Illinois General Assembly - Full Text of SB0052
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Full Text of SB0052  99th General Assembly

SB0052sam002 99TH GENERAL ASSEMBLY

Sen. James F. Clayborne, Jr.

Filed: 3/12/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 52

2    AMENDMENT NO. ______. Amend Senate Bill 52, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Section
629-3 as follows:
 
7    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
8    Sec. 29-3. Transportation in school districts. School
9boards of community consolidated districts, community unit
10districts, consolidated districts, consolidated high school
11districts, optional elementary unit districts, combined high
12school - unit districts, combined school districts if the
13combined district includes any district which was previously
14required to provide transportation, and any newly created
15elementary or high school districts resulting from a high
16school - unit conversion, a unit to dual conversion, or a

 

 

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1multi-unit conversion if the newly created district includes
2any area that was previously required to provide transportation
3shall provide free transportation for pupils residing at a
4distance of one and one-half miles or more from any school to
5which they are assigned for attendance maintained within the
6district, except for those pupils for whom the school board
7shall certify to the State Board of Education that adequate
8transportation for the public is available.
9    For the purpose of this Act 1 1/2 miles distance shall be
10from the exit of the property where the pupil resides to the
11point where pupils are normally unloaded at the school
12attended; such distance shall be measured by determining the
13shortest distance on normally traveled roads or streets.
14    Such school board may comply with the provisions of this
15Section by providing free transportation for pupils to and from
16an assigned school and a pick-up point located not more than
17one and one-half miles from the home of each pupil assigned to
18such point.
19    For the purposes of this Act "adequate transportation for
20the public" shall be assumed to exist for such pupils as can
21reach school by walking, one way, along normally traveled roads
22or streets less than 1 1/2 miles irrespective of the distance
23the pupil is transported by public transportation.
24    In addition to the other requirements of this Section, each
25school board may provide free transportation for any pupil
26residing within 1 1/2 miles from the school attended where

 

 

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1conditions are such that walking, either to or from the school
2to which a pupil is assigned for attendance or to or from a
3pick-up point or bus stop, constitutes a serious hazard to the
4safety of the pupil due to either (i) vehicular traffic or rail
5crossings or (ii) a significant risk of violent crime. Such
6transportation shall not be provided if adequate
7transportation for the public is available.
8    The determination as to what constitutes a serious safety
9hazard shall be made by the school board, in accordance with
10guidelines promulgated by the Illinois Department of
11Transportation regarding vehicular traffic or rail crossings
12or in accordance with guidelines adopted by the Department of
13State Police regarding a significant risk of violent crime, in
14consultation with the State Superintendent of Education. A
15school board, on written petition of the parent or guardian of
16a pupil for whom adequate transportation for the public is
17alleged not to exist because the pupil is required to walk
18along normally traveled roads or streets where walking is
19alleged to constitute a serious safety hazard due to either (i)
20vehicular traffic or rail crossings or (ii) a significant risk
21of violent crime, or who is required to walk between the
22pupil's home and assigned school or between the pupil's home or
23assigned school and a pick-up point or bus stop along roads or
24streets where walking is alleged to constitute a serious safety
25hazard due to either (i) vehicular traffic or rail crossings or
26(ii) a significant risk of violent crime, shall conduct a study

 

 

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1and make findings, which the Department of Transportation, with
2respect to vehicular traffic or rail crossings, or the local
3police, with respect to a significant risk of violent crime,
4shall review and approve or disapprove as provided in this
5Section, to determine whether a serious safety hazard exists as
6alleged in the petition. The Department of Transportation shall
7review the findings of the school board concerning vehicular
8traffic or rail crossings and shall approve or disapprove the
9school board's determination that a serious safety hazard
10exists within 30 days after the school board submits its
11findings to the Department of Transportation. The local police
12shall review the findings of the school board concerning a
13significant risk of violent crime and shall approve or
14disapprove the school board's determination that a serious
15safety hazard exists within 30 days after the school board
16submits its findings to the Department of State Police. The
17school board shall annually review the conditions and determine
18whether or not the hazardous conditions remain unchanged. The
19State Superintendent of Education may request that the Illinois
20Department of Transportation or the local police verify that
21the conditions have not changed. No action shall lie against
22the school board, the State Superintendent of Education, or the
23Illinois Department of Transportation, or the local police for
24decisions made in accordance with this Section. The provisions
25of the Administrative Review Law and all amendments and
26modifications thereof and the rules adopted pursuant thereto

 

 

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1shall apply to and govern all proceedings instituted for the
2judicial review of final administrative decisions of the
3Department of Transportation or the local police under this
4Section.
5    The changes made to this Section by this amendatory Act of
6the 99th General Assembly do not apply to a school district
7organized under Article 34 of this Code.
8(Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".