105 ILCS 5/29-5
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 29 - Transportation

 (from Ch. 122, par. 29-5)Sec. 29-5. Reimbursement by State for transportation.   Any school  district, maintaining a school, transporting resident pupils to another  school district's vocational program, offered through a joint agreement  approved by the State Board of Education, as provided in Section  10-22.22 or transporting its resident pupils to a school which meets the  standards for recognition as established by the State Board of Education  which provides transportation meeting the standards of safety, comfort,  convenience, efficiency and operation prescribed by the State Board of  Education for resident pupils in kindergarten or any of grades 1 through  12 who: (a) reside at least 1 1/2 miles as measured by the customary route of  travel, from the school attended; or (b) reside in areas where conditions are  such that walking constitutes a hazard to the safety of the child when  determined under Section 29-3; and (c) are transported to the school attended  from pick-up points at the beginning of the school day and back again at the  close of the school day or transported to and from their assigned attendance  centers during the school day, shall be reimbursed by the State as hereinafter  provided in this Section.The State will pay the prorated allowable cost of transporting eligible pupils less the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15 in a dual school district maintaining secondary  grades 9 to 12 inclusive times a qualifying rate of .05%; in elementary  school districts maintaining grades K to 8 times a qualifying rate of  .06%; and in unit districts maintaining grades K to 12, including partial elementary unit districts formed pursuant to Article 11E, times a qualifying  rate of .07%. To be eligible to receive reimbursement in excess of 4/5  of the cost to transport eligible pupils, a school district or partial elementary unit district formed pursuant to Article 11E shall have a  Transportation Fund tax rate of at least .12%. The Transportation Fund tax rate for a partial elementary unit district formed pursuant Article 11E shall be the combined elementary and high school rates pursuant to paragraph (4) of subsection (a) of Section 18-8.15.  If a school district or partial elementary unit district formed pursuant to Article 11E  does not have a .12% Transportation Fund tax rate, the amount of its  claim in excess of 4/5 of the cost of transporting pupils shall be  reduced by the sum arrived at by subtracting the Transportation Fund tax  rate from .12% and multiplying that amount by the district's real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15, provided that in no case shall said reduction  result in reimbursement of less than 4/5 of the cost to transport  eligible pupils.The minimum amount to be received by a district is $16 times the  number of eligible pupils transported.When calculating the reimbursement for transportation costs, the State Board of Education may not deduct the number of pupils enrolled in early education programs from the number of pupils eligible for reimbursement if the pupils enrolled in the early education programs are transported at the same time as other eligible pupils.Any such district transporting resident pupils during the school day  to an area vocational school or another school district's vocational  program more than 1 1/2 miles from the school attended, as provided in  Sections 10-22.20a and 10-22.22, shall be reimbursed by the State for 4/5  of the cost of transporting eligible pupils.School day means that period of time during which the pupil is required to be  in attendance for instructional purposes.If a pupil is at a location within the school district other than his  residence for child care purposes at the time for transportation to school,  that location may be considered for purposes of determining the 1 1/2 miles  from the school attended.Claims for reimbursement that include children who attend any school  other than a public school shall show the number of such children  transported.Claims for reimbursement under this Section shall not be paid for the  transportation of pupils for whom transportation costs are claimed for  payment under other Sections of this Act.The allowable direct cost of transporting pupils for regular, vocational,  and special education pupil transportation shall be limited to the sum of  the cost of physical examinations required for employment as a school bus  driver; the salaries of full-time or part-time drivers and school bus maintenance  personnel; employee benefits excluding Illinois municipal retirement  payments, social security payments, unemployment insurance payments and  workers' compensation insurance premiums; expenditures to independent  carriers who operate school buses; payments to other school districts for  pupil transportation services; pre-approved contractual expenditures for  computerized bus scheduling; expenditures for housing assistance and homeless prevention under Sections 1-17 and 1-18 of the Education for Homeless Children Act that are not in excess of the school district's actual costs for providing transportation services and are not otherwise claimed in another State or federal grant that permits those costs to a parent, a legal guardian, any other person who enrolled a pupil, or a homeless assistance agency that is part of the federal McKinney-Vento Homeless Assistance Act's continuum of care for the area in which the district is located; the cost of gasoline, oil, tires, and other  supplies necessary for the operation of school buses; the cost of  converting buses' gasoline engines to more fuel efficient engines or to  engines which use alternative energy sources; the cost of travel to  meetings and workshops conducted by the regional superintendent or the  State Superintendent of Education pursuant to the standards established by  the Secretary of State under Section 6-106 of the Illinois Vehicle Code to improve the driving skills of  school bus drivers; the cost of maintenance of school buses including parts  and materials used; expenditures for leasing transportation vehicles,  except interest and service charges; the cost of insurance and licenses for  transportation vehicles; expenditures for the rental of transportation  equipment; plus a depreciation allowance of 20% for 5 years for school  buses and vehicles approved for transporting pupils to and from school and  a depreciation allowance of 10% for 10 years for other transportation  equipment so used.  