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91_SB0553
LRB9100314NTsbA
1 AN ACT relating to school transportation, amending a
2 named Act.
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 1D-1, 14-7.01, 14-7.02, 14-13.01, 17-2, and 29-5 as
7 follows:
8 (105 ILCS 5/1D-1)
9 Sec. 1D-1. Block grant funding.
10 (a) For fiscal year 1996 and each fiscal year
11 thereafter, the State Board of Education shall award to a
12 school district having a population exceeding 500,000
13 inhabitants a general education block grant and an
14 educational services block grant, determined as provided in
15 this Section, in lieu of distributing to the district
16 separate State funding for the programs described in
17 subsections (b) and (c). The provisions of this Section,
18 however, do not apply to any federal funds that the district
19 is entitled to receive. In accordance with Section 2-3.32,
20 all block grants are subject to an audit. Therefore, block
21 grant receipts and block grant expenditures shall be recorded
22 to the appropriate fund code for the designated block grant.
23 (b) The general education block grant shall include the
24 following programs: REI Initiative, Preschool At Risk, K-6
25 Comprehensive Arts, School Improvement Support, Urban
26 Education, Scientific Literacy, Substance Abuse Prevention,
27 Second Language Planning, Staff Development, Outcomes and
28 Assessment, K-6 Reading Improvement, Truants' Optional
29 Education, Hispanic Programs, Agriculture Education, Gifted
30 Education, Parental Education, Prevention Initiative, Report
31 Cards, and Criminal Background Investigations.
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1 Notwithstanding any other provision of law, all amounts paid
2 under the general education block grant from State
3 appropriations to a school district in a city having a
4 population exceeding 500,000 inhabitants shall be
5 appropriated and expended by the board of that district for
6 any of the programs included in the block grant or any of the
7 board's lawful purposes.
8 (c) The educational services block grant shall include
9 the following programs: Bilingual, Regular and Vocational
10 Transportation as provided in Section 29-5, State Lunch and
11 Free Breakfast Program, Special Education (Personnel,
12 Extraordinary, Transportation, Orphanage, Private Tuition),
13 Summer School, Educational Service Centers, and
14 Administrator's Academy. This subsection (c) does not
15 relieve the district of its obligation to provide the
16 services required under a program that is included within the
17 educational services block grant. It is the intention of the
18 General Assembly in enacting the provisions of this
19 subsection (c) to relieve the district of the administrative
20 burdens that impede efficiency and accompany single-program
21 funding. The General Assembly encourages the board to pursue
22 mandate waivers pursuant to Section 2-3.25g.
23 (d) For fiscal year 1996 and each fiscal year
24 thereafter, the amount of the district's block grants shall
25 be determined as follows: (i) with respect to each program
26 that is included within each block grant, the district shall
27 receive an amount equal to the same percentage of the current
28 fiscal year appropriation made for that program as the
29 percentage of the appropriation received by the district from
30 the 1995 fiscal year appropriation made for that program, and
31 (ii) the total amount that is due the district under the
32 block grant shall be the aggregate of the amounts that the
33 district is entitled to receive for the fiscal year with
34 respect to each program that is included within the block
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1 grant that the State Board of Education shall award the
2 district under this Section for that fiscal year.
3 (e) The district is not required to file any application
4 or other claim in order to receive the block grants to which
5 it is entitled under this Section. The State Board of
6 Education shall make payments to the district of amounts due
7 under the district's block grants on a schedule determined by
8 the State Board of Education.
9 (f) A school district to which this Section applies
10 shall report to the State Board of Education on its use of
11 the block grants in such form and detail as the State Board
12 of Education may specify.
13 (g) This paragraph provides for the treatment of block
14 grants under Article 1C for purposes of calculating the
15 amount of block grants for a district under this Section.
16 Those block grants under Article IC are, for this purpose,
17 treated as included in the amount of appropriation for the
18 various programs set forth in paragraph (b) above. The
19 appropriation in each current fiscal year for each block
20 grant under Article 1C shall be treated for these purposes as
21 appropriations for the individual program included in that
22 block grant. The proportion of each block grant so allocated
23 to each such program included in it shall be the proportion
24 which the appropriation for that program was of all
25 appropriations for such purposes now in that block grant, in
26 fiscal 1995.
27 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;
28 90-566, eff. 1-2-98; 90-653, eff. 7-29-98.)
29 (105 ILCS 5/14-7.01) (from Ch. 122, par. 14-7.01)
30 Sec. 14-7.01. Children attending classes in another
31 district.) If a child, resident of one school district,
32 because of his disability, attends a class or school for any
33 of such types of children in another school district, the
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1 school district in which he resides shall grant the proper
2 permit, provide any necessary transportation, and pay to the
3 school district maintaining the special educational
4 facilities the per capita cost of educating such children.
