Full Text of HB5480 103rd General Assembly
HB5480eng 103RD GENERAL ASSEMBLY | | | HB5480 Engrossed | | LRB103 37524 RJT 67647 b |
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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 | | 29-5 as follows: | 6 | | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | 7 | | Sec. 29-5. Reimbursement by State for transportation. Any | 8 | | school district or State-authorized charter school , | 9 | | maintaining a school, transporting resident pupils to another | 10 | | school district's vocational program, offered through a joint | 11 | | agreement approved by the State Board of Education, as | 12 | | provided in Section 10-22.22 or transporting its resident | 13 | | pupils to a school which meets the standards for recognition | 14 | | as established by the State Board of Education which provides | 15 | | transportation meeting the standards of safety, comfort, | 16 | | convenience, efficiency and operation prescribed by the State | 17 | | Board of Education for resident pupils in kindergarten or any | 18 | | of grades 1 through 12 who: (a) reside at least 1 1/2 miles as | 19 | | measured by the customary route of travel, from the school | 20 | | attended; or (b) reside in areas where conditions are such | 21 | | that walking constitutes a hazard to the safety of the child | 22 | | when determined under Section 29-3; and (c) are transported to | 23 | | the school attended from pick-up points at the beginning of |
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| 1 | | the school day and back again at the close of the school day or | 2 | | transported to and from their assigned attendance centers | 3 | | during the school day , shall be reimbursed by the State as | 4 | | hereinafter provided in this Section. | 5 | | The State will pay the prorated allowable cost of | 6 | | transporting eligible pupils less the real equalized assessed | 7 | | valuation as computed under paragraph (3) of subsection (d) of | 8 | | Section 18-8.15 in a dual school district maintaining | 9 | | secondary grades 9 to 12 inclusive times a qualifying rate of | 10 | | .05%; in elementary school districts maintaining grades K to 8 | 11 | | times a qualifying rate of .06%; and in unit districts | 12 | | maintaining grades K to 12, including partial elementary unit | 13 | | districts formed pursuant to Article 11E, times a qualifying | 14 | | rate of .07%. For a State-authorized charter school, the State | 15 | | shall pay the prorated allowable cost of transporting eligible | 16 | | pupils less the prior year's prorated assessed valuation based | 17 | | on enrollment reported pursuant to subsection (a) of Section | 18 | | 27A-11 for the previous school year in the charter school | 19 | | proportionate to the charter school's school district's | 20 | | enrollment for the previous school year. | 21 | | To be eligible to receive reimbursement in excess of 4/5 | 22 | | of the cost to transport eligible pupils, a school district or | 23 | | partial elementary unit district formed pursuant to Article | 24 | | 11E shall have a Transportation Fund tax rate of at least .12%. | 25 | | A State-authorized charter school's qualifying rate shall be | 26 | | the same as the rate that applies to the charter school's |
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| 1 | | school district. The Transportation Fund tax rate for a | 2 | | partial elementary unit district formed pursuant Article 11E | 3 | | shall be the combined elementary and high school rates | 4 | | pursuant to paragraph (4) of subsection (a) of Section | 5 | | 18-8.15. | 6 | | If a school district or partial elementary unit district | 7 | | formed pursuant to Article 11E does not have a .12% | 8 | | Transportation Fund tax rate, the amount of its claim in | 9 | | excess of 4/5 of the cost of transporting pupils shall be | 10 | | reduced by the sum arrived at by subtracting the | 11 | | Transportation Fund tax rate from .12% and multiplying that | 12 | | amount by the district's real equalized assessed valuation as | 13 | | computed under paragraph (3) of subsection (d) of Section | 14 | | 18-8.15, provided that in no case shall said reduction result | 15 | | in reimbursement of less than 4/5 of the cost to transport | 16 | | eligible pupils. For a State-authorized charter school within | 17 | | a school district that does not have a 0.12% Transportation | 18 | | Fund tax rate, the State shall pay the prorated allowable cost | 19 | | of transporting eligible pupils less the prior year's prorated | 20 | | assessed valuation based on enrollment reported pursuant to | 21 | | subsection (a) of Section 27A-11 for the previous school year | 22 | | in the charter school proportionate to the charter school's | 23 | | school district's enrollment for the previous school year. | 24 | | A State-authorized charter school, that offers | 25 | | transportation to eligible students shall be eligible for | 26 | | reimbursement by the State at the same rate as its host |
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| 1 | | district, unless the host district is a school district | 2 | | organized under Article 34. A State-authorized charter school, | 3 | | whose host district is a school district organized under | 4 | | Article 34 is eligible for reimbursement by the State at the | 5 | | rate set forth in the charter agreement. A State-authorized | 6 | | charter school, shall make a claim for reimbursement by the | 7 | | State through the Pupil Transportation Claim Reimbursement | 8 | | System and receive funding reimbursement in the same manner as | 9 | | a school district. Notwithstanding any other provision of law | 10 | | to the contrary, a State-authorized charter school that has | 11 | | previously received regular transportation grant funding from | 12 | | the State Board of Education or is in the process of receiving | 13 | | such funding approved in the same fiscal year as the effective | 14 | | date of this amendatory Act of the 103rd General Assembly | 15 | | shall retain any awarded funding. | 16 | | The minimum amount to be received by a district is $16 | 17 | | times the number of eligible pupils transported. | 18 | | When calculating the reimbursement for transportation | 19 | | costs, the State Board of Education may not deduct the number | 20 | | of pupils enrolled in early education programs from the number | 21 | | of pupils eligible for reimbursement if the pupils enrolled in | 22 | | the early education programs are transported at the same time | 23 | | as other eligible pupils. | 24 | | Any such district transporting resident pupils during the | 25 | | school day to an area vocational school or another school | 26 | | district's vocational program more than 1 1/2 miles from the |
