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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0558
105 ILCS 5/29-3 from Ch. 122, par. 29-3
Amends the School Code. Provides that "adequate
transportation for the public" as used when determining
pupils entitled to be provided with free transportation shall
not be deemed available if conditions are such that walking
between a pupil's home or assigned school and a pick-up point
or bus stop on the regular route along which public
transportation is available constitutes a serious safety
hazard due to vehicular traffic. Adds other provisions under
which the pupil transportation requirements of the School
Code will not be deemed to have been met if a pupil,
including a pupil residing within 1 1/2 miles of school, is
required to walk between home or school and a pick-up point
or bus stop when walking constitutes a serious safety hazard
due to vehicular traffic. Requires a school board, on
petition of a parent or guardian of a pupil allegedly having
to walk to or from school, pick-up points, or bus stops along
roads or streets where a serious safety hazard due to
vehicular traffic exists, to conduct a study and make
findings (that are to be reviewed by the Department of
Transportation, which makes a final administrative decision)
on that issue.
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1 AN ACT to amend the School Code by changing Section 29-3.
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
5 Section 29-3 as follows:
6 (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
7 Sec. 29-3. Transportation in school districts. School
8 boards of community consolidated districts, community unit
9 districts, consolidated districts, and consolidated high
10 school districts, and combined school districts if the
11 combined district includes any district which was previously
12 required to provide transportation, shall provide free
13 transportation for pupils residing at a distance of one and
14 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
17 the State Board of Education that adequate transportation for
18 the public is available. Adequate transportation for the
19 public shall not be deemed available if conditions are such
20 that walking between a pupil's home or assigned school and a
21 pick-up point or bus stop on the regular route along which
22 transportation for the public is available constitutes a
23 serious safety hazard due to vehicular traffic.
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
27 attended; such distance shall be measured by determining the
28 shortest distance on normally traveled roads or streets.
29 Such school board may comply with the provisions of this
30 Section by providing free transportation for pupils to and
31 from an assigned school and a pick-up point located not more
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1 than one and one-half miles from the home of each pupil
2 assigned to such point, but only if conditions are such that
3 walking between a pupil's home and that pick-up point does
4 not constitute a serious safety hazard due to vehicular
5 traffic.
6 For the purposes of this Act "adequate transportation for
7 the public" shall be assumed to exist for such pupils as can
8 reach school by walking, one way, along normally traveled
9 roads or streets where walking does not constitute a serious
10 safety hazard due to vehicular traffic, less than 1 1/2 miles
11 irrespective of the distance the pupil is transported by
12 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 l 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 on a regular route along
19 which transportation for the public is available, constitutes
20 a serious hazard to the safety of the pupil due to vehicular
21 traffic. Such transportation shall not be provided if
22 adequate transportation for the public is available.
23 Adequate transportation for the public shall not be deemed
24 available if conditions are such that walking between a
25 pupil's home or assigned school and a pick-up point or bus
26 stop on the regular route along which transportation for the
27 public is available constitutes a serious safety hazard due
28 to vehicular traffic.
29 The determination as to what constitutes a serious safety
30 hazard shall be made by the school board, in accordance with
31 guidelines promulgated by the Illinois Department of
32 Transportation, in consultation with the State Superintendent
33 of Education. A school board, on written petition of the
34 parent or guardian of a pupil for whom adequate
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1 transportation for the public is alleged not to exist because
2 the pupil is required to walk along normally traveled roads
3 or streets where walking is alleged to constitute a serious
4 safety hazard due to vehicular traffic, or who is required to
5 walk between the pupil's home and assigned school or between
6 the pupil's home or assigned school and a pick-up point or
7 bus stop along roads or streets where walking is alleged to
8 constitute a serious safety hazard due to vehicular traffic,
9 shall conduct a study and make findings, which the Department
10 of Transportation shall review and approve or disapprove as
11 provided in this Section, to determine whether a serious
12 safety hazard exists as alleged in the petition. The
13 Department of Transportation shall review the findings of the
14 school board and shall approve or disapprove the school
15 board's determination that a serious safety hazard exists
16 within 30 days after the school board submits its findings to
17 the Department. The school board shall annually review the
18 conditions and certify to the State Superintendent of
19 Education whether or not the hazardous conditions remain
20 unchanged. The State Superintendent of Education may request
21 that the Illinois Department of Transportation verify that
22 the conditions have not changed. No action shall lie against
23 the school board, the State Superintendent of Education or
24 the Illinois Department of Transportation for decisions made
25 in accordance with this Section. The provisions of the
26 Administrative Review Law and all amendments and
27 modifications thereof and the rules adopted pursuant thereto
28 shall apply to and govern all proceedings instituted for the
29 judicial review of final administrative decisions of the
30 Department of Transportation under this Section.
31 (Source: P.A. 83-1311.)