5 Such per capita cost shall be computed in the following
6 manner. The cost of conducting and maintaining any special
7 educational facility shall be first determined and shall
8 include the following expenses applicable only to such
9 educational facility under rules and regulations established
10 by the State Board of Education as follows:
11 (a) Salaries of teachers, professional workers,
12 necessary non-certified workers, clerks, librarians,
13 custodial employees, readers, and any district taxes
14 specifically for their pension and retirement benefits.
15 (b) Educational supplies and equipment including
16 textbooks.
17 (c) Administrative costs and communication.
18 (d) Operation of physical plant including heat, light,
19 water, repairs, and maintenance.
20 (e) Auxiliary service, including up to 20% of
21 transportation cost.
22 (f) Depreciation of physical facilities at a rate of
23 $200 per pupil, or the actual rental paid for the physical
24 facilities calculated on a per pupil basis. From such total
25 cost thus determined there shall be deducted the State
26 reimbursement due on account of such educational program for
27 the same year, not including any State reimbursement for
28 special education transportation and offsetting federal
29 revenue for the program, except federally funded health care
30 reimbursement need not be deducted. Such net cost shall be
31 divided by the average number of pupils in average daily
32 enrollment in such special education facility for the school
33 year in order to arrive at the net per capita tuition cost.
34 If the child, resident of any school district, because of
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1 his disability, attends a class or school for any of such
2 types of children maintained in a teacher training center
3 supported by public funds or State institution of higher
4 learning, the resident district shall provide any necessary
5 transportation and shall be eligible to the transportation
6 reimbursement provided in Section 14-13.01.
7 A resident district may, upon request, provide
8 transportation for residents of the district who meet the
9 requirements, other than the specified age, of children with
10 disabilities as defined in Section 14-1.02, who attend
11 classes in another district, and shall make a charge for any
12 such transportation in an amount equal to the cost thereof,
13 including a reasonable allowance for depreciation of the
14 vehicles used.
15 (Source: P.A. 89-397, eff. 8-20-95.)
16 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
17 Sec. 14-7.02. Children attending private schools, public
18 out-of-state schools, public school residential facilities or
19 private special education facilities. The General Assembly
20 recognizes that non-public schools or special education
21 facilities provide an important service in the educational
22 system in Illinois.
23 If because of his or her disability the special education
24 program of a district is unable to meet the needs of a child
25 and the child attends a non-public school or special
26 education facility, a public out-of-state school or a special
27 education facility owned and operated by a county government
28 unit that provides special educational services required by
29 the child and is in compliance with the appropriate rules and
30 regulations of the State Superintendent of Education, the
31 school district in which the child is a resident shall pay
32 the actual cost of tuition for special education and related
33 services provided during the regular school term and during
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1 the summer school term if the child's educational needs so
2 require, excluding room, board and transportation costs
3 charged the child by that non-public school or special
4 education facility, public out-of-state school or county
5 special education facility, or $4,500 per year, whichever is
6 less, and shall provide him any necessary transportation.
7 "Nonpublic special education facility" shall include a
8 residential facility, within or without the State of
9 Illinois, which provides special education and related
10 services to meet the needs of the child by utilizing private
11 schools or public schools, whether located on the site or off
12 the site of the residential facility.
13 The State Board of Education shall promulgate rules and
14 regulations for determining when placement in a private
15 special education facility is appropriate. Such rules and
16 regulations shall take into account the various types of
17 services needed by a child and the availability of such
18 services to the particular child in the public school. In
19 developing these rules and regulations the State Board of
20 Education shall consult with the Advisory Council on
21 Education of Children with Disabilities and hold public
22 hearings to secure recommendations from parents, school
23 personnel, and others concerned about this matter.
24 The State Board of Education shall also promulgate rules
25 and regulations for transportation to and from a residential
26 school. Transportation to and from home to a residential
27 school more than once each school term shall be subject to
28 prior approval by the State Superintendent in accordance with
29 the rules and regulations of the State Board.
30 A school district making tuition payments pursuant to
31 this Section is eligible for reimbursement from the State for
32 the amount of such payments actually made in excess of the
33 district per capita tuition charge for students not receiving
34 special education services and the cost of providing
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1 transportation. Such reimbursement shall be approved in
2 accordance with Section 14-12.01 and each district shall file
3 its claims, computed in accordance with rules prescribed by
4 the State Board of Education, with the regional
5 superintendent of schools on or before August 1, for approval
6 on forms prescribed by the State Superintendent of Education.
