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92_SB1930ham002
LRB9215990ACcdam
1 AMENDMENT TO SENATE BILL 1930
2 AMENDMENT NO. . Amend Senate Bill 1930 by replacing
3 the title with the following:
4 "AN ACT concerning schools."; and
5 by inserting immediately below the enacting clause the
6 following:
7 "Section 3. The School Code is amended by changing
8 Sections 1D-1, 14-7.02, 14-7.02a, 14-13.01, and 29-5 and
9 adding Sections 17-17 and 34-23.5 as follows:
10 (105 ILCS 5/1D-1)
11 Sec. 1D-1. Block grant funding.
12 (a) For fiscal year 1996 and each fiscal year
13 thereafter, the State Board of Education shall award to a
14 school district having a population exceeding 500,000
15 inhabitants a general education block grant and an
16 educational services block grant, determined as provided in
17 this Section, in lieu of distributing to the district
18 separate State funding for the programs described in
19 subsections (b) and (c). The provisions of this Section,
20 however, do not apply to any federal funds that the district
21 is entitled to receive. In accordance with Section 2-3.32,
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1 all block grants are subject to an audit. Therefore, block
2 grant receipts and block grant expenditures shall be recorded
3 to the appropriate fund code for the designated block grant.
4 (b) The general education block grant shall include the
5 following programs: REI Initiative, Summer Bridges, Preschool
6 At Risk, K-6 Comprehensive Arts, School Improvement Support,
7 Urban Education, Scientific Literacy, Substance Abuse
8 Prevention, Second Language Planning, Staff Development,
9 Outcomes and Assessment, K-6 Reading Improvement, Truants'
10 Optional Education, Hispanic Programs, Agriculture Education,
11 Gifted Education, Parental Education, Prevention Initiative,
12 Report Cards, and Criminal Background Investigations.
13 Notwithstanding any other provision of law, all amounts paid
14 under the general education block grant from State
15 appropriations to a school district in a city having a
16 population exceeding 500,000 inhabitants shall be
17 appropriated and expended by the board of that district for
18 any of the programs included in the block grant or any of the
19 board's lawful purposes.
20 (c) The educational services block grant shall include
21 the following programs: Bilingual, Regular and Vocational
22 Transportation, State Lunch and Free Breakfast Program,
23 Special Education (Personnel, Extraordinary, Transportation,
24 Orphanage, Private Tuition), Summer School, Educational
25 Service Centers, and Administrator's Academy. This
26 subsection (c) does not relieve the district of its
27 obligation to provide the services required under a program
28 that is included within the educational services block grant.
29 It is the intention of the General Assembly in enacting the
30 provisions of this subsection (c) to relieve the district of
31 the administrative burdens that impede efficiency and
32 accompany single-program funding. The General Assembly
33 encourages the board to pursue mandate waivers pursuant to
34 Section 2-3.25g.
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1 (d) For fiscal year 1996 and each fiscal year
2 thereafter, the amount of the district's block grants shall
3 be determined as follows: (i) with respect to each program
4 that is included within each block grant, the district shall
5 receive an amount equal to the same percentage of the current
6 fiscal year appropriation made for that program as the
7 percentage of the appropriation received by the district from
8 the 1995 fiscal year appropriation made for that program, and
9 (ii) the total amount that is due the district under the
10 block grant shall be the aggregate of the amounts that the
11 district is entitled to receive for the fiscal year with
12 respect to each program that is included within the block
13 grant that the State Board of Education shall award the
14 district under this Section for that fiscal year. In the
15 case of the Summer Bridges program, the amount of the
16 district's block grant shall be equal to 44% of the amount of
17 the current fiscal year appropriation made for that program.
18 (e) The district is not required to file any application
19 or other claim in order to receive the block grants to which
20 it is entitled under this Section. The State Board of
21 Education shall make payments to the district of amounts due
22 under the district's block grants on a schedule determined by
23 the State Board of Education.
24 (f) A school district to which this Section applies
25 shall report to the State Board of Education on its use of
26 the block grants in such form and detail as the State Board
27 of Education may specify.
28 (g) This paragraph provides for the treatment of block
29 grants under Article 1C for purposes of calculating the
30 amount of block grants for a district under this Section.
31 Those block grants under Article 1C IC are, for this purpose,
32 treated as included in the amount of appropriation for the
33 various programs set forth in paragraph (b) above. The
34 appropriation in each current fiscal year for each block
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1 grant under Article 1C shall be treated for these purposes as
2 appropriations for the individual program included in that
3 block grant. The proportion of each block grant so allocated
4 to each such program included in it shall be the proportion
5 which the appropriation for that program was of all
6 appropriations for such purposes now in that block grant, in
7 fiscal 1995.
