State of Illinois
92nd General Assembly
Legislation

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92_HB0210

 
                                               LRB9202603NTsb

 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
 5    Sections  1D-1,  14-7.02,  14-7.02a,  14-13.01,  and  29-5 as
 6    follows:

 7        (105 ILCS 5/1D-1)
 8        Sec. 1D-1.  Block grant funding.
 9        (a)  For  fiscal  year  1996   and   each   fiscal   year
10    thereafter,  the  State  Board  of Education shall award to a
11    school  district  having  a  population   exceeding   500,000
12    inhabitants   a   general   education   block  grant  and  an
13    educational services block grant, determined as  provided  in
14    this  Section,  in  lieu  of  distributing  to  the  district
15    separate   State   funding  for  the  programs  described  in
16    subsections (b) and (c).  The  provisions  of  this  Section,
17    however,  do not apply to any federal funds that the district
18    is entitled to receive.  In accordance with  Section  2-3.32,
19    all  block  grants are subject to an audit.  Therefore, block
20    grant receipts and block grant expenditures shall be recorded
21    to the appropriate fund code for the designated block grant.
22        (b)  The general education block grant shall include  the
23    following programs: REI Initiative, Summer Bridges, Preschool
24    At  Risk, K-6 Comprehensive Arts, School Improvement Support,
25    Urban  Education,  Scientific   Literacy,   Substance   Abuse
26    Prevention,  Second  Language  Planning,  Staff  Development,
27    Outcomes  and  Assessment,  K-6 Reading Improvement, Truants'
28    Optional Education, Hispanic Programs, Agriculture Education,
29    Gifted Education, Parental Education, Prevention  Initiative,
30    Report   Cards,   and   Criminal  Background  Investigations.
31    Notwithstanding any other provision of law, all amounts  paid
 
                            -2-                LRB9202603NTsb
 1    under   the   general   education   block  grant  from  State
 2    appropriations to a  school  district  in  a  city  having  a
 3    population    exceeding    500,000   inhabitants   shall   be
 4    appropriated and expended by the board of that  district  for
 5    any of the programs included in the block grant or any of the
 6    board's lawful purposes.
 7        (c)  The  educational  services block grant shall include
 8    the following programs:  Bilingual,  Regular  and  Vocational
 9    Transportation,  State  Lunch  and  Free  Breakfast  Program,
10    Special  Education (Personnel, Extraordinary, Transportation,
11    Orphanage,  Private  Tuition),  Summer  School,   Educational
12    Service   Centers,   and   Administrator's   Academy.    This
13    subsection   (c)   does  not  relieve  the  district  of  its
14    obligation to provide the services required under  a  program
15    that is included within the educational services block grant.
16    It  is  the intention of the General Assembly in enacting the
17    provisions of this subsection (c) to relieve the district  of
18    the   administrative   burdens  that  impede  efficiency  and
19    accompany  single-program  funding.   The  General   Assembly
20    encourages  the  board  to pursue mandate waivers pursuant to
21    Section 2-3.25g.
22        (d)  For  fiscal  year  1996   and   each   fiscal   year
23    thereafter,  the  amount of the district's block grants shall
24    be determined as follows: (i) with respect  to  each  program
25    that  is included within each block grant, the district shall
26    receive an amount equal to the same percentage of the current
27    fiscal year  appropriation  made  for  that  program  as  the
28    percentage of the appropriation received by the district from
29    the 1995 fiscal year appropriation made for that program, and
30    (ii)  the  total  amount  that  is due the district under the
31    block grant shall be the aggregate of the  amounts  that  the
32    district  is  entitled  to  receive  for the fiscal year with
33    respect to each program that is  included  within  the  block
34    grant  that  the  State  Board  of  Education shall award the
 
                            -3-                LRB9202603NTsb
 1    district under this Section for that  fiscal  year.   In  the
 2    case  of  the  Summer  Bridges  program,  the  amount  of the
 3    district's block grant shall be equal to 44% of the amount of
 4    the current fiscal year appropriation made for that program.
 5        (e)  The district is not required to file any application
 6    or other claim in order to receive the block grants to  which
 7    it  is  entitled  under  this  Section.    The State Board of
 8    Education shall make payments to the district of amounts  due
 9    under the district's block grants on a schedule determined by
10    the State Board of Education.
11        (f)  A  school  district  to  which  this Section applies
12    shall report to the State Board of Education on  its  use  of
13    the  block  grants in such form and detail as the State Board
14    of Education may specify.
15        (g)  This paragraph provides for the treatment  of  block
16    grants  under  Article  1C  for  purposes  of calculating the
17    amount of block grants for a  district  under  this  Section.
18    Those  block  grants  under Article IC are, for this purpose,
19    treated as included in the amount of  appropriation  for  the
20    various  programs  set  forth  in  paragraph  (b) above.  The
21    appropriation in each current  fiscal  year  for  each  block
22    grant under Article 1C shall be treated for these purposes as
23    appropriations  for  the  individual program included in that
24    block grant.  The proportion of each block grant so allocated
25    to each such program included in it shall be  the  proportion
26    which   the   appropriation  for  that  program  was  of  all
27    appropriations for such purposes now in that block grant,  in
28    fiscal 1995.
29        Payments  to  the school district under this Section with
30    respect  to  each  program  for  which  payments  to   school
31    districts generally, as of the date of this amendatory Act of
32    the 92nd General Assembly, are on a reimbursement basis shall
33    continue to be made to the district on a reimbursement basis,
34    pursuant  to  the  provisions  of  this  Code governing those
 