7 Data used as a basis of reimbursement claims shall be for the
8 preceding regular school term and summer school term. The
9 regional superintendent of schools shall approve the claims
10 as to form and transmit the claims to the State Board of
11 Education on or before August 15. The State Board of
12 Education, before approving any such claims, shall determine
13 their accuracy and whether they are based upon services and
14 facilities provided under approved programs. Upon approval
15 the State Board shall cause vouchers to be prepared showing
16 the amount due for payment of reimbursement claims to school
17 districts, for transmittal to the State Comptroller on the
18 30th day of September, December, and March, respectively, and
19 the final voucher, no later than June 20. If the money
20 appropriated by the General Assembly for such purpose for any
21 year is insufficient, it shall be apportioned on the basis of
22 the claims approved.
23 No child shall be placed in a special education program
24 pursuant to this Section if the tuition cost for special
25 education and related services increases more than 10 percent
26 over the tuition cost for the previous school year or exceeds
27 $4,500 per year unless such costs have been approved by the
28 Illinois Purchased Care Review Board. The Illinois
29 Purchased Care Review Board shall consist of the following
30 persons, or their designees: the Directors of Children and
31 Family Services, Public Health, Public Aid, and the Bureau of
32 the Budget; the Secretary of Human Services; the State
33 Superintendent of Education; and such other persons as the
34 Governor may designate. The Review Board shall establish
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1 rules and regulations for its determination of allowable
2 costs and payments made by local school districts for special
3 education, room and board, and other related services
4 provided by non-public schools or special education
5 facilities and shall establish uniform standards and criteria
6 which it shall follow.
7 The Review Board shall establish uniform definitions and
8 criteria for accounting separately by special education, room
9 and board and other related services costs. The Board shall
10 also establish guidelines for the coordination of services
11 and financial assistance provided by all State agencies to
12 assure that no otherwise qualified disabled child receiving
13 services under Article 14 shall be excluded from
14 participation in, be denied the benefits of or be subjected
15 to discrimination under any program or activity provided by
16 any State agency.
17 The Review Board shall review the costs for special
18 education and related services provided by non-public schools
19 or special education facilities and shall approve or
20 disapprove such facilities in accordance with the rules and
21 regulations established by it with respect to allowable
22 costs.
23 The State Board of Education shall provide administrative
24 and staff support for the Review Board as deemed reasonable
25 by the State Superintendent of Education. This support shall
26 not include travel expenses or other compensation for any
27 Review Board member other than the State Superintendent of
28 Education.
29 The Review Board shall seek the advice of the Advisory
30 Council on Education of Children with Disabilities on the
31 rules and regulations to be promulgated by it relative to
32 providing special education services.
33 If a child has been placed in a program in which the
34 actual per pupil costs of tuition for special education and
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1 related services based on program enrollment, excluding room,
2 board and transportation costs, exceed $4,500 and such costs
3 have been approved by the Review Board, the district shall
4 pay such total costs which exceed $4,500. A district making
5 such tuition payments in excess of $4,500 pursuant to this
6 Section shall be responsible for an amount in excess of
7 $4,500 equal to the district per capita tuition charge and
8 shall be eligible for reimbursement from the State for the
9 amount of such payments actually made in excess of the
10 district's districts per capita tuition charge for students
11 not receiving special education services and the cost of
12 providing transportation.
13 If a child has been placed in an approved individual
14 program and the tuition costs including room and board costs
15 have been approved by the Review Board, then such room and
16 board costs shall be paid by the appropriate State agency
17 subject to the provisions of Section 14-8.01 of this Act.
18 Room and board costs not provided by a State agency other
19 than the State Board of Education shall be provided by the
20 State Board of Education on a current basis. In no event,
21 however, shall the State's liability for funding of these
22 tuition costs begin until after the legal obligations of
23 third party payors have been subtracted from such costs. If
24 the money appropriated by the General Assembly for such
25 purpose for any year is insufficient, it shall be apportioned
26 on the basis of the claims approved. Each district shall
27 submit estimated claims to the regional superintendent of
28 schools for transmittal to the State Superintendent of
29 Education. Upon approval of such claims, the State
30 Superintendent of Education shall direct the State
31 Comptroller to make payments on a monthly basis. The
32 frequency for submitting estimated claims and the method of
33 determining payment shall be prescribed in rules and
34 regulations adopted by the State Board of Education. Such
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1 current state reimbursement shall be reduced by an amount
2 equal to the proceeds which the child or child's parents are
3 eligible to receive under any public or private insurance or
4 assistance program. Nothing in this Section shall be
5 construed as relieving an insurer or similar third party from
6 an otherwise valid obligation to provide or to pay for
7 services provided to a disabled child.
