State of Illinois
92nd General Assembly
Legislation

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92_HB0210eng

 
HB0210 Engrossed                               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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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
 
HB0210 Engrossed            -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),
 
HB0210 Engrossed            -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
 
HB0210 Engrossed            -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
 
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 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
 
HB0210 Engrossed            -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
 
HB0210 Engrossed            -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
 
HB0210 Engrossed            -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
 
HB0210 Engrossed            -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
 
HB0210 Engrossed            -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
 
HB0210 Engrossed            -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
 
HB0210 Engrossed            -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
 
HB0210 Engrossed            -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    Section 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
 
HB0210 Engrossed            -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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