                            -4-                LRB9202603NTsb
 1    programs.
 2        (h)  Notwithstanding any  other  provision  of  law,  any
 3    school  district  receiving  a block grant under this Section
 4    may classify all or a portion of the funds that  it  receives
 5    in  a  particular fiscal year from any block grant authorized
 6    under this Code or from general State aid pursuant to Section
 7    18-8.05 of this Code (other than supplemental  general  State
 8    aid) as funds received in connection with any funding program
 9    for  which  it is entitled to receive funds from the State in
10    that fiscal year (including, without limitation, any  funding
11    program  referred  to  in  subsection  (c)  of this Section),
12    regardless of the source  or  timing  of  the  receipt.   The
13    district  may  not  classify  more funds as funds received in
14    connection with the funding  program  than  the  district  is
15    entitled  to  receive  in  that fiscal year for that program.
16    Any classification by a district must be made by a resolution
17    of its board of education.  The resolution must identify  the
18    amount  of  any  block  grant  or  general  State  aid  to be
19    classified under this subsection (h)  and  must  specify  the
20    funding  program  to  which  the  funds  are to be treated as
21    received  in  connection  therewith.   This   resolution   is
22    controlling  as  to  the  classification  of funds referenced
23    therein.  A certified copy of the resolution must be sent  to
24    the  State  Superintendent of Education. The resolution shall
25    still take effect even though a copy of  the  resolution  has
26    not  been  sent to the State Superintendent of Education in a
27    timely manner.  No classification under this  subsection  (h)
28    by  a  district  shall  affect  the total amount or timing of
29    money the district is entitled to receive  under  this  Code.
30    No  classification  under  this  subsection (h) by a district
31    shall in any way relieve the  district  from  or  affect  any
32    requirements  that  otherwise would apply with respect to the
33    block grant  as  provided  in  this  Section,  including  any
34    accounting  of  funds  by  source,  reporting expenditures by
 
                            -5-                LRB9202603NTsb
 1    original  source  and  purpose,  reporting  requirements,  or
 2    requirements of provision of services.
 3    (Source: P.A. 90-566,  eff.  1-2-98;  90-653,  eff.  7-29-98;
 4    91-711, eff. 7-1-00.)

 5        (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
 6        Sec. 14-7.02.  Children attending private schools, public
 7    out-of-state schools, public school residential facilities or
 8    private  special  education facilities.  The General Assembly
 9    recognizes  that  non-public  schools  or  special  education
10    facilities provide an important service  in  the  educational
11    system in Illinois.
12        If because of his or her disability the special education
13    program  of a district is unable to meet the needs of a child
14    and  the  child  attends  a  non-public  school  or   special
15    education facility, a public out-of-state school or a special
16    education  facility owned and operated by a county government
17    unit that provides special educational services  required  by
18    the child and is in compliance with the appropriate rules and
19    regulations  of  the  State  Superintendent of Education, the
20    school district in which the child is a  resident  shall  pay
21    the  actual cost of tuition for special education and related
22    services provided during the regular school term  and  during
23    the  summer  school  term if the child's educational needs so
24    require,  excluding  room,  board  and  transportation  costs
25    charged the  child  by  that  non-public  school  or  special
26    education  facility,  public  out-of-state  school  or county
27    special education facility, or $4,500 per year, whichever  is
28    less,  and  shall  provide  him any necessary transportation.
29    "Nonpublic  special  education  facility"  shall  include   a
30    residential   facility,   within  or  without  the  State  of
31    Illinois,  which  provides  special  education  and   related
32    services  to meet the needs of the child by utilizing private
33    schools or public schools, whether located on the site or off
 
