Illinois General Assembly - Full Text of HB5825
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Full Text of HB5825  97th General Assembly

HB5825sam001 97TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 4/25/2012

 

 


 

 


 
09700HB5825sam001LRB097 19935 NHT 68752 a

1
AMENDMENT TO HOUSE BILL 5825

2    AMENDMENT NO. ______. Amend House Bill 5825 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
53-14.23, 13A-9, 13B-20.35, 14-7.02, 14-13.01, 17-2, 17-8,
629-1, 29-2, 29-3, 29-3.2a, 29-5, 29-5.2, and 29-6.3 and by
7adding Sections 29-0.01, 29-0.05, 29-0.10, and 29-0.15 as
8follows:
 
9    (105 ILCS 5/3-14.23)  (from Ch. 122, par. 3-14.23)
10    Sec. 3-14.23. School bus driver permits.
11    (a) To conduct courses of instruction for school bus
12drivers pursuant to the standards established by the Secretary
13of State under Section 6-106.1 of the Illinois Vehicle Code and
14to charge a fee based upon the cost of providing such courses
15of up to $6 per person for fiscal years 2010, 2011, and 2012;
16up to $8 per person for fiscal years 2013, 2014, and 2015; and

 

 

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1up to $10 per person for fiscal year 2016 and each fiscal year
2thereafter for the initial classroom course in school bus
3driver safety and of up to $6 per person for fiscal years 2010,
42011, and 2012; up to $8 per person for fiscal years 2013,
52014, and 2015; and up to $10 per person for fiscal year 2016
6and each fiscal year thereafter for the annual refresher
7course.
8    (b) To conduct such investigations as may be necessary to
9insure that all persons hired to operate school buses have
10valid school bus driver permits as required under Sections
116-104 and 6-106.1 of "The Illinois Vehicle Code". If a regional
12superintendent finds evidence of non-compliance with this
13requirement, he shall submit such evidence together with his
14recommendations in writing to the school board.
15    If the regional superintendent finds evidence of
16noncompliance with the requirement that all persons employed
17directly by the school board to operate school buses have valid
18school bus driver permits as required under Sections 6-104 and
196-106.1 of "The Illinois Vehicle Code", the regional
20superintendent shall schedule a hearing on a date not less than
215 days nor more than 10 days after notifying the district of
22his findings. If based on the evidence presented at the hearing
23the regional superintendent finds that persons employed
24directly by the school board to operate school buses do not
25have valid school bus driver permits as required under Sections
266-104 and 6-106.1 of "The Illinois Vehicle Code", the regional

 

 

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1superintendent shall submit such evidence and his findings
2together with his recommendations to the State Superintendent
3of Education. The State Superintendent of Education may reduce
4the district's claim for reimbursement under Section 29-0.01 of
5this Code Sections 29-5 and 14-13.01 for transportation by
61.136% for each day of noncompliance.
7    If a school board finds evidence of noncompliance with the
8requirement that all persons employed by a contractor to
9operate school buses have valid school bus driver permits as
10required under Sections 6-104 and 6-106.1 of "The Illinois
11Vehicle Code", the school board shall request a hearing before
12the regional superintendent. The regional superintendent shall
13schedule a hearing on a date not less than 5 days nor more than
1410 days after receiving the request. If based on the evidence
15presented at the hearing the regional superintendent finds that
16persons employed by a contractor to operate school buses do not
17have valid school bus driver permits as required under Sections
186-104 and 6-106.1 of "The Illinois Vehicle Code", the school
19board's financial obligations under the contract shall be
20reduced by an amount equal to 1.136% for each day of
21noncompliance. The findings of the regional superintendent and
22the relief provided herein shall not impair the obligations of
23the contractor to continue to provide transportation services
24in accordance with the terms of the contract.
25    The provisions of the Administrative Review Law, and all
26amendments and modifications thereof and the rules adopted

 

 

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1pursuant thereto shall apply to and govern all proceedings
2instituted for judicial review of final administrative
3decisions of the regional superintendent under this Section.
4(Source: P.A. 96-616, eff. 1-1-10.)
 
5    (105 ILCS 5/13A-9)
6    Sec. 13A-9. Transportation. Subject to the requirements of
7Article 29 and except as otherwise agreed by the parents,
8school and regional superintendent, the school from which a
9student is administratively transferred shall provide for any
10transportation that the transfer necessitates, if
11transportation is provided required pursuant to Section 29-3.
12The regional superintendent shall coordinate all
13transportation arrangements with transferring school
14districts. The regional superintendent may also arrange for
15cooperation between school districts in the regional
16superintendent's educational service region regarding the
17transportation needs of transferred students in order to reduce
18the costs of that transportation and to provide greater
19convenience for the students involved.
20(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
2189-636, eff. 8-9-96; 90-14, eff. 7-1-97.)
 
22    (105 ILCS 5/13B-20.35)
23    Sec. 13B-20.35. Transportation of students. School
24districts may that are required to provide transportation

 

 

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1pursuant to Section 29-3 of this Code shall provide
2transportation for students enrolled in alternative learning
3opportunities programs. Other school districts shall provide
4transportation to the same extent that they provide
5transportation to other students. A school district may
6collaborate with the regional superintendent of schools to
7establish a cooperative transportation agreement among school
8districts in the region to reduce the costs of transportation
9and to provide for greater accessibility for students attending
10alternative learning opportunities programs.
11(Source: P.A. 92-42, eff. 1-1-02.)
 
12    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
13    Sec. 14-7.02. Children attending private schools, public
14out-of-state schools, public school residential facilities or
15private special education facilities. The General Assembly
16recognizes that non-public schools or special education
17facilities provide an important service in the educational
18system in Illinois.
19    If because of his or her disability the special education
20program of a district is unable to meet the needs of a child
21and the child attends a non-public school or special education
22facility, a public out-of-state school or a special education
23facility owned and operated by a county government unit that
24provides special educational services required by the child and
25is in compliance with the appropriate rules and regulations of

 

 

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1the State Superintendent of Education, the school district in
2which the child is a resident shall pay the actual cost of
3tuition for special education and related services provided
4during the regular school term and during the summer school
5term if the child's educational needs so require, excluding
6room, board and transportation costs charged the child by that
7non-public school or special education facility, public
8out-of-state school or county special education facility, or
9$4,500 per year, whichever is less, and shall provide him any
10necessary transportation. "Nonpublic special education
11facility" shall include a residential facility, within or
12without the State of Illinois, which provides special education
13and related services to meet the needs of the child by
14utilizing private schools or public schools, whether located on
15the site or off the site of the residential facility.
16    The State Board of Education shall promulgate rules and
17regulations for determining when placement in a private special
18education facility is appropriate. Such rules and regulations
19shall take into account the various types of services needed by
20a child and the availability of such services to the particular
21child in the public school. In developing these rules and
22regulations the State Board of Education shall consult with the
23Advisory Council on Education of Children with Disabilities and
24hold public hearings to secure recommendations from parents,
25school personnel, and others concerned about this matter.
26    The State Board of Education shall also promulgate rules

 

 

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1and regulations for transportation to and from a residential
2school. Transportation to and from home to a residential school
3more than once each school term shall be subject to prior
4approval by the State Superintendent in accordance with the
5rules and regulations of the State Board.
6    A school district making tuition payments pursuant to this
7Section is eligible for reimbursement from the State for the
8amount of such payments actually made in excess of the district
9per capita tuition charge for students not receiving special
10education services. Such reimbursement shall be approved in
11accordance with Section 14-12.01 and each district shall file
12its claims, computed in accordance with rules prescribed by the
13State Board of Education, on forms prescribed by the State
14Superintendent of Education. Data used as a basis of
15reimbursement claims shall be for the preceding regular school
16term and summer school term. Each school district shall
17transmit its claims to the State Board of Education on or
18before August 15. The State Board of Education, before
19approving any such claims, shall determine their accuracy and
20whether they are based upon services and facilities provided
21under approved programs. Upon approval the State Board shall
22cause vouchers to be prepared showing the amount due for
23payment of reimbursement claims to school districts, for
24transmittal to the State Comptroller on the 30th day of
25September, December, and March, respectively, and the final
26voucher, no later than June 20. If the money appropriated by

