall also include the expenditures that the | ||||||
20 | district has
made to the public transit carrier.
In addition to | ||||||
21 | the above allowable costs school
districts shall also claim all | ||||||
22 | transportation supervisory salary costs,
including Illinois | ||||||
23 | municipal retirement payments, and all transportation
related | ||||||
24 | building and building maintenance costs without limitation.
| ||||||
25 | Special education allowable costs shall also include | ||||||
26 | expenditures for the
salaries of attendants or aides for that |
| |||||||
| |||||||
1 | portion of the time they assist
special education pupils while | ||||||
2 | in transit and expenditures for parents and
public carriers for | ||||||
3 | transporting special education pupils when pre-approved
by the | ||||||
4 | State Superintendent of Education.
| ||||||
5 | Indirect costs shall be included in the reimbursement claim | ||||||
6 | for districts
which own and operate their own school buses. | ||||||
7 | Such indirect costs shall
include administrative costs, or any | ||||||
8 | costs attributable to transporting
pupils from their | ||||||
9 | attendance centers to another school building for
| ||||||
10 | instructional purposes. No school district which owns and | ||||||
11 | operates its own
school buses may claim reimbursement for | ||||||
12 | indirect costs which exceed 5% of
the total allowable direct | ||||||
13 | costs for pupil transportation.
| ||||||
14 | The State Board of Education shall prescribe uniform | ||||||
15 | regulations for
determining the above standards and shall | ||||||
16 | prescribe forms of cost
accounting and standards of determining | ||||||
17 | reasonable depreciation. Such
depreciation shall include the | ||||||
18 | cost of equipping school buses with the
safety features | ||||||
19 | required by law or by the rules, regulations and standards
| ||||||
20 | promulgated by the State Board of Education, and the Department | ||||||
21 | of
Transportation for the safety and construction of school | ||||||
22 | buses provided,
however, any equipment cost reimbursed by the | ||||||
23 | Department of Transportation
for equipping school buses with | ||||||
24 | such safety equipment shall be deducted
from the allowable cost | ||||||
25 | in the computation of reimbursement under this
Section in the | ||||||
26 | same percentage as the cost of the equipment is depreciated.
|
| |||||||
| |||||||
1 | On or before August 15, annually, the chief school | ||||||
2 | administrator for
the district shall certify to the State | ||||||
3 | Superintendent of Education the
district's claim for | ||||||
4 | reimbursement for the school year ending on June 30
next | ||||||
5 | preceding. The State Superintendent of Education shall check | ||||||
6 | and
approve the claims and prepare the vouchers showing the | ||||||
7 | amounts due for
district reimbursement claims. Each fiscal | ||||||
8 | year, the State
Superintendent of Education shall prepare and | ||||||
9 | transmit the first 3
vouchers to the Comptroller on the 30th | ||||||
10 | day of September, December and
March, respectively, and the | ||||||
11 | final voucher, no later than June 20.
| ||||||
12 | If the amount appropriated for transportation | ||||||
13 | reimbursement is insufficient
to fund total claims for any | ||||||
14 | fiscal year, the State Board of Education shall
reduce each | ||||||
15 | school district's allowable costs and flat grant amount
| ||||||
16 | proportionately to make total adjusted claims equal the total | ||||||
17 | amount
appropriated.
| ||||||
18 | For purposes of calculating claims for reimbursement under | ||||||
19 | this Section
for any school year beginning July 1, 1998, or | ||||||
20 | thereafter, the
equalized
assessed valuation for a school | ||||||
21 | district used to compute reimbursement
shall be computed in the | ||||||
22 | same manner as it is computed under paragraph (2) of
subsection | ||||||
23 | (G) of Section 18-8.05.
