Illinois 2023-2024 Regular Session

Illinois House Bill HB4918 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4918 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 105 ILCS 5/12-11.5 from Ch. 122, par. 12-11.5105 ILCS 5/29-3 from Ch. 122, par. 29-3105 ILCS 5/29-5 from Ch. 122, par. 29-5 Amends the Transportation Article of the School Code. With respect to the provision of free transportation for pupils, allows a school district to pay the public transit fees of pupils instead (rather than providing an exception for pupils for whom the school board certifies to the State Board of Education that adequate transportation for the public is available). In provisions allowing for free transportation if conditions are such that walking constitutes a serious hazard, removes the provision specifying that such transportation shall not be provided if adequate transportation for the public is available. Makes related changes. Effective July 1, 2025. LRB103 37641 RJT 67768 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4918 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 105 ILCS 5/12-11.5 from Ch. 122, par. 12-11.5105 ILCS 5/29-3 from Ch. 122, par. 29-3105 ILCS 5/29-5 from Ch. 122, par. 29-5 105 ILCS 5/12-11.5 from Ch. 122, par. 12-11.5 105 ILCS 5/29-3 from Ch. 122, par. 29-3 105 ILCS 5/29-5 from Ch. 122, par. 29-5 Amends the Transportation Article of the School Code. With respect to the provision of free transportation for pupils, allows a school district to pay the public transit fees of pupils instead (rather than providing an exception for pupils for whom the school board certifies to the State Board of Education that adequate transportation for the public is available). In provisions allowing for free transportation if conditions are such that walking constitutes a serious hazard, removes the provision specifying that such transportation shall not be provided if adequate transportation for the public is available. Makes related changes. Effective July 1, 2025. LRB103 37641 RJT 67768 b LRB103 37641 RJT 67768 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4918 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/12-11.5 from Ch. 122, par. 12-11.5105 ILCS 5/29-3 from Ch. 122, par. 29-3105 ILCS 5/29-5 from Ch. 122, par. 29-5 105 ILCS 5/12-11.5 from Ch. 122, par. 12-11.5 105 ILCS 5/29-3 from Ch. 122, par. 29-3 105 ILCS 5/29-5 from Ch. 122, par. 29-5
44 105 ILCS 5/12-11.5 from Ch. 122, par. 12-11.5
55 105 ILCS 5/29-3 from Ch. 122, par. 29-3
66 105 ILCS 5/29-5 from Ch. 122, par. 29-5
77 Amends the Transportation Article of the School Code. With respect to the provision of free transportation for pupils, allows a school district to pay the public transit fees of pupils instead (rather than providing an exception for pupils for whom the school board certifies to the State Board of Education that adequate transportation for the public is available). In provisions allowing for free transportation if conditions are such that walking constitutes a serious hazard, removes the provision specifying that such transportation shall not be provided if adequate transportation for the public is available. Makes related changes. Effective July 1, 2025.
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1515 1 AN ACT concerning education.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 5. The School Code is amended by changing Sections
1919 5 12-11.5, 29-3, and 29-5 as follows:
2020 6 (105 ILCS 5/12-11.5) (from Ch. 122, par. 12-11.5)
2121 7 Sec. 12-11.5. Transportation of pupils. If in the
2222 8 discretion of the board of education sufficient moneys of the
2323 9 district are available after payment of the other expenses of
2424 10 the district, including tuition, may provide free
2525 11 transportation for or pay the public transit fees of the
2626 12 pupils of the their district not living within one and
2727 13 one-half miles of a high school which they may lawfully attend
2828 14 to the most convenient high school which such pupils may
2929 15 lawfully attend under the provisions of this Code Act, or
3030 16 reimburse pupils living in a portion of such district which
3131 17 cannot be reached by bus or train for the reasonable cost of
3232 18 their transportation, or for the amount necessarily expended
3333 19 by them for transportation in attending a high school approved
3434 20 by such board.
3535 21 (Source: Laws 1961, p. 31.)