 

 

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1the General Assembly for such purpose for any year is
2insufficient, it shall be apportioned on the basis of the
3claims approved.
4    No child shall be placed in a special education program
5pursuant to this Section if the tuition cost for special
6education and related services increases more than 10 percent
7over the tuition cost for the previous school year or exceeds
8$4,500 per year unless such costs have been approved by the
9Illinois Purchased Care Review Board. The Illinois Purchased
10Care Review Board shall consist of the following persons, or
11their designees: the Directors of Children and Family Services,
12Public Health, Public Aid, and the Governor's Office of
13Management and Budget; the Secretary of Human Services; the
14State Superintendent of Education; and such other persons as
15the Governor may designate. The Review Board shall establish
16rules and regulations for its determination of allowable costs
17and payments made by local school districts for special
18education, room and board, and other related services provided
19by non-public schools or special education facilities and shall
20establish uniform standards and criteria which it shall follow.
21    The Review Board shall establish uniform definitions and
22criteria for accounting separately by special education, room
23and board and other related services costs. The Board shall
24also establish guidelines for the coordination of services and
25financial assistance provided by all State agencies to assure
26that no otherwise qualified disabled child receiving services

 

 

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1under Article 14 shall be excluded from participation in, be
2denied the benefits of or be subjected to discrimination under
3any program or activity provided by any State agency.
4    The Review Board shall review the costs for special
5education and related services provided by non-public schools
6or special education facilities and shall approve or disapprove
7such facilities in accordance with the rules and regulations
8established by it with respect to allowable costs.
9    The State Board of Education shall provide administrative
10and staff support for the Review Board as deemed reasonable by
11the State Superintendent of Education. This support shall not
12include travel expenses or other compensation for any Review
13Board member other than the State Superintendent of Education.
14    The Review Board shall seek the advice of the Advisory
15Council on Education of Children with Disabilities on the rules
16and regulations to be promulgated by it relative to providing
17special education services.
18    If a child has been placed in a program in which the actual
19per pupil costs of tuition for special education and related
20services based on program enrollment, excluding room, board and
21transportation costs, exceed $4,500 and such costs have been
22approved by the Review Board, the district shall pay such total
23costs which exceed $4,500. A district making such tuition
24payments in excess of $4,500 pursuant to this Section shall be
25responsible for an amount in excess of $4,500 equal to the
26district per capita tuition charge and shall be eligible for

 

 

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1reimbursement from the State for the amount of such payments
2actually made in excess of the districts per capita tuition
3charge for students not receiving special education services.
4    If a child has been placed in an approved individual
5program and the tuition costs including room and board costs
6have been approved by the Review Board, then such room and
7board costs shall be paid by the appropriate State agency
8subject to the provisions of Section 14-8.01 of this Act. Room
9and board costs not provided by a State agency other than the
10State Board of Education shall be provided by the State Board
11of Education on a current basis. In no event, however, shall
12the State's liability for funding of these tuition costs begin
13until after the legal obligations of third party payors have
14been subtracted from such costs. If the money appropriated by
15the General Assembly for such purpose for any year is
16insufficient, it shall be apportioned on the basis of the
17claims approved. Each district shall submit estimated claims to
18the State Superintendent of Education. Upon approval of such
19claims, the State Superintendent of Education shall direct the
20State Comptroller to make payments on a monthly basis. The
21frequency for submitting estimated claims and the method of
22determining payment shall be prescribed in rules and
23regulations adopted by the State Board of Education. Such
24current state reimbursement shall be reduced by an amount equal
25to the proceeds which the child or child's parents are eligible
26to receive under any public or private insurance or assistance

 

 

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1program. Nothing in this Section shall be construed as
2relieving an insurer or similar third party from an otherwise
3valid obligation to provide or to pay for services provided to
4a disabled child.
5    If it otherwise qualifies, a school district is eligible
6for the transportation reimbursement under Section 29-0.01 of
7this Code 14-13.01 and for the reimbursement of tuition
8payments under this Section whether the non-public school or
9special education facility, public out-of-state school or
10county special education facility, attended by a child who
11resides in that district and requires special educational
12services, is within or outside of the State of Illinois.
13However, a district is not eligible to claim transportation
14reimbursement under this Section unless the district certifies
15to the State Superintendent of Education that the district is
16unable to provide special educational services required by the
17child for the current school year.
18    Nothing in this Section authorizes the reimbursement of a
19school district for the amount paid for tuition of a child
20attending a non-public school or special education facility,
21public out-of-state school or county special education
22facility unless the school district certifies to the State
23Superintendent of Education that the special education program
24of that district is unable to meet the needs of that child
25because of his disability and the State Superintendent of
26Education finds that the school district is in substantial

 

 

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1compliance with Section 14-4.01. However, if a child is
2unilaterally placed by a State agency or any court in a
3non-public school or special education facility, public
4out-of-state school, or county special education facility, a
5school district shall not be required to certify to the State
6Superintendent of Education, for the purpose of tuition
7reimbursement, that the special education program of that
8district is unable to meet the needs of a child because of his
9or her disability.
10    Any educational or related services provided, pursuant to
11this Section in a non-public school or special education
12facility or a special education facility owned and operated by
13a county government unit shall be at no cost to the parent or
14guardian of the child. However, current law and practices
15relative to contributions by parents or guardians for costs
16other than educational or related services are not affected by
17this amendatory Act of 1978.
18    Reimbursement for children attending public school
19residential facilities shall be made in accordance with the
20provisions of this Section.
21    Notwithstanding any other provision of law, any school
22district receiving a payment under this Section or under
23Section 14-7.02b, 14-13.01, or 29-0.01 29-5 of this Code may
24classify all or a portion of the funds that it receives in a
25particular fiscal year or from general State aid pursuant to
26Section 18-8.05 of this Code as funds received in connection

 

 

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1with any funding program for which it is entitled to receive
2funds from the State in that fiscal year (including, without
3limitation, any funding program referenced in this Section),
4regardless of the source or timing of the receipt. The district
5may not classify more funds as funds received in connection
6with the funding program than the district is entitled to
7receive in that fiscal year for that program. Any
8classification by a district must be made by a resolution of
9its board of education. The resolution must identify the amount
10of any payments or general State aid to be classified under
11this paragraph and must specify the funding program to which
12the funds are to be treated as received in connection
13therewith. This resolution is controlling as to the
14classification of funds referenced therein. A certified copy of
15the resolution must be sent to the State Superintendent of
16Education. The resolution shall still take effect even though a
17copy of the resolution has not been sent to the State
18Superintendent of Education in a timely manner. No
19classification under this paragraph by a district shall affect
20the total amount or timing of money the district is entitled to
21receive under this Code. No classification under this paragraph
22by a district shall in any way relieve the district from or
23affect any requirements that otherwise would apply with respect
24to that funding program, including any accounting of funds by
25source, reporting expenditures by original source and purpose,
26reporting requirements, or requirements of providing services.

 

 

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1(Source: P.A. 93-1022, eff. 8-24-04; 94-177, eff. 7-12-05.)
 