                            -6-                LRB9202603NTsb
 1    the site of the residential facility.
 2        The State Board of Education shall promulgate  rules  and
 3    regulations  for  determining  when  placement  in  a private
 4    special education facility is appropriate.   Such  rules  and
 5    regulations  shall  take  into  account  the various types of
 6    services needed by a  child  and  the  availability  of  such
 7    services  to  the  particular  child in the public school. In
 8    developing these rules and regulations  the  State  Board  of
 9    Education   shall   consult  with  the  Advisory  Council  on
10    Education of  Children  with  Disabilities  and  hold  public
11    hearings  to  secure  recommendations  from  parents,  school
12    personnel, and others concerned about this matter.
13        The  State Board of Education shall also promulgate rules
14    and regulations for transportation to and from a  residential
15    school.  Transportation  to  and  from  home to a residential
16    school more than once each school term shall  be  subject  to
17    prior approval by the State Superintendent in accordance with
18    the rules and regulations of the State Board.
19        A  school  district  making  tuition payments pursuant to
20    this Section is eligible for reimbursement from the State for
21    the amount of such payments actually made in  excess  of  the
22    district per capita tuition charge for students not receiving
23    special  education  services.  Such  reimbursement  shall  be
24    approved   in  accordance  with  Section  14-12.01  and  each
25    district shall file its claims, computed in  accordance  with
26    rules  prescribed  by  the State Board of Education, on forms
27    prescribed by the State Superintendent  of  Education.   Data
28    used  as  a  basis  of  reimbursement claims shall be for the
29    preceding regular school term and summer school  term.   Each
30    school  district shall transmit its claims to the State Board
31    of Education on or before August  15.   The  State  Board  of
32    Education,  before approving any such claims, shall determine
33    their accuracy and whether they are based upon  services  and
34    facilities  provided  under approved programs.  Upon approval
 
                            -7-                LRB9202603NTsb
 1    the State Board shall cause vouchers to be  prepared  showing
 2    the  amount due for payment of reimbursement claims to school
 3    districts, for transmittal to the State  Comptroller  on  the
 4    30th day of September, December, and March, respectively, and
 5    the  final  voucher,  no  later  than  June  20. If the money
 6    appropriated by the General Assembly for such purpose for any
 7    year is insufficient, it shall be apportioned on the basis of
 8    the claims approved.
 9        No child shall be placed in a special  education  program
10    pursuant  to  this  Section  if  the tuition cost for special
11    education and related services increases more than 10 percent
12    over the tuition cost for the previous school year or exceeds
13    $4,500 per year unless such costs have been approved  by  the
14    Illinois   Purchased   Care    Review  Board.   The  Illinois
15    Purchased Care Review Board shall consist  of  the  following
16    persons,  or  their designees:  the Directors of Children and
17    Family Services, Public Health, Public Aid, and the Bureau of
18    the Budget;  the  Secretary  of  Human  Services;  the  State
19    Superintendent  of  Education;  and such other persons as the
20    Governor may  designate.  The Review  Board  shall  establish
21    rules  and  regulations  for  its  determination of allowable
22    costs and payments made by local school districts for special
23    education,  room  and  board,  and  other  related   services
24    provided   by   non-public   schools   or  special  education
25    facilities and shall establish uniform standards and criteria
26    which it shall follow.
27        The Review Board shall establish uniform definitions  and
28    criteria for accounting separately by special education, room
29    and  board and other related services costs.  The Board shall
30    also establish guidelines for the  coordination  of  services
31    and  financial  assistance  provided by all State agencies to
32    assure that no otherwise qualified disabled  child  receiving
33    services   under   Article   14   shall   be   excluded  from
34    participation in, be denied the benefits of or  be  subjected
 
                            -8-                LRB9202603NTsb
 1    to  discrimination  under any program or activity provided by
 2    any State agency.
 3        The Review Board  shall  review  the  costs  for  special
 4    education and related services provided by non-public schools
 5    or   special   education  facilities  and  shall  approve  or
 6    disapprove such facilities in accordance with the  rules  and
 7    regulations  established  by  it  with  respect  to allowable
 8    costs.
 9        The State Board of Education shall provide administrative
10    and staff support for the Review Board as  deemed  reasonable
11    by the State Superintendent of Education.  This support shall
12    not  include  travel  expenses  or other compensation for any
13    Review Board member other than the  State  Superintendent  of
14    Education.
15        The  Review  Board  shall seek the advice of the Advisory
16    Council on Education of Children  with  Disabilities  on  the
17    rules  and  regulations  to  be promulgated by it relative to
18    providing special education services.
19        If a child has been placed in  a  program  in  which  the
20    actual  per  pupil costs of tuition for special education and
21    related services based on program enrollment, excluding room,
22    board and transportation costs, exceed $4,500 and such  costs
23    have  been  approved  by the Review Board, the district shall
24    pay such total costs which exceed $4,500.  A district  making
25    such  tuition  payments  in excess of $4,500 pursuant to this
26    Section shall be responsible  for  an  amount  in  excess  of
27    $4,500  equal  to  the district per capita tuition charge and
28    shall be eligible for reimbursement from the  State  for  the
29    amount  of  such  payments  actually  made  in  excess of the
30    districts  per  capita  tuition  charge  for   students   not
31    receiving special education services.
32        If  a  child  has  been  placed in an approved individual
33    program and the tuition costs including room and board  costs
34    have  been  approved  by the Review Board, then such room and
 
