Full Text of HB1279 98th General Assembly
HB1279 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1279 Introduced , by Rep. Darlene J. Senger SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/12-11.5 | from Ch. 122, par. 12-11.5 | 105 ILCS 5/29-2 | from Ch. 122, par. 29-2 | 105 ILCS 5/29-3 | from Ch. 122, par. 29-3 | 105 ILCS 5/29-4 | from Ch. 122, par. 29-4 | 105 ILCS 5/29-5 | from Ch. 122, par. 29-5 | 105 ILCS 5/29-5.2 | from Ch. 122, par. 29-5.2 |
| Amends the Transportation Article of the School Code. Provides that a school board shall provide free transportation for pupils residing at a distance of 2 miles (instead of one and one-half miles) or more from school. Makes related changes in provisions concerning non-high school districts, the transportation of pupils less than that distance from school, pupils attending a charter school or nonpublic school, reimbursement by the State for transportation, and reimbursement of a custodian of a qualifying pupil for transportation expenses paid by the custodian. Effective July 1, 2013.
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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 Sections | 5 | | 12-11.5, 29-2, 29-3, 29-4, 29-5, and 29-5.2 as follows:
| 6 | | (105 ILCS 5/12-11.5) (from Ch. 122, par. 12-11.5)
| 7 | | Sec. 12-11.5. Transportation of pupils. If in the | 8 | | discretion of the board of education sufficient moneys of the
| 9 | | district are available after payment of the other expenses of | 10 | | the district,
including tuition, may provide free | 11 | | transportation for the pupils of their
district not living | 12 | | within 2 one and one-half miles of a high school which
they may | 13 | | lawfully attend to the most convenient high school which such
| 14 | | pupils may lawfully attend under the provisions of this Act, or | 15 | | reimburse
pupils living in a portion of such district which | 16 | | cannot be reached by bus
or train for the reasonable cost of | 17 | | their transportation, or for the amount
necessarily expended by | 18 | | them for transportation in attending a high school
approved by | 19 | | such board.
| 20 | | (Source: Laws 1961, p. 31.)
| 21 | | (105 ILCS 5/29-2) (from Ch. 122, par. 29-2)
| 22 | | Sec. 29-2. Transportation of pupils less than 2 one and |
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| 1 | | one-half miles from school.
School boards may provide | 2 | | transportation for pupils living less than 2 one
and one-half | 3 | | miles as measured by the customary route of travel from the
| 4 | | school attended and may make a charge for such transportation | 5 | | in an amount
of not to exceed the cost thereof, which shall | 6 | | include a reasonable
allowance for depreciation of the vehicles | 7 | | so used. | 8 | | (Source: Laws 1961, p. 31.)
| 9 | | (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
| 10 | | Sec. 29-3. Transportation in school districts. School | 11 | | boards
of community consolidated districts, community unit
| 12 | | districts, consolidated districts, consolidated high school
| 13 | | districts, optional elementary unit districts, combined high | 14 | | school - unit districts, combined school districts if the | 15 | | combined district
includes any district which was previously | 16 | | required to provide
transportation, and any newly created | 17 | | elementary or high school districts resulting from a high | 18 | | school - unit conversion, a unit to dual conversion, or a | 19 | | multi-unit conversion if the newly created district includes | 20 | | any area that was previously required to provide transportation | 21 | | shall provide free transportation
for pupils residing at a | 22 | | distance of 2 one and one-half miles or more from
any school to | 23 | | which they are assigned for attendance maintained within the
| 24 | | district, except for those pupils for whom the school board | 25 | | shall certify to
the State Board of Education that adequate |
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| 1 | | transportation for the public is
available.
| 2 | | For the purpose of this Act 2 1 1/2 miles distance shall be | 3 | | from the exit
of the property where the pupil resides to the | 4 | | point where pupils are normally
unloaded at the school | 5 | | attended; such distance shall be measured by determining
the | 6 | | shortest distance on normally traveled roads or streets.
| 7 | | Such school board may comply with the provisions of this | 8 | | Section by
providing free transportation for pupils to and from | 9 | | an assigned school
and a pick-up point located not more than 2 | 10 | | one and one-half miles from
the home of each pupil assigned to | 11 | | such point.