8 Payments to the school district under this Section with
9 respect to each program for which payments to school
10 districts generally, as of the date of this amendatory Act of
11 the 92nd General Assembly, are on a reimbursement basis shall
12 continue to be made to the district on a reimbursement basis,
13 pursuant to the provisions of this Code governing those
14 programs.
15 (h) Notwithstanding any other provision of law, any
16 school district receiving a block grant under this Section
17 may classify all or a portion of the funds that it receives
18 in a particular fiscal year from any block grant authorized
19 under this Code or from general State aid pursuant to Section
20 18-8.05 of this Code (other than supplemental general State
21 aid) as funds received in connection with any funding program
22 for which it is entitled to receive funds from the State in
23 that fiscal year (including, without limitation, any funding
24 program referred to in subsection (c) of this Section),
25 regardless of the source or timing of the receipt. The
26 district may not classify more funds as funds received in
27 connection with the funding program than the district is
28 entitled to receive in that fiscal year for that program.
29 Any classification by a district must be made by a resolution
30 of its board of education. The resolution must identify the
31 amount of any block grant or general State aid to be
32 classified under this subsection (h) and must specify the
33 funding program to which the funds are to be treated as
34 received in connection therewith. This resolution is
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1 controlling as to the classification of funds referenced
2 therein. A certified copy of the resolution must be sent to
3 the State Superintendent of Education. The resolution shall
4 still take effect even though a copy of the resolution has
5 not been sent to the State Superintendent of Education in a
6 timely manner. No classification under this subsection (h)
7 by a district shall affect the total amount or timing of
8 money the district is entitled to receive under this Code.
9 No classification under this subsection (h) by a district
10 shall in any way relieve the district from or affect any
11 requirements that otherwise would apply with respect to the
12 block grant as provided in this Section, including any
13 accounting of funds by source, reporting expenditures by
14 original source and purpose, reporting requirements, or
15 requirements of provision of services.
16 (Source: P.A. 90-566, eff. 1-2-98; 90-653, eff. 7-29-98;
17 91-711, eff. 7-1-00; revised 12-04-01.)
18 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
19 Sec. 14-7.02. Children attending private schools, public
20 out-of-state schools, public school residential facilities or
21 private special education facilities. The General Assembly
22 recognizes that non-public schools or special education
23 facilities provide an important service in the educational
24 system in Illinois.
25 If because of his or her disability the special education
26 program of a district is unable to meet the needs of a child
27 and the child attends a non-public school or special
28 education facility, a public out-of-state school or a special
29 education facility owned and operated by a county government
30 unit that provides special educational services required by
31 the child and is in compliance with the appropriate rules and
32 regulations of the State Superintendent of Education, the
33 school district in which the child is a resident shall pay
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1 the actual cost of tuition for special education and related
2 services provided during the regular school term and during
3 the summer school term if the child's educational needs so
4 require, excluding room, board and transportation costs
5 charged the child by that non-public school or special
6 education facility, public out-of-state school or county
7 special education facility, or $4,500 per year, whichever is
8 less, and shall provide him any necessary transportation.
9 "Nonpublic special education facility" shall include a
10 residential facility, within or without the State of
11 Illinois, which provides special education and related
12 services to meet the needs of the child by utilizing private
13 schools or public schools, whether located on the site or off
14 the site of the residential facility.
15 The State Board of Education shall promulgate rules and
16 regulations for determining when placement in a private
17 special education facility is appropriate. Such rules and
18 regulations shall take into account the various types of
19 services needed by a child and the availability of such
20 services to the particular child in the public school. In
21 developing these rules and regulations the State Board of
22 Education shall consult with the Advisory Council on
23 Education of Children with Disabilities and hold public
24 hearings to secure recommendations from parents, school
25 personnel, and others concerned about this matter.
26 The State Board of Education shall also promulgate rules
27 and regulations for transportation to and from a residential
28 school. Transportation to and from home to a residential
29 school more than once each school term shall be subject to
30 prior approval by the State Superintendent in accordance with
31 the rules and regulations of the State Board.
32 A school district making tuition payments pursuant to
33 this Section is eligible for reimbursement from the State for
34 the amount of such payments actually made in excess of the
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1 district per capita tuition charge for students not receiving
2 special education services. Such reimbursement shall be
3 approved in accordance with Section 14-12.01 and each
4 district shall file its claims, computed in accordance with
5 rules prescribed by the State Board of Education, on forms
6 prescribed by the State Superintendent of Education. Data
7 used as a basis of reimbursement claims shall be for the
8 preceding regular school term and summer school term. Each
9 school district shall transmit its claims to the State Board
10 of Education on or before August 15. The State Board of
11 Education, before approving any such claims, shall determine
12 their accuracy and whether they are based upon services and
13 facilities provided under approved programs. Upon approval
14 the State Board shall cause vouchers to be prepared showing
15 the amount due for payment of reimbursement claims to school
16 districts, for transmittal to the State Comptroller on the
17 30th day of September, December, and March, respectively, and
18 the final voucher, no later than June 20. If the money
19 appropriated by the General Assembly for such purpose for any
20 year is insufficient, it shall be apportioned on the basis of
21 the claims approved.