| ||||||
24 | All reimbursements received from the State shall be | ||||||
25 | deposited into the
district's transportation fund or into the | ||||||
26 | fund from which the allowable
expenditures were made.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of law, any school | ||||||
2 | district receiving
a payment under this Section or under | ||||||
3 | Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may | ||||||
4 | classify all or a portion of the funds that it
receives in a | ||||||
5 | particular fiscal year or from general State aid pursuant to
| ||||||
6 | Section 18-8.05 of this Code
as funds received in connection | ||||||
7 | with any funding program for which it is
entitled to receive | ||||||
8 | funds from the State in that fiscal year (including,
without | ||||||
9 | limitation, any funding program referenced in this Section),
| ||||||
10 | regardless of the source or timing of the receipt. The district | ||||||
11 | may not
classify more funds as funds received in connection | ||||||
12 | with the funding
program than the district is entitled to | ||||||
13 | receive in that fiscal year for that
program. Any
| ||||||
14 | classification by a district must be made by a resolution of | ||||||
15 | its board of
education. The resolution must identify the amount | ||||||
16 | of any payments or
general State aid to be classified under | ||||||
17 | this paragraph and must specify
the funding program to which | ||||||
18 | the funds are to be treated as received in
connection | ||||||
19 | therewith. This resolution is controlling as to the
| ||||||
20 | classification of funds referenced therein. A certified copy of | ||||||
21 | the
resolution must be sent to the State Superintendent of | ||||||
22 | Education.
The resolution shall still take effect even though a | ||||||
23 | copy of the resolution has
not been sent to the State
| ||||||
24 | Superintendent of Education in a timely manner.
No
| ||||||
25 | classification under this paragraph by a district shall affect | ||||||
26 | the total amount
or timing of money the district is entitled to |
| |||||||
| |||||||
1 | 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 | Any school district with a population of not more than | ||||||
8 | 500,000
must deposit all funds received under this Article into | ||||||
9 | the transportation
fund and use those funds for the provision | ||||||
10 | of transportation services.
| ||||||
11 | This Section is repealed on July 1, 2013. | ||||||
12 | (Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
| ||||||
13 | (105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2)
| ||||||
14 | Sec. 29-5.2. Reimbursement of transportation.
| ||||||
15 | (a) Reimbursement. A
custodian of a qualifying pupil shall | ||||||
16 | be entitled to reimbursement in
accordance with procedures | ||||||
17 | established by the State Board of Education for
qualified | ||||||
18 | transportation expenses paid by such custodian during the | ||||||
19 | school
year.
| ||||||
20 | (b) Definitions. As used in this Section:
| ||||||
21 | (1) "Qualifying pupil" means an individual referred to in | ||||||
22 | subsection
(c), as well as an individual who:
| ||||||
23 | (A) is a resident of the State of Illinois; and
| ||||||
24 | (B) is under the age of 21 at the close of the school year | ||||||
25 | for which
reimbursement is sought; and
|
| |||||||
| |||||||
1 | (C) during the school year for which reimbursement is | ||||||
2 | sought was a
full-time pupil enrolled in a kindergarten through | ||||||
3 | 12th grade educational
program at a school which was a distance | ||||||
4 | of 1 1/2 miles or more from the
residence of such pupil; and
| ||||||
5 | (D) did not live within 1 1/2 miles from the school in | ||||||
6 | which the pupil
was enrolled or have access to transportation | ||||||
7 | provided entirely at public
expense to and from that school and | ||||||
8 | a point within 1 1/2 miles of the
pupil's residence, measured | ||||||
9 | in a manner consistent with Section 29-0.01 of this Code 29-3 .
| ||||||
10 | (2) "Qualified transportation expenses" means costs | ||||||
11 | reasonably incurred
by the custodian to transport, for the | ||||||
12 | purposes of attending regularly
scheduled day-time classes, a | ||||||
13 | qualifying pupil between such qualifying
pupil's residence and | ||||||
14 | the school at which such qualifying pupil is
enrolled, as | ||||||
15 | limited in subsection (e) of this Section, and shall include
| ||||||
16 | automobile expenses at the standard mileage rate allowed by the | ||||||
17 | United States
Internal Revenue Service as reimbursement for | ||||||
18 | business transportation
expense, as well as payments to mass | ||||||
19 | transit carriers, private carriers,
and contractual fees for | ||||||
20 | transportation.
| ||||||
21 | (3) "School" means a public or nonpublic elementary or | ||||||
22 | secondary school
in Illinois, attendance at which satisfies the | ||||||
23 | requirements of Section 26-1.
| ||||||
24 | (4) One and one-half miles distance. For the purposes of | ||||||
25 | this Section, 1
1/2 miles distance shall be measured in a | ||||||
26 | manner consistent with Section 29-0.01 of this Code 29-3 .
|
| |||||||
| |||||||
1 | (5) Custodian. The term "custodian" shall mean, with | ||||||
2 | respect to a
qualifying pupil, an Illinois resident who is the | ||||||
3 | parent, or parents,
or legal guardian of such qualifying pupil.
