SCH CD-TRANSPORT-TRANSIT FEES

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5432

Introduced 2/13/2026, by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

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).
Provides that the school board of a school district in cities of over
500,000 inhabitants shall pay the public transit fees of pupils in grades 9
through 12 residing at a distance of one and one-half miles or more from
any school to which they are assigned for attendance maintained within the
school district. 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.
LRB104 20605 LNS 34096 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

A BILL FOR

HB5432
LRB104 20605 LNS 34096 b
1

AN ACT concerning transportation.

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 Sections
5
12-11.5, 29-3, and 29-5 as follows:

6

(105 ILCS 5/12-11.5)

(from Ch. 122, par. 12-11.5)
7

Sec. 12-11.5.
Transportation of pupils.
If in the
8
discretion of the board of education sufficient moneys of the
9
district are available after payment of the other expenses of
10
the district, including tuition, may provide free
11
transportation for
or pay the public transit fees of
the
12
pupils of
the

their
district not living within one and
13
one-half miles of a high school which they may lawfully attend
14
to the most convenient high school which such pupils may
15
lawfully attend under the provisions of this
Code

Act
, or
16
reimburse pupils living in a portion of such district which
17
cannot be reached by bus or train for the reasonable cost of
18
their transportation, or for the amount necessarily expended
19
by them for transportation in attending a high school approved
20
by such board.
21
(Source: Laws 1961, p. 31.)

22

(105 ILCS 5/29-3)

(from Ch. 122, par. 29-3)

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LRB104 20605 LNS 34096 b
1

Sec. 29-3.
Transportation in school districts.
School
2
boards of community consolidated districts, community unit
3
districts, consolidated districts, consolidated high school
4
districts, optional elementary unit districts, combined high
5
school - unit districts, combined school districts if the
6
combined district includes any district which was previously
7
required to provide transportation, and any newly created
8
elementary or high school districts resulting from a high
9
school - unit conversion, a unit to dual conversion, or a
10
multi-unit conversion if the newly created district includes
11
any area that was previously required to provide
12
transportation shall provide free transportation for
or pay
13
the public transit fees of
pupils residing at a distance of one
14
and one-half miles or more from any school to which they are
15
assigned for attendance maintained within the district
, except
16
for those pupils for whom the school board shall certify to the
17
State Board of Education that adequate transportation for the
18
public is available
.
19

The school board of a school district organized under
20
Article 34 shall pay the public transit fees of pupils in
21
grades 9 through 12 residing at a distance of one and one-half
22
miles or more from any school to which they are assigned for
23
attendance maintained within the school district.

24

For the purpose of this Act 1 1/2 miles distance shall be
25
from the exit of the property where the pupil resides to the
26
point where pupils are normally unloaded at the school

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LRB104 20605 LNS 34096 b
1
attended; such distance shall be measured by determining the
2
shortest distance on normally traveled roads or streets.
3

Such school board may comply with the provisions of this
4
Section by providing free transportation for pupils to and
5
from an assigned school and a pick-up point located not more
6
than one and one-half miles from the home of each pupil
7
assigned to such point.
8

For the purposes of this Act "adequate transportation for
9
the public" shall be assumed to exist for such pupils as can
10
reach school by walking, one way, along normally traveled
11
roads or streets less than 1 1/2 miles irrespective of the
12
distance the pupil is transported by public transportation.
13

In addition to the other requirements of this Section,
14
each school board may provide free transportation for any
15
pupil residing within 1 1/2 miles from the school attended
16
where conditions are such that walking, either to or from the
17
school to which a pupil is assigned for attendance or to or
18
from a pick-up point or bus stop, constitutes a serious hazard
19
to the safety of the pupil due to either (i) vehicular traffic
20
or rail crossings or (ii) a course or pattern of criminal
21
activity, as defined in Section 10 of the Illinois Streetgang
22
Terrorism Omnibus Prevention Act.
Such transportation shall
23
not be provided if adequate transportation for the public is
24
available.
25

The determination as to what constitutes a serious safety
26
hazard shall be made by the school board, in accordance with