                            -9-                LRB9202603NTsb
 1    board costs shall be paid by  the  appropriate  State  agency
 2    subject  to  the  provisions  of Section 14-8.01 of this Act.
 3    Room and board costs not provided by  a  State  agency  other
 4    than  the  State  Board of Education shall be provided by the
 5    State Board of Education on a current basis.   In  no  event,
 6    however,  shall  the  State's  liability for funding of these
 7    tuition costs begin until  after  the  legal  obligations  of
 8    third  party payors have been subtracted from such costs.  If
 9    the money appropriated  by  the  General  Assembly  for  such
10    purpose for any year is insufficient, it shall be apportioned
11    on  the  basis  of  the claims approved.  Each district shall
12    submit  estimated  claims  to  the  State  Superintendent  of
13    Education.   Upon  approval  of  such   claims,   the   State
14    Superintendent   of   Education   shall   direct   the  State
15    Comptroller  to  make  payments  on  a  monthly  basis.   The
16    frequency  for  submitting estimated claims and the method of
17    determining  payment  shall  be  prescribed  in   rules   and
18    regulations  adopted  by the State Board of Education.   Such
19    current state reimbursement shall be  reduced  by  an  amount
20    equal  to the proceeds which the child or child's parents are
21    eligible to receive under any public or private insurance  or
22    assistance   program.   Nothing  in  this  Section  shall  be
23    construed as relieving an insurer or similar third party from
24    an otherwise valid  obligation  to  provide  or  to  pay  for
25    services provided to a disabled child.
26        If  it otherwise qualifies, a school district is eligible
27    for the transportation reimbursement under  Section  14-13.01
28    and  for  the  reimbursement  of  tuition payments under this
29    Section whether the non-public school  or  special  education
30    facility,   public  out-of-state  school  or  county  special
31    education facility, attended by a child who resides  in  that
32    district and requires special educational services, is within
33    or  outside of the State of Illinois.  However, a district is
34    not eligible to claim transportation reimbursement under this
 
                            -10-               LRB9202603NTsb
 1    Section  unless  the  district   certifies   to   the   State
 2    Superintendent  of  Education  that the district is unable to
 3    provide special educational services required  by  the  child
 4    for the current school year.
 5        Nothing in this Section authorizes the reimbursement of a
 6    school  district  for  the amount paid for tuition of a child
 7    attending a non-public school or special education  facility,
 8    public   out-of-state  school  or  county  special  education
 9    facility unless the school district certifies  to  the  State
10    Superintendent   of  Education  that  the  special  education
11    program of that district is unable to meet the needs of  that
12    child  because of his disability and the State Superintendent
13    of Education finds that the school district is in substantial
14    compliance with Section 14-4.01.
15        Any educational or related services provided, pursuant to
16    this Section in a  non-public  school  or  special  education
17    facility  or  a special education facility owned and operated
18    by a county government unit shall be at no cost to the parent
19    or guardian of the child. However, current law and  practices
20    relative  to  contributions by parents or guardians for costs
21    other than educational or related services are  not  affected
22    by this amendatory Act of 1978.
23        Reimbursement   for   children  attending  public  school
24    residential facilities shall be made in accordance  with  the
25    provisions of this Section.
26        Notwithstanding  any  other  provision of law, any school
27    district receiving a payment  under  this  Section  or  under
28    Section 14-7.02a, 14-13.01, or 29-5 of this Code may classify
29    all  or  a  portion  of  the  funds  that  it  receives  in a
30    particular fiscal year or from general State aid pursuant  to
31    Section  18-8.05 of this Code as funds received in connection
32    with any funding program for which it is entitled to  receive
33    funds  from the State in that fiscal year (including, without
34    limitation, any funding program referenced in this  Section),
 
                            -11-               LRB9202603NTsb
 1    regardless  of  the  source  or  timing  of the receipt.  The
 2    district may not classify more funds  as  funds  received  in
 3    connection  with  the  funding  program  than the district is
 4    entitled to receive in that fiscal  year  for  that  program.
 5    Any classification by a district must be made by a resolution
 6    of  its board of education.  The resolution must identify the
 7    amount of any payments or general State aid to be  classified
 8    under  this paragraph and must specify the funding program to
 9    which the funds are to be treated as received  in  connection
10    therewith.    This   resolution  is  controlling  as  to  the
11    classification of funds referenced therein.  A certified copy
12    of the resolution must be sent to the State Superintendent of
13    Education. The resolution shall still take effect even though
14    a copy of the resolution has  not  been  sent  to  the  State
15    Superintendent   of   Education  in  a  timely  manner.    No
16    classification under  this  paragraph  by  a  district  shall
17    affect  the  total  amount or timing of money the district is
18    entitled to receive under this Code.  No classification under
19    this paragraph by a district shall in  any  way  relieve  the
20    district from or affect any requirements that otherwise would
21    apply  with  respect  to  that funding program, including any
22    accounting of funds  by  source,  reporting  expenditures  by
23    original  source  and  purpose,  reporting  requirements,  or
24    requirements of providing services.
25    (Source: P.A. 91-764, eff. 6-9-00.)