8 If it otherwise qualifies, a school district is eligible
9 for the transportation reimbursement under Section 14-13.01
10 and for the reimbursement of tuition payments under this
11 Section whether the non-public school or special education
12 facility, public out-of-state school or county special
13 education facility, attended by a child who resides in that
14 district and requires special educational services, is within
15 or outside of the State of Illinois. However, a district is
16 not eligible to claim transportation reimbursement under this
17 Section unless the district certifies to the State
18 Superintendent of Education that the district is unable to
19 provide special educational services required by the child
20 for the current school year.
21 Nothing in this Section authorizes the reimbursement of a
22 school district for the amount paid for tuition of a child
23 attending a non-public school or special education facility,
24 public out-of-state school or county special education
25 facility unless the school district certifies to the State
26 Superintendent of Education that the special education
27 program of that district is unable to meet the needs of that
28 child because of his disability and the State Superintendent
29 of Education finds that the school district is in substantial
30 compliance with Section 14-4.01.
31 Any educational or related services provided, pursuant to
32 this Section in a non-public school or special education
33 facility or a special education facility owned and operated
34 by a county government unit shall be at no cost to the parent
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1 or guardian of the child. However, current law and practices
2 relative to contributions by parents or guardians for costs
3 other than educational or related services are not affected
4 by this amendatory Act of 1978.
5 Reimbursement for children attending public school
6 residential facilities shall be made in accordance with the
7 provisions of this Section.
8 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
9 89-21, eff. 7-1-95; 89-235, eff. 8-4-95; 89-397, eff.
10 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
11 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
12 Sec. 14-13.01. Reimbursement payable by State; Amounts.
13 Reimbursement for furnishing special educational facilities
14 in a recognized school to the type of children defined in
15 Section 14-1.02 shall be paid to the school districts in
16 accordance with Section 14-12.01 for each school year ending
17 June 30 by the State Comptroller out of any money in the
18 treasury appropriated for such purposes on the presentation
19 of vouchers by the State Board of Education.
20 The reimbursement shall be limited to funds expended for
21 construction and maintenance of special education facilities
22 designed and utilized to house instructional programs,
23 diagnostic services, other special education services for
24 children with disabilities and reimbursement as provided in
25 Section 14-13.01. There shall be no reimbursement for
26 construction and maintenance of any administrative facility
27 separated from special education facilities designed and
28 utilized to house instructional programs, diagnostic services
29 and other special education services for children with
30 disabilities.
31 (a) For children who have not been identified as
32 eligible for special education and for eligible children with
33 physical disabilities, including all eligible children whose
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1 placement has been determined under Section 14-8.02 in
2 hospital or home instruction, 1/2 of the teacher's salary but
3 not more than $1,000 annually per child or $8,000 per teacher
4 for the 1985-1986 school year and thereafter, whichever is
5 less. Children to be included in any reimbursement under
6 this paragraph must regularly receive a minimum of one hour
7 of instruction each school day, or in lieu thereof of a
8 minimum of 5 hours of instruction in each school week in
9 order to qualify for full reimbursement under this Section.
10 If the attending physician for such a child has certified
11 that the child should not receive as many as 5 hours of
12 instruction in a school week, however, reimbursement under
13 this paragraph on account of that child shall be computed
14 proportionate to the actual hours of instruction per week for
15 that child divided by 5.
16 (b) (Blank). For children described in Section 14-1.02,
17 4/5 of the cost of transportation for each such child, whom
18 the State Superintendent of Education determined in advance
19 requires special transportation service in order to take
20 advantage of special educational facilities. Transportation
21 costs shall be determined in the same fashion as provided in
22 Section 29-5. For purposes of this subsection (b), the dates
23 for processing claims specified in Section 29-5 shall apply.
24 (c) For each professional worker excluding those
25 included in subparagraphs (a), (d), (e), and (f) of this
26 Section, the annual sum of $8,000 for the 1985-1986 school
27 year and thereafter.
28 (d) For one full time qualified director of the special
29 education program of each school district which maintains a
30 fully approved program of special education the annual sum of
31 $8,000 for the 1985-1986 school year and thereafter.
32 Districts participating in a joint agreement special
33 education program shall not receive such reimbursement if
34 reimbursement is made for a director of the joint agreement
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1 program.
2 (e) For each school psychologist as defined in Section
3 14-1.09 the annual sum of $8,000 for the 1985-1986 school
4 year and thereafter.