HB5432
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LRB104 20605 LNS 34096 b
1
guidelines promulgated by the Illinois Department of
2
Transportation regarding vehicular traffic or rail crossings
3
or in accordance with guidelines regarding a course or pattern
4
of criminal activity, as determined by the local law
5
enforcement agency, in consultation with the State
6
Superintendent of Education. A school board, on written
7
petition of the parent or guardian of a pupil for whom adequate
8
transportation for the public is alleged not to exist because
9
the pupil is required to walk along normally traveled roads or
10
streets where walking is alleged to constitute a serious
11
safety hazard due to either (i) vehicular traffic or rail
12
crossings or (ii) a course or pattern of criminal activity, or
13
who is required to walk between the pupil's home and assigned
14
school or between the pupil's home or assigned school and a
15
pick-up point or bus stop along roads or streets where walking
16
is alleged to constitute a serious safety hazard due to either
17
(i) vehicular traffic or rail crossings or (ii) a course or
18
pattern of criminal activity, shall conduct a study and make
19
findings, which the Department of Transportation, with respect
20
to vehicular traffic or rail crossings, or the State Board of
21
Education, in consultation with the local law enforcement
22
agency, with respect to a course or pattern of criminal
23
activity, shall review and approve or disapprove as provided
24
in this Section, to determine whether a serious safety hazard
25
exists as alleged in the petition. The Department of
26
Transportation shall review the findings of the school board

HB5432
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LRB104 20605 LNS 34096 b
1
concerning vehicular traffic or rail crossings and shall
2
approve or disapprove the school board's determination that a
3
serious safety hazard exists within 30 days after the school
4
board submits its findings to the Department of
5
Transportation. The State Board of Education, in consultation
6
with the local law enforcement agency, shall review the
7
findings of the school board concerning a course or pattern of
8
criminal activity and shall approve or disapprove the school
9
board's determination that a serious safety hazard exists
10
within 30 days after the school board submits its findings to
11
the State Board. The school board shall annually review the
12
conditions and determine whether or not the hazardous
13
conditions remain unchanged. The State Superintendent of
14
Education may request that the Illinois Department of
15
Transportation or the local law enforcement agency verify that
16
the conditions have not changed. No action shall lie against
17
the school board, the State Superintendent of Education, the
18
Illinois Department of Transportation, the State Board of
19
Education, or a local law enforcement agency for decisions
20
made in accordance with this Section. The provisions of the
21
Administrative Review Law and all amendments and modifications
22
thereof and the rules adopted pursuant thereto shall apply to
23
and govern all proceedings instituted for the judicial review
24
of final administrative decisions of the Department of
25
Transportation, the State Board of Education, or a local law
26
enforcement agency under this Section. At all points, except

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LRB104 20605 LNS 34096 b
1
when otherwise mentioned in this Section, the local
2
enforcement agency is authorized to determine what constitutes
3
a course or pattern of criminal activity.
4

The changes made to this Section by this amendatory Act of
5
the 100th General Assembly do not apply to a school district
6
organized under Article 34 of this Code.
7
(Source: P.A. 100-1142, eff. 11-28-18.)

8

(105 ILCS 5/29-5)

(from Ch. 122, par. 29-5)
9

(Text of Section before amendment by P.A. 104-457
)
10

Sec. 29-5.
Reimbursement by State for transportation.
Any
11
school district or State-authorized charter school,
12
maintaining a school, transporting resident pupils to another
13
school district's vocational program, offered through a joint
14
agreement approved by the State Board of Education, as
15
provided in Section 10-22.22 or transporting its resident
16
pupils to a school which meets the standards for recognition
17
as established by the State Board of Education which provides
18
transportation meeting the standards of safety, comfort,
19
convenience, efficiency and operation prescribed by the State
20
Board of Education for resident pupils in kindergarten or any
21
of grades 1 through 12 who: (a) reside at least 1 1/2 miles as
22
measured by the customary route of travel, from the school
23
attended; or (b) reside in areas where conditions are such
24
that walking constitutes a hazard to the safety of the child
25
when determined under Section 29-3; and (c) are transported to