3636 22 (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4918 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
4141 105 ILCS 5/12-11.5 from Ch. 122, par. 12-11.5105 ILCS 5/29-3 from Ch. 122, par. 29-3105 ILCS 5/29-5 from Ch. 122, par. 29-5 105 ILCS 5/12-11.5 from Ch. 122, par. 12-11.5 105 ILCS 5/29-3 from Ch. 122, par. 29-3 105 ILCS 5/29-5 from Ch. 122, par. 29-5
4242 105 ILCS 5/12-11.5 from Ch. 122, par. 12-11.5
4343 105 ILCS 5/29-3 from Ch. 122, par. 29-3
4444 105 ILCS 5/29-5 from Ch. 122, par. 29-5
4545 Amends the Transportation Article of the School Code. With respect to the provision of free transportation for pupils, allows a school district to pay the public transit fees of pupils instead (rather than providing an exception for pupils for whom the school board certifies to the State Board of Education that adequate transportation for the public is available). In provisions allowing for free transportation if conditions are such that walking constitutes a serious hazard, removes the provision specifying that such transportation shall not be provided if adequate transportation for the public is available. Makes related changes. Effective July 1, 2025.
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8181 1 Sec. 29-3. Transportation in school districts. School
8282 2 boards of community consolidated districts, community unit
8383 3 districts, consolidated districts, consolidated high school
8484 4 districts, optional elementary unit districts, combined high
8585 5 school - unit districts, combined school districts if the
8686 6 combined district includes any district which was previously
8787 7 required to provide transportation, and any newly created
8888 8 elementary or high school districts resulting from a high
8989 9 school - unit conversion, a unit to dual conversion, or a
9090 10 multi-unit conversion if the newly created district includes
9191 11 any area that was previously required to provide
9292 12 transportation shall provide free transportation for or pay
9393 13 the public transit fees of pupils residing at a distance of one
9494 14 and one-half miles or more from any school to which they are
9595 15 assigned for attendance maintained within the district, except
9696 16 for those pupils for whom the school board shall certify to the
9797 17 State Board of Education that adequate transportation for the
9898 18 public is available.
9999 19 For the purpose of this Act 1 1/2 miles distance shall be
100100 20 from the exit of the property where the pupil resides to the
101101 21 point where pupils are normally unloaded at the school
102102 22 attended; such distance shall be measured by determining the
103103 23 shortest distance on normally traveled roads or streets.
104104 24 Such school board may comply with the provisions of this
105105 25 Section by providing free transportation for pupils to and
106106 26 from an assigned school and a pick-up point located not more
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117117 1 than one and one-half miles from the home of each pupil
118118 2 assigned to such point.
119119 3 For the purposes of this Act "adequate transportation for
120120 4 the public" shall be assumed to exist for such pupils as can
121121 5 reach school by walking, one way, along normally traveled
122122 6 roads or streets less than 1 1/2 miles irrespective of the
123123 7 distance the pupil is transported by public transportation.
124124 8 In addition to the other requirements of this Section,
125125 9 each school board may provide free transportation for any
126126 10 pupil residing within 1 1/2 miles from the school attended
127127 11 where conditions are such that walking, either to or from the
128128 12 school to which a pupil is assigned for attendance or to or
129129 13 from a pick-up point or bus stop, constitutes a serious hazard
130130 14 to the safety of the pupil due to either (i) vehicular traffic
131131 15 or rail crossings or (ii) a course or pattern of criminal
132132 16 activity, as defined in Section 10 of the Illinois Streetgang
133133 17 Terrorism Omnibus Prevention Act. Such transportation shall
134134 18 not be provided if adequate transportation for the public is
135135 19 available.