2    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
3    Sec. 14-13.01. Reimbursement payable by State; amounts for
4personnel and transportation.
5    (a) For staff working on behalf of children who have not
6been identified as eligible for special education and for
7eligible children with physical disabilities, including all
8eligible children whose placement has been determined under
9Section 14-8.02 in hospital or home instruction, 1/2 of the
10teacher's salary but not more than $1,000 annually per child or
11$9,000 per teacher, whichever is less. A child qualifies for
12home or hospital instruction if it is anticipated that, due to
13a medical condition, the child will be unable to attend school,
14and instead must be instructed at home or in the hospital, for
15a period of 2 or more consecutive weeks or on an ongoing
16intermittent basis. For purposes of this Section, "ongoing
17intermittent basis" means that the child's medical condition is
18of such a nature or severity that it is anticipated that the
19child will be absent from school due to the medical condition
20for periods of at least 2 days at a time multiple times during
21the school year totaling at least 10 days or more of absences.
22There shall be no requirement that a child be absent from
23school a minimum number of days before the child qualifies for
24home or hospital instruction. In order to establish eligibility
25for home or hospital services, a student's parent or guardian

 

 

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1must submit to the child's school district of residence a
2written statement from a physician licensed to practice
3medicine in all of its branches stating the existence of such
4medical condition, the impact on the child's ability to
5participate in education, and the anticipated duration or
6nature of the child's absence from school. Home or hospital
7instruction may commence upon receipt of a written physician's
8statement in accordance with this Section, but instruction
9shall commence not later than 5 school days after the school
10district receives the physician's statement. Special education
11and related services required by the child's IEP or services
12and accommodations required by the child's federal Section 504
13plan must be implemented as part of the child's home or
14hospital instruction, unless the IEP team or federal Section
15504 plan team determines that modifications are necessary
16during the home or hospital instruction due to the child's
17condition. Eligible children to be included in any
18reimbursement under this paragraph must regularly receive a
19minimum of one hour of instruction each school day, or in lieu
20thereof of a minimum of 5 hours of instruction in each school
21week in order to qualify for full reimbursement under this
22Section. If the attending physician for such a child has
23certified that the child should not receive as many as 5 hours
24of instruction in a school week, however, reimbursement under
25this paragraph on account of that child shall be computed
26proportionate to the actual hours of instruction per week for

 

 

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1that child divided by 5. The State Board of Education shall
2establish rules governing the required qualifications of staff
3providing home or hospital instruction.
4    (b) (Blank). For children described in Section 14-1.02, 80%
5of the cost of transportation approved as a related service in
6the Individualized Education Program for each student in order
7to take advantage of special educational facilities.
8Transportation costs shall be determined in the same fashion as
9provided in Section 29-5. For purposes of this subsection (b),
10the dates for processing claims specified in Section 29-5 shall
11apply.
12    (c) For each qualified worker, the annual sum of $9,000.
13    (d) For one full time qualified director of the special
14education program of each school district which maintains a
15fully approved program of special education the annual sum of
16$9,000. Districts participating in a joint agreement special
17education program shall not receive such reimbursement if
18reimbursement is made for a director of the joint agreement
19program.
20    (e) (Blank).
21    (f) (Blank).
22    (g) For readers, working with blind or partially seeing
23children 1/2 of their salary but not more than $400 annually
24per child. Readers may be employed to assist such children and
25shall not be required to be certified but prior to employment
26shall meet standards set up by the State Board of Education.

 

 

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1    (h) For non-certified employees, as defined by rules
2promulgated by the State Board of Education, who deliver
3services to students with IEPs, 1/2 of the salary paid or
4$3,500 per employee, whichever is less.
5    The State Board of Education shall set standards and
6prescribe rules for determining the allocation of
7reimbursement under this section on less than a full time basis
8and for less than a school year.
9    When any school district eligible for reimbursement under
10this Section operates a school or program approved by the State
11Superintendent of Education for a number of days in excess of
12the adopted school calendar but not to exceed 235 school days,
13such reimbursement shall be increased by 1/180 of the amount or
14rate paid hereunder for each day such school is operated in
15excess of 180 days per calendar year.
16    Notwithstanding any other provision of law, any school
17district receiving a payment under this Section or under
18Section 14-7.02, 14-7.02b, or 29-0.01 29-5 of this Code may
19classify all or a portion of the funds that it receives in a
20particular fiscal year or from general State aid pursuant to
21Section 18-8.05 of this Code as funds received in connection
22with any funding program for which it is entitled to receive
23funds from the State in that fiscal year (including, without
24limitation, any funding program referenced in this Section),
25regardless of the source or timing of the receipt. The district
26may not classify more funds as funds received in connection

 

 

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1with the funding program than the district is entitled to
2receive in that fiscal year for that program. Any
3classification by a district must be made by a resolution of
4its board of education. The resolution must identify the amount
5of any payments or general State aid to be classified under
6this paragraph and must specify the funding program to which
7the funds are to be treated as received in connection
8therewith. This resolution is controlling as to the
9classification of funds referenced therein. A certified copy of
10the resolution must be sent to the State Superintendent of
11Education. The resolution shall still take effect even though a
12copy of the resolution has not been sent to the State
13Superintendent of Education in a timely manner. No
14classification under this paragraph by a district shall affect
15the total amount or timing of money the district is entitled to
16receive under this Code. No classification under this paragraph
17by a district shall in any way relieve the district from or
18affect any requirements that otherwise would apply with respect
19to that funding program, including any accounting of funds by
20source, reporting expenditures by original source and purpose,
21reporting requirements, or requirements of providing services.
22(Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)
 
23    (105 ILCS 5/17-2)  (from Ch. 122, par. 17-2)
24    Sec. 17-2. Tax levies; purposes; rates. Except as otherwise
25provided in Articles 12 and 13 of this Act, the following

 

 

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1maximum rates shall apply to all taxes levied after August 10,
21965, in districts having a population of less than 500,000
3inhabitants, including those districts organized under Article
411 of the School Code. The school board of any district having
5a population of less than 500,000 inhabitants may levy a tax
6annually, at not to exceed the maximum rates and for the
7specified purposes, upon all the taxable property of the
8district at the value, as equalized or assessed by the
9Department of Revenue as follows:
10        (1) districts maintaining only grades 1 through 8, .92%
11    for educational purposes and .25% for operations and
12    maintenance purposes;
13        (2) districts maintaining only grades 9 through 12,
14    .92% for educational purposes and .25% for operations and
15    maintenance purposes;
16        (3) districts maintaining grades 1 through 12, 1.63%
17    for the 1985-86 school year, 1.68% for the 1986-87 school
18    year, 1.75% for the 1987-88 school year and 1.84% for the
19    1988-89 school year and thereafter for educational
20    purposes and .405% for the 1989-90 school year, .435% for
21    the 1990-91 school year, .465% for the 1991-92 school year,
22    and .50% for the 1992-93 school year and thereafter for
23    operations and maintenance purposes;
24        (4) all districts, 0.75% for capital improvement
25    purposes (which is in addition to the levy for operations
26    and maintenance purposes), which tax is to be levied,

 

 

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1    accumulated for not more than 6 years, and spent for
2    capital improvement purposes (including but not limited to
3    the construction of a new school building or buildings or
4    the purchase of school grounds on which any new school
5    building is to be constructed or located, or both) only in
6    accordance with Section 17-2.3 of this Act;
7        (5) districts maintaining only grades 1 through 8, .12%
8    for transportation purposes, provided that districts
9    maintaining only grades kindergarten through 8 which have
10    an enrollment of at least 2600 students may levy, subject
11    to Section 17-2.2, at not to exceed a maximum rate of .20%
12    for transportation purposes for any school year in which
13    the number of students transported requiring
14    transportation in the district exceeds by at least 2% the
15    number of students transported requiring transportation in
16    the district during the preceding school year, as verified
17    in the district's claim for pupil transportation and
18    reimbursement and as certified by the State Board of
19    Education to the county clerk of the county in which such
20    district is located not later than November 15 following
21    the submission of such claim; districts maintaining only
22    grades 9 through 12, .12% for transportation purposes; and
23    districts maintaining grades 1 through 12, 0.24% for the
24    2013-2014 .14% for the 1985-86 school year, .16% for the
25    1986-87 school year, .18% for the 1987-88 school year and
26    .20% for the 1988-89 school year and thereafter, for

 

 

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1    transportation purposes;
2        (6) districts providing summer classes, .15% for
3    educational purposes, subject to Section 17-2.1 of this
4    Act.
5    Whenever any special charter school district operating
6grades 1 through 12, has organized or shall organize under the
7general school law, the district so organized may continue to
8levy taxes at not to exceed the rate at which taxes were last
9actually extended by the special charter district, except that
10if such rate at which taxes were last actually extended by such
11special charter district was less than the maximum rate for
12districts maintaining grades 1 through 12 authorized under this
13Section, such special charter district nevertheless may levy
14taxes at a rate not to exceed the maximum rate for districts
15maintaining grades 1 through 12 authorized under this Section,
16and except that if any such district maintains only grades 1
17through 8, the board may levy, for educational purposes, at a
18rate not to exceed the maximum rate for elementary districts
19authorized under this Section.
20    Maximum rates before or after established in excess of
21those prescribed shall not be affected by the amendatory Act of
221965.
23(Source: P.A. 87-984; 87-1023; 88-45.)
 