22 No child shall be placed in a special education program
23 pursuant to this Section if the tuition cost for special
24 education and related services increases more than 10 percent
25 over the tuition cost for the previous school year or exceeds
26 $4,500 per year unless such costs have been approved by the
27 Illinois Purchased Care Review Board. The Illinois
28 Purchased Care Review Board shall consist of the following
29 persons, or their designees: the Directors of Children and
30 Family Services, Public Health, Public Aid, and the Bureau of
31 the Budget; the Secretary of Human Services; the State
32 Superintendent of Education; and such other persons as the
33 Governor may designate. The Review Board shall establish
34 rules and regulations for its determination of allowable
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1 costs and payments made by local school districts for special
2 education, room and board, and other related services
3 provided by non-public schools or special education
4 facilities and shall establish uniform standards and criteria
5 which it shall follow.
6 The Review Board shall establish uniform definitions and
7 criteria for accounting separately by special education, room
8 and board and other related services costs. The Board shall
9 also establish guidelines for the coordination of services
10 and financial assistance provided by all State agencies to
11 assure that no otherwise qualified disabled child receiving
12 services under Article 14 shall be excluded from
13 participation in, be denied the benefits of or be subjected
14 to discrimination under any program or activity provided by
15 any State agency.
16 The Review Board shall review the costs for special
17 education and related services provided by non-public schools
18 or special education facilities and shall approve or
19 disapprove such facilities in accordance with the rules and
20 regulations established by it with respect to allowable
21 costs.
22 The State Board of Education shall provide administrative
23 and staff support for the Review Board as deemed reasonable
24 by the State Superintendent of Education. This support shall
25 not include travel expenses or other compensation for any
26 Review Board member other than the State Superintendent of
27 Education.
28 The Review Board shall seek the advice of the Advisory
29 Council on Education of Children with Disabilities on the
30 rules and regulations to be promulgated by it relative to
31 providing special education services.
32 If a child has been placed in a program in which the
33 actual per pupil costs of tuition for special education and
34 related services based on program enrollment, excluding room,
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1 board and transportation costs, exceed $4,500 and such costs
2 have been approved by the Review Board, the district shall
3 pay such total costs which exceed $4,500. A district making
4 such tuition payments in excess of $4,500 pursuant to this
5 Section shall be responsible for an amount in excess of
6 $4,500 equal to the district per capita tuition charge and
7 shall be eligible for reimbursement from the State for the
8 amount of such payments actually made in excess of the
9 districts per capita tuition charge for students not
10 receiving special education services.
11 If a child has been placed in an approved individual
12 program and the tuition costs including room and board costs
13 have been approved by the Review Board, then such room and
14 board costs shall be paid by the appropriate State agency
15 subject to the provisions of Section 14-8.01 of this Act.
16 Room and board costs not provided by a State agency other
17 than the State Board of Education shall be provided by the
18 State Board of Education on a current basis. In no event,
19 however, shall the State's liability for funding of these
20 tuition costs begin until after the legal obligations of
21 third party payors have been subtracted from such costs. If
22 the money appropriated by the General Assembly for such
23 purpose for any year is insufficient, it shall be apportioned
24 on the basis of the claims approved. Each district shall
25 submit estimated claims to the State Superintendent of
26 Education. Upon approval of such claims, the State
27 Superintendent of Education shall direct the State
28 Comptroller to make payments on a monthly basis. The
29 frequency for submitting estimated claims and the method of
30 determining payment shall be prescribed in rules and
31 regulations adopted by the State Board of Education. Such
32 current state reimbursement shall be reduced by an amount
33 equal to the proceeds which the child or child's parents are
34 eligible to receive under any public or private insurance or
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1 assistance program. Nothing in this Section shall be
2 construed as relieving an insurer or similar third party from
3 an otherwise valid obligation to provide or to pay for
4 services provided to a disabled child.
5 If it otherwise qualifies, a school district is eligible
6 for the transportation reimbursement under Section 14-13.01
7 and for the reimbursement of tuition payments under this
8 Section whether the non-public school or special education
9 facility, public out-of-state school or county special
10 education facility, attended by a child who resides in that
11 district and requires special educational services, is within
12 or outside of the State of Illinois. However, a district is
13 not eligible to claim transportation reimbursement under this
14 Section unless the district certifies to the State
15 Superintendent of Education that the district is unable to
16 provide special educational services required by the child
17 for the current school year.
