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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||
5 | 29-3 as follows:
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6 | (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
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7 | Sec. 29-3. Transportation in school districts. School | ||||||||||||||||||||||||
8 | boards
of community consolidated districts, community unit
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9 | districts, consolidated districts, consolidated high school
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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 transportation | ||||||||||||||||||||||||
18 | shall provide free transportation
for pupils residing at a | ||||||||||||||||||||||||
19 | distance of one and one-half miles or more from
any school to | ||||||||||||||||||||||||
20 | which they are assigned for attendance maintained within the
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21 | district, except for those pupils for whom the school board | ||||||||||||||||||||||||
22 | shall certify to
the State Board of Education that adequate | ||||||||||||||||||||||||
23 | transportation for the public is
available.
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1 | For the purpose of this Act 1 1/2 miles distance shall be | ||||||
2 | from the exit
of the property where the pupil resides to the | ||||||
3 | point where pupils are normally
unloaded at the school | ||||||
4 | attended; such distance shall be measured by determining
the | ||||||
5 | shortest distance on normally traveled roads or streets.
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6 | Such school board may comply with the provisions of this | ||||||
7 | Section by
providing free transportation for pupils to and from | ||||||
8 | an assigned school
and a pick-up point located not more than | ||||||
9 | one and one-half miles from
the home of each pupil assigned to | ||||||
10 | such point.
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11 | In addition to the other requirements of this Section, the | ||||||
12 | school board of a school district organized under Article 34 of | ||||||
13 | this Code shall provide free transportation to and from a | ||||||
14 | pupil's assigned school and a pick-up point that meets the | ||||||
15 | requirements of this Section for any pupil who must walk or | ||||||
16 | otherwise travel along a safe passage route, as designated by | ||||||
17 | the school board, to reach school or return home. | ||||||
18 | For the purposes of this Act "adequate transportation for | ||||||
19 | the public"
shall be assumed to exist for such pupils as can | ||||||
20 | reach school by
walking, one way, along normally traveled roads | ||||||
21 | or streets
less than 1
1/2 miles irrespective of the distance | ||||||
22 | the
pupil is transported by public transportation.
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23 | In addition to the other requirements of this Section, each | ||||||
24 | school board may
provide free transportation for any pupil | ||||||
25 | residing within 1 1/2 miles from the
school attended where | ||||||
26 | conditions are such that walking, either to or from the
school |
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1 | to which a pupil is assigned for attendance or to or from a | ||||||
2 | pick-up
point or bus stop, constitutes a serious hazard to the | ||||||
3 | safety of the pupil
due to vehicular traffic or rail crossings. | ||||||
4 | Such transportation shall not
be provided if adequate | ||||||
5 | transportation for the public is available.
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6 | The determination as to what constitutes a serious safety | ||||||
7 | hazard shall
be made by the school board, in accordance with | ||||||
8 | guidelines promulgated by
the Illinois Department of | ||||||
9 | Transportation, in consultation with the State
Superintendent | ||||||
10 | of Education. A school board, on written petition of the
parent | ||||||
11 | or guardian of a pupil for whom adequate transportation for the | ||||||
12 | public
is alleged not to exist because the pupil is required to | ||||||
13 | walk along normally
traveled roads or streets where walking is | ||||||
14 | alleged to constitute a serious
safety hazard due to vehicular | ||||||
15 | traffic or rail crossings, or who is required to
walk between | ||||||
16 | the
pupil's home and assigned school or between the pupil's | ||||||
17 | home or assigned school
and a pick-up point or bus stop along | ||||||
18 | roads or streets where walking is alleged
to constitute a | ||||||
19 | serious safety hazard due to vehicular traffic or rail
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20 | crossings, shall conduct a
study and make findings, which the | ||||||
21 | Department of Transportation shall review
and approve
or | ||||||
22 | disapprove as provided in this Section, to determine whether a | ||||||
23 | serious
safety hazard exists as alleged in the petition. The
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24 | Department of Transportation shall review
the findings of the | ||||||
25 | school board and shall approve or disapprove the school
board's | ||||||
26 | determination that a serious safety hazard exists within 30 |
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1 | days
after the school board submits its findings to the | ||||||
2 | Department. The school board
shall annually review the | ||||||
3 | conditions and determine whether or not the hazardous | ||||||
4 | conditions remain unchanged. The
State Superintendent of | ||||||
5 | Education may request that the Illinois Department
of | ||||||
6 | Transportation verify that the conditions have not changed. No | ||||||
7 | action
shall lie against the school board, the State | ||||||
8 | Superintendent of Education
or the Illinois Department of | ||||||
9 | Transportation for decisions made in accordance
with this | ||||||
10 | Section. The provisions of the Administrative Review Law and | ||||||
11 | all
amendments and modifications thereof and the rules adopted | ||||||
12 | pursuant thereto
shall apply to and govern all proceedings | ||||||
13 | instituted for the judicial
review of final administrative | ||||||
14 | decisions of the Department of
Transportation under this | ||||||
15 | Section.
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16 | (Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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