26        (105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a)
27        Sec.  14-7.02a.  Children requiring extraordinary special
28    education  services  and  facilities.   A   school   district
29    providing   for   a  child  requiring  extraordinary  special
30    education services because of the nature of his disability is
31    eligible for reimbursement from the  State  if  the  cost  of
32    educating  that  child  is  computed, as set forth in Section
33    14-7.01, to be in  excess  of  one  and  one-half  times  the
 
                            -12-               LRB9202603NTsb
 1    district  per capita tuition charge for the prior year.  Such
 2    costs  beyond  one  per  capita  tuition  charge   shall   be
 3    reimbursed, up to a maximum of $2,000.
 4        A  child  is  deemed  to  require  extraordinary  special
 5    education   services   and  facilities  under  the  following
 6    conditions:
 7             1)  the school  district  has  determined  that  the
 8        child requires extraordinary special education facilities
 9        pursuant  to  the  multidisciplinary  case  study and the
10        individualized education program;
11             2)  the  school  district  maintains  adequate  cost
12        accounting to document the per  capita  cost  of  special
13        education; and
14             3)  the  school  district submits approval and claim
15        data annually for each eligible child.
16        Extraordinary special education services  provided  on  a
17    one-half  day  basis  shall  only  be reimbursed at a rate of
18    one-half the amount otherwise provided herein.
19        Notwithstanding any other provision of  law,  any  school
20    district  receiving  a  payment  under  this Section or under
21    Section 14-7.02, 14-13.01, or 29-5 of this Code may  classify
22    all  or  a  portion  of  the  funds  that  it  receives  in a
23    particular fiscal year or from general State aid pursuant  to
24    Section  18-8.05 of this Code as funds received in connection
25    with any funding program for which it is entitled to  receive
26    funds  from the State in that fiscal year (including, without
27    limitation, any funding program referenced in this  Section),
28    regardless  of  the  source  or  timing  of the receipt.  The
29    district may not classify more funds  as  funds  received  in
30    connection  with  the  funding  program  than the district is
31    entitled to receive in that fiscal  year  for  that  program.
32    Any classification by a district must be made by a resolution
33    of  its board of education.  The resolution must identify the
34    amount of any payments or general State aid to be  classified
 
                            -13-               LRB9202603NTsb
 1    under  this paragraph and must specify the funding program to
 2    which the funds are to be treated as received  in  connection
 3    therewith.    This   resolution  is  controlling  as  to  the
 4    classification of funds referenced therein.  A certified copy
 5    of the resolution must be sent to the State Superintendent of
 6    Education. The resolution shall still take effect even though
 7    a copy of the resolution has  not  been  sent  to  the  State
 8    Superintendent   of   Education  in  a  timely  manner.    No
 9    classification under  this  paragraph  by  a  district  shall
10    affect  the  total  amount or timing of money the district is
11    entitled to receive under this Code.  No classification under
12    this paragraph by a district shall in  any  way  relieve  the
13    district from or affect any requirements that otherwise would
14    apply  with  respect  to  that funding program, including any
15    accounting of funds  by  source,  reporting  expenditures  by
16    original  source  and  purpose,  reporting  requirements,  or
17    requirements of providing services.
18    (Source: P.A. 88-16.)

19        (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
20        Sec.  14-13.01.  Reimbursement payable by State; Amounts.
21    Reimbursement for furnishing special  educational  facilities
22    in  a  recognized  school  to the type of children defined in
23    Section 14-1.02 shall be paid  to  the  school  districts  in
24    accordance  with Section 14-12.01 for each school year ending
25    June 30 by the State Comptroller out  of  any  money  in  the
26    treasury  appropriated  for such purposes on the presentation
27    of vouchers by the State Board of Education.
28        The reimbursement shall be limited to funds expended  for
29    construction  and maintenance of special education facilities
30    designed  and  utilized  to  house  instructional   programs,
31    diagnostic  services,  other  special  education services for
32    children with disabilities and reimbursement as  provided  in
33    Section  14-13.01.   There  shall  be  no  reimbursement  for
 
                            -14-               LRB9202603NTsb
 1    construction  and  maintenance of any administrative facility
 2    separated from  special  education  facilities  designed  and
 3    utilized to house instructional programs, diagnostic services
 4    and  other  special  education  services  for  children  with
 5    disabilities.
 6        (a)  For   children  who  have  not  been  identified  as
 7    eligible for special education and for eligible children with
 8    physical disabilities, including all eligible children  whose
 9    placement  has  been  determined  under  Section  14-8.02  in
10    hospital or home instruction, 1/2 of the teacher's salary but
11    not more than $1,000 annually per child or $8,000 per teacher
12    for  the  1985-1986  school year and thereafter, whichever is
13    less.  Children to be included  in  any  reimbursement  under
14    this  paragraph  must regularly receive a minimum of one hour
15    of instruction each school day,  or  in  lieu  thereof  of  a
16    minimum  of  5  hours  of  instruction in each school week in
17    order to qualify for full reimbursement under  this  Section.
18    If  the  attending  physician  for such a child has certified
19    that the child should not receive  as  many  as  5  hours  of
20    instruction  in  a  school week, however, reimbursement under
21    this paragraph on account of that  child  shall  be  computed
22    proportionate to the actual hours of instruction per week for
23    that child divided by 5.
24        (b)  For  children  described  in Section 14-1.02, 4/5 of
25    the cost of transportation for  each  such  child,  whom  the
26    State  Superintendent  of  Education  determined  in  advance
27    requires  special  transportation  service  in  order to take
28    advantage of special educational  facilities.  Transportation
29    costs  shall be determined in the same fashion as provided in
30    Section 29-5.  For purposes of this subsection (b), the dates
31    for processing claims specified in Section 29-5 shall apply.
32        (c)  For  each  professional   worker   excluding   those
33    included  in  subparagraphs  (a),  (d),  (e), and (f) of this
34    Section, the annual sum of $8,000 for  the  1985-1986  school
 
