Full Text of HB0332 99th General Assembly
HB0332ham001 99TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/10/2015
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| 1 | | AMENDMENT TO HOUSE BILL 332
| 2 | | AMENDMENT NO. ______. Amend House Bill 332 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 29-3 as follows:
| 6 | | (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
| 7 | | Sec. 29-3. Transportation in school districts. School | 8 | | boards
of community consolidated districts, community unit
| 9 | | districts, consolidated districts, consolidated high school
| 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 |
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| 1 | | any area that was previously required to provide transportation | 2 | | shall provide free transportation
for pupils residing at a | 3 | | distance of one and one-half miles or more from
any school to | 4 | | which they are assigned for attendance maintained within the
| 5 | | district, except for those pupils for whom the school board | 6 | | shall certify to
the State Board of Education that adequate | 7 | | transportation for the public is
available.
| 8 | | For the purpose of this Act 1 1/2 miles distance shall be | 9 | | from the exit
of the property where the pupil resides to the | 10 | | point where pupils are normally
unloaded at the school | 11 | | attended; such distance shall be measured by determining
the | 12 | | shortest distance on normally traveled roads or streets.
| 13 | | Such school board may comply with the provisions of this | 14 | | Section by
providing free transportation for pupils to and from | 15 | | an assigned school
and a pick-up point located not more than | 16 | | one and one-half miles from
the home of each pupil assigned to | 17 | | such point.
| 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.
| 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 either (i) vehicular traffic or rail | 4 | | crossings or (ii) a significant risk of violent crime . Such | 5 | | transportation shall not
be provided if adequate | 6 | | transportation for the public is available.
| 7 | | The determination as to what constitutes a serious safety | 8 | | hazard shall
be made by the school board, in accordance with | 9 | | guidelines promulgated by
the Illinois Department of | 10 | | Transportation regarding vehicular traffic or rail crossings | 11 | | or in accordance with guidelines adopted by the Department of | 12 | | State Police regarding a significant risk of violent crime , in | 13 | | consultation with the State
Superintendent of Education. A | 14 | | school board, on written petition of the
parent or guardian of | 15 | | a pupil for whom adequate transportation for the public
is | 16 | | alleged not to exist because the pupil is required to walk | 17 | | along normally
traveled roads or streets where walking is | 18 | | alleged to constitute a serious
safety hazard due to either (i) | 19 | | vehicular traffic or rail crossings or (ii) a significant risk | 20 | | of violent crime , or who is required to
walk between the
| 21 | | pupil's home and assigned school or between the pupil's home or | 22 | | assigned school
and a pick-up point or bus stop along roads or | 23 | | streets where walking is alleged
to constitute a serious safety | 24 | | hazard due to either (i) vehicular traffic or rail
crossings or | 25 | | (ii) a significant risk of violent crime , shall conduct a
study | 26 | | and make findings, which the Department of Transportation , with |
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| 1 | | respect to vehicular traffic or rail crossings, or the local | 2 | | law enforcement agency, with respect to a significant risk of | 3 | | violent crime, shall review
and approve
or disapprove as | 4 | | provided in this Section, to determine whether a serious
safety | 5 | | hazard exists as alleged in the petition. The
Department of | 6 | | Transportation shall review
the findings of the school board | 7 | | concerning vehicular traffic or rail crossings and shall | 8 | | approve or disapprove the school
board's determination that a | 9 | | serious safety hazard exists within 30 days
after the school | 10 | | board submits its findings to the Department of Transportation . | 11 | | The local law enforcement agency shall review the findings of | 12 | | the school board concerning a significant risk of violent crime | 13 | | 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 local | 16 | | law enforcement agency. The school board
shall annually review | 17 | | the conditions and determine whether or not the hazardous | 18 | | conditions remain unchanged. The
State Superintendent of | 19 | | Education may request that the Illinois Department
of | 20 | | Transportation or the local law enforcement agency verify that | 21 | | the conditions have not changed. No action
shall lie against | 22 | | the school board, the State Superintendent of Education ,
or the | 23 | | Illinois Department of Transportation , or a local law | 24 | | enforcement agency for decisions made in accordance
with this | 25 | | Section. The provisions of the Administrative Review Law and | 26 | | all
amendments and modifications thereof and the rules adopted |
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| 1 | | pursuant thereto
shall apply to and govern all proceedings | 2 | | instituted for the judicial
review of final administrative | 3 | | decisions of the Department of
Transportation or a local law | 4 | | enforcement agency under this Section.
| 5 | | (Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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