24    (105 ILCS 5/17-8)  (from Ch. 122, par. 17-8)
25    Sec. 17-8. Transportation costs paid from transportation

 

 

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1fund. Any transportation operating costs incurred for
2transporting pupils to and from school and school sponsored
3activities and the costs of acquiring equipment shall be paid
4from a transportation fund to consist of moneys received from
5any tax levy for such purpose, state reimbursement for
6transportation, except as provided in Section 29-0.01 of this
7Code 29-5, all funds received from other districts for
8transporting pupils and any charges for transportation
9services rendered to individuals or auxiliary enterprises of
10the school.
11    For the purpose of this Act "transportation operating cost"
12shall include all costs of transportation except interest and
13rental of building facilities.
14(Source: P.A. 85-581.)
 
15    (105 ILCS 5/29-0.01 new)
16    Sec. 29-0.01. Transportation by and reimbursement for
17school districts, area vocational schools, and
18State-authorized charter schools.
19    (a) This Section applies beginning on July 1, 2013.
20    (b) As used in this Section:
21    "District Average Per Student Transported" means the
22average number of eligible public and non-public students
23transported for regular transportation per year, which is
24calculated by dividing the total number of days students
25eligible for reimbursable transportation pursuant to

 

 

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1subsection (d) of this Section are enrolled in the school
2district by the number of days of student attendance in the
3school district's final district school year calendar.
4    "Statewide Average Per Student Amount" means the total
5average number of eligible public and non-public students
6transported for regular transportation per year across all
7school districts divided by the cumulative amount of allowable
8regular transportation costs across all school districts as
9calculated pursuant to Section 29-0.10 of this Code and
10applicable rules across all school districts.
11    "District Per Student Transported Amount" means the
12product of (i) the District Average Per Student Transported and
13(ii) the Statewide Average Per Student Transported Amount less
14the District Qualifying Amount.
15    "District Qualifying Amount" means the product of the
16school district equalized assessed valuation and the
17qualifying rate as determined by district type. The qualifying
18rate by district type is (i) 0.05% for a dual district
19maintaining grades 9 through 12, 0.06% for an elementary school
20district maintaining grades kindergarten through 8, and 0.07%
21for unit districts maintaining grades kindergarten through 12,
22including optional elementary unit districts and combined high
23school - unit districts; provided that for optional elementary
24unit districts and combined high school - unit districts,
25assessed valuation for high school purposes, as defined in
26Article 11E of this Code, must be used. For purposes of the

 

 

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1calculation in this paragraph, State-authorized charter
2schools shall use the equalized assessed valuation of the
3school district in which the State-authorized charter school is
4physically located. For purposes of calculating claims for
5reimbursement under this Section, the equalized assessed
6valuation shall be computed in the same manner as it is
7computed under paragraph (2) of subsection (G) of Section
818-8.05 of this Code.
9    "District Regular Transportation Miles" means the total
10regular route and curricular-related field trip miles for
11regular transportation per school year. Regular route miles
12include, but are not limited to, all home-to-school and
13school-to-home transportation, transportation to the school
14attended from pick-up points at the beginning of the school day
15and back again at the close of the school day or to and from
16students' assigned school during the school day, and
17transportation for the maintenance and inspection of school
18buses.
19    "Statewide Average Per Mile Amount" means the total number
20of eligible miles across all school districts divided by the
21cumulative amount of allowable regular transportation costs as
22calculated pursuant to Section 29-0.15 of this Code and
23applicable rules across all school districts.
24    "District Per Mile Amount" means the product of (i) the
25District Regular Transportation Miles and (ii) the Statewide
26Average Per Mile Amount less the District Qualifying Amount.

 

 

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1    (c) School districts, area vocational schools, and
2State-authorized charter schools may provide transportation
3for students in prekindergarten through grade 12.
4Reimbursement and the ability to charge for such transportation
5shall be governed by this Section and any rules adopted by the
6State Board of Education in accordance with this Section and is
7subject to appropriation by the General Assembly.
8    (d) If a school district, area vocational school, or
9State-authorized charter school provides transportation, it
10may submit claims for reimbursement and on such claims include
11the following:
12        (1) resident prekindergarten through grade 12 students
13    residing at least one and one-half miles from the school
14    attended; and
15        (2) resident prekindergarten through grade 12 students
16    residing in an area less than one and one-half miles from
17    the school assigned where conditions are such that walking
18    constitutes a hazard to the safety of the student due to
19    vehicular traffic or rail crossings. The determination as
20    to what constitutes a hazard to the safety of the student
21    for purposes of this subsection (d) shall be made by the
22    school board, in accordance with guidelines promulgated by
23    the Department of Transportation, in consultation with the
24    State Superintendent of Education.
25    A school board, on written petition of the parent or
26guardian of a student residing in an area less than one and

 

 

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1one-half miles from the school assigned for whom walking either
2to or from the school to which a student is assigned or to or
3from a pick-up point or bus stop constitutes a hazard to the
4safety of the student in accordance with guidelines promulgated
5by the Department of Transportation, shall conduct a study and
6make findings, which the Department of Transportation shall
7review and approve or disapprove as provided in this Section,
8to determine whether a safety hazard exists as alleged in the
9petition. The Department of Transportation shall review the
10findings of the school board and shall approve or disapprove
11the school board's determination that a safety hazard exists
12within 30 days after the school board submits its findings to
13the Department. The school board shall annually review the
14conditions and determine whether or not the hazardous
15conditions remain unchanged. The State Superintendent of
16Education may request that the Department of Transportation
17verify that the conditions have not changed. No action shall
18lie against the school board, the State Superintendent of
19Education, or the Department of Transportation for decisions
20made in accordance with this Section. The provisions of the
21Administrative Review Law and the rules adopted pursuant to the
22Administrative Review Law shall apply to and govern all
23proceedings instituted for the judicial review of final
24administrative decisions of the Department of Transportation
25under this Section.
26    For the purpose of this subsection (d), one and one-half

 

 

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1miles shall be measured from the exit of the property where the
2student resides to the point where students are normally
3unloaded at the school attended; such distance shall be
4measured by determining the shortest distance on normally
5traveled roads, streets, sidewalks, or walking paths. A walking
6path is considered to be normally traveled if it is open to and
7used by the general public for pedestrian travel throughout the
8school year so that students can use the path when walking to
9and from school. If a student is at a location within the
10school district other than his or her residence for child care
11purposes at the time for transportation to school, that
12location may be considered for purposes of determining the one
13and one-half miles from the school attended.
14    (e) Beginning with regular transportation claims submitted
15for the 2012-2013 school year, the State shall reimburse each
16school district and State-authorized charter school, subject
17to this Section, the greater of either the "District Per
18Student Transported Amount" or "District Per Mile Amount".
19    (f) Any school district or State-authorized charter school
20transporting resident students during the school day to an area
21vocational school or another school district's vocational
22program more than one and one-half miles from the school
23attended, as provided in Sections 10-22.20a and 10-22.22 of
24this Code, shall be reimbursed by the State for 80% of the cost
25of transporting eligible students.
26    (g) If an elementary or high school district does not have

 

 

