Illinois General Assembly - Full Text of HB5159
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Full Text of HB5159  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. Marcus C. Evans, Jr.


105 ILCS 5/29-3  from Ch. 122, par. 29-3

    Amends the Transportation Article of the School Code. Requires school boards for various school districts to cover the transit fees for free transportation for pupils residing at a distance of one and one-half miles or more from any school to which they are assigned for attendance maintained within the districts. Makes conforming changes. Effective July 1, 2023.

LRB102 25068 CMG 34328 b





HB5159LRB102 25068 CMG 34328 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
529-3 as follows:
6    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
7    Sec. 29-3. Transportation in school districts. School
8boards of community consolidated districts, community unit
9districts, consolidated districts, consolidated high school
10districts, optional elementary unit districts, combined high
11school - unit districts, combined school districts if the
12combined district includes any district which was previously
13required to provide transportation, and any newly created
14elementary or high school districts resulting from a high
15school - unit conversion, a unit to dual conversion, or a
16multi-unit conversion if the newly created district includes
17any area that was previously required to provide
18transportation shall provide, or cover the transit fees of,
19free transportation for pupils residing at a distance of one
20and one-half miles or more from any school to which they are
21assigned for attendance maintained within the district, except
22for those pupils for whom the school board shall certify to the
23State Board of Education that adequate transportation for the



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1public is available.
2    For the purpose of this Act 1 1/2 miles distance shall be
3from the exit of the property where the pupil resides to the
4point where pupils are normally unloaded at the school
5attended; such distance shall be measured by determining the
6shortest distance on normally traveled roads or streets.
7    Such school board may comply with the provisions of this
8Section by providing free transportation for pupils to and
9from an assigned school and a pick-up point located not more
10than one and one-half miles from the home of each pupil
11assigned to such point.
12    For the purposes of this Act "adequate transportation for
13the public" shall be assumed to exist for such pupils as can
14reach school by walking, one way, along normally traveled
15roads or streets less than 1 1/2 miles irrespective of the
16distance the pupil is transported by public transportation.
17    In addition to the other requirements of this Section,
18each school board may provide free transportation for any
19pupil residing within 1 1/2 miles from the school attended
20where conditions are such that walking, either to or from the
21school to which a pupil is assigned for attendance or to or
22from a pick-up point or bus stop, constitutes a serious hazard
23to the safety of the pupil due to either (i) vehicular traffic
24or rail crossings or (ii) a course or pattern of criminal
25activity, as defined in Section 10 of the Illinois Streetgang
26Terrorism Omnibus Prevention Act. Such transportation shall



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1not be provided if adequate transportation for the public is
3    The determination as to what constitutes a serious safety
4hazard shall be made by the school board, in accordance with
5guidelines promulgated by the Illinois Department of
6Transportation regarding vehicular traffic or rail crossings
7or in accordance with guidelines regarding a course or pattern
8of criminal activity, as determined by the local law
9enforcement agency, in consultation with the State
10Superintendent of Education. A school board, on written
11petition of the parent or guardian of a pupil for whom adequate
12transportation for the public is alleged not to exist because
13the pupil is required to walk along normally traveled roads or
14streets where walking is alleged to constitute a serious
15safety hazard due to either (i) vehicular traffic or rail
16crossings or (ii) a course or pattern of criminal activity, or
17who is required to walk between the pupil's home and assigned
18school or between the pupil's home or assigned school and a
19pick-up point or bus stop along roads or streets where walking
20is alleged to constitute a serious safety hazard due to either
21(i) vehicular traffic or rail crossings or (ii) a course or
22pattern of criminal activity, shall conduct a study and make
23findings, which the Department of Transportation, with respect
24to vehicular traffic or rail crossings, or the State Board of
25Education, in consultation with the local law enforcement
26agency, with respect to a course or pattern of criminal



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1activity, shall review and approve or disapprove as provided
2in this Section, to determine whether a serious safety hazard
3exists as alleged in the petition. The Department of
4Transportation shall review the findings of the school board
5concerning vehicular traffic or rail crossings and shall
6approve or disapprove the school board's determination that a
7serious safety hazard exists within 30 days after the school
8board submits its findings to the Department of
9Transportation. The State Board of Education, in consultation
10with the local law enforcement agency, shall review the
11findings of the school board concerning a course or pattern of
12criminal activity and shall approve or disapprove the school
13board's determination that a serious safety hazard exists
14within 30 days after the school board submits its findings to
15the State Board. The school board shall annually review the
16conditions and determine whether or not the hazardous
17conditions remain unchanged. The State Superintendent of
18Education may request that the Illinois Department of
19Transportation or the local law enforcement agency verify that
20the conditions have not changed. No action shall lie against
21the school board, the State Superintendent of Education, the
22Illinois Department of Transportation, the State Board of
23Education, or a local law enforcement agency for decisions
24made in accordance with this Section. The provisions of the
25Administrative Review Law and all amendments and modifications
26thereof and the rules adopted pursuant thereto shall apply to



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1and govern all proceedings instituted for the judicial review
2of final administrative decisions of the Department of
3Transportation, the State Board of Education, or a local law
4enforcement agency under this Section. At all points, except
5when otherwise mentioned in this Section, the local
6enforcement agency is authorized to determine what constitutes
7a course or pattern of criminal activity.
8    The changes made to this Section by this amendatory Act of
9the 100th General Assembly do not apply to a school district
10organized under Article 34 of this Code.
11(Source: P.A. 100-1142, eff. 11-28-18.)
12    Section 99. Effective date. This Act takes effect July 1,