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LRB104 20605 LNS 34096 b
1
the school attended from pick-up points at the beginning of
2
the school day and back again at the close of the school day or
3
transported to and from their assigned attendance centers
4
during the school day shall be reimbursed by the State as
5
hereinafter provided in this Section.
6

The State will pay the prorated allowable cost of
7
transporting eligible pupils less the real equalized assessed
8
valuation as computed under paragraph (3) of subsection (d) of
9
Section 18-8.15 in a dual school district maintaining
10
secondary grades 9 to 12 inclusive times a qualifying rate of
11
.05%; in elementary school districts maintaining grades K to 8
12
times a qualifying rate of .06%; and in unit districts
13
maintaining grades K to 12, including partial elementary unit
14
districts formed pursuant to Article 11E, times a qualifying
15
rate of .07%. For a State-authorized charter school, the State
16
shall pay the prorated allowable cost of transporting eligible
17
pupils less a real equalized assessed valuation calculated
18
pursuant to this Section times a qualifying rate. For purposes
19
of calculating the real equalized assessed valuation for a
20
State-authorized charter school whose resident district is not
21
a school district organized under Article 34 of this Code, the
22
State Board of Education shall calculate the average of the
23
number of students in grades kindergarten through 12 reported
24
as enrolled in the charter school in the State Board's Student
25
Information System on October 1 and March 1 of the immediately
26
preceding school year. That value shall be divided by the

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LRB104 20605 LNS 34096 b
1
average of the number of students in grades kindergarten
2
through 12 reported as enrolled in the charter school's
3
resident district on October 1 and March 1 of the immediately
4
preceding school year. That proportion shall be multiplied by
5
the real equalized assessed valuation as computed under
6
paragraph (3) of subsection (d) of Section 18-8.15 for each
7
State-authorized charter school's applicable resident
8
district. A State-authorized charter school whose resident
9
district is organized under Article 34 of this Code shall have
10
a real equalized assessed valuation equal to the real
11
equalized assessed valuation of its resident district as
12
computed under paragraph (3) of subsection (d) of Section
13
18-8.15. A State-authorized charter school's qualifying rate
14
shall be the same as the rate that applies to the charter
15
school's resident district.
16

To be eligible to receive reimbursement in excess of 4/5
17
of the cost to transport eligible pupils, a school district or
18
partial elementary unit district formed pursuant to Article
19
11E shall have a Transportation Fund tax rate of at least .12%.
20
The Transportation Fund tax rate for a partial elementary unit
21
district formed pursuant Article 11E shall be the combined
22
elementary and high school rates pursuant to paragraph (4) of
23
subsection (a) of Section 18-8.15.
24

If a school district or partial elementary unit district
25
formed pursuant to Article 11E does not have a .12%
26
Transportation Fund tax rate, the amount of its claim in

HB5432
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LRB104 20605 LNS 34096 b
1
excess of 4/5 of the cost of transporting pupils shall be
2
reduced by the sum arrived at by subtracting the
3
Transportation Fund tax rate from .12% and multiplying that
4
amount by the district's real equalized assessed valuation as
5
computed under paragraph (3) of subsection (d) of Section
6
18-8.15, provided that in no case shall said reduction result
7
in reimbursement of less than 4/5 of the cost to transport
8
eligible pupils. No such adjustment may be applied to a claim
9
filed by a State-authorized charter school.
10

Subject to the calculation of equalized assessed
11
valuation, an adjustment for an insufficient tax rate, and the
12
use of a qualifying rate as provided in this Section, a
13
State-authorized charter school may make a claim for
14
reimbursement by the State that is calculated in the same
15
manner as a school district.
16

The minimum amount to be received by a district is $16
17
times the number of eligible pupils transported.
18

When calculating the reimbursement for transportation
19
costs, the State Board of Education may not deduct the number
20
of pupils enrolled in early education programs from the number
21
of pupils eligible for reimbursement if the pupils enrolled in
22
the early education programs are transported at the same time
23
as other eligible pupils.
24

Any such district transporting resident pupils during the
25
school day to an area vocational school or another school
26
district's vocational program more than 1 1/2 miles from the