| 12 | | For the purposes of this Act "adequate transportation for | 13 | | the public"
shall be assumed to exist for such pupils as can | 14 | | reach school by
walking, one way, along normally traveled roads | 15 | | or streets
less than 2 1
1/2 miles irrespective of the distance | 16 | | the
pupil is transported by public transportation.
| 17 | | In addition to the other requirements of this Section, each | 18 | | school board may
provide free transportation for any pupil | 19 | | residing within 2 1 1/2 miles from the
school attended where | 20 | | conditions are such that walking, either to or from the
school | 21 | | to which a pupil is assigned for attendance or to or from a | 22 | | pick-up
point or bus stop, constitutes a serious hazard to the | 23 | | safety of the pupil
due to vehicular traffic or rail crossings. | 24 | | Such 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, in consultation with the State
Superintendent | 4 | | of Education. A school board, on written petition of the
parent | 5 | | or guardian of a pupil for whom adequate transportation for the | 6 | | public
is alleged not to exist because the pupil is required to | 7 | | walk along normally
traveled roads or streets where walking is | 8 | | alleged to constitute a serious
safety hazard due to vehicular | 9 | | traffic or rail crossings, or who is required to
walk between | 10 | | the
pupil's home and assigned school or between the pupil's | 11 | | home or assigned school
and a pick-up point or bus stop along | 12 | | roads or streets where walking is alleged
to constitute a | 13 | | serious safety hazard due to vehicular traffic or rail
| 14 | | crossings, shall conduct a
study and make findings, which the | 15 | | Department of Transportation shall review
and approve
or | 16 | | disapprove as provided in this Section, to determine whether a | 17 | | serious
safety hazard exists as alleged in the petition. The
| 18 | | Department of Transportation shall review
the findings of the | 19 | | school board and shall approve or disapprove the school
board's | 20 | | determination that a serious safety hazard exists within 30 | 21 | | days
after the school board submits its findings to the | 22 | | Department. The school board
shall annually review the | 23 | | conditions and determine whether or not the hazardous | 24 | | conditions remain unchanged. The
State Superintendent of | 25 | | Education may request that the Illinois Department
of | 26 | | Transportation verify that the conditions have not changed. No |
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| 1 | | action
shall lie against the school board, the State | 2 | | Superintendent of Education
or the Illinois Department of | 3 | | Transportation for decisions made in accordance
with this | 4 | | Section. The provisions of the Administrative Review Law and | 5 | | all
amendments and modifications thereof and the rules adopted | 6 | | pursuant thereto
shall apply to and govern all proceedings | 7 | | instituted for the judicial
review of final administrative | 8 | | decisions of the Department of
Transportation under this | 9 | | Section.
| 10 | | (Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
| 11 | | (105 ILCS 5/29-4) (from Ch. 122, par. 29-4)
| 12 | | Sec. 29-4. Pupils attending a charter school or nonpublic | 13 | | school. The school
board of any school district that provides | 14 | | any school bus or conveyance
for transporting pupils to and | 15 | | from the public schools shall afford
transportation, without | 16 | | cost, for children who attend a charter school or
any school | 17 | | other
than a public school, who reside at least 2 1 1/2 miles | 18 | | from the school
attended, and who reside on or along the | 19 | | highway constituting the
regular route of such public school | 20 | | bus or conveyance, such
transportation to extend from some | 21 | | point on the regular route nearest or
most easily accessible to | 22 | | their homes to and from the school attended,
or to or from a | 23 | | point on such regular route which is nearest or most
easily | 24 | | accessible to the school attended by such children. Nothing
| 25 | | herein shall be construed to prevent high school districts from
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| 1 | | transporting public or non-public elementary school pupils on a | 2 | | regular
route where deemed appropriate. The elementary | 3 | | district in which such
pupils reside shall enter into a | 4 | | contractual agreement with the high
school district providing | 5 | | the service, make payments accordingly, and
make claims to the | 6 | | State in the amount of such contractual payments.
