Full Text of HB5825 97th General Assembly
HB5825sam001 97TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 4/25/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5825
| 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
| 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
| 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.)
| 5 | | (105 ILCS 5/13A-9)
| 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.
| 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.)
| 22 | | (105 ILCS 5/13B-20.35)
| 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
| 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.
| 11 | | (Source: P.A. 92-42, eff. 1-1-02.)
| 12 | | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| 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.
| 19 | | If because of his or her disability the special education
| 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
| 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
| 14 | | utilizing private schools or public schools, whether located on | 15 | | the site
or off the site of the residential facility.
| 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.
| 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.
| 6 | | A school district making tuition payments pursuant to this
| 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.
| 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.
| 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.
| 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.
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| 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 |
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| 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
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| 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.
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| 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 |
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| 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 |
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| 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, |
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| 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
|
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| 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 |
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| 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 |
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| 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 |
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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)
|
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| 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 |
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| 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 |
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| 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
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| 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 |
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| 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, |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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.
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| 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.
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| 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 |
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| 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
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| 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 .
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| 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 |
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| 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 |
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| 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 |
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| 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)
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| 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, |
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| 1 | | 2013.".
|
|