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1 | AN ACT concerning education. | |||||||||||||||||||
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 Section | |||||||||||||||||||
5 | 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, consolidated high school | |||||||||||||||||||
10 | districts, optional elementary unit districts, combined high | |||||||||||||||||||
11 | school - unit districts, combined school districts if the | |||||||||||||||||||
12 | combined district includes any district which was previously | |||||||||||||||||||
13 | required to provide transportation, and any newly created | |||||||||||||||||||
14 | elementary or high school districts resulting from a high | |||||||||||||||||||
15 | school - unit conversion, a unit to dual conversion, or a | |||||||||||||||||||
16 | multi-unit conversion if the newly created district includes | |||||||||||||||||||
17 | any area that was previously required to provide | |||||||||||||||||||
18 | transportation shall provide free transportation for pupils | |||||||||||||||||||
19 | residing at a distance of one and one-half miles or more from | |||||||||||||||||||
20 | any school to which they are assigned for attendance | |||||||||||||||||||
21 | maintained within the district, except for those pupils for | |||||||||||||||||||
22 | whom the school board shall certify to the State Board of | |||||||||||||||||||
23 | Education that adequate transportation for the public is |
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1 | available. | ||||||
2 | For the purpose of this Act 1 1/2 miles distance shall be | ||||||
3 | from the exit of the property where the pupil resides to the | ||||||
4 | point where pupils are normally unloaded at the school | ||||||
5 | attended; such distance shall be measured by determining the | ||||||
6 | shortest distance on normally traveled roads or streets. | ||||||
7 | Such school board may comply with the provisions of this | ||||||
8 | Section by providing free transportation for pupils to and | ||||||
9 | from an assigned school and a pick-up point located not more | ||||||
10 | than one and one-half miles from the home of each pupil | ||||||
11 | assigned to such point. | ||||||
12 | For the purposes of this Act "adequate transportation for | ||||||
13 | the public" shall be assumed to exist for such pupils as can | ||||||
14 | reach school by walking, one way, along normally traveled | ||||||
15 | roads or streets less than 1 1/2 miles irrespective of the | ||||||
16 | distance the pupil is transported by public transportation. | ||||||
17 | In addition to the other requirements of this Section, | ||||||
18 | each school board may provide free transportation for any | ||||||
19 | pupil residing within a one-half mile 1 1/2 miles from the | ||||||
20 | school attended where conditions are such that walking, either | ||||||
21 | to or from the school to which a pupil is assigned for | ||||||
22 | attendance or to or from a pick-up point or bus stop, | ||||||
23 | constitutes a serious hazard to the safety of the pupil due to | ||||||
24 | either (i) vehicular traffic or rail crossings or (ii) a | ||||||
25 | course or pattern of criminal activity, as defined in Section | ||||||
26 | 10 of the Illinois Streetgang Terrorism Omnibus Prevention |
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1 | Act. Such transportation shall not be provided if adequate | ||||||
2 | transportation for the public is available. | ||||||
3 | The determination as to what constitutes a serious safety | ||||||
4 | hazard shall be made by the school board, in accordance with | ||||||
5 | guidelines promulgated by the Illinois Department of | ||||||
6 | Transportation regarding vehicular traffic or rail crossings | ||||||
7 | or in accordance with guidelines regarding a course or pattern | ||||||
8 | of criminal activity, as determined by the local law | ||||||
9 | enforcement agency, in consultation with the State | ||||||
10 | Superintendent of Education. A school board, on written | ||||||
11 | petition of the parent or guardian of a pupil for whom adequate | ||||||
12 | transportation for the public is alleged not to exist because | ||||||
13 | the pupil is required to walk along normally traveled roads or | ||||||
14 | streets where walking is alleged to constitute a serious | ||||||
15 | safety hazard due to either (i) vehicular traffic or rail | ||||||
16 | crossings or (ii) a course or pattern of criminal activity, or | ||||||
17 | who is required to walk between the pupil's home and assigned | ||||||
18 | school or between the pupil's home or assigned school and a | ||||||
19 | pick-up point or bus stop along roads or streets where walking | ||||||
20 | is alleged to constitute a serious safety hazard due to either | ||||||
21 | (i) vehicular traffic or rail crossings or (ii) a course or | ||||||
22 | pattern of criminal activity, shall conduct a study and make | ||||||
23 | findings, which the Department of Transportation, with respect | ||||||
24 | to vehicular traffic or rail crossings, or the State Board of | ||||||
25 | Education, in consultation with the local law enforcement | ||||||
26 | agency, with respect to a course or pattern of criminal |
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1 | activity, shall review and approve or disapprove as provided | ||||||
2 | in this Section, to determine whether a serious safety hazard | ||||||
3 | exists as alleged in the petition. The Department of | ||||||
4 | Transportation shall review the findings of the school board | ||||||
5 | concerning vehicular traffic or rail crossings and shall | ||||||
6 | approve or disapprove the school board's determination that a | ||||||
7 | serious safety hazard exists within 30 days after the school | ||||||
8 | board submits its findings to the Department of | ||||||
9 | Transportation. The State Board of Education, in consultation | ||||||
10 | with the local law enforcement agency, shall review the | ||||||
11 | findings of the school board concerning a course or pattern of | ||||||
12 | criminal activity and shall approve or disapprove the school | ||||||
13 | board's determination that a serious safety hazard exists | ||||||
14 | within 30 days after the school board submits its findings to | ||||||
15 | the State Board. The school board shall annually review the | ||||||
16 | conditions and determine whether or not the hazardous | ||||||
17 | conditions remain unchanged. The State Superintendent of | ||||||
18 | Education may request that the Illinois Department of | ||||||
19 | Transportation or the local law enforcement agency verify that | ||||||
20 | the conditions have not changed. No action shall lie against | ||||||
21 | the school board, the State Superintendent of Education, the | ||||||
22 | Illinois Department of Transportation, the State Board of | ||||||
23 | Education, or a local law enforcement agency for decisions | ||||||
24 | made in accordance with this Section. The provisions of the | ||||||
25 | Administrative Review Law and all amendments and modifications | ||||||
26 | thereof and the rules adopted pursuant thereto shall apply to |
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1 | and govern all proceedings instituted for the judicial review | ||||||
2 | of final administrative decisions of the Department of | ||||||
3 | Transportation, the State Board of Education, or a local law | ||||||
4 | enforcement agency under this Section. At all points, except | ||||||
5 | when otherwise mentioned in this Section, the local | ||||||
6 | enforcement agency is authorized to determine what constitutes | ||||||
7 | a course or pattern of criminal activity. | ||||||
8 | The changes made to this Section by this amendatory Act of | ||||||
9 | the 100th General Assembly do not apply to a school district | ||||||
10 | organized under Article 34 of this Code. | ||||||
11 | (Source: P.A. 100-1142, eff. 11-28-18.) |