HB5432
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LRB104 20605 LNS 34096 b
1
school attended, as provided in Sections 10-22.20a and
2
10-22.22, shall be reimbursed by the State for 4/5 of the cost
3
of transporting eligible pupils.
4

School day means that period of time during which the
5
pupil is required to be in attendance for instructional
6
purposes.
7

If a pupil is at a location within the school district
8
other than his residence for child care purposes at the time
9
for transportation to school, that location may be considered
10
for purposes of determining the 1 1/2 miles from the school
11
attended.
12

Claims for reimbursement that include children who attend
13
any school other than a public school shall show the number of
14
such children transported.
15

Claims for reimbursement under this Section shall not be
16
paid for the transportation of pupils for whom transportation
17
costs are claimed for payment under other Sections of this
18
Act.
19

The allowable direct cost of transporting pupils for
20
regular, vocational, and special education pupil
21
transportation shall be limited to the sum of the cost of
22
physical examinations required for employment as a school bus
23
driver; the salaries of full-time or part-time drivers and
24
school bus maintenance personnel; employee benefits excluding
25
Illinois municipal retirement payments, social security
26
payments, unemployment insurance payments and workers'

HB5432
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LRB104 20605 LNS 34096 b
1
compensation insurance premiums; expenditures to independent
2
carriers who operate school buses; payments to other school
3
districts for pupil transportation services; pre-approved
4
contractual expenditures for computerized bus scheduling;
5
expenditures for housing assistance and homeless prevention
6
under Sections 1-17 and 1-18 of the Education for Homeless
7
Children Act that are not in excess of the school district's
8
actual costs for providing transportation services and are not
9
otherwise claimed in another State or federal grant that
10
permits those costs to a parent, a legal guardian, any other
11
person who enrolled a pupil, or a homeless assistance agency
12
that is part of the federal McKinney-Vento Homeless Assistance
13
Act's continuum of care for the area in which the district is
14
located; the cost of gasoline, oil, tires, and other supplies
15
necessary for the operation of school buses; the cost of
16
converting buses' gasoline engines to more fuel efficient
17
engines or to engines which use alternative energy sources;
18
the cost of travel to meetings and workshops conducted by the
19
regional superintendent or the State Superintendent of
20
Education pursuant to the standards established by the
21
Secretary of State under Section 6-106 of the Illinois Vehicle
22
Code to improve the driving skills of school bus drivers; the
23
cost of maintenance of school buses including parts and
24
materials used; expenditures for leasing transportation
25
vehicles, except interest and service charges; the cost of
26
insurance and licenses for transportation vehicles;

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LRB104 20605 LNS 34096 b
1
expenditures for the rental of transportation equipment; plus
2
a depreciation allowance of 20% for 5 years for school buses
3
and vehicles approved for transporting pupils to and from
4
school and a depreciation allowance of 10% for 10 years for
5
other transportation equipment so used. Each school year, if a
6
school district has made expenditures to the Regional
7
Transportation Authority or any of its service boards, a mass
8
transit district, or an urban transportation district under an
9
intergovernmental agreement with the district to provide for
10
the transportation of pupils and if the public transit carrier
11
received direct payment for services or passes from a school
12
district within its service area during the 2000-2001 school
13
year, then the allowable direct cost of transporting pupils
14
for regular, vocational, and special education pupil
15
transportation shall also include the expenditures that the
16
district has made to the public transit carrier. In addition
17
to the above allowable costs, school districts shall also
18
claim all transportation supervisory salary costs, including
19
Illinois municipal retirement payments, and all transportation
20
related building and building maintenance costs without
21
limitation.
22

Special education allowable costs shall also include
23
expenditures for the salaries of attendants or aides for that
24
portion of the time they assist special education pupils while
25
in transit and expenditures for parents and public carriers
26
for transporting special education pupils when pre-approved by

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LRB104 20605 LNS 34096 b
1
the State Superintendent of Education.
2

