HB3662 EngrossedLRB098 13301 NHT 47820 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
529-3 as follows:
 
6    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
7    Sec. 29-3. Transportation in school districts. School
8boards of community consolidated districts, community unit
9districts, consolidated districts, consolidated high school
10districts, optional elementary unit districts, combined high
11school - unit districts, combined school districts if the
12combined district includes any district which was previously
13required to provide transportation, and any newly created
14elementary or high school districts resulting from a high
15school - unit conversion, a unit to dual conversion, or a
16multi-unit conversion if the newly created district includes
17any area that was previously required to provide transportation
18shall provide free transportation for pupils residing at a
19distance of one and one-half miles or more from any school to
20which they are assigned for attendance maintained within the
21district, except for those pupils for whom the school board
22shall certify to the State Board of Education that adequate
23transportation for the public is available.

 

 

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1    For the purpose of this Act 1 1/2 miles distance shall be
2from the exit of the property where the pupil resides to the
3point where pupils are normally unloaded at the school
4attended; such distance shall be measured by determining the
5shortest distance on normally traveled roads or streets.
6    Such school board may comply with the provisions of this
7Section by providing free transportation for pupils to and from
8an assigned school and a pick-up point located not more than
9one and one-half miles from the home of each pupil assigned to
10such point.
11    In addition to the other requirements of this Section, the
12school board of a school district organized under Article 34 of
13this Code shall provide free transportation to and from a
14pupil's assigned school and a pick-up point that meets the
15requirements of this Section for any pupil who must walk or
16otherwise travel along a safe passage route, as designated by
17the school board, to reach school or return home.
18    For the purposes of this Act "adequate transportation for
19the public" shall be assumed to exist for such pupils as can
20reach school by walking, one way, along normally traveled roads
21or streets less than 1 1/2 miles irrespective of the distance
22the pupil is transported by public transportation.
23    In addition to the other requirements of this Section, each
24school board may provide free transportation for any pupil
25residing within 1 1/2 miles from the school attended where
26conditions are such that walking, either to or from the school

 

 

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1to which a pupil is assigned for attendance or to or from a
2pick-up point or bus stop, constitutes a serious hazard to the
3safety of the pupil due to vehicular traffic or rail crossings.
4Such transportation shall not be provided if adequate
5transportation for the public is available.
6    The determination as to what constitutes a serious safety
7hazard shall be made by the school board, in accordance with
8guidelines promulgated by the Illinois Department of
9Transportation, in consultation with the State Superintendent
10of Education. A school board, on written petition of the parent
11or guardian of a pupil for whom adequate transportation for the
12public is alleged not to exist because the pupil is required to
13walk along normally traveled roads or streets where walking is
14alleged to constitute a serious safety hazard due to vehicular
15traffic or rail crossings, or who is required to walk between
16the pupil's home and assigned school or between the pupil's
17home or assigned school and a pick-up point or bus stop along
18roads or streets where walking is alleged to constitute a
19serious safety hazard due to vehicular traffic or rail
20crossings, shall conduct a study and make findings, which the
21Department of Transportation shall review and approve or
22disapprove as provided in this Section, to determine whether a
23serious safety hazard exists as alleged in the petition. The
24Department of Transportation shall review the findings of the
25school board and shall approve or disapprove the school board's
26determination that a serious safety hazard exists within 30

 

 

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1days after the school board submits its findings to the
2Department. The school board shall annually review the
3conditions and determine whether or not the hazardous
4conditions remain unchanged. The State Superintendent of
5Education may request that the Illinois Department of
6Transportation verify that the conditions have not changed. No
7action shall lie against the school board, the State
8Superintendent of Education or the Illinois Department of
9Transportation for decisions made in accordance with this
10Section. The provisions of the Administrative Review Law and
11all amendments and modifications thereof and the rules adopted
12pursuant thereto shall apply to and govern all proceedings
13instituted for the judicial review of final administrative
14decisions of the Department of Transportation under this
15Section.
16(Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.