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1 | | (B) is under the age of 21 at the close of the school year |
2 | | for which
reimbursement is sought; and
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3 | | (C) during the school year for which reimbursement is |
4 | | sought was a
full-time pupil enrolled in a kindergarten through |
5 | | 12th grade educational
program at a school which was a distance |
6 | | of 1 1/2 miles or more from the
residence of such pupil; and
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7 | | (D) did not live within 1 1/2 miles from the school in |
8 | | which the pupil
was enrolled or have access to transportation |
9 | | provided entirely at public
expense to and from that school and |
10 | | a point within 1 1/2 miles of the
pupil's residence, measured |
11 | | in a manner consistent with Section 29-3.
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12 | | (2) "Qualified transportation expenses" means costs |
13 | | reasonably incurred
by the custodian to transport, for the |
14 | | purposes of attending regularly
scheduled day-time classes, a |
15 | | qualifying pupil between such qualifying
pupil's residence and |
16 | | the school at which such qualifying pupil is
enrolled, as |
17 | | limited in subsection (e) of this Section, and shall include
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18 | | automobile expenses at the standard mileage rate allowed by the |
19 | | United States
Internal Revenue Service as reimbursement for |
20 | | business transportation
expense, as well as payments to mass |
21 | | transit carriers, private carriers,
and contractual fees for |
22 | | transportation.
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23 | | (3) "School" means a public or nonpublic elementary or |
24 | | secondary school
in Illinois, attendance at which satisfies the |
25 | | requirements of Section 26-1.
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26 | | (4) One and one-half miles distance. For the purposes of |
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1 | | this Section, 1
1/2 miles distance shall be measured in a |
2 | | manner consistent with Section 29-3.
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3 | | (5) Custodian. The term "custodian" shall mean, with |
4 | | respect to a
qualifying pupil, an Illinois resident who is the |
5 | | parent, or parents,
or legal guardian of such qualifying pupil.
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6 | | (c) An individual, resident of the State of Illinois, who |
7 | | is under
the age of 21 at the close of the
school year for which |
8 | | reimbursement is sought and who, during that school
year, was a |
9 | | full time pupil enrolled in a kindergarten through 12th grade
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10 | | educational program at a school which was within 1 1/2 miles of |
11 | | the pupil's
residence, measured in a manner consistent with |
12 | | Section 29-3, is a
"qualifying pupil" within the meaning of |
13 | | this Section if (i) such pupil attends public school in a |
14 | | school district organized under Article 34 of this Code and |
15 | | must walk or otherwise travel along a safe passage route, as |
16 | | designated by
the school board, to reach school or return home |
17 | | or
(ii) : (i) such pupil
did not have access to transportation |
18 | | provided entirely at public expense
to and from that school and |
19 | | the pupil's residence , and (ii) conditions were
such that |
20 | | walking would have constituted a serious hazard to the safety |
21 | | of
the pupil due to vehicular traffic. The determination of |
22 | | what constitutes
a serious safety hazard within the meaning of |
23 | | this subsection shall in each
case be made by the Department of |
24 | | Transportation in accordance with
guidelines which the |
25 | | Department, in consultation with the State
Superintendent of |
26 | | Education, shall promulgate. Each custodian intending to
file |
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1 | | an application for reimbursement under subsection (d) for |
2 | | expenditures
incurred or to be incurred with respect to a pupil |
3 | | asserted to be a
qualified pupil as an individual referred to |
4 | | in this subsection shall first
file with the appropriate |
5 | | regional superintendent, on forms provided by the
State Board |
6 | | of Education, a request for a determination that a serious
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7 | | safety hazard within the meaning of this subsection (c) exists |
8 | | with respect
to such pupil. Custodians shall file such forms |
9 | | with the appropriate
regional superintendents not later than |
10 | | February 1 of the school year for
which reimbursement will be |
11 | | sought for transmittal by the regional
superintendents to the |
12 | | Department of Transportation not later than February
15; except |
13 | | that any custodian who previously received a determination
that |
14 | | a serious safety hazard exists need not resubmit such a request |
15 | | for 4
years but instead may certify on their application for |
16 | | reimbursement to the State
Board of Education referred to in |
17 | | subsection (d), that the conditions found
to be hazardous, as |
18 | | previously determined by the Department, remain
unchanged. The |
19 | | Department shall make its determination on all requests so
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20 | | transmitted to it within 30 days, and shall thereupon forward |
21 | | notice of
each determination which it has made to the |
22 | | appropriate regional
superintendent for immediate transmittal |
23 | | to the custodian affected thereby.