5 (f) For each qualified teacher working in a fully
6 approved program for children of preschool age who are deaf
7 or hard-of-hearing the annual sum of $8,000 for the 1985-1986
8 school year and thereafter.
9 (g) For readers, working with blind or partially seeing
10 children 1/2 of their salary but not more than $400 annually
11 per child. Readers may be employed to assist such children
12 and shall not be required to be certified but prior to
13 employment shall meet standards set up by the State Board of
14 Education.
15 (h) For necessary non-certified employees working in any
16 class or program for children defined in this Article, 1/2 of
17 the salary paid or $2,800 annually per employee, whichever is
18 less.
19 The State Board of Education shall set standards and
20 prescribe rules for determining the allocation of
21 reimbursement under this section on less than a full time
22 basis and for less than a school year.
23 When any school district eligible for reimbursement under
24 this Section operates a school or program approved by the
25 State Superintendent of Education for a number of days in
26 excess of the adopted school calendar but not to exceed 235
27 school days, such reimbursement shall be increased by 1/185
28 of the amount or rate paid hereunder for each day such school
29 is operated in excess of 185 days per calendar year.
30 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
31 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
32 (105 ILCS 5/17-2) (from Ch. 122, par. 17-2)
33 Sec. 17-2. Tax levies; purposes; rates. Except as
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1 otherwise provided in Articles 12 and 13 of this Act, the
2 following maximum rates shall apply to all taxes levied after
3 August 10, 1965, in districts having a population of less
4 than 500,000 inhabitants, including those districts organized
5 under Article 11 of the School Code. The school board of any
6 district having a population of less than 500,000 inhabitants
7 may levy a tax annually, at not to exceed the maximum rates
8 and for the specified purposes, upon all the taxable property
9 of the district at the value, as equalized or assessed by the
10 Department of Revenue as follows:
11 (1) districts maintaining only grades 1 through 8,
12 .92% for educational purposes and .25% for operations and
13 maintenance purposes;
14 (2) districts maintaining only grades 9 through 12,
15 .92% for educational purposes and .25% for operations and
16 maintenance purposes;
17 (3) districts maintaining grades 1 through 12,
18 1.63% for the 1985-86 school year, 1.68% for the 1986-87
19 school year, 1.75% for the 1987-88 school year and 1.84%
20 for the 1988-89 school year and thereafter for
21 educational purposes and .405% for the 1989-90 school
22 year, .435% for the 1990-91 school year, .465% for the
23 1991-92 school year, and .50% for the 1992-93 school year
24 and thereafter for operations and maintenance purposes;
25 (4) all districts, 0.75% for capital improvement
26 purposes (which is in addition to the levy for operations
27 and maintenance purposes), which tax is to be levied,
28 accumulated for not more than 6 years, and spent for
29 capital improvement purposes (including but not limited
30 to the construction of a new school building or buildings
31 or the purchase of school grounds on which any new school
32 building is to be constructed or located, or both) only
33 in accordance with Section 17-2.3 of this Act;
34 (5) districts maintaining only grades 1 through 8,
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1 .12% for transportation purposes, provided that districts
2 maintaining only grades kindergarten through 8 which have
3 an enrollment of at least 2600 students may levy, subject
4 to Section 17-2.2, at not to exceed a maximum rate of
5 .20% for transportation purposes for any school year in
6 which the number of students requiring transportation in
7 the district exceeds by at least 2% the number of
8 students requiring transportation in the district during
9 the preceding school year, as verified in the district's
10 claim for pupil transportation and reimbursement and as
11 certified by the State Board of Education to the county
12 clerk of the county in which such district is located not
13 later than November 15 following the submission of such
14 claim; districts maintaining only grades 9 through 12,
15 .12% for transportation purposes; and districts
16 maintaining grades 1 through 12, .24% for the 1998-1999
17 .14% for the 1985-86 school year, .16% for the 1986-87
18 school year, .18% for the 1987-88 school year and .20%
19 for the 1988-89 school year and thereafter, for
20 transportation purposes;
21 (6) districts providing summer classes, .15% for
22 educational purposes, subject to Section 17-2.1 of this
23 Act.
24 Whenever any special charter school district operating
25 grades 1 through 12, has organized or shall organize under
26 the general school law, the district so organized may
27 continue to levy taxes at not to exceed the rate at which
28 taxes were last actually extended by the special charter
29 district, except that if such rate at which taxes were last
30 actually extended by such special charter district was less
31 than the maximum rate for districts maintaining grades 1
32 through 12 authorized under this Section, such special
33 charter district nevertheless may levy taxes at a rate not to
34 exceed the maximum rate for districts maintaining grades 1
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1 through 12 authorized under this Section, and except that if
2 any such district maintains only grades 1 through 8, the
3 board may levy, for educational purposes, at a rate not to
4 exceed the maximum rate for elementary districts authorized
5 under this Section.