The person in | 7 | | charge of any charter school or school other than a public
| 8 | | school shall
certify on a form to be provided by the State | 9 | | Superintendent of Education,
the names and addresses of pupils | 10 | | transported and when such
pupils were in attendance at the | 11 | | school. If any such children reside
within 2 1 1/2 miles from | 12 | | the school attended, the school board shall
afford such | 13 | | transportation to such children on the same basis as it
| 14 | | provides transportation for its own pupils residing within that | 15 | | distance
from the school attended.
| 16 | | Nothing herein shall be construed to preclude a school | 17 | | district from
operating separate regular bus routes, subject to | 18 | | the limitations of
this Section, for the benefit of children | 19 | | who attend a charter school or
any school other
than a public | 20 | | school where the operation of such routes is safer, more
| 21 | | economical and more efficient than if such school district were
| 22 | | precluded from operating separate regular bus routes.
| 23 | | If a school district is required by this Section to afford
| 24 | | transportation without cost for any child who is not a resident | 25 | | of the
district, the school district providing such | 26 | | transportation is entitled
to reimbursement from the school |
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| 1 | | district in which the child resides for
the cost of furnishing | 2 | | that transportation, including a reasonable
allowance for | 3 | | depreciation on each vehicle so used. The school district
where | 4 | | the child resides shall reimburse the district providing the
| 5 | | transportation for such costs, by the 10th of each month or on | 6 | | such less
frequent schedule as may be agreed to by the 2 school | 7 | | districts.
| 8 | | (Source: P.A. 91-407, eff. 8-3-99.)
| 9 | | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | 10 | | Sec. 29-5. Reimbursement by State for transportation. Any | 11 | | school
district, maintaining a school, transporting resident | 12 | | pupils to another
school district's vocational program, | 13 | | offered through a joint agreement
approved by the State Board | 14 | | of Education, as provided in Section
10-22.22 or transporting | 15 | | its resident pupils to a school which meets the
standards for | 16 | | recognition as established by the State Board of Education
| 17 | | which provides transportation meeting the standards of safety, | 18 | | comfort,
convenience, efficiency and operation prescribed by | 19 | | the State Board of
Education for resident pupils in | 20 | | kindergarten or any of grades 1 through
12 who: (a) reside at | 21 | | least 2 1 1/2 miles as measured by the customary route of
| 22 | | travel, from the school attended; or (b) reside in areas where | 23 | | conditions are
such that walking constitutes a hazard to the | 24 | | safety of the child when
determined under Section 29-3; and (c) | 25 | | are transported to the school attended
from pick-up points at |
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| 1 | | the beginning of the school day and back again at the
close of | 2 | | the school day or transported to and from their assigned | 3 | | attendance
centers during the school day, shall be reimbursed | 4 | | by the State as hereinafter
provided in this Section.
| 5 | | The State will pay the cost of transporting eligible pupils | 6 | | less the
assessed valuation in a dual school district | 7 | | maintaining secondary
grades 9 to 12 inclusive times a | 8 | | qualifying rate of .05%; in elementary
school districts | 9 | | maintaining grades K to 8 times a qualifying rate of
.06%; and | 10 | | in unit districts maintaining grades K to 12, including | 11 | | optional elementary unit districts and combined high school - | 12 | | unit districts, times a qualifying
rate of .07%; provided that | 13 | | for optional elementary unit districts and combined high school - | 14 | | unit districts, assessed valuation for high school purposes, | 15 | | as defined in Article 11E of this Code, must be used. To be | 16 | | eligible to receive reimbursement in excess of 4/5
of the cost | 17 | | to transport eligible pupils, a school district shall have a
| 18 | | Transportation Fund tax rate of at least .12%. If a school | 19 | | district
does not have a .12% Transportation Fund tax rate, the | 20 | | amount of its
claim in excess of 4/5 of the cost of | 21 | | transporting pupils shall be
reduced by the sum arrived at by | 22 | | subtracting the Transportation Fund tax
rate from .12% and | 23 | | multiplying that amount by the districts equalized or
assessed | 24 | | valuation, provided, that in no case shall said reduction
| 25 | | result in reimbursement of less than 4/5 of the cost to | 26 | | transport
eligible pupils.