                            -15-               LRB9202603NTsb
 1    year and thereafter.
 2        (d)  For  one full time qualified director of the special
 3    education program of each school district which  maintains  a
 4    fully approved program of special education the annual sum of
 5    $8,000   for   the  1985-1986  school  year  and  thereafter.
 6    Districts  participating  in  a   joint   agreement   special
 7    education  program  shall  not  receive such reimbursement if
 8    reimbursement is made for a director of the  joint  agreement
 9    program.
10        (e)  For  each  school psychologist as defined in Section
11    14-1.09 the annual sum of $8,000  for  the  1985-1986  school
12    year and thereafter.
13        (f)  For  each  qualified  teacher  working  in  a  fully
14    approved  program  for children of preschool age who are deaf
15    or hard-of-hearing the annual sum of $8,000 for the 1985-1986
16    school year and thereafter.
17        (g)  For readers, working with blind or partially  seeing
18    children  1/2 of their salary but not more than $400 annually
19    per child.  Readers may be employed to assist  such  children
20    and  shall  not  be  required  to  be  certified but prior to
21    employment shall meet standards set up by the State Board  of
22    Education.
23        (h)  For necessary non-certified employees working in any
24    class or program for children defined in this Article, 1/2 of
25    the salary paid or $2,800 annually per employee, whichever is
26    less.
27        The  State  Board  of  Education  shall set standards and
28    prescribe   rules   for   determining   the   allocation   of
29    reimbursement under this section on less  than  a  full  time
30    basis and for less than a school year.
31        When any school district eligible for reimbursement under
32    this  Section  operates  a  school or program approved by the
33    State Superintendent of Education for a  number  of  days  in
34    excess  of  the adopted school calendar but not to exceed 235
 
                            -16-               LRB9202603NTsb
 1    school days, such reimbursement shall be increased  by  1/185
 2    of the amount or rate paid hereunder for each day such school
 3    is operated in excess of 185 days per calendar year.
 4        Notwithstanding  any  other  provision of law, any school
 5    district receiving a payment  under  this  Section  or  under
 6    Section  14-7.02, 14-7.02a, or 29-5 of this Code may classify
 7    all or  a  portion  of  the  funds  that  it  receives  in  a
 8    particular  fiscal year or from general State aid pursuant to
 9    Section 18-8.05 of this Code as funds received in  connection
10    with  any funding program for which it is entitled to receive
11    funds from the State in that fiscal year (including,  without
12    limitation,  any funding program referenced in this Section),
13    regardless of the source  or  timing  of  the  receipt.   The
14    district  may  not  classify  more funds as funds received in
15    connection with the funding  program  than  the  district  is
16    entitled  to  receive  in  that fiscal year for that program.
17    Any classification by a district must be made by a resolution
18    of its board of education.  The resolution must identify  the
19    amount  of any payments or general State aid to be classified
20    under this paragraph and must specify the funding program  to
21    which  the  funds are to be treated as received in connection
22    therewith.   This  resolution  is  controlling  as   to   the
23    classification of funds referenced therein.  A certified copy
24    of the resolution must be sent to the State Superintendent of
25    Education. The resolution shall still take effect even though
26    a  copy  of  the  resolution  has  not been sent to the State
27    Superintendent  of  Education  in  a  timely  manner.      No
28    classification  under  this  paragraph  by  a  district shall
29    affect the total amount or timing of money  the  district  is
30    entitled to receive under this Code.  No classification under
31    this  paragraph  by  a  district shall in any way relieve the
32    district from or affect any requirements that otherwise would
33    apply with respect to that  funding  program,  including  any
34    accounting  of  funds  by  source,  reporting expenditures by
 
                            -17-               LRB9202603NTsb
 1    original  source  and  purpose,  reporting  requirements,  or
 2    requirements of providing services.
 3    (Source: P.A. 88-555,  eff.  7-27-94;  88-641,  eff.  9-9-94;
 4    89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)