18 Nothing in this Section authorizes the reimbursement of a
19 school district for the amount paid for tuition of a child
20 attending a non-public school or special education facility,
21 public out-of-state school or county special education
22 facility unless the school district certifies to the State
23 Superintendent of Education that the special education
24 program of that district is unable to meet the needs of that
25 child because of his disability and the State Superintendent
26 of Education finds that the school district is in substantial
27 compliance with Section 14-4.01.
28 Any educational or related services provided, pursuant to
29 this Section in a non-public school or special education
30 facility or a special education facility owned and operated
31 by a county government unit shall be at no cost to the parent
32 or guardian of the child. However, current law and practices
33 relative to contributions by parents or guardians for costs
34 other than educational or related services are not affected
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1 by this amendatory Act of 1978.
2 Reimbursement for children attending public school
3 residential facilities shall be made in accordance with the
4 provisions of this Section.
5 Notwithstanding any other provision of law, any school
6 district receiving a payment under this Section or under
7 Section 14-7.02a, 14-13.01, or 29-5 of this Code may classify
8 all or a portion of the funds that it receives in a
9 particular fiscal year or from general State aid pursuant to
10 Section 18-8.05 of this Code as funds received in connection
11 with any funding program for which it is entitled to receive
12 funds from the State in that fiscal year (including, without
13 limitation, any funding program referenced in this Section),
14 regardless of the source or timing of the receipt. The
15 district may not classify more funds as funds received in
16 connection with the funding program than the district is
17 entitled to receive in that fiscal year for that program.
18 Any classification by a district must be made by a resolution
19 of its board of education. The resolution must identify the
20 amount of any payments or general State aid to be classified
21 under this paragraph and must specify the funding program to
22 which the funds are to be treated as received in connection
23 therewith. This resolution is controlling as to the
24 classification of funds referenced therein. A certified copy
25 of the resolution must be sent to the State Superintendent of
26 Education. The resolution shall still take effect even though
27 a copy of the resolution has not been sent to the State
28 Superintendent of Education in a timely manner. No
29 classification under this paragraph by a district shall
30 affect the total amount or timing of money the district is
31 entitled to receive under this Code. No classification under
32 this paragraph by a district shall in any way relieve the
33 district from or affect any requirements that otherwise would
34 apply with respect to that funding program, including any
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1 accounting of funds by source, reporting expenditures by
2 original source and purpose, reporting requirements, or
3 requirements of providing services.
4 (Source: P.A. 91-764, eff. 6-9-00.)
5 (105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a)
6 Sec. 14-7.02a. Children requiring extraordinary special
7 education services and facilities. A school district
8 providing for a child requiring extraordinary special
9 education services because of the nature of his disability is
10 eligible for reimbursement from the State if the cost of
11 educating that child is computed, as set forth in Section
12 14-7.01, to be in excess of one and one-half times the
13 district per capita tuition charge for the prior year. Such
14 costs beyond one per capita tuition charge shall be
15 reimbursed, up to a maximum of $2,000.
16 A child is deemed to require extraordinary special
17 education services and facilities under the following
18 conditions:
19 1) the school district has determined that the
20 child requires extraordinary special education facilities
21 pursuant to the multidisciplinary case study and the
22 individualized education program;
23 2) the school district maintains adequate cost
24 accounting to document the per capita cost of special
25 education; and
26 3) the school district submits approval and claim
27 data annually for each eligible child.
28 Extraordinary special education services provided on a
29 one-half day basis shall only be reimbursed at a rate of
30 one-half the amount otherwise provided herein.
31 Notwithstanding any other provision of law, any school
32 district receiving a payment under this Section or under
33 Section 14-7.02, 14-13.01, or 29-5 of this Code may classify
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1 all or a portion of the funds that it receives in a
2 particular fiscal year or from general State aid pursuant to
3 Section 18-8.05 of this Code as funds received in connection
4 with any funding program for which it is entitled to receive
5 funds from the State in that fiscal year (including, without
6 limitation, any funding program referenced in this Section),
7 regardless of the source or timing of the receipt. The
8 district may not classify more funds as funds received in
9 connection with the funding program than the district is
10 entitled to receive in that fiscal year for that program.