Indirect costs shall be included in the reimbursement
3
claim for districts which own and operate their own school
4
buses. Such indirect costs shall include administrative costs,
5
or any costs attributable to transporting pupils from their
6
attendance centers to another school building for
7
instructional purposes. No school district which owns and
8
operates its own school buses may claim reimbursement for
9
indirect costs which exceed 5% of the total allowable direct
10
costs for pupil transportation.
11

The State Board of Education shall prescribe uniform
12
regulations for determining the above standards and shall
13
prescribe forms of cost accounting and standards of
14
determining reasonable depreciation. Such depreciation shall
15
include the cost of equipping school buses with the safety
16
features required by law or by the rules, regulations and
17
standards promulgated by the State Board of Education, and the
18
Department of Transportation for the safety and construction
19
of school buses provided, however, any equipment cost
20
reimbursed by the Department of Transportation for equipping
21
school buses with such safety equipment shall be deducted from
22
the allowable cost in the computation of reimbursement under
23
this Section in the same percentage as the cost of the
24
equipment is depreciated.
25

On or before August 15, annually, the chief school
26
administrator for the district shall certify to the State

HB5432
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LRB104 20605 LNS 34096 b
1
Superintendent of Education the district's claim for
2
reimbursement for the school year ending on June 30 next
3
preceding. The State Superintendent of Education shall check
4
and approve the claims and prepare the vouchers showing the
5
amounts due for district reimbursement claims. Each fiscal
6
year, the State Superintendent of Education shall prepare and
7
transmit the first 3 vouchers to the Comptroller on the 30th
8
day of September, December and March, respectively, and the
9
final voucher, no later than June 20.
10

If the amount appropriated for transportation
11
reimbursement is insufficient to fund total claims for any
12
fiscal year, the State Board of Education shall reduce each
13
school district's allowable costs and flat grant amount
14
proportionately to make total adjusted claims equal the total
15
amount appropriated.
16

For purposes of calculating claims for reimbursement under
17
this Section for any school year beginning July 1, 2016, the
18
equalized assessed valuation for a school district or partial
19
elementary unit district formed pursuant to Article 11E used
20
to compute reimbursement shall be the real equalized assessed
21
valuation as computed under paragraph (3) of subsection (d) of
22
Section 18-8.15.
23

All reimbursements received from the State shall be
24
deposited into the district's transportation fund or into the
25
fund from which the allowable expenditures were made.
26

Notwithstanding any other provision of law, any school

HB5432
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LRB104 20605 LNS 34096 b
1
district receiving a payment under this Section or under
2
Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
3
classify all or a portion of the funds that it receives in a
4
particular fiscal year or from State aid pursuant to Section
5
18-8.15 of this Code as funds received in connection with any
6
funding program for which it is entitled to receive funds from
7
the State in that fiscal year (including, without limitation,
8
any funding program referenced in this Section), regardless of
9
the source or timing of the receipt. The district may not
10
classify more funds as funds received in connection with the
11
funding program than the district is entitled to receive in
12
that fiscal year for that program. Any classification by a
13
district must be made by a resolution of its board of
14
education. The resolution must identify the amount of any
15
payments or general State aid to be classified under this
16
paragraph and must specify the funding program to which the
17
funds are to be treated as received in connection therewith.
18
This resolution is controlling as to the classification of
19
funds referenced therein. A certified copy of the resolution
20
must be sent to the State Superintendent of Education. The
21
resolution shall still take effect even though a copy of the
22
resolution has not been sent to the State Superintendent of
23
Education in a timely manner. No classification under this
24
paragraph by a district shall affect the total amount or
25
timing of money the district is entitled to receive under this
26
Code. No classification under this paragraph by a district

HB5432
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LRB104 20605 LNS 34096 b
1
shall in any way relieve the district from or affect any
2
requirements that otherwise would apply with respect to that
3
funding program, including any accounting of funds by source,
4
reporting expenditures by original source and purpose,
5
reporting requirements, or requirements of providing services.
6

Any school district with a population of not more than
7
500,000 must deposit all funds received under this Article
8
into the transportation fund and use those funds for the
9
provision of transportation services.
10
(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
11
103-588, eff. 1-1-25
.)