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| 1 | | The minimum amount to be received by a district is $16 | 2 | | times the
number of eligible pupils transported.
| 3 | | When calculating the reimbursement for transportation | 4 | | costs, the State Board of Education may not deduct the number | 5 | | of pupils enrolled in early education programs from the number | 6 | | of pupils eligible for reimbursement if the pupils enrolled in | 7 | | the early education programs are transported at the same time | 8 | | as other eligible pupils.
| 9 | | Any such district transporting resident pupils during the | 10 | | school day
to an area vocational school or another school | 11 | | district's vocational
program more than 2 1 1/2 miles from the | 12 | | school attended, as provided in
Sections 10-22.20a and | 13 | | 10-22.22, shall be reimbursed by the State for 4/5
of the cost | 14 | | of transporting eligible pupils.
| 15 | | School day means that period of time which the pupil is | 16 | | required to be
in attendance for instructional purposes.
| 17 | | If a pupil is at a location within the school district | 18 | | other than his
residence for child care purposes at the time | 19 | | for transportation to school,
that location may be considered | 20 | | for purposes of determining the 2 1 1/2 miles
from the school | 21 | | attended.
| 22 | | Claims for reimbursement that include children who attend | 23 | | any school
other than a public school shall show the number of | 24 | | such children
transported.
| 25 | | Claims for reimbursement under this Section shall not be | 26 | | paid for the
transportation of pupils for whom transportation |
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| 1 | | costs are claimed for
payment under other Sections of this Act.
| 2 | | The allowable direct cost of transporting pupils for | 3 | | regular, vocational,
and special education pupil | 4 | | transportation shall be limited to the sum of
the cost of | 5 | | physical examinations required for employment as a school bus
| 6 | | driver; the salaries of full or part-time drivers and school | 7 | | bus maintenance
personnel; employee benefits excluding | 8 | | Illinois municipal retirement
payments, social security | 9 | | payments, unemployment insurance payments and
workers' | 10 | | compensation insurance premiums; expenditures to independent
| 11 | | carriers who operate school buses; payments to other school | 12 | | districts for
pupil transportation services; pre-approved | 13 | | contractual expenditures for
computerized bus scheduling; the | 14 | | cost of gasoline, oil, tires, and other
supplies necessary for | 15 | | the operation of school buses; the cost of
converting buses' | 16 | | gasoline engines to more fuel efficient engines or to
engines | 17 | | which use alternative energy sources; the cost of travel to
| 18 | | meetings and workshops conducted by the regional | 19 | | superintendent or the
State Superintendent of Education | 20 | | pursuant to the standards established by
the Secretary of State | 21 | | under Section 6-106 of the Illinois Vehicle Code to improve the | 22 | | driving skills of
school bus drivers; the cost of maintenance | 23 | | of school buses including parts
and materials used; | 24 | | expenditures for leasing transportation vehicles,
except | 25 | | interest and service charges; the cost of insurance and | 26 | | licenses for
transportation vehicles; expenditures for the |
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| 1 | | rental of transportation
equipment; plus a depreciation | 2 | | allowance of 20% for 5 years for school
buses and vehicles | 3 | | approved for transporting pupils to and from school and
a | 4 | | depreciation allowance of 10% for 10 years for other | 5 | | transportation
equipment so used.
Each school year, if a school | 6 | | district has made expenditures to the
Regional Transportation | 7 | | Authority or any of its service boards, a mass
transit | 8 | | district, or an urban transportation district under an
| 9 | | intergovernmental agreement with the district to provide for | 10 | | the
transportation of pupils and if the public transit carrier | 11 | | received direct
payment for services or passes from a school | 12 | | district within its service
area during the 2000-2001 school | 13 | | year, then the allowable direct cost of
transporting pupils for | 14 | | regular, vocational, and special education pupil
| 15 | | transportation shall also include the expenditures that the | 16 | | district has
made to the public transit carrier.
In addition to | 17 | | the above allowable costs school
districts shall also claim all | 18 | | transportation supervisory salary costs,
including Illinois | 19 | | municipal retirement payments, and all transportation
related | 20 | | building and building maintenance costs without limitation.
| 21 | | Special education allowable costs shall also include | 22 | | expenditures for the
salaries of attendants or aides for that | 23 | | portion of the time they assist
special education pupils while | 24 | | in transit and expenditures for parents and
public carriers for | 25 | | transporting special education pupils when pre-approved
by the | 26 | | State Superintendent of Education.
