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90_HB1657 105 ILCS 5/14-13.01 from Ch. 122, par. 14-13.01 105 ILCS 5/29-5 from Ch. 122, par. 29-5 Amends the School Code. Removes the provision concerning transportation costs for handicapped students whom the State Superintendent has determined require special transportation service in order to take advantage of special education facilities. Provides that the State shall reimburse any school district (now any school district maintaining a school, transporting resident pupils to another school district's vocational program, offered through a joint agreement approved by the State Board of Education or transporting its resident pupils to a school which meets the standards for recognition as established by the State Board of Education) that provides transportation meeting the standards set by the State Board of Education for resident pupils meeting certain requirements. Changes the rate of reimbursement for student transportation. Provides that on or before August 19 (now July 10) annually the board clerk or the secretary of the district shall certify to the State Superintendent of Education (now the regional superintendent of schools) the district's claim for reimbursement for the school year ended on June 30 next preceding. Effective immediately. LRB9001587LDdv LRB9001587LDdv 1 AN ACT to amend the School Code by changing Sections 2 14-13.01 and 29-5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The School Code is amended by changing 6 Sections 14-13.01 and 29-5 as follows: 7 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01) 8 Sec. 14-13.01. Reimbursement payable by State; Amounts. 9 Reimbursement for furnishing special educational facilities 10 in a recognized school to the type of children defined in 11 Section 14-1.02 shall be paid to the school districts in 12 accordance with Section 14-12.01 for each school year ending 13 June 30 by the State Comptroller out of any money in the 14 treasury appropriated for such purposes on the presentation 15 of vouchers by the State Board of Education. 16 The reimbursement shall be limited to funds expended for 17 construction and maintenance of special education facilities 18 designed and utilized to house instructional programs, 19 diagnostic services, other special education services for 20 children with disabilities and reimbursement as provided in 21 Section 14-13.01. There shall be no reimbursement for 22 construction and maintenance of any administrative facility 23 separated from special education facilities designed and 24 utilized to house instructional programs, diagnostic services 25 and other special education services for children with 26 disabilities. 27 (a) For children who have not been identified as 28 eligible for special education and for eligible children with 29 physical disabilities, including all eligible children whose 30 placement has been determined under Section 14-8.02 in 31 hospital or home instruction, 1/2 of the teacher's salary but -2- LRB9001587LDdv 1 not more than $1,000 annually per child or $8,000 per teacher 2 for the 1985-1986 school year and thereafter, whichever is 3 less. Children to be included in any reimbursement under 4 this paragraph must regularly receive a minimum of one hour 5 of instruction each school day, or in lieu thereof of a 6 minimum of 5 hours of instruction in each school week in 7 order to qualify for full reimbursement under this Section. 8 If the attending physician for such a child has certified 9 that the child should not receive as many as 5 hours of 10 instruction in a school week, however, reimbursement under 11 this paragraph on account of that child shall be computed 12 proportionate to the actual hours of instruction per week for 13 that child divided by 5. 14 (b) (Blank).
For children described in Section 14-1.02,15 4/5 of the cost of transportation for each such child, whom16 the State Superintendent of Education determined in advance17 requires special transportation service in order to take18 advantage of special educational facilities. Transportation19 costs shall be determined in the same fashion as provided in20 Section 29-5. For purposes of this subsection (b), the dates21 for processing claims specified in Section 29-5 shall apply.22 (c) For each professional worker excluding those 23 included in subparagraphs (a), (d), (e), and (f) of this 24 Section, the annual sum of $8,000 for the 1985-1986 school 25 year and thereafter. 26 (d) For one full time qualified director of the special 27 education program of each school district which maintains a 28 fully approved program of special education the annual sum of 29 $8,000 for the 1985-1986 school year and thereafter. 30 Districts participating in a joint agreement special 31 education program shall not receive such reimbursement if 32 reimbursement is made for a director of the joint agreement 33 program. 34 (e) For each school psychologist as defined in Section -3- LRB9001587LDdv 1 14-1.09 the annual sum of $8,000 for the 1985-1986 school 2 year and thereafter. 