12

(Text of Section after amendment by P.A. 104-457
)
13

Sec. 29-5.
Reimbursement by State for transportation.
Any
14
school district or State-authorized charter school,
15
maintaining a school, transporting resident pupils to another
16
school district's vocational program, offered through a joint
17
agreement approved by the State Board of Education, as
18
provided in Section 10-22.22 or transporting its resident
19
pupils to a school which meets the standards for recognition
20
as established by the State Board of Education which provides
21
transportation meeting the standards of safety, comfort,
22
convenience, efficiency and operation prescribed by the State
23
Board of Education for resident pupils in kindergarten or any
24
of grades 1 through 12 who: (a) reside at least 1 1/2 miles as
25
measured by the customary route of travel, from the school

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1
attended; or (b) reside in areas where conditions are such
2
that walking constitutes a hazard to the safety of the child
3
when determined under Section 29-3; and (c) are transported to
4
the school attended from pick-up points at the beginning of
5
the 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 prorated allowable cost of
10
transporting eligible pupils less the real equalized assessed
11
valuation as computed under paragraph (3) of subsection (d) of
12
Section 18-8.15 in a dual school district maintaining
13
secondary grades 9 to 12 inclusive times a qualifying rate of
14
.05%; in elementary school districts maintaining grades K to 8
15
times a qualifying rate of .06%; and in unit districts
16
maintaining grades K to 12, including partial elementary unit
17
districts formed pursuant to Article 11E, times a qualifying
18
rate of .07%. For a State-authorized charter school, the State
19
shall pay the prorated allowable cost of transporting eligible
20
pupils less a real equalized assessed valuation calculated
21
pursuant to this Section times a qualifying rate. For purposes
22
of calculating the real equalized assessed valuation for a
23
State-authorized charter school whose resident district is not
24
a school district organized under Article 34 of this Code, the
25
State Board of Education shall calculate the average of the
26
number of students in grades kindergarten through 12 reported

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1
as enrolled in the charter school in the State Board's Student
2
Information System on October 1 and March 1 of the immediately
3
preceding school year. That value shall be divided by the
4
average of the number of students in grades kindergarten
5
through 12 reported as enrolled in the charter school's
6
resident district on October 1 and March 1 of the immediately
7
preceding school year. That proportion shall be multiplied by
8
the real equalized assessed valuation as computed under
9
paragraph (3) of subsection (d) of Section 18-8.15 for each
10
State-authorized charter school's applicable resident
11
district. A State-authorized charter school whose resident
12
district is organized under Article 34 of this Code shall have
13
a real equalized assessed valuation equal to the real
14
equalized assessed valuation of its resident district as
15
computed under paragraph (3) of subsection (d) of Section
16
18-8.15. A State-authorized charter school's qualifying rate
17
shall be the same as the rate that applies to the charter
18
school's resident district.
19

To be eligible to receive reimbursement in excess of 4/5
20
of the cost to transport eligible pupils, a school district or
21
partial elementary unit district formed pursuant to Article
22
11E shall have a Transportation Fund tax rate of at least .12%.
23
The Transportation Fund tax rate for a partial elementary unit
24
district formed pursuant Article 11E shall be the combined
25
elementary and high school rates pursuant to paragraph (4) of
26
subsection (a) of Section 18-8.15.

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1

If a school district or partial elementary unit district
2
formed pursuant to Article 11E does not have a .12%
3
Transportation Fund tax rate, the amount of its claim in
4
excess of 4/5 of the cost of transporting pupils shall be
5
reduced by the sum arrived at by subtracting the
6
Transportation Fund tax rate from .12% and multiplying that
7
amount by the district's real equalized assessed valuation as
8
computed under paragraph (3) of subsection (d) of Section
9
18-8.15, provided that in no case shall said reduction result
10
in reimbursement of less than 4/5 of the cost to transport
11
eligible pupils. No such adjustment may be applied to a claim
12
filed by a State-authorized charter school.
13

Subject to the calculation of equalized assessed
14
valuation, an adjustment for an insufficient tax rate, and the
15
use of a qualifying rate as provided in this Section, a
16
State-authorized charter school may make a claim for
17
reimbursement by the State that is calculated in the same
18
manner as a school district.
19

The minimum amount to be received by a district is $16
20
times the number of eligible pupils transported.
21

When calculating the reimbursement for transportation
22
costs, the State Board of Education may not deduct the number
23
of pupils enrolled in early education programs from the number
24
of pupils eligible for reimbursement if the pupils enrolled in
25
the early education programs are transported at the same time
26
as other eligible pupils.

