State of Illinois
91st General Assembly

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HB1154 Engrossed                               LRB9101412NTsb

 1        AN ACT to amend the School Code by changing Section 29-5.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 29-5 as follows:

 6        (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
 7        Sec.  29-5.   Reimbursement  by State for transportation.
 8    Any  school  district,  maintaining  a  school,  transporting
 9    resident  pupils  to  another  school  district's  vocational
10    program, offered through a joint agreement  approved  by  the
11    State  Board of Education, as provided in Section 10-22.22 or
12    transporting its resident pupils to a school which meets  the
13    standards  for  recognition as established by the State Board
14    of  Education  which  provides  transportation  meeting   the
15    standards  of  safety,  comfort,  convenience, efficiency and
16    operation prescribed by the  State  Board  of  Education  for
17    resident pupils in kindergarten or any of grades 1 through 12
18    who:  (a)  reside  at  least  1  1/2 miles as measured by the
19    customary route of travel, from the school attended;  or  (b)
20    reside  in  areas  where  conditions  are  such  that walking
21    constitutes  a  hazard  to  the  safety  of  the  child  when
22    determined under Section 29-3; and (c) are transported to the
23    school attended from pick-up points at the beginning  of  the
24    school  day  and back again at the close of the school day or
25    transported to and from  their  assigned  attendance  centers
26    during  the  school  day, shall be reimbursed by the State as
27    hereinafter provided in this Section.
28        The State will pay  the  cost  of  transporting  eligible
29    pupils  less the assessed valuation in a dual school district
30    maintaining secondary  grades  9  to  12  inclusive  times  a
31    qualifying  rate  of  .05%;  in  elementary  school districts
HB1154 Engrossed            -2-                LRB9101412NTsb
 1    maintaining grades K to 8 times a qualifying rate of .06%; in
 2    unit districts maintaining grades K to 12 times a  qualifying
 3    rate  of  .07%.  To  be  eligible to receive reimbursement in
 4    excess of 4/5 of the cost to  transport  eligible  pupils,  a
 5    school  district shall have a Transportation Fund tax rate of
 6    at least .12%.  If a school district does  not  have  a  .12%
 7    Transportation  Fund  tax  rate,  the  amount of its claim in
 8    excess of 4/5 of the cost of  transporting  pupils  shall  be
 9    reduced   by   the   sum   arrived   at  by  subtracting  the
10    Transportation Fund tax rate from .12% and  multiplying  that
11    amount  by  the  districts  equalized  or assessed valuation,
12    provided, that in no case  shall  said  reduction  result  in
13    reimbursement  of  less  than  4/5  of  the cost to transport
14    eligible pupils.
15        The minimum amount to be received by a  district  is  $16
16    times the number of eligible pupils transported.
17        Any such district transporting resident pupils during the
18    school  day  to  an  area vocational school or another school
19    district's vocational program more than 1 1/2 miles from  the
20    school  attended,  as  provided  in  Sections  10-22.20a  and
21    10-22.22,  shall  be  reimbursed  by the State for 4/5 of the
22    cost of transporting eligible pupils.
23        School day means that period of time which the  pupil  is
24    required to be in attendance for instructional purposes.
25        If  a  pupil  is at a location within the school district
26    other than his residence for child care purposes at the  time
27    for transportation to school, that location may be considered
28    for  purposes  of determining the 1 1/2 miles from the school
29    attended.
30        Claims for reimbursement that include children who attend
31    any school other than a public school shall show  the  number
32    of such children transported.
33        Claims  for reimbursement under this Section shall not be
34    paid for the transportation of pupils for whom transportation
HB1154 Engrossed            -3-                LRB9101412NTsb
 1    costs are claimed for payment under other  Sections  of  this
 2    Act.
 3        The  allowable  direct  cost  of  transporting pupils for
 4    regular,   vocational,   and    special    education    pupil
 5    transportation  shall  be  limited  to the sum of the cost of
 6    physical examinations required for employment as a school bus
 7    driver; the salaries of full or part-time drivers and  school
 8    bus   maintenance   personnel;  employee  benefits  excluding
 9    Illinois  municipal  retirement  payments,  social   security
10    payments,   unemployment   insurance  payments  and  workers'
11    compensation insurance premiums; expenditures to  independent
12    carriers  who  operate school buses; payments to other school
13    districts for  pupil  transportation  services;  pre-approved
14    contractual expenditures for computerized bus scheduling; the
15    cost  of  gasoline,  oil, tires, and other supplies necessary
16    for the operation of school buses;  the  cost  of  converting
17    buses'  gasoline engines to more fuel efficient engines or to
18    engines which use alternative energy  sources;  the  cost  of
19    travel  to  meetings  and workshops conducted by the regional
20    superintendent  or  the  State  Superintendent  of  Education
21    pursuant to the standards established  by  the  Secretary  of
22    State  under  Section  6-106  of the Illinois Vehicle Code to
23    improve the driving skills of school bus drivers; the cost of
24    maintenance of school buses  including  parts  and  materials
25    used;   expenditures  for  leasing  transportation  vehicles,
26    except interest and service charges; the  cost  of  insurance
27    and  licenses  for  transportation vehicles; expenditures for
28    the rental of transportation equipment; plus  a  depreciation