3 (f) For each qualified teacher working in a fully 4 approved program for children of preschool age who are deaf 5 or hard-of-hearing the annual sum of $8,000 for the 1985-1986 6 school year and thereafter. 7 (g) For readers, working with blind or partially seeing 8 children 1/2 of their salary but not more than $400 annually 9 per child. Readers may be employed to assist such children 10 and shall not be required to be certified but prior to 11 employment shall meet standards set up by the State Board of 12 Education. 13 (h) For necessary non-certified employees working in any 14 class or program for children defined in this Article, 1/2 of 15 the salary paid or $2,800 annually per employee, whichever is 16 less. 17 The State Board of Education shall set standards and 18 prescribe rules for determining the allocation of 19 reimbursement under this section on less than a full time 20 basis and for less than a school year. 21 When any school district eligible for reimbursement under 22 this Section operates a school or program approved by the 23 State Superintendent of Education for a number of days in 24 excess of the adopted school calendar but not to exceed 235 25 school days, such reimbursement shall be increased by 1/185 26 of the amount or rate paid hereunder for each day such school 27 is operated in excess of 185 days per calendar year. 28 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94; 29 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.) 30 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) 31 Sec. 29-5. Reimbursement by State for transportation. 32 Any school district , maintaining a school, transporting33 resident pupils to another school district's vocational-4- LRB9001587LDdv 1 program, offered through a joint agreement approved by the2 State Board of Education, as provided in Section 10-22.22 or3 transporting its resident pupils to a school which meets the4 standards for recognition as established by the State Board5 of Educationwhich provides transportation meeting the 6 standards of safety, comfort, convenience, efficiency and 7 operation prescribed by the State Board of Education for 8 resident pupils in kindergarten or any of grades 1 through 12 9 who :(a) reside at least 1 1/2 miles, as measured by the 10 customary route of travel, from the school attended ;or (b)11 reside in areas where conditions are such that walking 12 constitutes a hazard to the safety of the child when 13 determined under Section 29-3 ;and (b) (c)are transported to 14 the school attended from pick-up points at the beginning of 15 the school day and back again at the close of the school day 16 or transported to and from their assigned attendance centers17 during the school day, shall be reimbursed by the State as 18 hereinafter provided in this Section. 19 All qualified students shall be claimed in one category 20 and the miles calculated for transporting each student shall 21 be calculated in a separate category. 22 All student transportation related expenses for regular, 23 vocational, and special education students, including 24 extracurricular and reimbursable field trip transportation, 25 shall be claimable. 26 All transportation related costs shall be claimable, 27 whether the transportation services are school district 28 operated or are provided for by contract. 29 Beginning with school year 1997-98 to be reimbursed 30 during fiscal year 1999, for transportation claims filed for 31 eligible students, the following formula shall be applied: 32 (1) A tax rate of 0.06% for districts maintaining 33 grades one through 8, 0.6% for districts maintaining 34 grades 9 through 12, and 0.10% for districts maintaining -5- LRB9001587LDdv 1 grades K through 12 applied against the real property 2 equalized assessed valuation of the district as used for 3 general State aid purposes shall be used to calculate the 4 district's share of the cost of transportation. 5 (2) The State shall reimburse 100% of the costs 6 between the school district's threshold contribution 7 established by paragraph (1) and the statewide average 8 cost per pupil. 9 (3) The State shall reimburse 50% of costs between 10 the statewide average cost per pupil and 150% of the 11 statewide average cost per pupil. 12 (4) The State shall reimburse 25% of the costs in 13 excess of 150% of the statewide average cost per pupil. 14 (5) The State shall reimburse 100% of the costs in 15 excess of the total reimbursement as calculated in 16 paragraphs (1) through (4) assuming full funding and the 17 product of the maximum permissive tax rate for the 18 district multiplied by the equalized assessed valuation 19 of the district. 20 If it is necessary to prorate school district claims due 21 to an insufficient appropriation for transportation 22 reimbursement, the proration shall be applied first to 23 reimbursement under paragraph (4), then to reimbursement 24 under paragraph (3), and then to reimbursement under 25 paragraph (2), in that order as may be necessary. 