The determination of the |
24 | | Department relative to what constitutes a serious
safety hazard |
25 | | within the meaning of subsection (c) with respect to any
pupil |
26 | | shall be deemed an "administrative decision" as defined in |
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1 | | Section
3-101 of the Administrative Review Law; and the |
2 | | Administrative Review Law
and all amendments and modifications |
3 | | thereof and rules adopted pursuant
thereto shall apply to and |
4 | | govern all proceedings instituted for the
judicial review of |
5 | | final administrative decisions of the Department of
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6 | | Transportation under this subsection.
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7 | | (d) Request for reimbursement. A custodian, including a
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8 | | custodian for a pupil asserted to be a qualified pupil as an |
9 | | individual
referred to in subsection (c), who applies in |
10 | | accordance
with procedures established by the State Board of |
11 | | Education shall be
reimbursed in accordance with the dollar |
12 | | limits set out in this Section.
Such procedures shall require |
13 | | application no later than June 30 of each
year, documentation |
14 | | as to eligibility, and adequate evidence of
expenditures; |
15 | | except that for reimbursement sought pursuant to subsection
(c) |
16 | | for the 1985-1986 school year, such procedures shall require
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17 | | application within 21 days after the determination of the |
18 | | Department of
Transportation with respect to that school year |
19 | | is transmitted by the
regional superintendent to the affected |
20 | | custodian. In the absence of
contemporaneous records, an |
21 | | affidavit by
the custodian may be accepted as evidence of an |
22 | | expenditure. If the amount
appropriated for such reimbursement |
23 | | for any year is less than the amount
due each custodian, it |
24 | | shall be apportioned on the basis of the requests
approved. |
25 | | Regional Superintendents shall be reimbursed for such costs of
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26 | | administering the program, including costs incurred in |
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1 | | administering the
provisions of subsection (c), as the State |
2 | | Board of Education determines are
reasonable and necessary.
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3 | | (e) Dollar limit on amount of reimbursement. Reimbursement |
4 | | to custodians
for transportation expenses incurred during the |
5 | | 1985-1986 school year,
payable in fiscal year 1987, shall be |
6 | | equal to the lesser of (1) the actual
qualified transportation |
7 | | expenses, or (2) $50 per pupil. Reimbursement to
custodians for |
8 | | transportation expenses incurred during the 1986-1987 school
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9 | | year, payable in fiscal year 1988, shall be equal to the lesser |
10 | | of (1) the
actual qualified transportation expenses, or (2) |
11 | | $100 per pupil. For
reimbursements of qualified transportation |
12 | | expenses incurred in 1987-1988
and thereafter, the amount of |
13 | | reimbursement shall not exceed the prior
year's State |
14 | | reimbursement per pupil for transporting pupils as required by
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15 | | Section 29-3 and other provisions of this Article.
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16 | | (f) Rules and regulations. The State Board of Education
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17 | | shall adopt rules to implement this Section.
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18 | | (g) The provisions of this amendatory Act of 1986 shall |
19 | | apply according to
their terms to the entire 1985-1986 school |
20 | | year, including any portion of
that school year which elapses |
21 | | prior to the effective date of this
amendatory Act, and to each |
22 | | subsequent school year.
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23 | | (h) The chief administrative officer of each school shall |
24 | | notify
custodians of qualifying pupils that reimbursements are |
25 | | available.
Notification shall occur by the first Monday in |
26 | | November of the school year
for which reimbursement is |