Public Act 094-0439
 
HB3680 Enrolled LRB094 05821 LJB 35875 b

    AN ACT concerning schools.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
29-3 as follows:
 
    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
    Sec. 29-3. Transportation in school districts. School
boards of community consolidated districts, community unit
districts, consolidated districts, and consolidated high
school districts, and combined school districts if the combined
district includes any district which was previously required to
provide transportation, shall provide 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 district except for those pupils for whom
the school board shall certify to the State Board of Education
that adequate transportation for the public is available.
    For the purpose of this Act 1 1/2 miles distance shall be
from the exit of the property where the pupil resides to the
point where pupils are normally unloaded at the school
attended; such distance shall be measured by determining the
shortest distance on normally traveled roads or streets.
    Such school board may comply with the provisions of this
Section by providing free transportation for pupils to and from
an assigned school and a pick-up point located not more than
one and one-half miles from the home of each pupil assigned to
such point.
    For the purposes of this Act "adequate transportation for
the public" shall be assumed to exist for such pupils as can
reach school by walking, one way, along normally traveled roads
or streets less than 1 1/2 miles irrespective of the distance
the pupil is transported by public transportation.
    In addition to the other requirements of this Section, each
school board may provide free transportation for any pupil
residing within 1 1/2 miles from the school attended where
conditions are such that walking, either to or from the school
to which a pupil is assigned for attendance or to or from a
pick-up point or bus stop, constitutes a serious hazard to the
safety of the pupil due to vehicular traffic or rail crossings.
Such transportation shall not be provided if adequate
transportation for the public is available.
    The determination as to what constitutes a serious safety
hazard shall be made by the school board, in accordance with
guidelines promulgated by the Illinois Department of
Transportation, in consultation with the State Superintendent
of Education. A school board, on written petition of the parent
or guardian of a pupil for whom adequate transportation for the
public is alleged not to exist because the pupil is required to
walk along normally traveled roads or streets where walking is
alleged to constitute a serious safety hazard due to vehicular
traffic or rail crossings, or who is required to walk between
the pupil's home and assigned school or between the pupil's
home or assigned school and a pick-up point or bus stop along
roads or streets where walking is alleged to constitute a
serious safety hazard due to vehicular traffic or rail
crossings, shall conduct a study and make findings, which the
Department of Transportation shall review and approve or
disapprove as provided in this Section, to determine whether a
serious safety hazard exists as alleged in the petition. The
Department of Transportation shall review the findings of the
school board 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. The school board shall annually review the
conditions and determine certify to the State Superintendent of
Education whether or not the hazardous conditions remain
unchanged. The State Superintendent of Education may request
that the Illinois Department of Transportation verify that the
conditions have not changed. No action shall lie against the
school board, the State Superintendent of Education or the
Illinois Department of Transportation for decisions made in
accordance with this Section. The provisions of the
Administrative Review Law and all amendments and modifications
thereof and the rules adopted pursuant thereto shall apply to
and govern all proceedings instituted for the judicial review
of final administrative decisions of the Department of
Transportation under this Section.
(Source: P.A. 90-223, eff. 1-1-98.)
 
    Section 99. Effective date. This Act takes effect July 1,
2005.

Effective Date: 8/4/2005