Public Act 90-0223 of the 90th General Assembly
Public Act 90-0223
SB558 Enrolled LRB9002822THpk
AN ACT to amend the School Code by changing Section 29-3.
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 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. 83-1311.)