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1at least a 0.12% transportation fund tax rate or if a unit
2district does not have at least a 0.24% transportation fund tax
3rate, the amount of the school district's claim as calculated
4in this Section shall be reduced by the sum arrived at by
5subtracting the transportation fund tax rate from 0.12% for
6elementary and high school districts or 0.24% for unit
7districts and multiplying that amount by the district's
8equalized assessed valuation.
9    (h) In Fiscal Year 2014, school districts, area vocational
10schools, and State-authorized charter schools shall not
11receive transportation reimbursement under this Section for
12the prior fiscal year totaling less than 50% of the gross
13regular and vocational transportation amount reimbursed by the
14State for transportation in Fiscal Year 2013. In this
15subsection (h), Fiscal Year 2013 shall be referred to as the
16base year. In Fiscal Year 2015, all school districts, area
17vocational schools, and State-authorized charter schools shall
18receive reimbursement no less than 25% of the base year. This
19level of funding each fiscal year must be computed first. Any
20remaining funds must be determined pursuant to the formula set
21forth in this Section. Beginning in Fiscal Year 2016, school
22districts, area vocational schools, and State-authorized
23charter schools shall have all transportation reimbursement
24claims determined pursuant to the formula set forth in this
25Section. If the total amount calculated pursuant to this
26Section is less than the available appropriation, the State

 

 

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1Board of Education shall proportionally reduce each claim to
2make total adjusted claims equal the total amount appropriated.
3    (i) A school district, area vocational school, or
4State-authorized charter school may assess a charge for the
5provision of transportation, which shall not exceed the actual
6cost thereof, including a reasonable allowance for deprecation
7of the vehicles used; provided that any revenue obtained from
8such charges are included on any claim submitted to the State
9for reimbursement as an offset to allowable direct costs, and
10any transportation charges for students living in households
11that meet the free lunch or breakfast eligibility guidelines
12established by the federal government pursuant to Section 1758
13of the federal Richard B. Russell National School Lunch Act (42
14U.S.C. 1758; 7 CFR 245 et seq.) must be waived.
15    Any school district, area vocational school, or
16State-authorized charter school that participates in a
17federally funded, school-based, child nutrition program and
18uses a student's application for, eligibility for, or
19participation in the federally funded, school-based, child
20nutrition program (42 U.S.C. 1758; 7 CFR 245 et seq.) as the
21basis for waiving transportation charges assessed by the school
22district must follow the verification requirements of the
23federally funded, school-based, child nutrition program (42
24U.S.C. 1758; 7 CFR 245.6a).
25    A school district, area vocational school, or
26State-authorized charter school that establishes a process for

 

 

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1the determination of eligibility for waiver of transportation
2charges assessed by the school district that is completely
3independent of a student's application for, eligibility for, or
4participation in a federally funded, school-based, child
5nutrition program may provide for transportation charge waiver
6verification no more often than every 60 calendar days.
7Information obtained during the independent, transportation
8charge waiver verification process indicating that the student
9does not meet free lunch or breakfast eligibility guidelines
10may be used to deny the waiver of the student's transportation
11charges, provided that any information obtained through this
12independent process for determining or verifying eligibility
13for transportation charge waivers must not be used to determine
14or verify eligibility for any federally funded, school-based,
15child nutrition program.
 
16    (105 ILCS 5/29-0.05 new)
17    Sec. 29-0.05. Transportation for special education
18students.
19    (a) This Section applies beginning on July 1, 2013.
20    (b) Any school district, State-authorized charter school,
21or special education cooperative transporting students
22described in Section 14-1.02 of this Code who require special
23transportation approved as a related service per the student's
24individualized education program during the school day shall be
25reimbursed by the State, subject to appropriation, for 80% of

 

 

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1the cost of transporting eligible students as provided in
2Section 29-0.10 of this Code. Special education allowable costs
3shall include expenditures for the salaries of attendants or
4aides for that portion of the time they assist special
5education students while in transit and expenditures for
6parents and public carriers for transporting special education
7students when pre-approved by the State Superintendent of
8Education.
 
9    (105 ILCS 5/29-0.10 new)
10    Sec. 29-0.10. Allowable costs for transporting all
11students.
12    (a) This Section applies beginning on July 1, 2013.
13    (b) The allowable cost of transporting all students is
14limited to the sum of the direct costs set forth in this
15Section and any applicable rules, less any
16transportation-related revenue received, including without
17limitation fees charged, but not including local tax revenue.
18Such direct costs are physical examinations required for
19employment as a school bus driver; the salaries of full or
20part-time drivers and school bus maintenance personnel;
21employee benefits, excluding Illinois municipal retirement
22payments, social security payments, unemployment insurance
23payments, and workers' compensation insurance premiums;
24expenditures to independent carriers who operate school buses;
25payments to other school districts for student transportation

 

 

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1services; pre-approved contractual expenditures for
2computerized bus scheduling; the cost of gasoline, oil, tires,
3and other supplies necessary for the operation of school buses;
4the cost of converting buses' gasoline engines to more fuel
5efficient engines or to engines that use alternative energy
6sources; the cost of travel to meetings and workshops conducted
7by the regional superintendent of schools or the State
8Superintendent of Education pursuant to the standards
9established by the Secretary of State under Section 6-106.1 of
10the Illinois Vehicle Code to improve the driving skills of
11school bus drivers; the cost of maintenance of school buses,
12including parts and materials used; expenditures for leasing
13transportation vehicles, except interest and service charges;
14the cost of insurance and licenses for transportation vehicles;
15expenditures for the rental of transportation equipment; and a
16depreciation allowance of 20% for 5 years for school buses
17transporting students to and from school and a depreciation
18allowance of 10% for 10 years for other transportation
19equipment so used.
20    (c) Each school year, if a school district has made
21expenditures to the Regional Transportation Authority or any of
22its service boards, a mass transit district, or an urban
23transportation district under an intergovernmental agreement
24with the school district to provide for the transportation of
25students and if the public transit carrier received direct
26payment for services or passes from the school district within

 

 

09700HB5825sam001- 33 -LRB097 19935 NHT 68752 a

1its service area during the 2000-2001 school year, then the
2allowable direct cost of transporting students for regular,
3vocational, and special education transportation shall also
4include the expenditures that the school district has made to
5the public transit carrier. In addition to these allowable
6costs, school districts shall also claim all transportation
7supervisory salary costs, including Illinois municipal
8retirement payments, and all transportation-related building
9and building maintenance costs without limitation.
10    (d) Indirect costs must be included in the reimbursement
11claim for school districts that own and operate their own
12school buses. Such indirect costs shall include administrative
13costs or any costs attributable to transporting students from
14their schools to another school building for instructional
15purposes. No school district that owns and operates its own
16school buses may claim reimbursement for indirect costs that
17exceed 5% of the total allowable direct costs for
18transportation.
19    (e) The State Board of Education shall prescribe rules
20related to the provision of and reimbursement for student
21transportation.
 
22    (105 ILCS 5/29-0.15 new)
23    Sec. 29-0.15. Submission of claims and receipt of funds.
24    (a) This Section applies beginning on July 1, 2013.
25    (b) On or before August 15, annually, the chief school

 

 

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1administrator for the school district, area vocational school,
2special education cooperative, or State-authorized charter
3school shall certify to the State Superintendent of Education
4the entity's claim for reimbursement for the school year ending
5on June 30 preceding. The State Superintendent of Education
6shall check and approve the claims and prepare the vouchers
7showing the amounts due. Each fiscal year, the State
8Superintendent of Education shall prepare and transmit the
9first 3 vouchers to the Comptroller on the 30th day of
10September, December, and March, respectively, and the final
11voucher no later than June 20.
12    (c) All reimbursements received from the State shall be
13deposited into the transportation fund or into the fund from
14which the allowable expenditures were made. Notwithstanding
15any other provision of law, any school district receiving a
16payment under this Section or under Section 14-7.02, 14-7.02b,
17or 14-13.01 of this Code may classify all or a portion of the
18funds that it receives in a particular fiscal year or from
19general State aid pursuant to Section 18-8.05 of this Code as
20funds received in connection with any funding program for which
21it is entitled to receive funds from the State in that fiscal
22year (including without limitation any funding program
23referenced in this Section), regardless of the source or timing
24of the receipt. The district may not classify more funds as
25funds received in connection with the funding program than the
26district is entitled to receive in that fiscal year for that

 

 

09700HB5825sam001- 35 -LRB097 19935 NHT 68752 a

1program. Any classification by a district must be made by a
2resolution of its school board. The resolution must identify
3the amount of any payments or general State aid to be
4classified under this subsection (c) and must specify the
5funding program to which the funds are to be treated as
6received in connection therewith. This resolution is
7controlling as to the classification of funds referenced
8therein. A certified copy of the resolution must be sent to the
9State Superintendent of Education. The resolution shall still
10take effect even though a copy of the resolution has not been
11sent to the State Superintendent of Education in a timely
12manner. No classification under this subsection (c) by a
13district shall affect the total amount or timing of money the
14district is entitled to receive under this Code. No
15classification under this subsection (c) by a district shall in
16any way relieve the district from or affect any requirements
17that otherwise would apply with respect to that funding
18program, including any accounting of funds by source, reporting
19expenditures by original source and purpose, reporting
20requirements, or requirements of providing services. Any
21school district with a population of not more than 500,000 must
22deposit all funds received under this Article into the
23transportation fund and use those funds for the provision of
24transportation services.
 
