Full Text of HB0675 94th General Assembly
HB0675 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0675
Introduced 1/31/2005, by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/29-2 |
from Ch. 122, par. 29-2 |
105 ILCS 5/29-3 |
from Ch. 122, par. 29-3 |
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Amends the
Transportation Article of the School Code. Requires a school board to
provide free transportation for a pupil residing within one and one-half
miles from school if conditions are such that walking constitutes a
serious hazard to the safety of the pupil (now allowed if the hazard
is due to vehicular traffic or rail crossings). Provides that guidelines as
to what constitutes a serious safety hazard shall be adopted by the State Superintendent of Education (in consultation with the Department of
Transportation with regard to vehicular traffic or rail crossings).
Provides that the State Superintendent of Education, in consultation with
the Department of Transportation with regard to vehicular traffic or rail
crossings, shall review and approve or disapprove a school board's
determination that a serious safety hazard exists (now the
Department of Transportation makes the review and approves or
disapproves the determination).
Makes
related changes.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB0675 |
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| AN ACT concerning schools.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing
Sections | 5 |
| 29-2 and 29-3 as follows:
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| (105 ILCS 5/29-2) (from Ch. 122, par. 29-2)
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| Sec. 29-2. Transportation of pupils less than one and | 8 |
| one-half miles from
school.
School boards
may provide | 9 |
| transportation for pupils living less than one
and one-half | 10 |
| miles as measured by the customary route of travel from the
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| school attended and , unless required to provide free | 12 |
| transportation under
Section 29-3 of this Code, may make a | 13 |
| charge for such transportation in an
amount
of not to exceed | 14 |
| the cost thereof, which shall include a reasonable
allowance | 15 |
| for depreciation of the vehicles so used.
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| (Source: Laws 1961, p. 31.)
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| (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
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| Sec. 29-3. Transportation in school districts. School | 19 |
| boards
of community consolidated districts, community unit
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| districts, consolidated districts, and consolidated high | 21 |
| school
districts, and combined school districts if the combined | 22 |
| district
includes any district which was previously required to | 23 |
| provide
transportation, shall provide free transportation
for | 24 |
| pupils residing at a distance of one and one-half miles or more | 25 |
| from
any school to which they are assigned for attendance | 26 |
| maintained within the
district except for those pupils for whom | 27 |
| the school board shall certify to
the State Board of Education | 28 |
| that adequate transportation for the public is
available.
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| For the purpose of this Act 1 1/2 miles distance shall be | 30 |
| from the exit
of the property where the pupil resides to the | 31 |
| point where pupils are normally
unloaded at the school |
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| attended; such distance shall be measured by determining
the | 2 |
| shortest distance on normally traveled roads or streets.
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| Such school board may comply with the provisions of this | 4 |
| Section by
providing free transportation for pupils to and from | 5 |
| an assigned school
and a pick-up point located not more than | 6 |
| one and one-half miles from
the home of each pupil assigned to | 7 |
| such point.
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| For the purposes of this Act "adequate transportation for | 9 |
| the public"
shall be assumed to exist for such pupils as can | 10 |
| reach school by
walking, one way, along normally traveled roads | 11 |
| or streets
less than 1
1/2 miles irrespective of the distance | 12 |
| the
pupil is transported by public transportation.
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| In addition to the other requirements of this Section, each | 14 |
| school board
shall
may
provide free transportation for any | 15 |
| pupil residing within 1 1/2 miles from the
school attended | 16 |
| where conditions are such that walking, either to or from the
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| school to which a pupil is assigned for attendance or to or | 18 |
| from a pick-up
point or bus stop, constitutes a serious hazard | 19 |
| to the safety of the pupil
due to vehicular traffic or rail | 20 |
| crossings or due to other hazards (including without limitation | 21 |
| illegal drug or gang activity) . Such
transportation shall not
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| be provided if adequate transportation for the public is | 23 |
| available.
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| The determination as to what constitutes a serious safety | 25 |
| hazard shall
be made by the school board, in accordance with | 26 |
| guidelines promulgated by
the State Superintendent of | 27 |
| Education, in consultation with the
Illinois Department of
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| Transportation with regard to vehicular traffic and rail | 29 |
| crossings , in consultation with the
State
Superintendent of | 30 |
| Education . A school board, on written petition of the
parent or | 31 |
| guardian of a pupil for whom adequate transportation for the | 32 |
| public
is alleged not to exist because the pupil is required to | 33 |
| walk along normally
traveled roads or streets where walking is | 34 |
| alleged to constitute a serious
safety hazard due to vehicular | 35 |
| traffic or rail crossings , or who is
required to
walk between | 36 |
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pupil's home and assigned school or between the pupil's |
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| home or assigned school
and a pick-up point or bus stop along | 2 |
| roads or streets where walking is alleged
to constitute a | 3 |
| serious safety hazard due to vehicular traffic or rail
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| crossings , shall conduct a
study and make findings, which the | 5 |
| State Superintendent of Education, in
consultation with the
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| Department of Transportation
with regard to vehicular traffic | 7 |
| or rail crossings,
shall review
and approve
or disapprove as | 8 |
| provided in this Section, to determine whether a serious
safety | 9 |
| hazard exists as alleged in the petition. The State | 10 |
| Superintendent of Education, in consultation with the
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| Department of Transportation
with regard to vehicular traffic | 12 |
| or rail crossings,
shall review
the findings of the school | 13 |
| board and shall approve or disapprove the school
board's | 14 |
| determination that a serious safety hazard exists within 30 | 15 |
| days
after the school board submits its findings to the State | 16 |
| Superintendent of Education
Department . The school board
shall | 17 |
| annually review the conditions and certify to the
State
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| Superintendent
of
Education whether or not the hazardous | 19 |
| conditions remain
unchanged. The
State
Superintendent of
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| Education may request
that the Illinois Department
of | 21 |
| Transportation verify that the
conditions with regard to | 22 |
| vehicular
traffic or rail crossings
have not changed. No action
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| shall lie against the school board,
the State Superintendent of | 24 |
| Education
or the Illinois Department of Transportation for | 25 |
| decisions made in
accordance
with this Section. The provisions | 26 |
| of the Administrative Review Law and all
amendments and | 27 |
| modifications thereof and the rules adopted pursuant thereto
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| shall apply to and govern all proceedings instituted for the | 29 |
| judicial
review of final administrative decisions of the State | 30 |
| Superintendent of Education
Department of
Transportation under | 31 |
| this Section.
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| (Source: P.A. 90-223, eff. 1-1-98.)
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