11 Any classification by a district must be made by a resolution
12 of its board of education. The resolution must identify the
13 amount of any payments or general State aid to be classified
14 under this paragraph and must specify the funding program to
15 which the funds are to be treated as received in connection
16 therewith. This resolution is controlling as to the
17 classification of funds referenced therein. A certified copy
18 of the resolution must be sent to the State Superintendent of
19 Education. The resolution shall still take effect even though
20 a copy of the resolution has not been sent to the State
21 Superintendent of Education in a timely manner. No
22 classification under this paragraph by a district shall
23 affect the total amount or timing of money the district is
24 entitled to receive under this Code. No classification under
25 this paragraph by a district shall in any way relieve the
26 district from or affect any requirements that otherwise would
27 apply with respect to that funding program, including any
28 accounting of funds by source, reporting expenditures by
29 original source and purpose, reporting requirements, or
30 requirements of providing services.
31 (Source: P.A. 88-16.)
32 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
33 Sec. 14-13.01. Reimbursement payable by State; Amounts.
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1 Reimbursement for furnishing special educational facilities
2 in a recognized school to the type of children defined in
3 Section 14-1.02 shall be paid to the school districts in
4 accordance with Section 14-12.01 for each school year ending
5 June 30 by the State Comptroller out of any money in the
6 treasury appropriated for such purposes on the presentation
7 of vouchers by the State Board of Education.
8 The reimbursement shall be limited to funds expended for
9 construction and maintenance of special education facilities
10 designed and utilized to house instructional programs,
11 diagnostic services, other special education services for
12 children with disabilities and reimbursement as provided in
13 Section 14-13.01. There shall be no reimbursement for
14 construction and maintenance of any administrative facility
15 separated from special education facilities designed and
16 utilized to house instructional programs, diagnostic services
17 and other special education services for children with
18 disabilities.
19 (a) For children who have not been identified as
20 eligible for special education and for eligible children with
21 physical disabilities, including all eligible children whose
22 placement has been determined under Section 14-8.02 in
23 hospital or home instruction, 1/2 of the teacher's salary but
24 not more than $1,000 annually per child or $8,000 per teacher
25 for the 1985-1986 school year and thereafter, whichever is
26 less. Children to be included in any reimbursement under
27 this paragraph must regularly receive a minimum of one hour
28 of instruction each school day, or in lieu thereof of a
29 minimum of 5 hours of instruction in each school week in
30 order to qualify for full reimbursement under this Section.
31 If the attending physician for such a child has certified
32 that the child should not receive as many as 5 hours of
33 instruction in a school week, however, reimbursement under
34 this paragraph on account of that child shall be computed
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1 proportionate to the actual hours of instruction per week for
2 that child divided by 5.
3 (b) For children described in Section 14-1.02, 4/5 of
4 the cost of transportation for each such child, whom the
5 State Superintendent of Education determined in advance
6 requires special transportation service in order to take
7 advantage of special educational facilities. Transportation
8 costs shall be determined in the same fashion as provided in
9 Section 29-5. For purposes of this subsection (b), the dates
10 for processing claims specified in Section 29-5 shall apply.
11 (c) For each professional worker excluding those
12 included in subparagraphs (a), (d), (e), and (f) of this
13 Section, the annual sum of $8,000 for the 1985-1986 school
14 year and thereafter.
15 (d) For one full time qualified director of the special
16 education program of each school district which maintains a
17 fully approved program of special education the annual sum of
18 $8,000 for the 1985-1986 school year and thereafter.
19 Districts participating in a joint agreement special
20 education program shall not receive such reimbursement if
21 reimbursement is made for a director of the joint agreement
22 program.
23 (e) For each school psychologist as defined in Section
24 14-1.09 the annual sum of $8,000 for the 1985-1986 school
25 year and thereafter.
26 (f) For each qualified teacher working in a fully
27 approved program for children of preschool age who are deaf
28 or hard-of-hearing the annual sum of $8,000 for the 1985-1986
29 school year and thereafter.
30 (g) For readers, working with blind or partially seeing
31 children 1/2 of their salary but not more than $400 annually
32 per child. Readers may be employed to assist such children
33 and shall not be required to be certified but prior to
34 employment shall meet standards set up by the State Board of
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1 Education.
2 (h) For necessary non-certified employees working in any
3 class or program for children defined in this Article, 1/2 of
4 the salary paid or $2,800 annually per employee, whichever is
5 less.
6 The State Board of Education shall set standards and
7 prescribe rules for determining the allocation of
8 reimbursement under this section on less than a full time
9 basis and for less than a school year.
10 When any school district eligible for reimbursement under
11 this Section operates a school or program approved by the
12 State Superintendent of Education for a number of days in
13 excess of the adopted school calendar but not to exceed 235
14 school days, such reimbursement shall be increased by 1/185
15 of the amount or rate paid hereunder for each day such school
16 is operated in excess of 185 days per calendar year.