29    allowance  of  20%  for 5 years for school buses and vehicles
30    approved for transporting pupils to and  from  school  and  a
31    depreciation   allowance  of  10%  for  10  years  for  other
32    transportation equipment so used. In addition  to  the  above
33    allowable   costs  school  districts  shall  also  claim  all
34    transportation supervisory salary costs,  including  Illinois
HB1154 Engrossed            -4-                LRB9101412NTsb
 1    municipal retirement payments, and all transportation related
 2    building and building maintenance costs without limitation.
 3        Special  education  allowable  costs  shall  also include
 4    expenditures for the salaries of attendants or aides for that
 5    portion of the time  they  assist  special  education  pupils
 6    while  in  transit  and  expenditures  for parents and public
 7    carriers  for  transporting  special  education  pupils  when
 8    pre-approved by the State Superintendent of Education.
 9        Indirect costs shall be  included  in  the  reimbursement
10    claim  for  districts  which own and operate their own school
11    buses.  Such  indirect  costs  shall  include  administrative
12    costs,  or any costs attributable to transporting pupils from
13    their attendance  centers  to  another  school  building  for
14    instructional  purposes.   No  school district which owns and
15    operates its own school buses  may  claim  reimbursement  for
16    indirect  costs which exceed 5% of the total allowable direct
17    costs for pupil transportation.
18        The State Board  of  Education  shall  prescribe  uniform
19    regulations  for  determining  the  above standards and shall
20    prescribe  forms  of  cost  accounting   and   standards   of
21    determining  reasonable depreciation. Such depreciation shall
22    include the cost of equipping school buses  with  the  safety
23    features  required  by  law  or by the rules, regulations and
24    standards promulgated by the State Board  of  Education,  and
25    the   Department   of   Transportation  for  the  safety  and
26    construction of school buses provided, however, any equipment
27    cost reimbursed  by  the  Department  of  Transportation  for
28    equipping  school  buses  with such safety equipment shall be
29    deducted from  the  allowable  cost  in  the  computation  of
30    reimbursement  under  this  Section in the same percentage as
31    the cost of the equipment is depreciated.
32        On or before July 10, annually, the board  clerk  or  the
33    secretary  of  the  district  shall  certify  to the regional
34    superintendent of schools upon forms prescribed by the  State
HB1154 Engrossed            -5-                LRB9101412NTsb
 1    Superintendent   of   Education   the  district's  claim  for
 2    reimbursement for the school  year  ended  on  June  30  next
 3    preceding.   The  regional  superintendent  of  schools shall
 4    check all transportation claims to ascertain compliance  with
 5    the  prescribed standards and upon his approval shall certify
 6    not later  than  July  25  to  the  State  Superintendent  of
 7    Education  the  regional report of claims for reimbursements.
 8    The State Superintendent of Education shall check and approve
 9    the claims and prepare the vouchers showing the  amounts  due
10    for  district  reimbursement claims.  Beginning with the 1977
11    fiscal year, the  State  Superintendent  of  Education  shall
12    prepare  and transmit the first 3 vouchers to the Comptroller
13    on  the  30th  day   of  September,   December   and   March,
14    respectively, and the final voucher, no later than June 15.
15        If    the    amount   appropriated   for   transportation
16    reimbursement is insufficient to fund total  claims  for  any
17    fiscal  year,  the State Board of Education shall reduce each
18    school district's  allowable  costs  and  flat  grant  amount
19    proportionately to make total adjusted claims equal the total
20    amount appropriated.
21        For  purposes  of  calculating  claims  for reimbursement
22    under this Section for any  school  year  beginning  July  1,
23    1980,  or  thereafter, the equalized assessed valuation for a
24    school  district  used  to  compute  reimbursement  shall  be
25    determined by adding to the real property equalized  assessed
26    valuation for the district an amount computed by dividing the
27    amount of money received by the district under the provisions
28    of  "An  Act  in  relation  to  the  abolition  of ad valorem
29    personal property tax and the replacement  of  revenues  lost
30    thereby, and amending and repealing certain Acts and parts of
31    Acts  in connection therewith", certified August 14, 1979, as
32    amended, by the total tax rate for the district. For purposes
33    of this subsection, 1976 tax rates shall be used  for  school
34    districts  in the county of Cook, and 1977 tax rates shall be
HB1154 Engrossed            -6-                LRB9101412NTsb
 1    used in all other counties. For the purposes  of  calculating
 2    claims  for  reimbursement  under this Section for any school
 3    year beginning July 1, 1986, or thereafter, the real property
 4    equalized assessed valuation for a school  district  used  to
 5    compute reimbursement shall be determined by subtracting from
 6    the  real  property  value  as  equalized  or assessed by the
 7    Department of Revenue for the  district an amount computed by
 8    dividing the amount of any abatement of taxes  under  Section
 9    18-170  of the Property Tax Code by the maximum operating tax
10    rates specified in subsection 5(c) of Section 18-8.
11        All reimbursements  received  from  the  State  shall  be
12    deposited into the district's transportation fund or into the
13    fund from which the allowable expenditures were made.
14    (Source:  P.A.  88-612,  eff.  7-1-95;  88-641,  eff. 9-9-94;
15    88-670, eff. 12-2-94; 89-235, eff. 8-4-95.)

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