6 Maximum rates before or after established in excess of
7 those prescribed shall not be affected by the amendatory Act
8 of 1965.
9 (Source: P.A. 87-984; 87-1023; 88-45.)
10 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
11 Sec. 29-5. Reimbursement by State for transportation.
12 (a) Any school district, maintaining a school, providing
13 special transportation for students enrolled in special
14 education programs, transporting nonpublic school students
15 under Section 29-4, transporting resident pupils to another
16 school district's vocational program, offered through a joint
17 agreement approved by the State Board of Education, as
18 provided in Section 10-22.22, or transporting its resident
19 pupils to a school which meets the standards for recognition
20 as established by the State Board of Education which provides
21 transportation meeting the standards of safety, comfort,
22 convenience, efficiency, and operation prescribed by the
23 State Board of Education for resident pupils in
24 pre-kindergarten through grade 12 or in adult education
25 programs operated by or on behalf of the school district
26 kindergarten or any of grades 1 through 12 who: (i)(a) reside
27 at least 1 1/2 miles as measured by the customary route of
28 travel, from the school attended,; or (b) reside in areas
29 where conditions are such that walking constitutes a hazard
30 to the safety of the child when determined under Section
31 29-3; and (ii)(c) are transported to the school attended from
32 pick-up points at the beginning of the school day and back
33 again at the close of the school day, are or transported to
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1 and from their assigned attendance centers during the school
2 day, or are transported based upon the contents of an
3 individualized education program shall be reimbursed by the
4 State as hereinafter provided in this Section. Entities
5 other than school districts may not apply for transportation
6 reimbursement.
7 The State will pay the cost of transporting eligible
8 pupils less the assessed valuation in a dual school district
9 maintaining secondary grades 9 to 12 inclusive times a
10 qualifying rate of .05%; in elementary school districts
11 maintaining grades K to 8 times a qualifying rate of .06%; in
12 unit districts maintaining grades K to 12 times a qualifying
13 rate of .07%. To be eligible to receive reimbursement in
14 excess of 4/5 of the cost to transport eligible pupils, a
15 school district shall have a Transportation Fund tax rate of
16 at least .12%. If a school district does not have a .12%
17 Transportation Fund tax rate, the amount of its claim in
18 excess of 4/5 of the cost of transporting pupils shall be
19 reduced by the sum arrived at by subtracting the
20 Transportation Fund tax rate from .12% and multiplying that
21 amount by the districts equalized or assessed valuation,
22 provided, that in no case shall said reduction result in
23 reimbursement of less than 4/5 of the cost to transport
24 eligible pupils.
25 The minimum amount to be received by a district is $16
26 times the number of eligible pupils transported.
27 Any such district transporting resident pupils during the
28 school day to an area vocational school or another school
29 district's vocational program more than 1 1/2 miles from the
30 school attended, as provided in Sections 10-22.20a and
31 10-22.22, shall be reimbursed by the State for 4/5 of the
32 cost of transporting eligible pupils.
33 School day means that period of time which the pupil is
34 required to be in attendance for instructional purposes.
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1 If a pupil is at a location within the school district
2 other than his residence for child care purposes at the time
3 for transportation to school, that location may be considered
4 for purposes of determining the 1 1/2 miles from the school
5 attended.
6 Claims for reimbursement that include children who attend
7 any school other than a public school shall show the number
8 of such children transported.
