Full Text of HB5161 98th General Assembly
HB5161 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5161 Introduced , by Rep. Jim Durkin - Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Makes a technical change in a Section concerning block grants for Chicago.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 1D-1 as follows:
| 6 | | (105 ILCS 5/1D-1)
| 7 | | Sec. 1D-1. Block grant funding.
| 8 | | (a) For fiscal year 1996 and and each fiscal year | 9 | | thereafter, the State Board
of Education shall award to a | 10 | | school district having a population exceeding
500,000 | 11 | | inhabitants a general education block grant and an educational | 12 | | services
block grant, determined as provided in this Section, | 13 | | in lieu of distributing to
the district separate State funding | 14 | | for the programs described in subsections
(b) and (c). The | 15 | | provisions of this Section, however, do not apply to any
| 16 | | federal funds that the district is entitled to receive. In | 17 | | accordance with
Section 2-3.32, all block grants are subject to | 18 | | an audit. Therefore, block
grant receipts and block grant | 19 | | expenditures shall be recorded to the
appropriate fund code for | 20 | | the designated block grant.
| 21 | | (b) The general education block grant shall include the | 22 | | following
programs: REI Initiative, Summer Bridges, Preschool | 23 | | At Risk, K-6
Comprehensive Arts, School Improvement Support, |
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| 1 | | Urban Education, Scientific
Literacy, Substance Abuse | 2 | | Prevention, Second Language Planning, Staff
Development, | 3 | | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | 4 | | Continued
Reading Improvement, Truants'
Optional Education, | 5 | | Hispanic Programs, Agriculture Education,
Parental Education, | 6 | | Prevention Initiative, Report Cards, and Criminal
Background | 7 | | Investigations. Notwithstanding any other provision of law, | 8 | | all
amounts paid under the general education block grant from | 9 | | State appropriations
to a school district in a city having a | 10 | | population exceeding 500,000
inhabitants shall be appropriated | 11 | | and expended by the board of that district
for any of the | 12 | | programs included in the block grant or any of the board's
| 13 | | lawful purposes.
| 14 | | (c) The educational services block grant shall include the | 15 | | following
programs: Regular and Vocational Transportation, | 16 | | State Lunch and
Free Breakfast Program, Special Education | 17 | | (Personnel,
Transportation, Orphanage, Private Tuition), | 18 | | funding
for children requiring special education services, | 19 | | Summer School,
Educational Service Centers, and | 20 | | Administrator's Academy. This subsection (c)
does not relieve | 21 | | the district of its obligation to provide the services
required | 22 | | under a program that is included within the educational | 23 | | services block
grant. It is the intention of the General | 24 | | Assembly in enacting the provisions
of this subsection (c) to | 25 | | relieve the district of the administrative burdens
that impede | 26 | | efficiency and accompany single-program funding. The General
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| 1 | | Assembly encourages the board to pursue mandate waivers | 2 | | pursuant to Section
2-3.25g. | 3 | | The funding program included in the educational services | 4 | | block grant
for funding for children requiring special | 5 | | education services in each fiscal
year shall be treated in that | 6 | | fiscal year as a payment to the school district
in respect of | 7 | | services provided or costs incurred in the prior fiscal year,
| 8 | | calculated in each case as provided in this Section. Nothing in | 9 | | this Section
shall change the nature of payments for any | 10 | | program that, apart from this
Section, would be or, prior to | 11 | | adoption or amendment of this Section, was on
the basis of a | 12 | | payment in a fiscal year in respect of services provided or
| 13 | | costs incurred in the prior fiscal year, calculated in each | 14 | | case as provided
in this Section.
| 15 | | (d) For fiscal year 1996 and each fiscal year thereafter, | 16 | | the amount
of the district's block grants shall be determined | 17 | | as follows:
(i) with respect to each program that is included | 18 | | within each block grant, the
district shall receive an amount | 19 | | equal to the same percentage of the current
fiscal year | 20 | | appropriation made for that program as the percentage of the
| 21 | | appropriation received by the district from the 1995 fiscal | 22 | | year appropriation
made for that program, and
(ii) the total | 23 | | amount that is due the district under the block grant shall be
| 24 | | the aggregate of the amounts that the district is entitled to | 25 | | receive for the
fiscal year with respect to each program that | 26 | | is included within the block
grant that the State Board of |
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| 1 | | Education shall award the district under this
Section for that | 2 | | fiscal year. In the case of the Summer Bridges program,
the | 3 | | amount of the district's block grant shall be equal to 44% of | 4 | | the amount
of the current fiscal year appropriation made for | 5 | | that program.
| 6 | | (e) The district is not required to file any application or | 7 | | other claim in
order to receive the block grants to which it is | 8 | | entitled under this Section.