136136 20 The determination as to what constitutes a serious safety
137137 21 hazard shall be made by the school board, in accordance with
138138 22 guidelines promulgated by the Illinois Department of
139139 23 Transportation regarding vehicular traffic or rail crossings
140140 24 or in accordance with guidelines regarding a course or pattern
141141 25 of criminal activity, as determined by the local law
142142 26 enforcement agency, in consultation with the State
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153153 1 Superintendent of Education. A school board, on written
154154 2 petition of the parent or guardian of a pupil for whom adequate
155155 3 transportation for the public is alleged not to exist because
156156 4 the pupil is required to walk along normally traveled roads or
157157 5 streets where walking is alleged to constitute a serious
158158 6 safety hazard due to either (i) vehicular traffic or rail
159159 7 crossings or (ii) a course or pattern of criminal activity, or
160160 8 who is required to walk between the pupil's home and assigned
161161 9 school or between the pupil's home or assigned school and a
162162 10 pick-up point or bus stop along roads or streets where walking
163163 11 is alleged to constitute a serious safety hazard due to either
164164 12 (i) vehicular traffic or rail crossings or (ii) a course or
165165 13 pattern of criminal activity, shall conduct a study and make
166166 14 findings, which the Department of Transportation, with respect
167167 15 to vehicular traffic or rail crossings, or the State Board of
168168 16 Education, in consultation with the local law enforcement
169169 17 agency, with respect to a course or pattern of criminal
170170 18 activity, shall review and approve or disapprove as provided
171171 19 in this Section, to determine whether a serious safety hazard
172172 20 exists as alleged in the petition. The Department of
173173 21 Transportation shall review the findings of the school board
174174 22 concerning vehicular traffic or rail crossings and shall
175175 23 approve or disapprove the school board's determination that a
176176 24 serious safety hazard exists within 30 days after the school
177177 25 board submits its findings to the Department of
178178 26 Transportation. The State Board of Education, in consultation
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189189 1 with the local law enforcement agency, shall review the
190190 2 findings of the school board concerning a course or pattern of
191191 3 criminal activity and shall approve or disapprove the school
192192 4 board's determination that a serious safety hazard exists
193193 5 within 30 days after the school board submits its findings to
194194 6 the State Board. The school board shall annually review the
195195 7 conditions and determine whether or not the hazardous
196196 8 conditions remain unchanged. The State Superintendent of
197197 9 Education may request that the Illinois Department of
198198 10 Transportation or the local law enforcement agency verify that
199199 11 the conditions have not changed. No action shall lie against
200200 12 the school board, the State Superintendent of Education, the
201201 13 Illinois Department of Transportation, the State Board of
202202 14 Education, or a local law enforcement agency for decisions
203203 15 made in accordance with this Section. The provisions of the
204204 16 Administrative Review Law and all amendments and modifications
205205 17 thereof and the rules adopted pursuant thereto shall apply to
206206 18 and govern all proceedings instituted for the judicial review
207207 19 of final administrative decisions of the Department of
208208 20 Transportation, the State Board of Education, or a local law
209209 21 enforcement agency under this Section. At all points, except
210210 22 when otherwise mentioned in this Section, the local
211211 23 enforcement agency is authorized to determine what constitutes
212212 24 a course or pattern of criminal activity.
213213 25 The changes made to this Section by this amendatory Act of
214214 26 the 100th General Assembly do not apply to a school district
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225225 1 organized under Article 34 of this Code.
226226 2 (Source: P.A. 100-1142, eff. 11-28-18.)
227227 3 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
228228 4 Sec. 29-5. Reimbursement by State for transportation. Any
229229 5 school district, maintaining a school, transporting resident
230230 6 pupils to another school district's vocational program,
231231 7 offered through a joint agreement approved by the State Board
232232 8 of Education, as provided in Section 10-22.22 or transporting
233233 9 its resident pupils to a school which meets the standards for
234234 10 recognition as established by the State Board of Education
235235 11 which provides transportation meeting the standards of safety,
236236 12 comfort, convenience, efficiency and operation prescribed by
237237 13 the State Board of Education for resident pupils in
238238 14 kindergarten or any of grades 1 through 12 who: (a) reside at
239239 15 least 1 1/2 miles as measured by the customary route of travel,
240240 16 from the school attended; or (b) reside in areas where
241241 17 conditions are such that walking constitutes a hazard to the
242242 18 safety of the child when determined under Section 29-3; and
243243 19 (c) are transported to the school attended from pick-up points
244244 20 at the beginning of the school day and back again at the close
245245 21 of the school day or transported to and from their assigned
246246 22 attendance centers during the school day, shall be reimbursed
247247 23 by the State as hereinafter provided in this Section.
