Full Text of SB0052 99th General Assembly
SB0052 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0052 Introduced 1/15/2015, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/29-3 | from Ch. 122, par. 29-3 |
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Amends the Transportation Article of the School Code. Provides that a significant risk of violent crime constitutes a serious safety hazard. Provides that the Department of State Police shall review the findings of the school board concerning a significant risk of violent crime and shall approve or disapprove the school board's determination that a serious safety hazard exists within 30 days after the school board submits its findings to the Department. Provides that the Department may be requested to verify that the conditions have not changed. Provides that no action shall lie against the Department for decisions made in accordance with this amendatory Act. Provides that the Administration Review Law shall apply to and govern all proceedings instituted for the judicial review of final administrative decisions of the Department. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 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
| 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.
| 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.
| 11 | | For the purposes of this Act "adequate transportation for | 12 | | the public"
shall be assumed to exist for such pupils as can | 13 | | reach school by
walking, one way, along normally traveled roads | 14 | | or streets
less than 1
1/2 miles irrespective of the distance | 15 | | the
pupil is transported by public transportation.
| 16 | | In addition to the other requirements of this Section, each | 17 | | school board may
provide free transportation for any pupil | 18 | | residing within 1 1/2 miles from the
school attended where | 19 | | conditions are such that walking, either to or from the
school | 20 | | to which a pupil is assigned for attendance or to or from a | 21 | | pick-up
point or bus stop, constitutes a serious hazard to the | 22 | | safety of the pupil
due to either (i) vehicular traffic or rail | 23 | | crossings or (ii) a significant risk of violent crime . Such | 24 | | transportation shall not
be provided if adequate | 25 | | transportation for the public is available.
| 26 | | The determination as to what constitutes a serious safety |
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| 1 | | hazard shall
be made by the school board, in accordance with | 2 | | guidelines promulgated by
the Illinois Department of | 3 | | Transportation regarding vehicular traffic or rail crossings | 4 | | or in accordance with guidelines adopted by the Department of | 5 | | State Police regarding a significant risk of violent crime , in | 6 | | consultation with the State
Superintendent of Education. A | 7 | | school board, on written petition of the
parent or guardian of | 8 | | a pupil for whom adequate transportation for the public
is | 9 | | alleged not to exist because the pupil is required to walk | 10 | | along normally
traveled roads or streets where walking is | 11 | | alleged to constitute a serious
safety hazard due to either (i) | 12 | | vehicular traffic or rail crossings or (ii) a significant risk | 13 | | of violent crime , or who is required to
walk between the
| 14 | | pupil's home and assigned school or between the pupil's home or | 15 | | assigned school
and a pick-up point or bus stop along roads or | 16 | | streets where walking is alleged
to constitute a serious safety | 17 | | hazard due to either (i) vehicular traffic or rail
crossings or | 18 | | (ii) a significant risk of violent crime , shall conduct a
study | 19 | | and make findings, which the Department of Transportation , with | 20 | | respect to vehicular traffic or rail crossings, or the | 21 | | Department of State Police, with respect to a significant risk | 22 | | of violent crime, shall review
and approve
or disapprove as | 23 | | provided in this Section, to determine whether a serious
safety | 24 | | hazard exists as alleged in the petition. The
Department of | 25 | | Transportation shall review
the findings of the school board | 26 | | concerning vehicular traffic or rail crossings and shall |
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| 1 | | approve or disapprove the school
board's determination that a | 2 | | serious safety hazard exists within 30 days
after the school | 3 | | board submits its findings to the Department of Transportation . | 4 | | The Department of State Police shall review the findings of the | 5 | | school board concerning a significant risk of violent crime and | 6 | | shall approve or disapprove the school board's determination | 7 | | that a serious safety hazard exists within 30 days after the | 8 | | school board submits its findings to the Department of State | 9 | | Police. The school board
shall annually review the conditions | 10 | | and determine whether or not the hazardous conditions remain | 11 | | unchanged. The
State Superintendent of Education may request | 12 | | that the Illinois Department
of Transportation or the | 13 | | Department of State Police verify that the conditions have not | 14 | | changed. No action
shall lie against the school board, the | 15 | | State Superintendent of Education ,
or the Illinois Department | 16 | | of Transportation , or the Department of State Police for | 17 | | decisions made in accordance
with this Section. The provisions | 18 | | of the Administrative Review Law and all
amendments and | 19 | | modifications thereof and the rules adopted pursuant thereto
| 20 | | shall apply to and govern all proceedings instituted for the | 21 | | judicial
review of final administrative decisions of the | 22 | | Department of
Transportation or the Department of State Police | 23 | | under this Section.
| 24 | | (Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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