25    (105 ILCS 5/29-1)  (from Ch. 122, par. 29-1)

 

 

09700HB5825sam001- 36 -LRB097 19935 NHT 68752 a

1    Sec. 29-1. Free transportation of pupils.
2    School boards may provide free transportation for pupils,
3as prescribed in Section 10--22.22.
4    This Section is repealed on July 1, 2013.
5(Source: Laws 1961, p. 31.)
 
6    (105 ILCS 5/29-2)  (from Ch. 122, par. 29-2)
7    Sec. 29-2. Transportation of pupils less than one and
8one-half miles from school.
9    School boards may provide transportation for pupils living
10less than one and one-half miles as measured by the customary
11route of travel from the school attended and may make a charge
12for such transportation in an amount of not to exceed the cost
13thereof, which shall include a reasonable allowance for
14depreciation of the vehicles so used.
15    This Section is repealed on July 1, 2013.
16(Source: Laws 1961, p. 31.)
 
17    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
18    Sec. 29-3. Transportation in school districts. School
19boards of community consolidated districts, community unit
20districts, consolidated districts, consolidated high school
21districts, optional elementary unit districts, combined high
22school - unit districts, combined school districts if the
23combined district includes any district which was previously
24required to provide transportation, and any newly created

 

 

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1elementary or high school districts resulting from a high
2school - unit conversion, a unit to dual conversion, or a
3multi-unit conversion if the newly created district includes
4any area that was previously required to provide transportation
5shall provide free transportation for pupils residing at a
6distance of one and one-half miles or more from any school to
7which they are assigned for attendance maintained within the
8district, except for those pupils for whom the school board
9shall certify to the State Board of Education that adequate
10transportation for the public is available.
11    For the purpose of this Act 1 1/2 miles distance shall be
12from the exit of the property where the pupil resides to the
13point where pupils are normally unloaded at the school
14attended; such distance shall be measured by determining the
15shortest distance on normally traveled roads or streets.
16    Such school board may comply with the provisions of this
17Section by providing free transportation for pupils to and from
18an assigned school and a pick-up point located not more than
19one and one-half miles from the home of each pupil assigned to
20such point.
21    For the purposes of this Act "adequate transportation for
22the public" shall be assumed to exist for such pupils as can
23reach school by walking, one way, along normally traveled roads
24or streets less than 1 1/2 miles irrespective of the distance
25the pupil is transported by public transportation.
26    In addition to the other requirements of this Section, each

 

 

09700HB5825sam001- 38 -LRB097 19935 NHT 68752 a

1school board may provide free transportation for any pupil
2residing within 1 1/2 miles from the school attended where
3conditions are such that walking, either to or from the school
4to which a pupil is assigned for attendance or to or from a
5pick-up point or bus stop, constitutes a serious hazard to the
6safety of the pupil due to vehicular traffic or rail crossings.
7Such transportation shall not be provided if adequate
8transportation for the public is available.
9    The determination as to what constitutes a serious safety
10hazard shall be made by the school board, in accordance with
11guidelines promulgated by the Illinois Department of
12Transportation, in consultation with the State Superintendent
13of Education. A school board, on written petition of the parent
14or guardian of a pupil for whom adequate transportation for the
15public is alleged not to exist because the pupil is required to
16walk along normally traveled roads or streets where walking is
17alleged to constitute a serious safety hazard due to vehicular
18traffic or rail crossings, or who is required to walk between
19the pupil's home and assigned school or between the pupil's
20home or assigned school and a pick-up point or bus stop along
21roads or streets where walking is alleged to constitute a
22serious safety hazard due to vehicular traffic or rail
23crossings, shall conduct a study and make findings, which the
24Department of Transportation shall review and approve or
25disapprove as provided in this Section, to determine whether a
26serious safety hazard exists as alleged in the petition. The

 

 

09700HB5825sam001- 39 -LRB097 19935 NHT 68752 a

1Department of Transportation shall review the findings of the
2school board and shall approve or disapprove the school board's
3determination that a serious safety hazard exists within 30
4days after the school board submits its findings to the
5Department. The school board shall annually review the
6conditions and determine whether or not the hazardous
7conditions remain unchanged. The State Superintendent of
8Education may request that the Illinois Department of
9Transportation verify that the conditions have not changed. No
10action shall lie against the school board, the State
11Superintendent of Education or the Illinois Department of
12Transportation for decisions made in accordance with this
13Section. The provisions of the Administrative Review Law and
14all amendments and modifications thereof and the rules adopted
15pursuant thereto shall apply to and govern all proceedings
16instituted for the judicial review of final administrative
17decisions of the Department of Transportation under this
18Section.
19    This Section is repealed on July 1, 2013.
20(Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
 
21    (105 ILCS 5/29-3.2a)  (from Ch. 122, par. 29-3.2a)
22    Sec. 29-3.2a. Transportation to and from summer school
23sessions.) The school board of any school district that
24provides transportation for pupils to and from the school
25attended may provide transportation for pupils to and from

 

 

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1school during that period of the calendar year not embraced
2with the regular school term in which courses are taught for
3any pupils of the district who might participate, and may make
4a charge for such transportation in an amount not to exceed the
5cost thereof, which may include a reasonable allowance for
6depreciation of the vehicles so used; provided no charge shall
7be made for transportation of the types of children defined in
8Sections 14-1.02 through 14-1.03a 14-1.07 of this Code Act and
9school boards providing such transportation shall be
10reimbursed pursuant to Section 29-0.05 14-13.01 of this Code
11Act.
12(Source: P.A. 79-203.)
 
13    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
14    Sec. 29-5. Reimbursement by State for transportation. Any
15school district, maintaining a school, transporting resident
16pupils to another school district's vocational program,
17offered through a joint agreement approved by the State Board
18of Education, as provided in Section 10-22.22 or transporting
19its resident pupils to a school which meets the standards for
20recognition as established by the State Board of Education
21which provides transportation meeting the standards of safety,
22comfort, convenience, efficiency and operation prescribed by
23the State Board of Education for resident pupils in
24kindergarten or any of grades 1 through 12 who: (a) reside at
25least 1 1/2 miles as measured by the customary route of travel,

 

 

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1from the school attended; or (b) reside in areas where
2conditions are such that walking constitutes a hazard to the
3safety of the child when determined under Section 29-3; and (c)
4are transported to the school attended from pick-up points at
5the beginning of the school day and back again at the close of
6the school day or transported to and from their assigned
7attendance centers during the school day, shall be reimbursed
8by the State as hereinafter provided in this Section.
9    The State will pay the cost of transporting eligible pupils
10less the assessed valuation in a dual school district
11maintaining secondary grades 9 to 12 inclusive times a
12qualifying rate of .05%; in elementary school districts
13maintaining grades K to 8 times a qualifying rate of .06%; and
14in unit districts maintaining grades K to 12, including
15optional elementary unit districts and combined high school -
16unit districts, times a qualifying rate of .07%; provided that
17for optional elementary unit districts and combined high school -
18 unit districts, assessed valuation for high school purposes,
19as defined in Article 11E of this Code, must be used. To be
20eligible to receive reimbursement in excess of 4/5 of the cost
21to transport eligible pupils, a school district shall have a
22Transportation Fund tax rate of at least .12%. If a school
23district does not have a .12% Transportation Fund tax rate, the
24amount of its claim in excess of 4/5 of the cost of
25transporting pupils shall be reduced by the sum arrived at by
26subtracting the Transportation Fund tax rate from .12% and