| ||||||
4 | (c) An individual, resident of the State of Illinois, who | ||||||
5 | is under
the age of 21 at the close of the
school year for which | ||||||
6 | reimbursement is sought and who, during that school
year, was a | ||||||
7 | full time pupil enrolled in a kindergarten through 12th grade
| ||||||
8 | educational program at a school which was within 1 1/2 miles of | ||||||
9 | the pupil's
residence, measured in a manner consistent with | ||||||
10 | Section 29-0.01 of this Code 29-3 , is a
"qualifying pupil" | ||||||
11 | within the meaning of this Section if: (i) such pupil
did not | ||||||
12 | have access to transportation provided entirely at public | ||||||
13 | expense
to and from that school and the pupil's residence, and | ||||||
14 | (ii) conditions were
such that walking would have constituted a | ||||||
15 | serious hazard to the safety of
the pupil due to vehicular | ||||||
16 | traffic. The determination of what constitutes
a serious safety | ||||||
17 | hazard within the meaning of this subsection shall in each
case | ||||||
18 | be made by the Department of Transportation in accordance with
| ||||||
19 | guidelines which the Department, in consultation with the State
| ||||||
20 | Superintendent of Education, shall promulgate. Each custodian | ||||||
21 | intending to
file an application for reimbursement under | ||||||
22 | subsection (d) for expenditures
incurred or to be incurred with | ||||||
23 | respect to a pupil asserted to be a
qualified pupil as an | ||||||
24 | individual referred to in this subsection shall first
file with | ||||||
25 | the appropriate regional superintendent, on forms provided by | ||||||
26 | the
State Board of Education, a request for a determination |
| |||||||
| |||||||
1 | that a serious
safety hazard within the meaning of this | ||||||
2 | subsection (c) exists with respect
to such pupil. Custodians | ||||||
3 | shall file such forms with the appropriate
regional | ||||||
4 | superintendents not later than February 1 of the school year | ||||||
5 | for
which reimbursement will be sought for transmittal by the | ||||||
6 | regional
superintendents to the Department of Transportation | ||||||
7 | not later than February
15; except that any custodian who | ||||||
8 | previously received a determination
that a serious safety | ||||||
9 | hazard exists need not resubmit such a request for 4
years but | ||||||
10 | instead may certify on their application for reimbursement to | ||||||
11 | the State
Board of Education referred to in subsection (d), | ||||||
12 | that the conditions found
to be hazardous, as previously | ||||||
13 | determined by the Department, remain
unchanged. The Department | ||||||
14 | shall make its determination on all requests so
transmitted to | ||||||
15 | it within 30 days, and shall thereupon forward notice of
each | ||||||
16 | determination which it has made to the appropriate regional
| ||||||
17 | superintendent for immediate transmittal to the custodian | ||||||
18 | affected thereby.
The determination of the Department relative | ||||||
19 | to what constitutes a serious
safety hazard within the meaning | ||||||
20 | of subsection (c) with respect to any
pupil shall be deemed an | ||||||
21 | "administrative decision" as defined in Section
3-101 of the | ||||||
22 | Administrative Review Law; and the Administrative Review Law
| ||||||
23 | and all amendments and modifications thereof and rules adopted | ||||||
24 | pursuant
thereto shall apply to and govern all proceedings | ||||||
25 | instituted for the
judicial review of final administrative | ||||||
26 | decisions of the Department of
Transportation under this |
| |||||||
| |||||||
1 | subsection.
| ||||||
2 | (d) Request for reimbursement. A custodian, including a
| ||||||
3 | custodian for a pupil asserted to be a qualified pupil as an | ||||||
4 | individual
referred to in subsection (c), who applies in | ||||||
5 | accordance
with procedures established by the State Board of | ||||||
6 | Education shall be
reimbursed in accordance with the dollar | ||||||
7 | limits set out in this Section.