17 Notwithstanding any other provision of law, any school
18 district receiving a payment under this Section or under
19 Section 14-7.02, 14-7.02a, or 29-5 of this Code may classify
20 all or a portion of the funds that it receives in a
21 particular fiscal year or from general State aid pursuant to
22 Section 18-8.05 of this Code as funds received in connection
23 with any funding program for which it is entitled to receive
24 funds from the State in that fiscal year (including, without
25 limitation, any funding program referenced in this Section),
26 regardless of the source or timing of the receipt. The
27 district may not classify more funds as funds received in
28 connection with the funding program than the district is
29 entitled to receive in that fiscal year for that program.
30 Any classification by a district must be made by a resolution
31 of its board of education. The resolution must identify the
32 amount of any payments or general State aid to be classified
33 under this paragraph and must specify the funding program to
34 which the funds are to be treated as received in connection
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1 therewith. This resolution is controlling as to the
2 classification of funds referenced therein. A certified copy
3 of the resolution must be sent to the State Superintendent of
4 Education. The resolution shall still take effect even though
5 a copy of the resolution has not been sent to the State
6 Superintendent of Education in a timely manner. No
7 classification under this paragraph by a district shall
8 affect the total amount or timing of money the district is
9 entitled to receive under this Code. No classification under
10 this paragraph by a district shall in any way relieve the
11 district from or affect any requirements that otherwise would
12 apply with respect to that funding program, including any
13 accounting of funds by source, reporting expenditures by
14 original source and purpose, reporting requirements, or
15 requirements of providing services.
16 (Source: P.A. 88-555, eff. 7-27-94; 88-641, eff. 9-9-94;
17 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
18 (105 ILCS 5/17-17 new)
19 Sec. 17-17. Issuance of notes, bonds, or other
20 obligations in lieu of tax anticipation warrants.
21 (a) In lieu of issuing tax anticipation warrants in
22 accordance with Section 17-16 of this Code, the school board
23 of a school district having a population of 500,000 or less
24 inhabitants may issue notes, bonds, or other obligations (and
25 in connection with that issuance, establish a line of credit
26 with a bank) in an amount not to exceed 85% of the amount of
27 property taxes most recently levied for educational and
28 building purposes. Moneys thus borrowed shall be applied to
29 the purposes for which they were obtained and no other
30 purpose. All moneys so borrowed shall be repaid exclusively
31 from property tax revenues within 60 days after the property
32 tax revenues have been received by the board.
33 (b) Borrowing authorized under subsection (a) of this
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1 Section shall bear interest at a rate not to exceed the
2 maximum rate authorized by the Bond Authorization Act, from
3 the date of issuance until paid.
4 (c) Prior to the board borrowing or establishing a line
5 of credit under this Section, the board shall authorize, by
6 resolution, the borrowing or line of credit. The resolution
7 shall set forth facts demonstrating the need for the
8 borrowing or line of credit, state the amount to be borrowed,
9 establish a maximum interest rate limit not to exceed that
10 set forth in subsection (b) of this Section, and provide a
11 date by which the borrowed funds shall be repaid. The
12 resolution shall direct the relevant officials to make
13 arrangements to set apart and hold the taxes, as received,
14 that will be used to repay the borrowing. In addition, the
15 resolution may authorize the relevant officials to make
16 partial repayments of the borrowing as the taxes become
17 available and may contain any other terms, restrictions, or
18 limitations not inconsistent with the provisions of this
19 Section.
20 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
21 Sec. 29-5. Reimbursement by State for transportation.
22 Any school district, maintaining a school, transporting
23 resident pupils to another school district's vocational
24 program, offered through a joint agreement approved by the
25 State Board of Education, as provided in Section 10-22.22 or
26 transporting its resident pupils to a school which meets the
27 standards for recognition as established by the State Board
28 of Education which provides transportation meeting the
29 standards of safety, comfort, convenience, efficiency and
30 operation prescribed by the State Board of Education for
31 resident pupils in kindergarten or any of grades 1 through 12
32 who: (a) reside at least 1 1/2 miles as measured by the
33 customary route of travel, from the school attended; or (b)
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1 reside in areas where conditions are such that walking
2 constitutes a hazard to the safety of the child when
3 determined under Section 29-3; and (c) are transported to the
4 school attended from pick-up points at the beginning of the
5 school day and back again at the close of the school day or
6 transported to and from their assigned attendance centers
7 during the school day, shall be reimbursed by the State as
8 hereinafter provided in this Section.