26 If a district's scheduled reimbursements to be paid in 27 fiscal year 1999, 2000, or 2001 are less than the 28 reimbursement received during fiscal year 1998, the district 29 shall receive an additional payment from funds appropriated 30 for this purpose. The amount of the additional payment shall 31 be the difference between the district's reimbursement under 32 this amendatory Act of 1997 and the amount the district 33 receive during fiscal year 1997. The amount of funds a 34 district receives under this Section may not exceed a -6- LRB9001587LDdv 1 district's actual cost of transportation. 2 Beginning with reimbursement paid in fiscal year 1999, 3 for districts in cities with populations of 500,000 or more, 4 the excess cost formula delineated in paragraph (5) shall be 5 calculated changing the use of 100% of the maximum permissive 6 tax rate in the formula to: (i) 20% in fiscal year 1999; (ii) 7 40% in fiscal year 2000; (iii) 60% in fiscal year 2001; (iv) 8 80% in fiscal year 2002; and (v) 100% in fiscal year 2003 and 9 thereafter. 10 The State Board of Education shall promulgate any rules 11 necessary to implement the provisions of this Section. 12 The State will pay the cost of transporting eligible13 pupils less the assessed valuation in a dual school district14 maintaining secondary grades 9 to 12 inclusive times a15 qualifying rate of .05%; in elementary school districts16 maintaining grades K to 8 times a qualifying rate of .06%; in17 unit districts maintaining grades K to 12 times a qualifying18 rate of .07%. To be eligible to receive reimbursement in19 excess of 4/5 of the cost to transport eligible pupils, a20 school district shall have a Transportation Fund tax rate of21 at least .12%. If a school district does not have a .12%22 Transportation Fund tax rate, the amount of its claim in23 excess of 4/5 of the cost of transporting pupils shall be24 reduced by the sum arrived at by subtracting the25 Transportation Fund tax rate from .12% and multiplying that26 amount by the districts equalized or assessed valuation,27 provided, that in no case shall said reduction result in28 reimbursement of less than 4/5 of the cost to transport29 eligible pupils.30 The minimum amount to be received by a district is $1631 times the number of eligible pupils transported.32 Any such district transporting resident pupils during the33 school day to an area vocational school or another school34 district's vocational program more than 1 1/2 miles from the-7- LRB9001587LDdv 1 school attended, as provided in Sections 10-22.20a and2 10-22.22, shall be reimbursed by the State for 4/5 of the3 cost of transporting eligible pupils.4 School day means that period of time which the pupil is 5 required to be in attendance for instructional purposes. 6 If a pupil is at a location within the school district 7 other than his residence for child care purposes at the time 8 for transportation to school, that location may be considered 9 for purposes of determining the 1 1/2 miles from the school 10 attended. 11 Claims for reimbursement that include children who attend 12 any school other than a public school shall show the number 13 of such children transported. 14 Claims for reimbursement under this Section shall not be 15 paid for the transportation of pupils for whom transportation 16 costs are claimed for payment under other Sections of this 17 Act. 18 The allowable direct cost of transporting pupils for19 regular, vocational, and special education pupil20 transportation shall be limited to the sum of the cost of21 physical examinations required for employment as a school bus22 driver; the salaries of full or part-time drivers and school23 bus maintenance personnel; employee benefits excluding24 Illinois municipal retirement payments, social security25 payments, unemployment insurance payments and workers'26 compensation insurance premiums; expenditures to independent27 carriers who operate school buses; payments to other school28 districts for pupil transportation services; pre-approved29 contractual expenditures for computerized bus scheduling; the30 cost of gasoline, oil, tires, and other supplies necessary31 for the operation of school buses; the cost of converting32 buses' gasoline engines to more fuel efficient engines or to33 engines which use alternative energy sources; the cost of34 travel to meetings and workshops conducted by the regional-8- LRB9001587LDdv 1 superintendent or the State Superintendent of Education2 pursuant to the standards established by the Secretary of3 State under Section 6-106 of the Illinois Vehicle Code to4 improve the driving skills of school bus drivers; the cost of5 maintenance of school buses including parts and materials6 used; expenditures for leasing transportation vehicles,7 except interest and service charges; the cost of insurance8 and licenses for transportation vehicles; expenditures for9 the rental of transportation equipment; plus a depreciation10 allowance of 20% for 5 years for school buses and vehicles11 approved for transporting pupils to and from school and a12 depreciation allowance of 10% for 10 years for other13 transportation equipment so used. In addition to the above14 allowable costs school districts shall