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| 1 | | school attended, as provided in Sections 10-22.20a and | 2 | | 10-22.22, shall be reimbursed by the State for 4/5 of the cost | 3 | | of transporting eligible pupils. | 4 | | School day means that period of time during which the | 5 | | pupil is required to be in attendance for instructional | 6 | | purposes. | 7 | | If a pupil is at a location within the school district | 8 | | other than his residence for child care purposes at the time | 9 | | for transportation to school, that location may be considered | 10 | | for purposes of determining the 1 1/2 miles from the school | 11 | | attended. | 12 | | Claims for reimbursement that include children who attend | 13 | | any school other than a public school shall show the number of | 14 | | such children transported. | 15 | | Claims for reimbursement under this Section shall not be | 16 | | paid for the transportation of pupils for whom transportation | 17 | | costs are claimed for payment under other Sections of this | 18 | | Act. | 19 | | The allowable direct cost of transporting pupils for | 20 | | regular, vocational, and special education pupil | 21 | | transportation shall be limited to the sum of the cost of | 22 | | physical examinations required for employment as a school bus | 23 | | driver; the salaries of full-time or part-time drivers and | 24 | | school bus maintenance personnel; employee benefits excluding | 25 | | Illinois municipal retirement payments, social security | 26 | | payments, unemployment insurance payments and workers' |
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| 1 | | compensation insurance premiums; expenditures to independent | 2 | | carriers who operate school buses; payments to other school | 3 | | districts for pupil transportation services; pre-approved | 4 | | contractual expenditures for computerized bus scheduling; | 5 | | expenditures for housing assistance and homeless prevention | 6 | | under Sections 1-17 and 1-18 of the Education for Homeless | 7 | | Children Act that are not in excess of the school district's | 8 | | actual costs for providing transportation services and are not | 9 | | otherwise claimed in another State or federal grant that | 10 | | permits those costs to a parent, a legal guardian, any other | 11 | | person who enrolled a pupil, or a homeless assistance agency | 12 | | that is part of the federal McKinney-Vento Homeless Assistance | 13 | | Act's continuum of care for the area in which the district is | 14 | | located; the cost of gasoline, oil, tires, and other supplies | 15 | | necessary for the operation of school buses; the cost of | 16 | | converting buses' gasoline engines to more fuel efficient | 17 | | engines or to engines which use alternative energy sources; | 18 | | the cost of travel to meetings and workshops conducted by the | 19 | | regional superintendent or the State Superintendent of | 20 | | Education pursuant to the standards established by the | 21 | | Secretary of State under Section 6-106 of the Illinois Vehicle | 22 | | Code to improve the driving skills of school bus drivers; the | 23 | | cost of maintenance of school buses including parts and | 24 | | materials used; expenditures for leasing transportation | 25 | | vehicles, except interest and service charges; the cost of | 26 | | insurance and licenses for transportation vehicles; |
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| 1 | | expenditures for the rental of transportation equipment; plus | 2 | | a depreciation allowance of 20% for 5 years for school buses | 3 | | and vehicles approved for transporting pupils to and from | 4 | | school and a depreciation allowance of 10% for 10 years for | 5 | | other transportation equipment so used. Each school year, if a | 6 | | school district has made expenditures to the Regional | 7 | | Transportation Authority or any of its service boards, a mass | 8 | | transit district, or an urban transportation district under an | 9 | | intergovernmental agreement with the district to provide for | 10 | | the transportation of pupils and if the public transit carrier | 11 | | received direct payment for services or passes from a school | 12 | | district within its service area during the 2000-2001 school | 13 | | year, then the allowable direct cost of transporting pupils | 14 | | for regular, vocational, and special education pupil | 15 | | transportation shall also include the expenditures that the | 16 | | district has made to the public transit carrier. In addition | 17 | | to the above allowable costs, school districts shall also | 18 | | claim all transportation supervisory salary costs, including | 19 | | Illinois municipal retirement payments, and all transportation | 20 | | related building and building maintenance costs without | 21 | | limitation. | 22 | | Special education allowable costs shall also include | 23 | | expenditures for the salaries of attendants or aides for that | 24 | | portion of the time they assist special education pupils while | 25 | | in transit and expenditures for parents and public carriers | 26 | | for transporting special education pupils when pre-approved by |