The State Board of Education shall | 9 | | make payments to the district of amounts due
under the | 10 | | district's block grants on a schedule determined by the State | 11 | | Board
of Education.
| 12 | | (f) A school district to which this Section applies shall | 13 | | report to the
State Board of Education on its use of the block | 14 | | grants in such form and detail
as the State Board of Education | 15 | | may specify. In addition, the report must include the following | 16 | | description for the district, which must also be reported to | 17 | | the General Assembly: block grant allocation and expenditures | 18 | | by program; population and service levels by program; and | 19 | | administrative expenditures by program. The State Board of | 20 | | Education shall ensure that the reporting requirements for the | 21 | | district are the same as for all other school districts in this | 22 | | State.
| 23 | | (g) This paragraph provides for the treatment of block | 24 | | grants under Article
1C for purposes of calculating the amount | 25 | | of block grants for a district under
this Section. Those block | 26 | | grants under Article 1C are, for this
purpose, treated as |
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| 1 | | included in the amount of appropriation for the various
| 2 | | programs set forth in paragraph (b) above. The appropriation in | 3 | | each current
fiscal year for each block grant under Article 1C | 4 | | shall be treated for these
purposes as appropriations for the | 5 | | individual program included in that block
grant. The proportion | 6 | | of each block grant so allocated to each such program
included | 7 | | in it shall be the proportion which the appropriation for that | 8 | | program
was of all appropriations for such purposes now in that | 9 | | block grant, in fiscal
1995.
| 10 | | Payments to the school district under this Section with | 11 | | respect to each
program for which payments to school districts | 12 | | generally, as of the date of
this
amendatory Act of the 92nd | 13 | | General Assembly, are on a reimbursement basis
shall continue | 14 | | to be made to the district on a reimbursement basis, pursuant
| 15 | | to the provisions of this Code governing those programs.
| 16 | | (h) Notwithstanding any other provision of law, any school | 17 | | district
receiving a block grant under this Section may | 18 | | classify all or a portion of
the funds that it receives in a | 19 | | particular fiscal year from any block grant
authorized under | 20 | | this Code or from general State aid pursuant to Section
18-8.05 | 21 | | of this Code (other than supplemental general State aid) as
| 22 | | funds received in connection with any funding program for which | 23 | | it is
entitled to receive funds from the State in that fiscal | 24 | | year (including,
without limitation, any funding program | 25 | | referred to in subsection (c) of
this Section), regardless of | 26 | | the source or timing of the receipt. The
district may not |
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| 1 | | classify more funds as funds received in connection
with the | 2 | | funding program than the district is entitled to receive in | 3 | | that
fiscal year for that program. Any classification by a | 4 | | district must be made by
a resolution
of its board of | 5 | | education. The resolution must identify the amount of any
block | 6 | | grant or general State aid to be classified under this | 7 | | subsection (h)
and must specify the funding program to which | 8 | | the funds are to be
treated as received in connection | 9 | | therewith. This resolution is
controlling as to the | 10 | | classification of funds referenced therein. A certified
copy of | 11 | | the resolution must be sent to the State Superintendent of
| 12 | | Education.
The resolution shall still take effect even though a | 13 | | copy of the resolution
has not been sent to the State
| 14 | | Superintendent of Education in a timely manner.
No | 15 | | classification under this subsection (h) by a district shall
| 16 | | affect the total amount or timing of money the district is | 17 | | entitled to receive
under this Code.
No classification under | 18 | | this subsection (h) by a district
shall in any way relieve the | 19 | | district from or affect any
requirements that otherwise would | 20 | | apply with respect to the
block grant as provided in this | 21 | | Section, including any
accounting of funds by source, reporting | 22 | | expenditures by
original source and purpose,
reporting | 23 | | requirements, or requirements of provision of
services.
| 24 | | (Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11; | 25 | | 97-813, eff. 7-13-12.)
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