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| | HB3662 Engrossed | | LRB098 13301 NHT 47820 b |
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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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