 5        (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
 6        Sec.  29-5.   Reimbursement  by State for transportation.
 7    Any  school  district,  maintaining  a  school,  transporting
 8    resident  pupils  to  another  school  district's  vocational
 9    program, offered through a joint agreement  approved  by  the
10    State  Board of Education, as provided in Section 10-22.22 or
11    transporting its resident pupils to a school which meets  the
12    standards  for  recognition as established by the State Board
13    of  Education  which  provides  transportation  meeting   the
14    standards  of  safety,  comfort,  convenience, efficiency and
15    operation prescribed by the  State  Board  of  Education  for
16    resident pupils in kindergarten or any of grades 1 through 12
17    who:  (a)  reside  at  least  1  1/2 miles as measured by the
18    customary route of travel, from the school attended;  or  (b)
19    reside  in  areas  where  conditions  are  such  that walking
20    constitutes  a  hazard  to  the  safety  of  the  child  when
21    determined under Section 29-3; and (c) are transported to the
22    school attended from pick-up points at the beginning  of  the
23    school  day  and back again at the close of the school day or
24    transported to and from  their  assigned  attendance  centers
25    during  the  school  day, shall be reimbursed by the State as
26    hereinafter provided in this Section.
27        The State will pay  the  cost  of  transporting  eligible
28    pupils  less the assessed valuation in a dual school district
29    maintaining secondary  grades  9  to  12  inclusive  times  a
30    qualifying  rate  of  .05%;  in  elementary  school districts
31    maintaining grades K to 8 times a qualifying rate of .06%; in
32    unit districts maintaining grades K to 12 times a  qualifying
33    rate  of  .07%.  To  be  eligible to receive reimbursement in
 
                            -18-               LRB9202603NTsb
 1    excess of 4/5 of the cost to  transport  eligible  pupils,  a
 2    school  district shall have a Transportation Fund tax rate of
 3    at least .12%.  If a school district does  not  have  a  .12%
 4    Transportation  Fund  tax  rate,  the  amount of its claim in
 5    excess of 4/5 of the cost of  transporting  pupils  shall  be
 6    reduced   by   the   sum   arrived   at  by  subtracting  the
 7    Transportation Fund tax rate from .12% and  multiplying  that
 8    amount  by  the  districts  equalized  or assessed valuation,
 9    provided, that in no case  shall  said  reduction  result  in
10    reimbursement  of  less  than  4/5  of  the cost to transport
11    eligible pupils.
12        The minimum amount to be received by a  district  is  $16
13    times the number of eligible pupils transported.
14        Any such district transporting resident pupils during the
15    school  day  to  an  area vocational school or another school
16    district's vocational program more than 1 1/2 miles from  the
17    school  attended,  as  provided  in  Sections  10-22.20a  and
18    10-22.22,  shall  be  reimbursed  by the State for 4/5 of the
19    cost of transporting eligible pupils.
20        School day means that period of time which the  pupil  is
21    required to be in attendance for instructional purposes.
22        If  a  pupil  is at a location within the school district
23    other than his residence for child care purposes at the  time
24    for transportation to school, that location may be considered
25    for  purposes  of determining the 1 1/2 miles from the school
26    attended.
27        Claims for reimbursement that include children who attend
28    any school other than a public school shall show  the  number
29    of such children transported.
30        Claims  for reimbursement under this Section shall not be
31    paid for the transportation of pupils for whom transportation
32    costs are claimed for payment under other  Sections  of  this
33    Act.
34        The  allowable  direct  cost  of  transporting pupils for
 
                            -19-               LRB9202603NTsb
 1    regular,   vocational,   and    special    education    pupil
 2    transportation  shall  be  limited  to the sum of the cost of
 3    physical examinations required for employment as a school bus
 4    driver; the salaries of full or part-time drivers and  school
 5    bus   maintenance   personnel;  employee  benefits  excluding
 6    Illinois  municipal  retirement  payments,  social   security
 7    payments,   unemployment   insurance  payments  and  workers'
 8    compensation insurance premiums; expenditures to  independent
 9    carriers  who  operate school buses; payments to other school
10    districts for  pupil  transportation  services;  pre-approved
11    contractual expenditures for computerized bus scheduling; the
12    cost  of  gasoline,  oil, tires, and other supplies necessary
13    for the operation of school buses;  the  cost  of  converting
14    buses'  gasoline engines to more fuel efficient engines or to
15    engines which use alternative energy  sources;  the  cost  of
16    travel  to  meetings  and workshops conducted by the regional
17    superintendent  or  the  State  Superintendent  of  Education
18    pursuant to the standards established  by  the  Secretary  of
19    State  under  Section  6-106  of the Illinois Vehicle Code to
20    improve the driving skills of school bus drivers; the cost of
21    maintenance of school buses  including  parts  and  materials
22    used;   expenditures  for  leasing  transportation  vehicles,
23    except interest and service charges; the  cost  of  insurance
24    and  licenses  for  transportation vehicles; expenditures for
25    the rental of transportation equipment; plus  a  depreciation
26    allowance  of  20%  for 5 years for school buses and vehicles
27    approved for transporting pupils to and  from  school  and  a
28    depreciation   allowance  of  10%  for  10  years  for  other
29    transportation equipment so used. In addition  to  the  above
30    allowable   costs  school  districts  shall  also  claim  all
31    transportation supervisory salary costs,  including  Illinois
32    municipal retirement payments, and all transportation related
33    building and building maintenance costs without limitation.
34        Special  education  allowable  costs  shall  also include
 