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| 1 | | the State Superintendent of Education. | 2 | | Indirect costs shall be included in the reimbursement | 3 | | claim for districts which own and operate their own school | 4 | | buses. Such indirect costs shall include administrative costs, | 5 | | or any costs attributable to transporting pupils from their | 6 | | attendance centers to another school building for | 7 | | instructional purposes. No school district which owns and | 8 | | operates its own school buses may claim reimbursement for | 9 | | indirect costs which exceed 5% of the total allowable direct | 10 | | costs for pupil transportation. | 11 | | The State Board of Education shall prescribe uniform | 12 | | regulations for determining the above standards and shall | 13 | | prescribe forms of cost accounting and standards of | 14 | | determining reasonable depreciation. Such depreciation shall | 15 | | include the cost of equipping school buses with the safety | 16 | | features required by law or by the rules, regulations and | 17 | | standards promulgated by the State Board of Education, and the | 18 | | Department of Transportation for the safety and construction | 19 | | of school buses provided, however, any equipment cost | 20 | | reimbursed by the Department of Transportation for equipping | 21 | | school buses with such safety equipment shall be deducted from | 22 | | the allowable cost in the computation of reimbursement under | 23 | | this Section in the same percentage as the cost of the | 24 | | equipment is depreciated. | 25 | | On or before August 15, annually, the chief school | 26 | | administrator for the district shall certify to the State |
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| 1 | | Superintendent of Education the district's claim for | 2 | | reimbursement for the school year ending on June 30 next | 3 | | preceding. The State Superintendent of Education shall check | 4 | | and approve the claims and prepare the vouchers showing the | 5 | | amounts due for district reimbursement claims. Each fiscal | 6 | | year, the State Superintendent of Education shall prepare and | 7 | | transmit the first 3 vouchers to the Comptroller on the 30th | 8 | | day of September, December and March, respectively, and the | 9 | | final voucher, no later than June 20. | 10 | | If the amount appropriated for transportation | 11 | | reimbursement is insufficient to fund total claims for any | 12 | | fiscal year, the State Board of Education shall reduce each | 13 | | school district's allowable costs and flat grant amount | 14 | | proportionately to make total adjusted claims equal the total | 15 | | amount appropriated. | 16 | | For purposes of calculating claims for reimbursement under | 17 | | this Section for any school year beginning July 1, 2016, the | 18 | | equalized assessed valuation for a school district or partial | 19 | | elementary unit district formed pursuant to Article 11E used | 20 | | to compute reimbursement shall be the real equalized assessed | 21 | | valuation as computed under paragraph (3) of subsection (d) of | 22 | | Section 18-8.15. | 23 | | All reimbursements received from the State shall be | 24 | | deposited into the district's transportation fund or into the | 25 | | fund from which the allowable expenditures were made. | 26 | | Notwithstanding any other provision of law, any school |
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| 1 | | district receiving a payment under this Section or under | 2 | | Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may | 3 | | classify all or a portion of the funds that it receives in a | 4 | | particular fiscal year or from State aid pursuant to Section | 5 | | 18-8.15 of this Code as funds received in connection with any | 6 | | funding program for which it is entitled to receive funds from | 7 | | the State in that fiscal year (including, without limitation, | 8 | | any funding program referenced in this Section), regardless of | 9 | | the source or timing of the receipt. The district may not | 10 | | classify more funds as funds received in connection with the | 11 | | funding program than the district is entitled to receive in | 12 | | that fiscal year for that program. Any classification by a | 13 | | district must be made by a resolution of its board of | 14 | | education. The resolution must identify the amount of any | 15 | | payments or general State aid to be classified under this | 16 | | paragraph and must specify the funding program to which the | 17 | | funds are to be treated as received in connection therewith. | 18 | | This resolution is controlling as to the classification of | 19 | | funds referenced therein. A certified copy of the resolution | 20 | | must be sent to the State Superintendent of Education. The | 21 | | resolution shall still take effect even though a copy of the | 22 | | resolution has not been sent to the State Superintendent of | 23 | | Education in a timely manner. No classification under this | 24 | | paragraph by a district shall affect the total amount or | 25 | | timing of money the district is entitled to receive under this | 26 | | Code. No classification under this paragraph by a district |
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| 1 | | shall in any way relieve the district from or affect any | 2 | | requirements that otherwise would apply with respect to that | 3 | | funding program, including any accounting of funds by source, | 4 | | reporting expenditures by original source and purpose, | 5 | | reporting requirements, or requirements of providing services. | 6 | | Any school district with a population of not more than | 7 | | 500,000 must deposit all funds received under this Article | 8 | | into the transportation fund and use those funds for the | 9 | | provision of transportation services. | 10 | | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) |
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