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Public Act 100-1142 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
29-3 as follows:
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(105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
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Sec. 29-3. Transportation in school districts. School | ||||
boards
of community consolidated districts, community unit
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districts, consolidated districts, consolidated high school
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districts, optional elementary unit districts, combined high | ||||
school - unit districts, combined school districts if the | ||||
combined district
includes any district which was previously | ||||
required to provide
transportation, and any newly created | ||||
elementary or high school districts resulting from a high | ||||
school - unit conversion, a unit to dual conversion, or a | ||||
multi-unit conversion if the newly created district includes | ||||
any area that 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
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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.
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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.
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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.
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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.
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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 either (i) vehicular traffic or rail | ||
crossings or (ii) a course or pattern of criminal activity, as | ||
defined in Section 10 of the Illinois Streetgang Terrorism | ||
Omnibus Prevention Act . Such transportation shall not
be | ||
provided if adequate transportation for the public is |
available.
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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 regarding vehicular traffic or rail crossings | ||
or in accordance with guidelines regarding a course or pattern | ||
of criminal activity, as determined by the local law | ||
enforcement agency , in consultation with the State
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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 either (i) vehicular traffic or rail crossings or | ||
(ii) a course or pattern of criminal activity , 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 either (i) | ||
vehicular traffic or rail
crossings or (ii) a course or pattern | ||
of criminal activity , shall conduct a
study and make findings, | ||
which the Department of Transportation , with respect to | ||
vehicular traffic or rail crossings, or the State Board of | ||
Education, in consultation with the local law enforcement | ||
agency, with respect to a course or pattern of criminal | ||
activity, 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 | ||
concerning vehicular traffic or rail crossings 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 of Transportation . | ||
The State Board of Education, in consultation with the local | ||
law enforcement agency, shall review the findings of the school | ||
board concerning a course or pattern of criminal activity 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 State Board. The | ||
school board
shall annually review the conditions and determine | ||
whether or not the hazardous conditions remain unchanged. The
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State Superintendent of Education may request that the Illinois | ||
Department
of Transportation or the local law enforcement | ||
agency verify that the conditions have not changed. No action
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shall lie against the school board, the State Superintendent of | ||
Education ,
or the Illinois Department of Transportation , the | ||
State Board of Education, or a local law enforcement agency 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
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shall apply to and govern all proceedings instituted for the | ||
judicial
review of final administrative decisions of the |
Department of
Transportation , the State Board of Education, or | ||
a local law enforcement agency under this Section. At all | ||
points, except when otherwise mentioned in this Section, the | ||
local enforcement agency is authorized to determine what | ||
constitutes a course or pattern of criminal activity.
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The changes made to this Section by this amendatory Act of | ||
the 100th General Assembly do not apply to a school district | ||
organized under Article 34 of this Code. | ||
(Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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