also claim all15 transportation supervisory salary costs, including Illinois16 municipal retirement payments, and all transportation related17 building and building maintenance costs without limitation.18 Special education allowable costs shall also include19 expenditures for the salaries of attendants or aides for that20 portion of the time they assist special education pupils21 while in transit and expenditures for parents and public22 carriers for transporting special education pupils when23 pre-approved by the State Superintendent of Education.24 Indirect costs shall be included in the reimbursement25 claim for districts which own and operate their own school26 buses. Such indirect costs shall include administrative27 costs, or any costs attributable to transporting pupils from28 their attendance centers to another school building for29 instructional purposes. No school district which owns and30 operates its own school buses may claim reimbursement for31 indirect costs which exceed 5% of the total allowable direct32 costs for pupil transportation.33 The State Board of Education shall prescribe uniform34 regulations for determining the above standards and shall-9- LRB9001587LDdv 1 prescribe forms of cost accounting and standards of2 determining reasonable depreciation. Such depreciation shall3 include the cost of equipping school buses with the safety4 features required by law or by the rules, regulations and5 standards promulgated by the State Board of Education, and6 the Department of Transportation for the safety and7 construction of school buses provided, however, any equipment8 cost reimbursed by the Department of Transportation for9 equipping school buses with such safety equipment shall be10 deducted from the allowable cost in the computation of11 reimbursement under this Section in the same percentage as12 the cost of the equipment is depreciated.13 On or before August 19 July 10, annually, the board clerk 14 or the secretary of the district shall certify to the 15 regional superintendent of schools upon forms prescribed by16 theState Superintendent of Education the district's claim 17 for reimbursement for the school year ended on June 30 next 18 preceding. The regional superintendent of schools shall19 check all transportation claims to ascertain compliance with20 the prescribed standards and upon his approval shall certify21 not later than July 25 to the State Superintendent of22 Education the regional report of claims for reimbursements.23 The State Superintendent of Education shall check and approve 24 the claims and prepare the vouchers showing the amounts due 25 for district reimbursement claims. Beginning with the 197726 fiscal year,The State Superintendent of Education shall 27 prepare and transmit the first 3 vouchers to the Comptroller 28 on the 30th day of September, December and March, 29 respectively, and the final voucher, no later than June 15. 30 If the amount appropriated for transportation31 reimbursement is insufficient to fund total claims for any32 fiscal year, the State Board of Education shall reduce each33 school district's allowable costs and flat grant amount34 proportionately to make total adjusted claims equal the total-10- LRB9001587LDdv 1 amount appropriated.2 For purposes of calculating claims for reimbursement3 under this Section for any school year beginning July 1,4 1980, or thereafter, the equalized assessed valuation for a5 school district used to compute reimbursement shall be6 determined by adding to the real property equalized assessed7 valuation for the district an amount computed by dividing the8 amount of money received by the district under the provisions9 of "An Act in relation to the abolition of ad valorem10 personal property tax and the replacement of revenues lost11 thereby, and amending and repealing certain Acts and parts of12 Acts in connection therewith", certified August 14, 1979, as13 amended, by the total tax rate for the district. For purposes14 of this subsection, 1976 tax rates shall be used for school15 districts in the county of Cook, and 1977 tax rates shall be16 used in all other counties. For the purposes of calculating17 claims for reimbursement under this Section for any school18 year beginning July 1, 1986, or thereafter, the real property19 equalized assessed valuation for a school district used to20 compute reimbursement shall be determined by subtracting from21 the real property value as equalized or assessed by the22 Department of Revenue for the district an amount computed by23 dividing the amount of any abatement of taxes under Section24 18-170 of the Property Tax Code by the maximum operating tax25 rates specified in subsection 5(c) of Section 18-8.26 All reimbursements received from the State shall be 27 deposited into the district's transportation fund or into the 28 fund from which the allowable expenditures were made. 29 (Source: P.A. 88-612, eff. 7-1-95; 88-641, eff. 9-9-94; 30 88-670, eff. 12-2-94; 89-235, eff. 8-4-95.) 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.
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