9 Claims for reimbursement under this Section shall not be
10 paid for the transportation of pupils for whom transportation
11 costs are claimed for payment under other Sections of this
12 Act.
13 The allowable direct cost of transporting pupils for
14 regular, vocational, and special education pupil
15 transportation shall be limited to the sum of the cost of
16 physical examinations required for employment as a school bus
17 driver; the salaries of full or part-time drivers and school
18 bus maintenance personnel; employee benefits excluding
19 Illinois municipal retirement payments, social security
20 payments, unemployment insurance payments and workers'
21 compensation insurance premiums; expenditures to independent
22 carriers who operate school buses; payments to other school
23 districts for pupil transportation services; pre-approved
24 contractual expenditures for computerized bus scheduling; the
25 cost of gasoline, oil, tires, and other supplies necessary
26 for the operation of school buses; the cost of converting
27 buses' gasoline engines to more fuel efficient engines or to
28 engines which use alternative energy sources; the cost of
29 travel to meetings and workshops conducted by the regional
30 superintendent or the State Superintendent of Education
31 pursuant to the standards established by the Secretary of
32 State under Section 6-106 of the Illinois Vehicle Code to
33 improve the driving skills of school bus drivers; the cost of
34 maintenance of school buses including parts and materials
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1 used; expenditures for leasing transportation vehicles,
2 except interest and service charges; the cost of insurance
3 and licenses for transportation vehicles; expenditures for
4 the rental of transportation equipment; plus a depreciation
5 allowance of 20% for 5 years for school buses and vehicles
6 approved for transporting pupils to and from school and a
7 depreciation allowance of 10% for 10 years for other
8 transportation equipment so used. In addition to the above
9 allowable costs school districts shall also claim all
10 transportation supervisory salary costs, including Illinois
11 municipal retirement payments, and all transportation related
12 building and building maintenance costs without limitation.
13 Special education allowable costs shall also include
14 expenditures for the salaries of attendants or aides for that
15 portion of the time they assist special education pupils
16 while in transit and expenditures for parents and public
17 carriers for transporting special education pupils when
18 pre-approved by the State Superintendent of Education.
19 Indirect costs shall be included in the reimbursement
20 claim for districts which own and operate their own school
21 buses. Such indirect costs shall include administrative
22 costs, or any costs attributable to transporting pupils from
23 their attendance centers to another school building for
24 instructional purposes. No school district which owns and
25 operates its own school buses may claim reimbursement for
26 indirect costs which exceed 5% of the total allowable direct
27 costs for pupil transportation.
28 (b) The State Board of Education shall prescribe uniform
29 regulations for determining the cost of providing
30 transportation using school district based cost accounting
31 principles, to include all costs associated with the
32 provision of transportation services, including costs
33 normally charged to funds other than the transportation fund,
34 less offsetting revenues. Offsetting revenues shall exclude
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1 State transportation reimbursement and the district's
2 transportation levy proceeds. Transportation costs incurred
3 by a district to accomplish transportation of staff between
4 attendance centers to provide required educational services
5 or to enhance curriculum offerings when done in lieu of
6 transporting students also shall be included.
7 (c) All students transported as authorized in this
8 Article may be claimed for transportation reimbursement by
9 the district. Claims shall include the allowable costs as
10 provided in the State Board of Education's regulations and
11 the number of students transported as follows:
12 (1) special education students transported on
13 special routes in conformance with their individualized
14 education program; and
15 (2) all students transported on all routes,
16 excluding those students listed in subdivision (1) of
17 this subsection (c).
18 (d) The following formula shall be used to determine
19 State transportation reimbursement:
20 (1) The number of weighted pupils transported for
21 each district shall be determined by multiplying the
22 number of special education students transported by the
23 district by the ratio of the statewide average cost per
24 pupil of providing special education transportation to
25 the statewide average cost per pupil of providing all
26 transportation and by adding this product to the total
27 number of all other students transported by the district.
28 The ratio of the statewide average cost per pupil of
29 providing special education transportation to the
30 statewide average cost per pupil of providing all
31 transportation shall be initially calculated using fiscal
32 year 1998 data and formulas. The ratio shall be updated
33 every 5 years beginning with fiscal year 2003 using
34 current data and formulas from a stratified random sample
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1 of districts.
2 (2) The district's threshold contribution per
3 weighted pupil transported shall be determined by
4 multiplying a tax rate of 0.06% for districts maintaining
5 grades 1 through 8, 0.06% for districts maintaining
6 grades 9 through 12, and 0.10% for districts maintaining
7 grades K through 12 by the equalized assessed valuation
8 of the real property of the district as determined under
9 subsection (G) of Section 18-8.05 and by dividing this
10 product by the number of weighted pupils transported for
11 the district.
12 (3) The district's average cost per weighted pupil
13 transported shall be determined by dividing the total
14 cost for providing all transportation services reported
15 by the district by the number of weighted pupils
16 transported for the district.
17 (4) The State shall reimburse 100% of the
18 district's transportation costs between the district's
19 threshold contribution per weighted pupil transported
20 established by subdivision (2) of this subsection (d) and
21 the lesser of (i) the statewide average cost per pupil
22 transported or (ii) the district's average cost per
23 weighted pupil transported.
24 (5) The State shall reimburse 50% of the district's
25 transportation costs between the district's average cost
26 per weighted pupil transported and 150% of the statewide
27 average cost per pupil transported less any threshold
28 revenue that exceeds the statewide average cost per pupil
29 transported.