 

 

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1multiplying that amount by the districts equalized or assessed
2valuation, provided, that in no case shall said reduction
3result in reimbursement of less than 4/5 of the cost to
4transport eligible pupils.
5    The minimum amount to be received by a district is $16
6times the number of eligible pupils transported.
7    When calculating the reimbursement for transportation
8costs, the State Board of Education may not deduct the number
9of pupils enrolled in early education programs from the number
10of pupils eligible for reimbursement if the pupils enrolled in
11the early education programs are transported at the same time
12as other eligible pupils.
13    Any such district transporting resident pupils during the
14school day to an area vocational school or another school
15district's vocational program more than 1 1/2 miles from the
16school attended, as provided in Sections 10-22.20a and
1710-22.22, shall be reimbursed by the State for 4/5 of the cost
18of transporting eligible pupils.
19    School day means that period of time which the pupil is
20required to be in attendance for instructional purposes.
21    If a pupil is at a location within the school district
22other than his residence for child care purposes at the time
23for transportation to school, that location may be considered
24for purposes of determining the 1 1/2 miles from the school
25attended.
26    Claims for reimbursement that include children who attend

 

 

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1any school other than a public school shall show the number of
2such children transported.
3    Claims for reimbursement under this Section shall not be
4paid for the transportation of pupils for whom transportation
5costs are claimed for payment under other Sections of this Act.
6    The allowable direct cost of transporting pupils for
7regular, vocational, and special education pupil
8transportation shall be limited to the sum of the cost of
9physical examinations required for employment as a school bus
10driver; the salaries of full or part-time drivers and school
11bus maintenance personnel; employee benefits excluding
12Illinois municipal retirement payments, social security
13payments, unemployment insurance payments and workers'
14compensation insurance premiums; expenditures to independent
15carriers who operate school buses; payments to other school
16districts for pupil transportation services; pre-approved
17contractual expenditures for computerized bus scheduling; the
18cost of gasoline, oil, tires, and other supplies necessary for
19the operation of school buses; the cost of converting buses'
20gasoline engines to more fuel efficient engines or to engines
21which use alternative energy sources; the cost of travel to
22meetings and workshops conducted by the regional
23superintendent or the State Superintendent of Education
24pursuant to the standards established by the Secretary of State
25under Section 6-106 of the Illinois Vehicle Code to improve the
26driving skills of school bus drivers; the cost of maintenance

 

 

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1of school buses including parts and materials used;
2expenditures for leasing transportation vehicles, except
3interest and service charges; the cost of insurance and
4licenses for transportation vehicles; expenditures for the
5rental of transportation equipment; plus a depreciation
6allowance of 20% for 5 years for school buses and vehicles
7approved for transporting pupils to and from school and a
8depreciation allowance of 10% for 10 years for other
9transportation equipment so used. Each school year, if a school
10district has made expenditures to the Regional Transportation
11Authority or any of its service boards, a mass transit
12district, or an urban transportation district under an
13intergovernmental agreement with the district to provide for
14the transportation of pupils and if the public transit carrier
15received direct payment for services or passes from a school
16district within its service area during the 2000-2001 school
17year, then the allowable direct cost of transporting pupils for
18regular, vocational, and special education pupil
19transportation shall also include the expenditures that the
20district has made to the public transit carrier. In addition to
21the above allowable costs school districts shall also claim all
22transportation supervisory salary costs, including Illinois
23municipal retirement payments, and all transportation related
24building and building maintenance costs without limitation.
25    Special education allowable costs shall also include
26expenditures for the salaries of attendants or aides for that

 

 

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1portion of the time they assist special education pupils while
2in transit and expenditures for parents and public carriers for
3transporting special education pupils when pre-approved by the
4State Superintendent of Education.
5    Indirect costs shall be included in the reimbursement claim
6for districts which own and operate their own school buses.
7Such indirect costs shall include administrative costs, or any
8costs attributable to transporting pupils from their
9attendance centers to another school building for
10instructional purposes. No school district which owns and
11operates its own school buses may claim reimbursement for
12indirect costs which exceed 5% of the total allowable direct
13costs for pupil transportation.
14    The State Board of Education shall prescribe uniform
15regulations for determining the above standards and shall
16prescribe forms of cost accounting and standards of determining
17reasonable depreciation. Such depreciation shall include the
18cost of equipping school buses with the safety features
19required by law or by the rules, regulations and standards
20promulgated by the State Board of Education, and the Department
21of Transportation for the safety and construction of school
22buses provided, however, any equipment cost reimbursed by the
23Department of Transportation for equipping school buses with
24such safety equipment shall be deducted from the allowable cost
25in the computation of reimbursement under this Section in the
26same percentage as the cost of the equipment is depreciated.

 

 

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1    On or before August 15, annually, the chief school
2administrator for the district shall certify to the State
3Superintendent of Education the district's claim for
4reimbursement for the school year ending on June 30 next
5preceding. The State Superintendent of Education shall check
6and approve the claims and prepare the vouchers showing the
7amounts due for district reimbursement claims. Each fiscal
8year, the State Superintendent of Education shall prepare and
9transmit the first 3 vouchers to the Comptroller on the 30th
10day of September, December and March, respectively, and the
11final voucher, no later than June 20.
12    If the amount appropriated for transportation
13reimbursement is insufficient to fund total claims for any
14fiscal year, the State Board of Education shall reduce each
15school district's allowable costs and flat grant amount
16proportionately to make total adjusted claims equal the total
17amount appropriated.
18    For purposes of calculating claims for reimbursement under
19this Section for any school year beginning July 1, 1998, or
20thereafter, the equalized assessed valuation for a school
21district used to compute reimbursement shall be computed in the
22same manner as it is computed under paragraph (2) of subsection
23(G) of Section 18-8.05.
24    All reimbursements received from the State shall be
25deposited into the district's transportation fund or into the
26fund from which the allowable expenditures were made.

 

 

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1    Notwithstanding any other provision of law, any school
2district receiving a payment under this Section or under
3Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
4classify all or a portion of the funds that it receives in a
5particular fiscal year or from general State aid pursuant to
6Section 18-8.05 of this Code as funds received in connection
7with any funding program for which it is entitled to receive
8funds from the State in that fiscal year (including, without
9limitation, any funding program referenced in this Section),
10regardless of the source or timing of the receipt. The district
11may not classify more funds as funds received in connection
12with the funding program than the district is entitled to
13receive in that fiscal year for that program. Any
14classification by a district must be made by a resolution of
15its board of education. The resolution must identify the amount
16of any payments or general State aid to be classified under
17this paragraph and must specify the funding program to which
18the funds are to be treated as received in connection
19therewith. This resolution is controlling as to the
20classification of funds referenced therein. A certified copy of
21the resolution must be sent to the State Superintendent of
22Education. The resolution shall still take effect even though a
23copy of the resolution has not been sent to the State
24Superintendent of Education in a timely manner. No
25classification under this paragraph by a district shall affect
26the total amount or timing of money the district is entitled to

 

 

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1receive under this Code. No classification under this paragraph
2by a district shall in any way relieve the district from or
3affect any requirements that otherwise would apply with respect
4to that funding program, including any accounting of funds by
5source, reporting expenditures by original source and purpose,
6reporting requirements, or requirements of providing services.
7    Any school district with a population of not more than
8500,000 must deposit all funds received under this Article into
9the transportation fund and use those funds for the provision
10of transportation services.
11    This Section is repealed on July 1, 2013.
12(Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
 