9 The State will pay the cost of transporting eligible
10 pupils less the assessed valuation in a dual school district
11 maintaining secondary grades 9 to 12 inclusive times a
12 qualifying rate of .05%; in elementary school districts
13 maintaining grades K to 8 times a qualifying rate of .06%; in
14 unit districts maintaining grades K to 12 times a qualifying
15 rate of .07%. To be eligible to receive reimbursement in
16 excess of 4/5 of the cost to transport eligible pupils, a
17 school district shall have a Transportation Fund tax rate of
18 at least .12%. If a school district does not have a .12%
19 Transportation Fund tax rate, the amount of its claim in
20 excess of 4/5 of the cost of transporting pupils shall be
21 reduced by the sum arrived at by subtracting the
22 Transportation Fund tax rate from .12% and multiplying that
23 amount by the districts equalized or assessed valuation,
24 provided, that in no case shall said reduction result in
25 reimbursement of less than 4/5 of the cost to transport
26 eligible pupils.
27 The minimum amount to be received by a district is $16
28 times the number of eligible pupils transported.
29 Any such district transporting resident pupils during the
30 school day to an area vocational school or another school
31 district's vocational program more than 1 1/2 miles from the
32 school attended, as provided in Sections 10-22.20a and
33 10-22.22, shall be reimbursed by the State for 4/5 of the
34 cost of transporting eligible pupils.
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1 School day means that period of time which the pupil is
2 required to be in attendance for instructional purposes.
3 If a pupil is at a location within the school district
4 other than his residence for child care purposes at the time
5 for transportation to school, that location may be considered
6 for purposes of determining the 1 1/2 miles from the school
7 attended.
8 Claims for reimbursement that include children who attend
9 any school other than a public school shall show the number
10 of such children transported.
11 Claims for reimbursement under this Section shall not be
12 paid for the transportation of pupils for whom transportation
13 costs are claimed for payment under other Sections of this
14 Act.
15 The allowable direct cost of transporting pupils for
16 regular, vocational, and special education pupil
17 transportation shall be limited to the sum of the cost of
18 physical examinations required for employment as a school bus
19 driver; the salaries of full or part-time drivers and school
20 bus maintenance personnel; employee benefits excluding
21 Illinois municipal retirement payments, social security
22 payments, unemployment insurance payments and workers'
23 compensation insurance premiums; expenditures to independent
24 carriers who operate school buses; payments to other school
25 districts for pupil transportation services; pre-approved
26 contractual expenditures for computerized bus scheduling; the
27 cost of gasoline, oil, tires, and other supplies necessary
28 for the operation of school buses; the cost of converting
29 buses' gasoline engines to more fuel efficient engines or to
30 engines which use alternative energy sources; the cost of
31 travel to meetings and workshops conducted by the regional
32 superintendent or the State Superintendent of Education
33 pursuant to the standards established by the Secretary of
34 State under Section 6-106 of the Illinois Vehicle Code to
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1 improve the driving skills of school bus drivers; the cost of
2 maintenance of school buses including parts and materials
3 used; expenditures for leasing transportation vehicles,
4 except interest and service charges; the cost of insurance
5 and licenses for transportation vehicles; expenditures for
6 the rental of transportation equipment; plus a depreciation
7 allowance of 20% for 5 years for school buses and vehicles
8 approved for transporting pupils to and from school and a
9 depreciation allowance of 10% for 10 years for other
10 transportation equipment so used. In addition to the above
11 allowable costs school districts shall also claim all
12 transportation supervisory salary costs, including Illinois
13 municipal retirement payments, and all transportation related
14 building and building maintenance costs without limitation.
15 Special education allowable costs shall also include
16 expenditures for the salaries of attendants or aides for that
17 portion of the time they assist special education pupils
18 while in transit and expenditures for parents and public
19 carriers for transporting special education pupils when
20 pre-approved by the State Superintendent of Education.
21 Indirect costs shall be included in the reimbursement
22 claim for districts which own and operate their own school
23 buses. Such indirect costs shall include administrative
24 costs, or any costs attributable to transporting pupils from
25 their attendance centers to another school building for
26 instructional purposes. No school district which owns and
27 operates its own school buses may claim reimbursement for
28 indirect costs which exceed 5% of the total allowable direct
29 costs for pupil transportation.
30 The State Board of Education shall prescribe uniform
31 regulations for determining the above standards and shall
32 prescribe forms of cost accounting and standards of
33 determining reasonable depreciation. Such depreciation shall
34 include the cost of equipping school buses with the safety
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1 features required by law or by the rules, regulations and
2 standards promulgated by the State Board of Education, and
3 the Department of Transportation for the safety and
4 construction of school buses provided, however, any equipment
5 cost reimbursed by the Department of Transportation for
6 equipping school buses with such safety equipment shall be
7 deducted from the allowable cost in the computation of
8 reimbursement under this Section in the same percentage as
9 the cost of the equipment is depreciated.