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1

Any such district transporting resident pupils during the
2
school day to an area vocational school or another school
3
district's vocational program more than 1 1/2 miles from the
4
school attended, as provided in Sections 10-22.20a and
5
10-22.22, shall be reimbursed by the State for 4/5 of the cost
6
of transporting eligible pupils.
7

School day means that period of time during which the
8
pupil is required to be in attendance for instructional
9
purposes.
10

If a pupil is at a location within the school district
11
other than his residence for child care purposes at the time
12
for transportation to school, that location may be considered
13
for purposes of determining the 1 1/2 miles from the school
14
attended.
15

Claims for reimbursement that include children who attend
16
any school other than a public school shall show the number of
17
such children transported.
18

Claims for reimbursement under this Section shall not be
19
paid for the transportation of pupils for whom transportation
20
costs are claimed for payment under other Sections of this
21
Act.
22

The allowable direct cost of transporting pupils for
23
regular, vocational, and special education pupil
24
transportation shall be limited to the sum of the cost of
25
physical examinations required for employment as a school bus
26
driver; the salaries of full-time or part-time drivers and

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1
school bus maintenance personnel; employee benefits excluding
2
Illinois municipal retirement payments, social security
3
payments, unemployment insurance payments and workers'
4
compensation insurance premiums; expenditures to independent
5
carriers who operate school buses; payments to other school
6
districts for pupil transportation services; pre-approved
7
contractual expenditures for computerized bus scheduling;
8
expenditures for housing assistance and homeless prevention
9
under Sections 1-17 and 1-18 of the Education for Homeless
10
Children Act that are not in excess of the school district's
11
actual costs for providing transportation services and are not
12
otherwise claimed in another State or federal grant that
13
permits those costs to a parent, a legal guardian, any other
14
person who enrolled a pupil, or a homeless assistance agency
15
that is part of the federal McKinney-Vento Homeless Assistance
16
Act's continuum of care for the area in which the district is
17
located; the cost of gasoline, oil, tires, and other supplies
18
necessary for the operation of school buses; the cost of
19
converting buses' gasoline engines to more fuel efficient
20
engines or to engines which use alternative energy sources;
21
the cost of travel to meetings and workshops conducted by the
22
regional superintendent or the State Superintendent of
23
Education pursuant to the standards established by the
24
Secretary of State under Section 6-106 of the Illinois Vehicle
25
Code to improve the driving skills of school bus drivers; the
26
cost of maintenance of school buses including parts and

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1
materials used; expenditures for leasing transportation
2
vehicles, except interest and service charges; the cost of
3
insurance and licenses for transportation vehicles;
4
expenditures for the rental of transportation equipment; plus
5
a depreciation allowance of 20% for 5 years for school buses
6
and vehicles approved for transporting pupils to and from
7
school and a depreciation allowance of 10% for 10 years for
8
other transportation equipment so used. Each school year, if a
9
school district has made expenditures to the Northern Illinois
10
Transit Authority or any of its service boards, a mass transit
11
district, or an urban transportation district under an
12
intergovernmental agreement with the district to provide for
13
the transportation of pupils and if the public transit carrier
14
received direct payment for services or passes from a school
15
district within its service area during the 2000-2001 school
16
year, then the allowable direct cost of transporting pupils
17
for regular, vocational, and special education pupil
18
transportation shall also include the expenditures that the
19
district has made to the public transit carrier.
Each school
20
year, if a school district has made expenditures to pay the
21
public transit fees of pupils under Section 29-3, then the
22
allowable direct cost of transporting pupils shall also
23
include the expenditures that the district has made to pay
24
those public transit fees.
In addition to the above allowable
25
costs, school districts shall also claim all transportation
26
supervisory salary costs, including Illinois municipal