13    (105 ILCS 5/29-5.2)  (from Ch. 122, par. 29-5.2)
14    Sec. 29-5.2. Reimbursement of transportation.
15    (a) Reimbursement. A custodian of a qualifying pupil shall
16be entitled to reimbursement in accordance with procedures
17established by the State Board of Education for qualified
18transportation expenses paid by such custodian during the
19school year.
20    (b) Definitions. As used in this Section:
21    (1) "Qualifying pupil" means an individual referred to in
22subsection (c), as well as an individual who:
23    (A) is a resident of the State of Illinois; and
24    (B) is under the age of 21 at the close of the school year
25for which reimbursement is sought; and

 

 

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1    (C) during the school year for which reimbursement is
2sought was a full-time pupil enrolled in a kindergarten through
312th grade educational program at a school which was a distance
4of 1 1/2 miles or more from the residence of such pupil; and
5    (D) did not live within 1 1/2 miles from the school in
6which the pupil was enrolled or have access to transportation
7provided entirely at public expense to and from that school and
8a point within 1 1/2 miles of the pupil's residence, measured
9in a manner consistent with Section 29-0.01 of this Code 29-3.
10    (2) "Qualified transportation expenses" means costs
11reasonably incurred by the custodian to transport, for the
12purposes of attending regularly scheduled day-time classes, a
13qualifying pupil between such qualifying pupil's residence and
14the school at which such qualifying pupil is enrolled, as
15limited in subsection (e) of this Section, and shall include
16automobile expenses at the standard mileage rate allowed by the
17United States Internal Revenue Service as reimbursement for
18business transportation expense, as well as payments to mass
19transit carriers, private carriers, and contractual fees for
20transportation.
21    (3) "School" means a public or nonpublic elementary or
22secondary school in Illinois, attendance at which satisfies the
23requirements of Section 26-1.
24    (4) One and one-half miles distance. For the purposes of
25this Section, 1 1/2 miles distance shall be measured in a
26manner consistent with Section 29-0.01 of this Code 29-3.

 

 

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1    (5) Custodian. The term "custodian" shall mean, with
2respect to a qualifying pupil, an Illinois resident who is the
3parent, or parents, or legal guardian of such qualifying pupil.
4    (c) An individual, resident of the State of Illinois, who
5is under the age of 21 at the close of the school year for which
6reimbursement is sought and who, during that school year, was a
7full time pupil enrolled in a kindergarten through 12th grade
8educational program at a school which was within 1 1/2 miles of
9the pupil's residence, measured in a manner consistent with
10Section 29-0.01 of this Code 29-3, is a "qualifying pupil"
11within the meaning of this Section if: (i) such pupil did not
12have access to transportation provided entirely at public
13expense to and from that school and the pupil's residence, and
14(ii) conditions were such that walking would have constituted a
15serious hazard to the safety of the pupil due to vehicular
16traffic. The determination of what constitutes a serious safety
17hazard within the meaning of this subsection shall in each case
18be made by the Department of Transportation in accordance with
19guidelines which the Department, in consultation with the State
20Superintendent of Education, shall promulgate. Each custodian
21intending to file an application for reimbursement under
22subsection (d) for expenditures incurred or to be incurred with
23respect to a pupil asserted to be a qualified pupil as an
24individual referred to in this subsection shall first file with
25the appropriate regional superintendent, on forms provided by
26the State Board of Education, a request for a determination

 

 

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1that a serious safety hazard within the meaning of this
2subsection (c) exists with respect to such pupil. Custodians
3shall file such forms with the appropriate regional
4superintendents not later than February 1 of the school year
5for which reimbursement will be sought for transmittal by the
6regional superintendents to the Department of Transportation
7not later than February 15; except that any custodian who
8previously received a determination that a serious safety
9hazard exists need not resubmit such a request for 4 years but
10instead may certify on their application for reimbursement to
11the State Board of Education referred to in subsection (d),
12that the conditions found to be hazardous, as previously
13determined by the Department, remain unchanged. The Department
14shall make its determination on all requests so transmitted to
15it within 30 days, and shall thereupon forward notice of each
16determination which it has made to the appropriate regional
17superintendent for immediate transmittal to the custodian
18affected thereby. The determination of the Department relative
19to what constitutes a serious safety hazard within the meaning
20of subsection (c) with respect to any pupil shall be deemed an
21"administrative decision" as defined in Section 3-101 of the
22Administrative Review Law; and the Administrative Review Law
23and all amendments and modifications thereof and rules adopted
24pursuant thereto shall apply to and govern all proceedings
25instituted for the judicial review of final administrative
26decisions of the Department of Transportation under this

 

 

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1subsection.
2    (d) Request for reimbursement. A custodian, including a
3custodian for a pupil asserted to be a qualified pupil as an
4individual referred to in subsection (c), who applies in
5accordance with procedures established by the State Board of
6Education shall be reimbursed in accordance with the dollar
7limits set out in this Section. Such procedures shall require
8application no later than June 30 of each year, documentation
9as to eligibility, and adequate evidence of expenditures;
10except that for reimbursement sought pursuant to subsection (c)
11for the 1985-1986 school year, such procedures shall require
12application within 21 days after the determination of the
13Department of Transportation with respect to that school year
14is transmitted by the regional superintendent to the affected
15custodian. In the absence of contemporaneous records, an
16affidavit by the custodian may be accepted as evidence of an
17expenditure. If the amount appropriated for such reimbursement
18for any year is less than the amount due each custodian, it
19shall be apportioned on the basis of the requests approved.
20Regional Superintendents shall be reimbursed for such costs of
21administering the program, including costs incurred in
22administering the provisions of subsection (c), as the State
23Board of Education determines are reasonable and necessary.
24    (e) Dollar limit on amount of reimbursement. Reimbursement
25to custodians for transportation expenses incurred during the
261985-1986 school year, payable in fiscal year 1987, shall be

 

 

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1equal to the lesser of (1) the actual qualified transportation
2expenses, or (2) $50 per pupil. Reimbursement to custodians for
3transportation expenses incurred during the 1986-1987 school
4year, payable in fiscal year 1988, shall be equal to the lesser
5of (1) the actual qualified transportation expenses, or (2)
6$100 per pupil. For reimbursements of qualified transportation
7expenses incurred in 1987-1988 and thereafter, the amount of
8reimbursement shall not exceed the prior year's State
9reimbursement per pupil for transporting pupils as required by
10Section 29-0.01 of this Code 29-3 and other provisions of this
11Article.
12    (f) Rules and regulations. The State Board of Education
13shall adopt rules to implement this Section.
14    (g) The provisions of this amendatory Act of 1986 shall
15apply according to their terms to the entire 1985-1986 school
16year, including any portion of that school year which elapses
17prior to the effective date of this amendatory Act, and to each
18subsequent school year.
19    (h) The chief administrative officer of each school shall
20notify custodians of qualifying pupils that reimbursements are
21available. Notification shall occur by the first Monday in
22November of the school year for which reimbursement is
23available.
24(Source: P.A. 91-357, eff. 7-29-99.)
 
25    (105 ILCS 5/29-6.3)

 

 

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1    Sec. 29-6.3. Transportation to and from specified
2interscholastic or school-sponsored activities.
3        (a) Any school district transporting students in grade
412 or below for an interscholastic, interscholastic athletic,
5or school-sponsored, noncurriculum-related activity that (i)
6does not require student participation as part of the
7educational services of the district and (ii) is not associated
8with the students' regular class-for-credit schedule or
9required 5 clock hours of instruction shall transport the
10students only in a school bus, a vehicle manufactured to
11transport not more than 10 persons, including the driver, or a
12multifunction school-activity bus manufactured to transport
13not more than 15 persons, including the driver.
14    (b) Any school district furnishing transportation for
15students under the authority of this Section shall insure
16against any loss or liability of the district resulting from
17the maintenance, operation, or use of the vehicle.
18    (c) (Blank). Vehicles used to transport students under this
19Section may claim a depreciation allowance of 20% over 5 years
20as provided in Section 29-5 of this Code.
21(Source: P.A. 96-410, eff. 7-1-10.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law, except that the changes to Sections 3-14.23,
2413A-9, 13B-20.35, 14-7.02, 14-13.01, 17-2, 17-8, 29-3.2a,
2529-5.2, and 29-6.3 of the School Code take effect on July 1,

 

 

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12013.".