248248 24 The State will pay the prorated allowable cost of
249249 25 transporting eligible pupils less the real equalized assessed
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260260 1 valuation as computed under paragraph (3) of subsection (d) of
261261 2 Section 18-8.15 in a dual school district maintaining
262262 3 secondary grades 9 to 12 inclusive times a qualifying rate of
263263 4 .05%; in elementary school districts maintaining grades K to 8
264264 5 times a qualifying rate of .06%; and in unit districts
265265 6 maintaining grades K to 12, including partial elementary unit
266266 7 districts formed pursuant to Article 11E, times a qualifying
267267 8 rate of .07%. To be eligible to receive reimbursement in
268268 9 excess of 4/5 of the cost to transport eligible pupils, a
269269 10 school district or partial elementary unit district formed
270270 11 pursuant to Article 11E shall have a Transportation Fund tax
271271 12 rate of at least .12%. The Transportation Fund tax rate for a
272272 13 partial elementary unit district formed pursuant Article 11E
273273 14 shall be the combined elementary and high school rates
274274 15 pursuant to paragraph (4) of subsection (a) of Section
275275 16 18-8.15. If a school district or partial elementary unit
276276 17 district formed pursuant to Article 11E does not have a .12%
277277 18 Transportation Fund tax rate, the amount of its claim in
278278 19 excess of 4/5 of the cost of transporting pupils shall be
279279 20 reduced by the sum arrived at by subtracting the
280280 21 Transportation Fund tax rate from .12% and multiplying that
281281 22 amount by the district's real equalized assessed valuation as
282282 23 computed under paragraph (3) of subsection (d) of Section
283283 24 18-8.15, provided that in no case shall said reduction result
284284 25 in reimbursement of less than 4/5 of the cost to transport
285285 26 eligible pupils.
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296296 1 The minimum amount to be received by a district is $16
297297 2 times the number of eligible pupils transported.
298298 3 When calculating the reimbursement for transportation
299299 4 costs, the State Board of Education may not deduct the number
300300 5 of pupils enrolled in early education programs from the number
301301 6 of pupils eligible for reimbursement if the pupils enrolled in
302302 7 the early education programs are transported at the same time
303303 8 as other eligible pupils.
304304 9 Any such district transporting resident pupils during the
305305 10 school day to an area vocational school or another school
306306 11 district's vocational program more than 1 1/2 miles from the
307307 12 school attended, as provided in Sections 10-22.20a and
308308 13 10-22.22, shall be reimbursed by the State for 4/5 of the cost
309309 14 of transporting eligible pupils.
310310 15 School day means that period of time during which the
311311 16 pupil is required to be in attendance for instructional
312312 17 purposes.
313313 18 If a pupil is at a location within the school district
314314 19 other than his residence for child care purposes at the time
315315 20 for transportation to school, that location may be considered
316316 21 for purposes of determining the 1 1/2 miles from the school
317317 22 attended.
318318 23 Claims for reimbursement that include children who attend
319319 24 any school other than a public school shall show the number of
320320 25 such children transported.
321321 26 Claims for reimbursement under this Section shall not be
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332332 1 paid for the transportation of pupils for whom transportation
333333 2 costs are claimed for payment under other Sections of this
334334 3 Act.