30 (6) The State shall reimburse 25% of the district's
31 average cost per weighted pupil transported in excess of
32 150% of the statewide average cost per pupil transported
33 less any threshold revenue that exceeds 150% of the
34 statewide average cost per pupil transported.
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1 (7) The district's total reimbursement shall be the
2 sum of the amounts specified in subdivisions (4), (5),
3 and (6) of this subsection (d) multiplied by the number
4 of weighted pupils transported for the district.
5 If the appropriation for a fiscal year is insufficient to
6 reimburse districts at 100% of the eligible claims as
7 calculated in this Section, proration shall occur in reverse
8 order of subdivisions (4), (5), and (6) of this subsection
9 (d).
10 If a district's reimbursement during fiscal year 2001,
11 2002, or 2003 is less than its reimbursement entitlement in
12 fiscal year 1999, paid in fiscal year 2000 under the
13 provisions of this Section as these provisions existed before
14 the effective date of this amendatory Act of 1999, the
15 district shall receive an additional payment from funds
16 appropriated for this purpose so that its reimbursement will
17 not be less than the amount paid during fiscal year 2000.
18 The amount of the additional payment shall be the difference
19 between the district's reimbursement calculated under the
20 provisions of this Section and the amount that the district
21 was paid during fiscal year 2000 above standards and shall
22 prescribe forms of cost accounting and standards of
23 determining reasonable depreciation. Such depreciation shall
24 include the cost of equipping school buses with the safety
25 features required by law or by the rules, regulations and
26 standards promulgated by the State Board of Education, and
27 the Department of Transportation for the safety and
28 construction of school buses provided, however, any equipment
29 cost reimbursed by the Department of Transportation for
30 equipping school buses with such safety equipment shall be
31 deducted from the allowable cost in the computation of
32 reimbursement under this Section in the same percentage as
33 the cost of the equipment is depreciated.
34 (e)On or before July 10, annually, the board clerk or the
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1 secretary of The district shall certify to the regional
2 superintendent of schools upon forms prescribed by the State
3 Superintendent of Education the district's claim for
4 reimbursement for the school year ended on June 30 next
5 preceding. The regional superintendent of schools shall
6 check all transportation claims to ascertain compliance with
7 the prescribed standards and upon his approval shall certify
8 not later than July 25 to the State Superintendent of
9 Education the district's claim regional report of claims for
10 reimbursement reimbursements. The State Superintendent of
11 Education shall check and approve the claims and prepare the
12 vouchers showing the amounts due for district reimbursement
13 claims. Beginning with the 1977 fiscal year, The State
14 Superintendent of Education shall prepare and transmit the
15 first 3 vouchers to the Comptroller on the 30th day of
16 September, December and March, respectively, and the final
17 voucher, no later than June 15.
18 If the amount appropriated for transportation
19 reimbursement is insufficient to fund total claims for any
20 fiscal year, the State Board of Education shall reduce each
21 school district's allowable costs and flat grant amount
22 proportionately to make total adjusted claims equal the total
23 amount appropriated.
24 For purposes of calculating claims for reimbursement
25 under this Section for any school year beginning July 1,
26 1980, or thereafter, the equalized assessed valuation for a
27 school district used to compute reimbursement shall be
28 determined by adding to the real property equalized assessed
29 valuation for the district an amount computed by dividing the
30 amount of money received by the district under the provisions
31 of "An Act in relation to the abolition of ad valorem
32 personal property tax and the replacement of revenues lost
33 thereby, and amending and repealing certain Acts and parts of
34 Acts in connection therewith", certified August 14, 1979, as
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1 amended, by the total tax rate for the district. For purposes
2 of this subsection, 1976 tax rates shall be used for school
3 districts in the county of Cook, and 1977 tax rates shall be
4 used in all other counties. For the purposes of calculating
5 claims for reimbursement under this Section for any school
6 year beginning July 1, 1986, or thereafter, the real property
7 equalized assessed valuation for a school district used to
8 compute reimbursement shall be determined by subtracting from
9 the real property value as equalized or assessed by the
10 Department of Revenue for the district an amount computed by
11 dividing the amount of any abatement of taxes under Section
12 18-170 of the Property Tax Code by the maximum operating tax
13 rates specified in subsection 5(c) of Section 18-8.
14 All reimbursements received from the State shall be
15 deposited into the district's transportation fund or into the
16 fund from which the allowable expenditures were made.
17 (Source: P.A. 88-612, eff. 7-1-95; 88-641, eff. 9-9-94;
18 88-670, eff. 12-2-94; 89-235, eff. 8-4-95.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.