State of Illinois
90th General Assembly
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90_HB2657

      105 ILCS 5/3-14.23        from Ch. 122, par. 3-14.23
          Amends the School Code.  Makes technical changes  in  the
      Section concerning school bus driver permits.
                                                     LRB9009340LDbd
                                               LRB9009340LDbd
 1        AN  ACT  to  amend  the  School  Code by changing Section
 2    3-14.23.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  School  Code  is  amended  by changing
 6    Section 3-14.23 as follows:
 7        (105 ILCS 5/3-14.23) (from Ch. 122, par. 3-14.23)
 8        Sec. 3-14.23.  School bus driver permits.
 9        (a)  To conduct courses of  instruction  for  school  bus
10    drivers   pursuant   to  the  standards  established  by  the
11    Secretary of State under  Section  6-106.1  of  the  Illinois
12    Vehicle  Code  and  to  charge  a  fee based upon the cost of
13    providing those such courses of up to $4 per person  for  the
14    initial  classroom  course in school bus driver safety and of
15    up  to  $4  per  person  for  the  annual  refresher  course.
16    Registration fees collected prior to January  1,  1995  under
17    Section  6-106.1  of  the Illinois Vehicle Code shall be used
18    for those courses and training  prior  to  charging  the  fee
19    authorized by this paragraph.
20        (b)  To  conduct  such investigations as may be necessary
21    to insure that all persons hired to operate school buses have
22    valid school bus driver permits as  required  under  Sections
23    6-104  and  6-106.1  of  "The  Illinois  Vehicle Code".  If a
24    regional superintendent finds evidence of non-compliance with
25    this requirement,  he  or  she  shall  submit  such  evidence
26    together  with  his  recommendations in writing to the school
27    board.
28        If  the  regional  superintendent   finds   evidence   of
29    noncompliance  with the requirement that all persons employed
30    directly by the school board to  operate  school  buses  have
31    valid  school  bus  driver permits as required under Sections
                            -2-                LRB9009340LDbd
 1    6-104  and  6-106.1  of  "The  Illinois  Vehicle  Code",  the
 2    regional superintendent shall schedule a hearing  on  a  date
 3    not  less  than  5 days nor more than 10 days after notifying
 4    the district of his  findings.   If  based  on  the  evidence
 5    presented  at  the  hearing the regional superintendent finds
 6    that persons employed directly by the school board to operate
 7    school buses do not have valid school bus driver  permits  as
 8    required  under  Sections  6-104 and 6-106.1 of "The Illinois
 9    Vehicle Code", the regional superintendent shall submit  such
10    evidence  and  his  or  her findings together with his or her
11    recommendations to the  State  Superintendent  of  Education.
12    The   State   Superintendent  of  Education  may  reduce  the
13    district's claim for reimbursement under  Sections  29-5  and
14    14-13.01  for  transportation  by  1.136%  for  each  day  of
15    noncompliance.
16        If  a  school  board finds evidence of noncompliance with
17    the requirement that all persons employed by a contractor  to
18    operate  school buses have valid school bus driver permits as
19    required under Sections 6-104 and 6-106.1  of  "The  Illinois
20    Vehicle  Code",  the  school  board  shall  request a hearing
21    before   the   regional    superintendent.    The    regional
22    superintendent  shall  schedule  a hearing on a date not less
23    than 5 days  nor  more  than  10  days  after  receiving  the
24    request.   If  based on the evidence presented at the hearing
25    the regional superintendent finds that persons employed by  a
26    contractor  to  operate school buses do not have valid school
27    bus driver permits  as  required  under  Sections  6-104  and
28    6-106.1  of  "The  Illinois Vehicle Code", the school board's
29    financial obligations under the contract shall be reduced  by
30    an amount equal to 1.136% for each day of noncompliance.  The
31    findings  of  the  regional  superintendent  and  the  relief
32    provided  herein  shall  not  impair  the  obligations of the
33    contractor to continue to provide transportation services  in
34    accordance with the terms of the contract.
                            -3-                LRB9009340LDbd
 1        The  provisions of the Administrative Review Law, and all
 2    amendments and modifications thereof and  the  rules  adopted
 3    pursuant  thereto  shall  apply to and govern all proceedings
 4    instituted  for  judicial  review  of  final   administrative
 5    decisions  of the regional superintendent under this Section.
 6    (Source: P.A. 88-612, eff. 7-1-95.)

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