Full Text of SB2825 103rd General Assembly
SB2825 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2825 Introduced 1/19/2024, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/29-3 | from Ch. 122, par. 29-3 |
| Amends the Transportation Article of the School Code. In provisions requiring a school district to provide free transportation for pupils residing one and one-half miles or more from school, provides that a pupil's parent or guardian may designate more than one home for the pupil if the parent or guardian has shared custody of the pupil at a different address within the district. |
| |
| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
| |
| | A BILL FOR |
| | | | SB2825 | | LRB103 36736 RJT 66846 b |
|
| 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 | 18 | | transportation shall provide free transportation for pupils | 19 | | residing at a distance of one and one-half miles or more from | 20 | | any school to which they are assigned for attendance | 21 | | maintained within the district, except for those pupils for | 22 | | whom the school board shall certify to the State Board of | 23 | | Education that adequate transportation for the public is |
| | | SB2825 | - 2 - | LRB103 36736 RJT 66846 b |
|
| 1 | | available. | 2 | | For the purpose of this Act 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 | 9 | | from an assigned school and a pick-up point located not more | 10 | | than one and one-half miles from the home of each pupil | 11 | | assigned to such point. A pupil's parent or guardian may | 12 | | designate more than one home for the pupil for the purposes of | 13 | | this Section if the parent or guardian has shared custody of | 14 | | the pupil at a different address within the district. | 15 | | For the purposes of this Act "adequate transportation for | 16 | | the public" shall be assumed to exist for such pupils as can | 17 | | reach school by walking, one way, along normally traveled | 18 | | roads or streets less than 1 1/2 miles irrespective of the | 19 | | distance the pupil is transported by public transportation. | 20 | | In addition to the other requirements of this Section, | 21 | | each school board may provide free transportation for any | 22 | | pupil residing within 1 1/2 miles from the school attended | 23 | | where conditions are such that walking, either to or from the | 24 | | school to which a pupil is assigned for attendance or to or | 25 | | from a pick-up point or bus stop, constitutes a serious hazard | 26 | | to the safety of the pupil due to either (i) vehicular traffic |
| | | SB2825 | - 3 - | LRB103 36736 RJT 66846 b |
|
| 1 | | or rail crossings or (ii) a course or pattern of criminal | 2 | | activity, as defined in Section 10 of the Illinois Streetgang | 3 | | Terrorism Omnibus Prevention Act. Such transportation shall | 4 | | not be provided if adequate transportation for the public is | 5 | | available. | 6 | | The determination as to what constitutes a serious safety | 7 | | hazard shall be made by the school board, in accordance with | 8 | | guidelines promulgated by the Illinois Department of | 9 | | Transportation regarding vehicular traffic or rail crossings | 10 | | or in accordance with guidelines regarding a course or pattern | 11 | | of criminal activity, as determined by the local law | 12 | | enforcement agency, in consultation with the State | 13 | | Superintendent of Education. A school board, on written | 14 | | petition of the parent or guardian of a pupil for whom adequate | 15 | | transportation for the public is alleged not to exist because | 16 | | the pupil is required to walk along normally traveled roads or | 17 | | streets where walking is alleged to constitute a serious | 18 | | safety hazard due to either (i) vehicular traffic or rail | 19 | | crossings or (ii) a course or pattern of criminal activity, or | 20 | | who is required to walk between the pupil's home and assigned | 21 | | school or between the pupil's home or assigned school and a | 22 | | pick-up point or bus stop along roads or streets where walking | 23 | | is alleged to constitute a serious safety hazard due to either | 24 | | (i) vehicular traffic or rail crossings or (ii) a course or | 25 | | pattern of criminal activity, shall conduct a study and make | 26 | | findings, which the Department of Transportation, with respect |
| | | SB2825 | - 4 - | LRB103 36736 RJT 66846 b |
|
| 1 | | to vehicular traffic or rail crossings, or the State Board of | 2 | | Education, in consultation with the local law enforcement | 3 | | agency, with respect to a course or pattern of criminal | 4 | | activity, shall review and approve or disapprove as provided | 5 | | in this Section, to determine whether a serious safety hazard | 6 | | exists as alleged in the petition. The Department of | 7 | | Transportation shall review the findings of the school board | 8 | | concerning vehicular traffic or rail crossings and shall | 9 | | approve or disapprove the school board's determination that a | 10 | | serious safety hazard exists within 30 days after the school | 11 | | board submits its findings to the Department of | 12 | | Transportation. The State Board of Education, in consultation | 13 | | with the local law enforcement agency, shall review the | 14 | | findings of the school board concerning a course or pattern of | 15 | | criminal activity and shall approve or disapprove the school | 16 | | board's determination that a serious safety hazard exists | 17 | | within 30 days after the school board submits its findings to | 18 | | the State Board. The school board shall annually review the | 19 | | conditions and determine whether or not the hazardous | 20 | | conditions remain unchanged. The State Superintendent of | 21 | | Education may request that the Illinois Department of | 22 | | Transportation or the local law enforcement agency verify that | 23 | | the conditions have not changed. No action shall lie against | 24 | | the school board, the State Superintendent of Education, the | 25 | | Illinois Department of Transportation, the State Board of | 26 | | Education, or a local law enforcement agency for decisions |
| | | SB2825 | - 5 - | LRB103 36736 RJT 66846 b |
|
| 1 | | made in accordance with this Section. The provisions of the | 2 | | Administrative Review Law and all amendments and modifications | 3 | | thereof and the rules adopted pursuant thereto shall apply to | 4 | | and govern all proceedings instituted for the judicial review | 5 | | of final administrative decisions of the Department of | 6 | | Transportation, the State Board of Education, or a local law | 7 | | enforcement agency under this Section. At all points, except | 8 | | when otherwise mentioned in this Section, the local | 9 | | enforcement agency is authorized to determine what constitutes | 10 | | a course or pattern of criminal activity. | 11 | | The changes made to this Section by this amendatory Act of | 12 | | the 100th General Assembly do not apply to a school district | 13 | | organized under Article 34 of this Code. | 14 | | (Source: P.A. 100-1142, eff. 11-28-18.) |
|