Each school year, if a school district has made expenditures to the  Regional Transportation Authority or any of its service boards, a mass  transit district, or an urban transportation district under an  intergovernmental agreement with the district to provide for the  transportation of pupils and if the public transit carrier received direct  payment for services or passes from a school district within its service  area during the 2000-2001 school year, then the allowable direct cost of  transporting pupils for regular, vocational, and special education pupil  transportation shall also include the expenditures that the district has  made to the public transit carrier.  In addition to the above allowable costs school  districts shall also claim all transportation supervisory salary costs,  including Illinois municipal retirement payments, and all transportation  related building and building maintenance costs without limitation.Special education allowable costs shall also include expenditures for the  salaries of attendants or aides for that portion of the time they assist  special education pupils while in transit and expenditures for parents and  public carriers for transporting special education pupils when pre-approved  by the State Superintendent of Education.Indirect costs shall be included in the reimbursement claim for districts  which own and operate their own school buses.  Such indirect costs shall  include administrative costs, or any costs attributable to transporting  pupils from their attendance centers to another school building for  instructional purposes.  No school district which owns and operates its own  school buses may claim reimbursement for indirect costs which exceed 5% of  the total allowable direct costs for pupil transportation.The State Board of Education shall prescribe uniform regulations for  determining the above standards and shall prescribe forms of cost  accounting and standards of determining reasonable depreciation. Such  depreciation shall include the cost of equipping school buses with the  safety features required by law or by the rules, regulations and standards  promulgated by the State Board of Education, and the Department of  Transportation for the safety and construction of school buses provided,  however, any equipment cost reimbursed by the Department of Transportation  for equipping school buses with such safety equipment shall be deducted  from the allowable cost in the computation of reimbursement under this  Section in the same percentage as the cost of the equipment is depreciated.On or before August 15, annually, the chief school administrator for  the district shall certify to the State Superintendent of Education the  district's claim for reimbursement for the school year ending on June 30  next preceding.  The State Superintendent of Education shall check and  approve the claims and prepare the vouchers showing the amounts due for  district reimbursement claims. Each fiscal year, the State  Superintendent of Education shall prepare and transmit the first 3  vouchers to the Comptroller on the 30th day  of September, December and  March, respectively, and the final voucher, no later than June 20.If the amount appropriated for transportation reimbursement is insufficient  to fund total claims for any fiscal year, the State Board of Education shall  reduce each school district's allowable costs and flat grant amount  proportionately to make total adjusted claims equal the total amount  appropriated.For purposes of calculating claims for reimbursement under this Section for any school year beginning July 1, 2016, the equalized assessed valuation for a school district or partial elementary unit district formed pursuant to Article 11E used to compute reimbursement shall be the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15.All reimbursements received from the State shall be deposited into the  district's transportation fund or into the fund from which the allowable  expenditures were made.Notwithstanding any other provision of law, any school district receiving  a payment under this Section or under Section 14-7.02, 14-7.02b, or  14-13.01 of this Code may classify all or a portion of the funds that it  receives in a particular fiscal year or from State aid pursuant to  Section 18-8.15 of this Code  as funds received in connection with any funding program for which it is  entitled to receive funds from the State in that fiscal year (including,  without limitation, any funding program referenced in this Section),  regardless of the source or timing of the receipt.  The district may not  classify more funds as funds received in connection with the funding  program than the district is entitled to receive in that fiscal year for that  program.  Any  classification by a district must be made by a resolution of its board of  education.  The resolution must identify the amount of any payments or  general State aid to be classified under this paragraph and must specify  the funding program to which the funds are to be treated as received in  connection therewith.  This resolution is controlling as to the  classification of funds referenced therein.  A certified copy of the  resolution must be sent to the State Superintendent of Education.  The resolution shall still take effect even though a copy of the resolution has  not been sent to the State  Superintendent of Education in a timely manner.   No  classification under this paragraph by a district shall affect the total amount  or timing of money the district is entitled to receive under this Code.    No classification under this paragraph by a district shall  in any way relieve the district from or affect any  requirements that otherwise would apply with respect to  that funding program, including any  accounting of funds by source, reporting expenditures by  original source and purpose,  reporting requirements,  or requirements of providing services.Any school district with a population of not more than 500,000  must deposit all funds received under this Article into the transportation  fund and use those funds for the provision of transportation services.    (Source: P.A. 102-539, eff. 8-20-21.)