335335 4 The allowable direct cost of transporting pupils for
336336 5 regular, vocational, and special education pupil
337337 6 transportation shall be limited to the sum of the cost of
338338 7 physical examinations required for employment as a school bus
339339 8 driver; the salaries of full-time or part-time drivers and
340340 9 school bus maintenance personnel; employee benefits excluding
341341 10 Illinois municipal retirement payments, social security
342342 11 payments, unemployment insurance payments and workers'
343343 12 compensation insurance premiums; expenditures to independent
344344 13 carriers who operate school buses; payments to other school
345345 14 districts for pupil transportation services; pre-approved
346346 15 contractual expenditures for computerized bus scheduling;
347347 16 expenditures for housing assistance and homeless prevention
348348 17 under Sections 1-17 and 1-18 of the Education for Homeless
349349 18 Children Act that are not in excess of the school district's
350350 19 actual costs for providing transportation services and are not
351351 20 otherwise claimed in another State or federal grant that
352352 21 permits those costs to a parent, a legal guardian, any other
353353 22 person who enrolled a pupil, or a homeless assistance agency
354354 23 that is part of the federal McKinney-Vento Homeless Assistance
355355 24 Act's continuum of care for the area in which the district is
356356 25 located; the cost of gasoline, oil, tires, and other supplies
357357 26 necessary for the operation of school buses; the cost of
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368368 1 converting buses' gasoline engines to more fuel efficient
369369 2 engines or to engines which use alternative energy sources;
370370 3 the cost of travel to meetings and workshops conducted by the
371371 4 regional superintendent or the State Superintendent of
372372 5 Education pursuant to the standards established by the
373373 6 Secretary of State under Section 6-106 of the Illinois Vehicle
374374 7 Code to improve the driving skills of school bus drivers; the
375375 8 cost of maintenance of school buses including parts and
376376 9 materials used; expenditures for leasing transportation
377377 10 vehicles, except interest and service charges; the cost of
378378 11 insurance and licenses for transportation vehicles;
379379 12 expenditures for the rental of transportation equipment; plus
380380 13 a depreciation allowance of 20% for 5 years for school buses
381381 14 and vehicles approved for transporting pupils to and from
382382 15 school and a depreciation allowance of 10% for 10 years for
383383 16 other transportation equipment so used. Each school year, if a
384384 17 school district has made expenditures to the Regional
385385 18 Transportation Authority or any of its service boards, a mass
386386 19 transit district, or an urban transportation district under an
387387 20 intergovernmental agreement with the district to provide for
388388 21 the transportation of pupils and if the public transit carrier
389389 22 received direct payment for services or passes from a school
390390 23 district within its service area during the 2000-2001 school
391391 24 year, then the allowable direct cost of transporting pupils
392392 25 for regular, vocational, and special education pupil
393393 26 transportation shall also include the expenditures that the
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404404 1 district has made to the public transit carrier. Each school
405405 2 year, if a school district has made expenditures to pay the
406406 3 public transit fees of pupils under Section 29-3, then the
407407 4 allowable direct cost of transporting pupils shall also
408408 5 include the expenditures that the district has made to pay
409409 6 those public transit fees. In addition to the above allowable
410410 7 costs, school districts shall also claim all transportation
411411 8 supervisory salary costs, including Illinois municipal
412412 9 retirement payments, and all transportation related building
413413 10 and building maintenance costs without limitation.
414414 11 Special education allowable costs shall also include
415415 12 expenditures for the salaries of attendants or aides for that
416416 13 portion of the time they assist special education pupils while
417417 14 in transit and expenditures for parents and public carriers
418418 15 for transporting special education pupils when pre-approved by
419419 16 the State Superintendent of Education.
420420 17 Indirect costs shall be included in the reimbursement
421421 18 claim for districts which own and operate their own school
422422 19 buses. Such indirect costs shall include administrative costs,
423423 20 or any costs attributable to transporting pupils from their
424424 21 attendance centers to another school building for
425425 22 instructional purposes. No school district which owns and
426426 23 operates its own school buses may claim reimbursement for
427427 24 indirect costs which exceed 5% of the total allowable direct
428428 25 costs for pupil transportation.