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| 1 | | Indirect costs shall be included in the reimbursement claim | 2 | | for districts
which own and operate their own school buses. | 3 | | Such indirect costs shall
include administrative costs, or any | 4 | | costs attributable to transporting
pupils from their | 5 | | attendance centers to another school building for
| 6 | | instructional purposes. No school district which owns and | 7 | | operates its own
school buses may claim reimbursement for | 8 | | indirect costs which exceed 5% of
the total allowable direct | 9 | | costs for pupil transportation.
| 10 | | The State Board of Education shall prescribe uniform | 11 | | regulations for
determining the above standards and shall | 12 | | prescribe forms of cost
accounting and standards of determining | 13 | | reasonable depreciation. Such
depreciation shall include the | 14 | | cost of equipping school buses with the
safety features | 15 | | required by law or by the rules, regulations and standards
| 16 | | promulgated by the State Board of Education, and the Department | 17 | | of
Transportation for the safety and construction of school | 18 | | buses provided,
however, any equipment cost reimbursed by the | 19 | | Department of Transportation
for equipping school buses with | 20 | | such safety equipment shall be deducted
from the allowable cost | 21 | | in the computation of reimbursement under this
Section in the | 22 | | same percentage as the cost of the equipment is depreciated.
| 23 | | On or before August 15, annually, the chief school | 24 | | administrator for
the district shall certify to the State | 25 | | Superintendent of Education the
district's claim for | 26 | | reimbursement for the school year ending on June 30
next |
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| 1 | | preceding. The State Superintendent of Education shall check | 2 | | and
approve the claims and prepare the vouchers showing the | 3 | | amounts due for
district reimbursement claims. Each fiscal | 4 | | year, the State
Superintendent of Education shall prepare and | 5 | | transmit the first 3
vouchers to the Comptroller on the 30th | 6 | | day of September, December and
March, respectively, and the | 7 | | final voucher, no later than June 20.
| 8 | | If the amount appropriated for transportation | 9 | | reimbursement is insufficient
to fund total claims for any | 10 | | fiscal year, the State Board of Education shall
reduce each | 11 | | school district's allowable costs and flat grant amount
| 12 | | proportionately to make total adjusted claims equal the total | 13 | | amount
appropriated.
| 14 | | For purposes of calculating claims for reimbursement under | 15 | | this Section
for any school year beginning July 1, 1998, or | 16 | | thereafter, the
equalized
assessed valuation for a school | 17 | | district used to compute reimbursement
shall be computed in the | 18 | | same manner as it is computed under paragraph (2) of
subsection | 19 | | (G) of Section 18-8.05.
| 20 | | All reimbursements received from the State shall be | 21 | | deposited into the
district's transportation fund or into the | 22 | | fund from which the allowable
expenditures were made.
| 23 | | Notwithstanding any other provision of law, any school | 24 | | district receiving
a payment under this Section or under | 25 | | Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may | 26 | | classify all or a portion of the funds that it
receives in a |
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| 1 | | particular fiscal year or from general State aid pursuant to
| 2 | | Section 18-8.05 of this Code
as funds received in connection | 3 | | with any funding program for which it is
entitled to receive | 4 | | funds from the State in that fiscal year (including,
without | 5 | | limitation, any funding program referenced in this Section),
| 6 | | regardless of the source or timing of the receipt. The district | 7 | | may not
classify more funds as funds received in connection | 8 | | with the funding
program than the district is entitled to | 9 | | receive in that fiscal year for that
program. Any
| 10 | | classification by a district must be made by a resolution of | 11 | | its board of
education. The resolution must identify the amount | 12 | | of any payments or
general State aid to be classified under | 13 | | this paragraph and must specify
the funding program to which | 14 | | the funds are to be treated as received in
connection | 15 | | therewith. This resolution is controlling as to the
| 16 | | classification of funds referenced therein. A certified copy of | 17 | | the
resolution must be sent to the State Superintendent of | 18 | | Education.
The resolution shall still take effect even though a | 19 | | copy of the resolution has
not been sent to the State
| 20 | | Superintendent of Education in a timely manner.
No
| 21 | | classification under this paragraph by a district shall affect | 22 | | the total amount
or timing of money the district is entitled to | 23 | | receive under this Code.
