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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4113
Introduced 1/15/2004, by William Davis SYNOPSIS AS INTRODUCED:
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105 ILCS 5/29-3 |
from Ch. 122, par. 29-3 |
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Amends the Transportation Article of the School Code. Allows a school board to provide free transportation for a pupil residing within one and one-half miles from school if conditions are such that walking constitutes a serious hazard to the safety of the pupil (now allowed only if the hazard is due to vehicular traffic or rail crossings). Provides that guidelines as to what constitutes a serious safety hazard shall be adopted by the regional superintendent of schools (in consultation with the Department of Transportation with regard to vehicular traffic or rail crossings). Provides that the regional superintendent of schools, in consultation with the Department of Transportation with regard to vehicular traffic or rail crossings, shall review and approve or disapprove a school board's determination that a serious safety hazard exists (now, the Department of Transportation makes the review and approves or disapproves the determination). Makes related changes. |
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4113 |
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LRB093 15496 NHT 41100 b |
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| AN ACT concerning schools.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing
Section |
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| 29-3 as follows:
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| (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
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| Sec. 29-3. Transportation in school districts. School |
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| boards
of community consolidated districts, community unit
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| districts, consolidated districts, and consolidated high |
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| school
districts, and combined school districts if the combined |
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| district
includes any district which was previously required to |
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| provide
transportation, shall provide free transportation
for |
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| pupils residing at a distance of one and one-half miles or more |
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| from
any school to which they are assigned for attendance |
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| maintained within the
district except for those pupils for whom |
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| the school board shall certify to
the State Board of Education |
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| that adequate transportation for the public is
available.
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| For the purpose of this Act 1 1/2 miles distance shall be |
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| from the exit
of the property where the pupil resides to the |
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| point where pupils are normally
unloaded at the school |
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| attended; such distance shall be measured by determining
the |
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| shortest distance on normally traveled roads or streets.
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| Such school board may comply with the provisions of this |
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| Section by
providing free transportation for pupils to and from |
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| an assigned school
and a pick-up point located not more than |
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| one and one-half miles from
the home of each pupil assigned to |
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| such point.
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| For the purposes of this Act "adequate transportation for |
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| the public"
shall be assumed to exist for such pupils as can |
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| reach school by
walking, one way, along normally traveled roads |
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| or streets
less than 1
1/2 miles irrespective of the distance |
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| the
pupil is transported by public transportation.
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HB4113 |
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LRB093 15496 NHT 41100 b |
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| In addition to the other requirements of this Section, each |
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| school board may
provide free transportation for any pupil |
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| residing within 1 1/2 miles from the
school attended where |
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| conditions are such that walking, either to or from the
school |
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| to which a pupil is assigned for attendance or to or from a |
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| pick-up
point or bus stop, constitutes a serious hazard to the |
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| safety of the pupil
due to vehicular traffic or rail crossings |
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| or due to other hazards. Such
transportation shall not
be |
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| provided if adequate transportation for the public is |
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| available.
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| The determination as to what constitutes a serious safety |
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| hazard shall
be made by the school board, in accordance with |
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| guidelines promulgated by
the regional superintendent of |
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| schools
Illinois Department of
Transportation, in consultation |
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| with the Department of Transportation
with regard to vehicular |
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| traffic or rail crossings
State
Superintendent of Education. A |
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| school board, on written petition of the
parent or guardian of |
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| a pupil for whom adequate transportation for the public
is |
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| alleged not to exist because the pupil is required to walk |
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| along normally
traveled roads or streets where walking is |
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| alleged to constitute a serious
safety hazard due to vehicular |
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| traffic or rail crossings, or who is
required to
walk between |
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| the
pupil's home and assigned school or between the pupil's |
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| home or assigned school
and a pick-up point or bus stop along |
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| roads or streets where walking is alleged
to constitute a |
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| serious safety hazard due to vehicular traffic or rail
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| crossings, shall conduct a
study and make findings, which the |
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| regional superintendent of schools, in
consultation with the
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| Department of Transportation
with regard to vehicular traffic |
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| or rail crossings,
shall review
and approve
or disapprove as |
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| provided in this Section, to determine whether a serious
safety |
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| hazard exists as alleged in the petition. The regional |
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| superintendent
of
schools, in consultation with the
Department |
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| of Transportation
with regard to vehicular traffic or rail |
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| crossings,
shall review
the findings of the school board and |
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| shall approve or disapprove the school
board's determination |
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HB4113 |
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LRB093 15496 NHT 41100 b |
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| that a serious safety hazard exists within 30 days
after the |
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| school board submits its findings to the regional |
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| superintendent of
schools
Department. The school board
shall |
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| annually review the conditions and certify to the regional
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| State
superintendent
of schools
Education whether or not the |
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| hazardous conditions remain
unchanged. The
regional
State
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| superintendent of schools
Education may request
that the |
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| Illinois Department
of Transportation verify that the
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| conditions with regard to vehicular
traffic or rail crossings
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| have not changed. No action
shall lie against the school board,
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| the regional superintendent of schools,
the State |
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| Superintendent of Education
or the Illinois Department of |
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| Transportation for decisions made in
accordance
with this |
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| Section. The provisions of the Administrative Review Law and |
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| all
amendments and modifications thereof and the rules adopted |
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| pursuant thereto
shall apply to and govern all proceedings |
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| instituted for the judicial
review of final administrative |
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| decisions of the regional superintendent of
schools
Department |
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| of
Transportation under this Section.
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| (Source: P.A. 90-223, eff. 1-1-98.)
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