429429 26 The State Board of Education shall prescribe uniform
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440440 1 regulations for determining the above standards and shall
441441 2 prescribe forms of cost accounting and standards of
442442 3 determining reasonable depreciation. Such depreciation shall
443443 4 include the cost of equipping school buses with the safety
444444 5 features required by law or by the rules, regulations and
445445 6 standards promulgated by the State Board of Education, and the
446446 7 Department of Transportation for the safety and construction
447447 8 of school buses provided, however, any equipment cost
448448 9 reimbursed by the Department of Transportation for equipping
449449 10 school buses with such safety equipment shall be deducted from
450450 11 the allowable cost in the computation of reimbursement under
451451 12 this Section in the same percentage as the cost of the
452452 13 equipment is depreciated.
453453 14 On or before August 15, annually, the chief school
454454 15 administrator for the district shall certify to the State
455455 16 Superintendent of Education the district's claim for
456456 17 reimbursement for the school year ending on June 30 next
457457 18 preceding. The State Superintendent of Education shall check
458458 19 and approve the claims and prepare the vouchers showing the
459459 20 amounts due for district reimbursement claims. Each fiscal
460460 21 year, the State Superintendent of Education shall prepare and
461461 22 transmit the first 3 vouchers to the Comptroller on the 30th
462462 23 day of September, December and March, respectively, and the
463463 24 final voucher, no later than June 20.
464464 25 If the amount appropriated for transportation
465465 26 reimbursement is insufficient to fund total claims for any
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476476 1 fiscal year, the State Board of Education shall reduce each
477477 2 school district's allowable costs and flat grant amount
478478 3 proportionately to make total adjusted claims equal the total
479479 4 amount appropriated.
480480 5 For purposes of calculating claims for reimbursement under
481481 6 this Section for any school year beginning July 1, 2016, the
482482 7 equalized assessed valuation for a school district or partial
483483 8 elementary unit district formed pursuant to Article 11E used
484484 9 to compute reimbursement shall be the real equalized assessed
485485 10 valuation as computed under paragraph (3) of subsection (d) of
486486 11 Section 18-8.15.
487487 12 All reimbursements received from the State shall be
488488 13 deposited into the district's transportation fund or into the
489489 14 fund from which the allowable expenditures were made.
490490 15 Notwithstanding any other provision of law, any school
491491 16 district receiving a payment under this Section or under
492492 17 Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
493493 18 classify all or a portion of the funds that it receives in a
494494 19 particular fiscal year or from State aid pursuant to Section
495495 20 18-8.15 of this Code as funds received in connection with any
496496 21 funding program for which it is entitled to receive funds from
497497 22 the State in that fiscal year (including, without limitation,
498498 23 any funding program referenced in this Section), regardless of
499499 24 the source or timing of the receipt. The district may not
500500 25 classify more funds as funds received in connection with the
501501 26 funding program than the district is entitled to receive in
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512512 1 that fiscal year for that program. Any classification by a
513513 2 district must be made by a resolution of its board of
514514 3 education. The resolution must identify the amount of any
515515 4 payments or general State aid to be classified under this
516516 5 paragraph and must specify the funding program to which the
517517 6 funds are to be treated as received in connection therewith.
518518 7 This resolution is controlling as to the classification of
519519 8 funds referenced therein. A certified copy of the resolution
520520 9 must be sent to the State Superintendent of Education. The
521521 10 resolution shall still take effect even though a copy of the
522522 11 resolution has not been sent to the State Superintendent of
523523 12 Education in a timely manner. No classification under this
524524 13 paragraph by a district shall affect the total amount or
525525 14 timing of money the district is entitled to receive under this
526526 15 Code. No classification under this paragraph by a district
527527 16 shall in any way relieve the district from or affect any
528528 17 requirements that otherwise would apply with respect to that
529529 18 funding program, including any accounting of funds by source,
530530 19 reporting expenditures by original source and purpose,
531531 20 reporting requirements, or requirements of providing services.
532532 21 Any school district with a population of not more than
533533 22 500,000 must deposit all funds received under this Article
534534 23 into the transportation fund and use those funds for the
535535 24 provision of transportation services.
536536 25 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
537537 26 Section 99. Effective date. This Act takes effect July 1,
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