No classification under this paragraph | 24 | | by a district shall
in any way relieve the district from or | 25 | | affect any
requirements that otherwise would apply with respect | 26 | | to
that funding program, including any
accounting of funds by |
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| 1 | | source, reporting expenditures by
original source and purpose,
| 2 | | reporting requirements,
or requirements of providing services.
| 3 | | Any school district with a population of not more than | 4 | | 500,000
must deposit all funds received under this Article into | 5 | | the transportation
fund and use those funds for the provision | 6 | | of transportation services.
| 7 | | (Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
| 8 | | (105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2)
| 9 | | Sec. 29-5.2. Reimbursement of transportation.
| 10 | | (a) Reimbursement. A
custodian of a qualifying pupil shall | 11 | | be entitled to reimbursement in
accordance with procedures | 12 | | established by the State Board of Education for
qualified | 13 | | transportation expenses paid by such custodian during the | 14 | | school
year.
| 15 | | (b) Definitions. As used in this Section:
| 16 | | (1) "Qualifying pupil" means an individual referred to in | 17 | | subsection
(c), as well as an individual who:
| 18 | | (A) is a resident of the State of Illinois; and
| 19 | | (B) is under the age of 21 at the close of the school year | 20 | | for which
reimbursement is sought; and
| 21 | | (C) during the school year for which reimbursement is | 22 | | sought was a
full-time pupil enrolled in a kindergarten through | 23 | | 12th grade educational
program at a school which was a distance | 24 | | of 2 1 1/2 miles or more from the
residence of such pupil; and
| 25 | | (D) did not live within 2 1 1/2 miles from the school in |
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| 1 | | which the pupil
was enrolled or have access to transportation | 2 | | provided entirely at public
expense to and from that school and | 3 | | a point within 2 1 1/2 miles of the
pupil's residence, measured | 4 | | in a manner consistent with Section 29-3.
| 5 | | (2) "Qualified transportation expenses" means costs | 6 | | reasonably incurred
by the custodian to transport, for the | 7 | | purposes of attending regularly
scheduled day-time classes, a | 8 | | qualifying pupil between such qualifying
pupil's residence and | 9 | | the school at which such qualifying pupil is
enrolled, as | 10 | | limited in subsection (e) of this Section, and shall include
| 11 | | automobile expenses at the standard mileage rate allowed by the | 12 | | United States
Internal Revenue Service as reimbursement for | 13 | | business transportation
expense, as well as payments to mass | 14 | | transit carriers, private carriers,
and contractual fees for | 15 | | transportation.
| 16 | | (3) "School" means a public or nonpublic elementary or | 17 | | secondary school
in Illinois, attendance at which satisfies the | 18 | | requirements of Section 26-1.
| 19 | | (4) Two One and one-half miles distance. For the purposes | 20 | | of this Section, 2 1
1/2 miles distance shall be measured in a | 21 | | manner consistent with Section 29-3.
| 22 | | (5) Custodian. The term "custodian" shall mean, with | 23 | | respect to a
qualifying pupil, an Illinois resident who is the | 24 | | parent, or parents,
or legal guardian of such qualifying pupil.
| 25 | | (c) An individual, resident of the State of Illinois, who | 26 | | is under
the age of 21 at the close of the
school year for which |
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| 1 | | reimbursement is sought and who, during that school
year, was a | 2 | | full time pupil enrolled in a kindergarten through 12th grade
| 3 | | educational program at a school which was within 2 1 1/2 miles | 4 | | of the pupil's
residence, measured in a manner consistent with | 5 | | Section 29-3, is a
"qualifying pupil" within the meaning of | 6 | | this Section if: (i) such pupil
did not have access to | 7 | | transportation provided entirely at public expense
to and from | 8 | | that school and the pupil's residence, and (ii) conditions were
| 9 | | such that walking would have constituted a serious hazard to | 10 | | the safety of
the pupil due to vehicular traffic. The | 11 | | determination of what constitutes
a serious safety hazard | 12 | | within the meaning of this subsection shall in each
case be | 13 | | made by the Department of Transportation in accordance with
| 14 | | guidelines which the Department, in consultation with the State
| 15 | | Superintendent of Education, shall promulgate. Each custodian | 16 | | intending to
file an application for reimbursement under | 17 | | subsection (d) for expenditures
incurred or to be incurred with | 18 | | respect to a pupil asserted to be a
qualified pupil as an | 19 | | individual referred to in this subsection shall first
file with | 20 | | the appropriate regional superintendent, on forms provided by | 21 | | the
State Board of Education, a request for a determination | 22 | | that a serious
safety hazard within the meaning of this | 23 | | subsection (c) exists with respect
to such pupil. Custodians | 24 | | shall file such forms with the appropriate
regional | 25 | | superintendents not later than February 1 of the school year | 26 | | for
which reimbursement will be sought for transmittal by the |
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| 1 | | regional
superintendents to the Department of Transportation | 2 | | not later than February
15; except that any custodian who | 3 | | previously received a determination
that a serious safety | 4 | | hazard exists need not resubmit such a request for 4
years but | 5 | | instead may certify on their application for reimbursement to | 6 | | the State
Board of Education referred to in subsection (d), | 7 | | that the conditions found
to be hazardous, as previously | 8 | | determined by the Department, remain
unchanged. The Department | 9 | | shall make its determination on all requests so
transmitted to | 10 | | it within 30 days, and shall thereupon forward notice of
each | 11 | | determination which it has made to the appropriate regional
| 12 | | superintendent for immediate transmittal to the custodian | 13 | | affected thereby.