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1
retirement payments, and all transportation-related building
2
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 while
6
in transit and expenditures for parents and public carriers
7
for transporting special education pupils when pre-approved by
8
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 costs,
12
or any costs attributable to transporting pupils from their
13
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 the
25
Department of Transportation for the safety and construction
26
of school buses provided, however, any equipment cost

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LRB104 20605 LNS 34096 b
1
reimbursed by the Department of Transportation for equipping
2
school buses with such safety equipment shall be deducted from
3
the allowable cost in the computation of reimbursement under
4
this Section in the same percentage as the cost of the
5
equipment is depreciated.
6

On or before August 15, annually, the chief school
7
administrator for the district shall certify to the State
8
Superintendent of Education the district's claim for
9
reimbursement for the school year ending on June 30 next
10
preceding. The State Superintendent of Education shall check
11
and approve the claims and prepare the vouchers showing the
12
amounts due for district reimbursement claims. Each fiscal
13
year, the State Superintendent of Education shall prepare and
14
transmit the first 3 vouchers to the Comptroller on the 30th
15
day of September, December and March, respectively, and the
16
final voucher, no later than June 20.
17

If the amount appropriated for transportation
18
reimbursement is insufficient to fund total claims for any
19
fiscal year, the State Board of Education shall reduce each
20
school district's allowable costs and flat grant amount
21
proportionately to make total adjusted claims equal the total
22
amount appropriated.
23

For purposes of calculating claims for reimbursement under
24
this Section for any school year beginning July 1, 2016, the
25
equalized assessed valuation for a school district or partial
26
elementary unit district formed pursuant to Article 11E used

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LRB104 20605 LNS 34096 b
1
to compute reimbursement shall be the real equalized assessed
2
valuation as computed under paragraph (3) of subsection (d) of
3
Section 18-8.15.
4

All reimbursements received from the State shall be
5
deposited into the district's transportation fund or into the
6
fund from which the allowable expenditures were made.
7

Notwithstanding any other provision of law, any school
8
district receiving a payment under this Section or under
9
Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
10
classify all or a portion of the funds that it receives in a
11
particular fiscal year or from State aid pursuant to Section
12
18-8.15 of this Code as funds received in connection with any
13
funding program for which it is entitled to receive funds from
14
the State in that fiscal year (including, without limitation,
15
any funding program referenced in this Section), regardless of
16
the source or timing of the receipt. The district may not
17
classify more funds as funds received in connection with the
18
funding program than the district is entitled to receive in
19
that fiscal year for that program. Any classification by a
20
district must be made by a resolution of its board of
21
education. The resolution must identify the amount of any
22
payments or general State aid to be classified under this
23
paragraph and must specify the funding program to which the
24
funds are to be treated as received in connection therewith.
25
This resolution is controlling as to the classification of
26
funds referenced therein. A certified copy of the resolution

HB5432
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1
must be sent to the State Superintendent of Education. The
2
resolution shall still take effect even though a copy of the
3
resolution has not been sent to the State Superintendent of
4
Education in a timely manner. No classification under this
5
paragraph by a district shall affect the total amount or
6
timing of money the district is entitled to receive under this
7
Code. No classification under this paragraph by a district
8
shall in any way relieve the district from or affect any
9
requirements that otherwise would apply with respect to that
10
funding program, including any accounting of funds by source,
11
reporting expenditures by original source and purpose,
12
reporting requirements, or requirements of providing services.
13

Any school district with a population of not more than
14
500,000 must deposit all funds received under this Article
15
into the transportation fund and use those funds for the
16
provision of transportation services.
17
(Source: P.A. 103-588, eff. 1-1-25; 104-457, eff. 6-1-26.)

18

Section 95.
No acceleration or delay.
Where this Act makes
19
changes in a statute that is represented in this Act by text
20
that is not yet or no longer in effect (for example, a Section
21
represented by multiple versions), the use of that text does
22
not accelerate or delay the taking effect of (i) the changes
23
made by this Act or (ii) provisions derived from any other
24
Public Act.

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