10 On or before July 10, annually, the board clerk or the
11 secretary of the district shall certify to the regional
12 superintendent of schools upon forms prescribed by the State
13 Superintendent of Education the district's claim for
14 reimbursement for the school year ended on June 30 next
15 preceding. The regional superintendent of schools shall
16 check all transportation claims to ascertain compliance with
17 the prescribed standards and upon his approval shall certify
18 not later than July 25 to the State Superintendent of
19 Education the regional report of claims for reimbursements.
20 The State Superintendent of Education shall check and approve
21 the claims and prepare the vouchers showing the amounts due
22 for district reimbursement claims. Beginning with the 1977
23 fiscal year, the State Superintendent of Education shall
24 prepare and transmit the first 3 vouchers to the Comptroller
25 on the 30th day of September, December and March,
26 respectively, and the final voucher, no later than June 15.
27 If the amount appropriated for transportation
28 reimbursement is insufficient to fund total claims for any
29 fiscal year, the State Board of Education shall reduce each
30 school district's allowable costs and flat grant amount
31 proportionately to make total adjusted claims equal the total
32 amount appropriated.
33 For purposes of calculating claims for reimbursement
34 under this Section for any school year beginning July 1,
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1 1998, or thereafter, the equalized assessed valuation for a
2 school district used to compute reimbursement shall be
3 computed in the same manner as it is computed under paragraph
4 (2) of subsection (G) of Section 18-8.05.
5 All reimbursements received from the State shall be
6 deposited into the district's transportation fund or into the
7 fund from which the allowable expenditures were made.
8 Notwithstanding any other provision of law, any school
9 district receiving a payment under this Section or under
10 Section 14-7.02, 14-7.02a, or 14-13.01 of this Code may
11 classify all or a portion of the funds that it receives in a
12 particular fiscal year or from general State aid pursuant to
13 Section 18-8.05 of this Code as funds received in connection
14 with any funding program for which it is entitled to receive
15 funds from the State in that fiscal year (including, without
16 limitation, any funding program referenced in this Section),
17 regardless of the source or timing of the receipt. The
18 district may not classify more funds as funds received in
19 connection with the funding program than the district is
20 entitled to receive in that fiscal year for that program.
21 Any classification by a district must be made by a resolution
22 of its board of education. The resolution must identify the
23 amount of any payments or general State aid to be classified
24 under this paragraph and must specify the funding program to
25 which the funds are to be treated as received in connection
26 therewith. This resolution is controlling as to the
27 classification of funds referenced therein. A certified copy
28 of the resolution must be sent to the State Superintendent of
29 Education. The resolution shall still take effect even though
30 a copy of the resolution has not been sent to the State
31 Superintendent of Education in a timely manner. No
32 classification under this paragraph by a district shall
33 affect the total amount or timing of money the district is
34 entitled to receive under this Code. No classification
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1 under this paragraph by a district shall in any way relieve
2 the district from or affect any requirements that otherwise
3 would apply with respect to that funding program, including
4 any accounting of funds by source, reporting expenditures by
5 original source and purpose, reporting requirements, or
6 requirements of providing services.
7 (Source: P.A. 91-96, eff. 7-9-99.)
8 (105 ILCS 5/34-23.5 new)
9 Sec. 34-23.5. Issuance of notes, bonds, or other
10 obligations in lieu of tax anticipation warrants.
11 (a) In lieu of issuing tax anticipation warrants in
12 accordance with Section 34-23 of this Code, the board may
13 issue notes, bonds, or other obligations (and in connection
14 with that issuance, establish a line of credit with a bank)
15 in an amount not to exceed 85% of the amount of property
16 taxes most recently levied for educational and building
17 purposes. Moneys thus borrowed shall be applied to the
18 purposes for which they were obtained and no other purpose.
19 All moneys so borrowed shall be repaid exclusively from
20 property tax revenues within 60 days after the property tax
21 revenues have been received by the board.
22 (b) Borrowing authorized under subsection (a) of this
23 Section shall bear interest at a rate not to exceed the
24 maximum rate authorized by the Bond Authorization Act, from
25 the date of issuance until paid.
26 (c) Prior to the board borrowing or establishing a line
27 of credit under this Section, the board shall authorize, by
28 resolution, the borrowing or line of credit. The resolution
29 shall set forth facts demonstrating the need for the
30 borrowing or line of credit, state the amount to be borrowed,
31 establish a maximum interest rate limit not to exceed that
32 set forth in subsection (b) of this Section, and provide a
33 date by which the borrowed funds shall be repaid. The
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1 resolution shall direct the relevant officials to make
2 arrangements to set apart and hold the taxes, as received,
3 that will be used to repay the borrowing. In addition, the
4 resolution may authorize the relevant officials to make
5 partial repayments of the borrowing as the taxes become
6 available and may contain any other terms, restrictions, or
7 limitations not inconsistent with the provisions of this
8 Section.".