The determination of the Department relative | 14 | | to what constitutes a serious
safety hazard within the meaning | 15 | | of subsection (c) with respect to any
pupil shall be deemed an | 16 | | "administrative decision" as defined in Section
3-101 of the | 17 | | Administrative Review Law; and the Administrative Review Law
| 18 | | and all amendments and modifications thereof and rules adopted | 19 | | pursuant
thereto shall apply to and govern all proceedings | 20 | | instituted for the
judicial review of final administrative | 21 | | decisions of the Department of
Transportation under this | 22 | | subsection.
| 23 | | (d) Request for reimbursement. A custodian, including a
| 24 | | custodian for a pupil asserted to be a qualified pupil as an | 25 | | individual
referred to in subsection (c), who applies in | 26 | | accordance
with procedures established by the State Board of |
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| 1 | | Education shall be
reimbursed in accordance with the dollar | 2 | | limits set out in this Section.
Such procedures shall require | 3 | | application no later than June 30 of each
year, documentation | 4 | | as to eligibility, and adequate evidence of
expenditures; | 5 | | except that for reimbursement sought pursuant to subsection
(c) | 6 | | for the 1985-1986 school year, such procedures shall require
| 7 | | application within 21 days after the determination of the | 8 | | Department of
Transportation with respect to that school year | 9 | | is transmitted by the
regional superintendent to the affected | 10 | | custodian. In the absence of
contemporaneous records, an | 11 | | affidavit by
the custodian may be accepted as evidence of an | 12 | | expenditure. If the amount
appropriated for such reimbursement | 13 | | for any year is less than the amount
due each custodian, it | 14 | | shall be apportioned on the basis of the requests
approved. | 15 | | Regional Superintendents shall be reimbursed for such costs of
| 16 | | administering the program, including costs incurred in | 17 | | administering the
provisions of subsection (c), as the State | 18 | | Board of Education determines are
reasonable and necessary.
| 19 | | (e) Dollar limit on amount of reimbursement. Reimbursement | 20 | | to custodians
for transportation expenses incurred during the | 21 | | 1985-1986 school year,
payable in fiscal year 1987, shall be | 22 | | equal to the lesser of (1) the actual
qualified transportation | 23 | | expenses, or (2) $50 per pupil. Reimbursement to
custodians for | 24 | | transportation expenses incurred during the 1986-1987 school
| 25 | | year, payable in fiscal year 1988, shall be equal to the lesser | 26 | | of (1) the
actual qualified transportation expenses, or (2) |
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| 1 | | $100 per pupil. For
reimbursements of qualified transportation | 2 | | expenses incurred in 1987-1988
and thereafter, the amount of | 3 | | reimbursement shall not exceed the prior
year's State | 4 | | reimbursement per pupil for transporting pupils as required by
| 5 | | Section 29-3 and other provisions of this Article.
| 6 | | (f) Rules and regulations. The State Board of Education
| 7 | | shall adopt rules to implement this Section.
| 8 | | (g) The provisions of this amendatory Act of 1986 shall | 9 | | apply according to
their terms to the entire 1985-1986 school | 10 | | year, including any portion of
that school year which elapses | 11 | | prior to the effective date of this
amendatory Act, and to each | 12 | | subsequent school year.
| 13 | | (h) The chief administrative officer of each school shall | 14 | | notify
custodians of qualifying pupils that reimbursements are | 15 | | available.
Notification shall occur by the first Monday in | 16 | | November of the school year
for which reimbursement is | 17 | | available.
| 18 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 19 | | Section 99. Effective date. This Act takes effect July 1, | 20 | | 2013.
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