                            -20-               LRB9202603NTsb
 1    expenditures for the salaries of attendants or aides for that
 2    portion of the time  they  assist  special  education  pupils
 3    while  in  transit  and  expenditures  for parents and public
 4    carriers  for  transporting  special  education  pupils  when
 5    pre-approved by the State Superintendent of Education.
 6        Indirect costs shall be  included  in  the  reimbursement
 7    claim  for  districts  which own and operate their own school
 8    buses.  Such  indirect  costs  shall  include  administrative
 9    costs,  or any costs attributable to transporting pupils from
10    their attendance  centers  to  another  school  building  for
11    instructional  purposes.   No  school district which owns and
12    operates its own school buses  may  claim  reimbursement  for
13    indirect  costs which exceed 5% of the total allowable direct
14    costs for pupil transportation.
15        The State Board  of  Education  shall  prescribe  uniform
16    regulations  for  determining  the  above standards and shall
17    prescribe  forms  of  cost  accounting   and   standards   of
18    determining  reasonable depreciation. Such depreciation shall
19    include the cost of equipping school buses  with  the  safety
20    features  required  by  law  or by the rules, regulations and
21    standards promulgated by the State Board  of  Education,  and
22    the   Department   of   Transportation  for  the  safety  and
23    construction of school buses provided, however, any equipment
24    cost reimbursed  by  the  Department  of  Transportation  for
25    equipping  school  buses  with such safety equipment shall be
26    deducted from  the  allowable  cost  in  the  computation  of
27    reimbursement  under  this  Section in the same percentage as
28    the cost of the equipment is depreciated.
29        On or before July 10, annually, the board  clerk  or  the
30    secretary  of  the  district  shall  certify  to the regional
31    superintendent of schools upon forms prescribed by the  State
32    Superintendent   of   Education   the  district's  claim  for
33    reimbursement for the school  year  ended  on  June  30  next
34    preceding.   The  regional  superintendent  of  schools shall
 
                            -21-               LRB9202603NTsb
 1    check all transportation claims to ascertain compliance  with
 2    the  prescribed standards and upon his approval shall certify
 3    not later  than  July  25  to  the  State  Superintendent  of
 4    Education  the  regional report of claims for reimbursements.
 5    The State Superintendent of Education shall check and approve
 6    the claims and prepare the vouchers showing the  amounts  due
 7    for  district  reimbursement claims.  Beginning with the 1977
 8    fiscal year, the  State  Superintendent  of  Education  shall
 9    prepare  and transmit the first 3 vouchers to the Comptroller
10    on  the  30th  day   of  September,   December   and   March,
11    respectively, and the final voucher, no later than June 15.
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
19    under this Section for any  school  year  beginning  July  1,
20    1998,  or  thereafter, the equalized assessed valuation for a
21    school  district  used  to  compute  reimbursement  shall  be
22    computed in the same manner as it is computed under paragraph
23    (2) of subsection (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.
27        Notwithstanding  any  other  provision of law, any school
28    district receiving a payment  under  this  Section  or  under
29    Sections  14-7.02,  14-7.02a,  or  14-13.01  of this Code may
30    classify all or a portion of the funds that it receives in  a
31    particular  fiscal year or from general State aid pursuant to
32    Section 18-8.05 of this Code as funds received in  connection
33    with  any funding program for which it is entitled to receive
34    funds from the State in that fiscal year (including,  without
 
                            -22-               LRB9202603NTsb
 1    limitation,  any funding program referenced in this Section),
 2    regardless of the source  or  timing  of  the  receipt.   The
 3    district  may  not  classify  more funds as funds received in
 4    connection with the funding  program  than  the  district  is
 5    entitled  to  receive  in  that fiscal year for that program.
 6    Any classification by a district must be made by a resolution
 7    of its board of education.  The resolution must identify  the
 8    amount  of any payments or general State aid to be classified
 9    under this paragraph and must specify the funding program  to
10    which  the  funds are to be treated as received in connection
11    therewith.   This  resolution  is  controlling  as   to   the
12    classification of funds referenced therein.  A certified copy
13    of the resolution must be sent to the State Superintendent of
14    Education. The resolution shall still take effect even though
15    a  copy  of  the  resolution  has  not been sent to the State
16    Superintendent  of  Education  in  a  timely  manner.      No
17    classification  under  this  paragraph  by  a  district shall
18    affect the total amount or timing of money  the  district  is
19    entitled  to  receive  under  this  Code.   No classification
20    under this paragraph by a district shall in any  way  relieve
21    the  district  from or affect any requirements that otherwise
22    would apply with respect to that funding  program,  including
23    any  accounting of funds by source, reporting expenditures by
24    original  source  and  purpose,  reporting  requirements,  or
25    requirements of providing services.
26    (Source: P.A. 91-96, eff. 7-9-99.)

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.






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