Illinois General Assembly - Full Text of Public Act 098-1057
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Public Act 098-1057


 

Public Act 1057 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-1057
 
HB3662 EnrolledLRB098 13301 NHT 47820 b

    AN ACT concerning education.
 
    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
29-5.2 as follows:
 
    (105 ILCS 5/29-5.2)  (from Ch. 122, par. 29-5.2)
    Sec. 29-5.2. Reimbursement of transportation.
    (a) Reimbursement. A custodian of a qualifying pupil shall
be entitled to reimbursement in accordance with procedures
established by the State Board of Education for qualified
transportation expenses paid by such custodian during the
school year.
    (b) Definitions. As used in this Section:
    (1) "Qualifying pupil" means an individual referred to in
subsection (c), as well as an individual who:
    (A) is a resident of the State of Illinois; and
    (B) is under the age of 21 at the close of the school year
for which reimbursement is sought; and
    (C) during the school year for which reimbursement is
sought was a full-time pupil enrolled in a kindergarten through
12th grade educational program at a school which was a distance
of 1 1/2 miles or more from the residence of such pupil; and
    (D) did not live within 1 1/2 miles from the school in
which the pupil was enrolled or have access to transportation
provided entirely at public expense to and from that school and
a point within 1 1/2 miles of the pupil's residence, measured
in a manner consistent with Section 29-3.
    (2) "Qualified transportation expenses" means costs
reasonably incurred by the custodian to transport, for the
purposes of attending regularly scheduled day-time classes, a
qualifying pupil between such qualifying pupil's residence and
the school at which such qualifying pupil is enrolled, as
limited in subsection (e) of this Section, and shall include
automobile expenses at the standard mileage rate allowed by the
United States Internal Revenue Service as reimbursement for
business transportation expense, as well as payments to mass
transit carriers, private carriers, and contractual fees for
transportation.
    (3) "School" means a public or nonpublic elementary or
secondary school in Illinois, attendance at which satisfies the
requirements of Section 26-1.
    (4) One and one-half miles distance. For the purposes of
this Section, 1 1/2 miles distance shall be measured in a
manner consistent with Section 29-3.
    (5) Custodian. The term "custodian" shall mean, with
respect to a qualifying pupil, an Illinois resident who is the
parent, or parents, or legal guardian of such qualifying pupil.
    (c) An individual, resident of the State of Illinois, who
is under the age of 21 at the close of the school year for which
reimbursement is sought and who, during that school year, was a
full time pupil enrolled in a kindergarten through 12th grade
educational program at a school which was within 1 1/2 miles of
the pupil's residence, measured in a manner consistent with
Section 29-3, is a "qualifying pupil" within the meaning of
this Section if (i) such pupil attends public school in a
school district organized under Article 34 of this Code and
must walk or otherwise travel along a safe passage route, as
designated by the school board, to reach school or return home
or (ii) : (i) such pupil did not have access to transportation
provided entirely at public expense to and from that school and
the pupil's residence, and (ii) conditions were such that
walking would have constituted a serious hazard to the safety
of the pupil due to vehicular traffic. The determination of
what constitutes a serious safety hazard within the meaning of
this subsection shall in each case be made by the Department of
Transportation in accordance with guidelines which the
Department, in consultation with the State Superintendent of
Education, shall promulgate. Each custodian intending to file
an application for reimbursement under subsection (d) for
expenditures incurred or to be incurred with respect to a pupil
asserted to be a qualified pupil as an individual referred to
in this subsection shall first file with the appropriate
regional superintendent, on forms provided by the State Board
of Education, a request for a determination that a serious
safety hazard within the meaning of this subsection (c) exists
with respect to such pupil. Custodians shall file such forms
with the appropriate regional superintendents not later than
February 1 of the school year for which reimbursement will be
sought for transmittal by the regional superintendents to the
Department of Transportation not later than February 15; except
that any custodian who previously received a determination that
a serious safety hazard exists need not resubmit such a request
for 4 years but instead may certify on their application for
reimbursement to the State Board of Education referred to in
subsection (d), that the conditions found to be hazardous, as
previously determined by the Department, remain unchanged. The
Department shall make its determination on all requests so
transmitted to it within 30 days, and shall thereupon forward
notice of each determination which it has made to the
appropriate regional superintendent for immediate transmittal
to the custodian affected thereby. The determination of the
Department relative to what constitutes a serious safety hazard
within the meaning of subsection (c) with respect to any pupil
shall be deemed an "administrative decision" as defined in
Section 3-101 of the Administrative Review Law; and the
Administrative Review Law and all amendments and modifications
thereof and 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 subsection.
    (d) Request for reimbursement. A custodian, including a
custodian for a pupil asserted to be a qualified pupil as an
individual referred to in subsection (c), who applies in
accordance with procedures established by the State Board of
Education shall be reimbursed in accordance with the dollar
limits set out in this Section. Such procedures shall require
application no later than June 30 of each year, documentation
as to eligibility, and adequate evidence of expenditures;
except that for reimbursement sought pursuant to subsection (c)
for the 1985-1986 school year, such procedures shall require
application within 21 days after the determination of the
Department of Transportation with respect to that school year
is transmitted by the regional superintendent to the affected
custodian. In the absence of contemporaneous records, an
affidavit by the custodian may be accepted as evidence of an
expenditure. If the amount appropriated for such reimbursement
for any year is less than the amount due each custodian, it
shall be apportioned on the basis of the requests approved.
Regional Superintendents shall be reimbursed for such costs of
administering the program, including costs incurred in
administering the provisions of subsection (c), as the State
Board of Education determines are reasonable and necessary.
    (e) Dollar limit on amount of reimbursement. Reimbursement
to custodians for transportation expenses incurred during the
1985-1986 school year, payable in fiscal year 1987, shall be
equal to the lesser of (1) the actual qualified transportation
expenses, or (2) $50 per pupil. Reimbursement to custodians for
transportation expenses incurred during the 1986-1987 school
year, payable in fiscal year 1988, shall be equal to the lesser
of (1) the actual qualified transportation expenses, or (2)
$100 per pupil. For reimbursements of qualified transportation
expenses incurred in 1987-1988 and thereafter, the amount of
reimbursement shall not exceed the prior year's State
reimbursement per pupil for transporting pupils as required by
Section 29-3 and other provisions of this Article.
    (f) Rules and regulations. The State Board of Education
shall adopt rules to implement this Section.
    (g) The provisions of this amendatory Act of 1986 shall
apply according to their terms to the entire 1985-1986 school
year, including any portion of that school year which elapses
prior to the effective date of this amendatory Act, and to each
subsequent school year.
    (h) The chief administrative officer of each school shall
notify custodians of qualifying pupils that reimbursements are
available. Notification shall occur by the first Monday in
November of the school year for which reimbursement is
available.
(Source: P.A. 91-357, eff. 7-29-99.)

Effective Date: 1/1/2015