Such procedures shall require | ||||||
8 | application no later than June 30 of each
year, documentation | ||||||
9 | as to eligibility, and adequate evidence of
expenditures; | ||||||
10 | except that for reimbursement sought pursuant to subsection
(c) | ||||||
11 | for the 1985-1986 school year, such procedures shall require
| ||||||
12 | application within 21 days after the determination of the | ||||||
13 | Department of
Transportation with respect to that school year | ||||||
14 | is transmitted by the
regional superintendent to the affected | ||||||
15 | custodian. In the absence of
contemporaneous records, an | ||||||
16 | affidavit by
the custodian may be accepted as evidence of an | ||||||
17 | expenditure. If the amount
appropriated for such reimbursement | ||||||
18 | for any year is less than the amount
due each custodian, it | ||||||
19 | shall be apportioned on the basis of the requests
approved. | ||||||
20 | Regional Superintendents shall be reimbursed for such costs of
| ||||||
21 | administering the program, including costs incurred in | ||||||
22 | administering the
provisions of subsection (c), as the State | ||||||
23 | Board of Education determines are
reasonable and necessary.
| ||||||
24 | (e) Dollar limit on amount of reimbursement. Reimbursement | ||||||
25 | to custodians
for transportation expenses incurred during the | ||||||
26 | 1985-1986 school year,
payable in fiscal year 1987, shall be |
| |||||||
| |||||||
1 | equal to the lesser of (1) the actual
qualified transportation | ||||||
2 | expenses, or (2) $50 per pupil. Reimbursement to
custodians for | ||||||
3 | transportation expenses incurred during the 1986-1987 school
| ||||||
4 | year, payable in fiscal year 1988, shall be equal to the lesser | ||||||
5 | of (1) the
actual qualified transportation expenses, or (2) | ||||||
6 | $100 per pupil. For
reimbursements of qualified transportation | ||||||
7 | expenses incurred in 1987-1988
and thereafter, the amount of | ||||||
8 | reimbursement shall not exceed the prior
year's State | ||||||
9 | reimbursement per pupil for transporting pupils as required by
| ||||||
10 | Section 29-0.01 of this Code 29-3 and other provisions of this | ||||||
11 | Article.
| ||||||
12 | (f) Rules and regulations. The State Board of Education
| ||||||
13 | shall adopt rules to implement this Section.
| ||||||
14 | (g) The provisions of this amendatory Act of 1986 shall | ||||||
15 | apply according to
their terms to the entire 1985-1986 school | ||||||
16 | year, including any portion of
that school year which elapses | ||||||
17 | prior to the effective date of this
amendatory Act, and to each | ||||||
18 | subsequent school year.
| ||||||
19 | (h) The chief administrative officer of each school shall | ||||||
20 | notify
custodians of qualifying pupils that reimbursements are | ||||||
21 | available.
Notification shall occur by the first Monday in | ||||||
22 | November of the school year
for which reimbursement is | ||||||
23 | available.
| ||||||
24 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
25 | (105 ILCS 5/29-6.3)
|
| |||||||
| |||||||
1 | Sec. 29-6.3. Transportation to and from specified | ||||||
2 | interscholastic or school-sponsored
activities. | ||||||
3 | (a) Any school district transporting students in grade | ||||||
4 | 12 or below for an interscholastic, interscholastic athletic, | ||||||
5 | or school-sponsored, noncurriculum-related activity that (i) | ||||||
6 | does not require student participation as part of the | ||||||
7 | educational services of the district and (ii) is not associated | ||||||
8 | with the students' regular class-for-credit schedule or | ||||||
9 | required 5 clock hours of instruction shall transport the | ||||||
10 | students only in a school bus, a vehicle manufactured to | ||||||
11 | transport not more than 10 persons, including the driver, or a | ||||||
12 | multifunction school-activity bus manufactured to transport | ||||||
13 | not more than 15 persons, including the driver. | ||||||
14 | (b) Any school district furnishing transportation for | ||||||
15 | students under the authority of this Section shall insure | ||||||
16 | against any loss or liability of the district resulting from | ||||||
17 | the maintenance, operation, or use of the vehicle. | ||||||
18 | (c) (Blank). Vehicles used to transport students under this | ||||||
19 | Section may claim a depreciation allowance of 20% over 5 years | ||||||
20 | as provided in Section 29-5 of this Code.
| ||||||
21 | (Source: P.A. 96-410, eff. 7-1-10 .)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law, except that the changes to Sections 3-14.23, | ||||||
24 | 13A-9, 13B-20.35, 14-7.02, 14-13.01, 17-2, 17-8, 29-3.2a, | ||||||
25 | 29-5.2, and 29-6.3 of the School Code take effect on July 1, |
| |||||||
| |||||||
1 | 2013.".
|