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| 1 | AN ACT concerning education.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The School Code is amended by changing Section | ||||||
| 5 | 3-14.23 as follows:
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| 6 | (105 ILCS 5/3-14.23) (from Ch. 122, par. 3-14.23)
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| 7 | Sec. 3-14.23. School bus driver permits.
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| 8 | (a) To conduct courses
of instruction for school bus | ||||||
| 9 | drivers pursuant to the standards
established by the Secretary | ||||||
| 10 | of State under Section 6-106.1 of the
Illinois Vehicle Code and | ||||||
| 11 | to charge a fee based upon the cost of
providing such courses | ||||||
| 12 | of up to $6 per person for fiscal years 2010, 2011, and 2012; | ||||||
| 13 | up to $8 per person for fiscal years 2013, 2014, and 2015; and | ||||||
| 14 | up to $10 per person for fiscal year 2016 and each fiscal year | ||||||
| 15 | thereafter $4 per person for the initial
classroom course in | ||||||
| 16 | school bus driver safety and of up to $6 per person for fiscal | ||||||
| 17 | years 2010, 2011, and 2012; up to $8 per person for fiscal | ||||||
| 18 | years 2013, 2014, and 2015; and up to $10 per person for fiscal | ||||||
| 19 | year 2016 and each fiscal year thereafter up to $4 per
person | ||||||
| 20 | for the annual refresher course. The State Board of Education | ||||||
| 21 | shall
annually request such additional appropriation as may be | ||||||
| 22 | necessary to ensure
that adequate and sufficient training is | ||||||
| 23 | provided to all school bus drivers in
Illinois. This | ||||||
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| 1 | appropriation shall be used to supplement, not supplant,
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| 2 | programs conducted using fees received from applicants for | ||||||
| 3 | school bus driver
permits.
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| 4 | (b) To conduct such investigations
as may be necessary to | ||||||
| 5 | insure that all persons hired to operate school buses
have | ||||||
| 6 | valid school bus driver permits as required under Sections | ||||||
| 7 | 6-104 and
6-106.1 of "The Illinois Vehicle Code". If a regional | ||||||
| 8 | superintendent finds
evidence of non-compliance with this | ||||||
| 9 | requirement, he shall submit such
evidence together with his | ||||||
| 10 | recommendations in writing to the school board.
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| 11 | If the regional superintendent finds evidence of | ||||||
| 12 | noncompliance with the
requirement that all persons employed | ||||||
| 13 | directly by the school board to operate
school buses have valid | ||||||
| 14 | school bus driver permits as required under Sections
6-104 and | ||||||
| 15 | 6-106.1 of "The Illinois Vehicle Code", the regional | ||||||
| 16 | superintendent
shall schedule a hearing on a date not less than | ||||||
| 17 | 5 days nor more than 10
days after notifying the district of | ||||||
| 18 | his findings. If based on the
evidence presented at the hearing | ||||||
| 19 | the regional superintendent finds that
persons employed | ||||||
| 20 | directly by the school board to operate school buses do not
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| 21 | have
valid school bus driver permits as required under Sections | ||||||
| 22 | 6-104 and 6-106.1
of "The Illinois Vehicle Code", the regional | ||||||
| 23 | superintendent shall submit
such evidence and his findings | ||||||
| 24 | together with his recommendations to the
State Superintendent | ||||||
| 25 | of Education. The State Superintendent of Education
may reduce | ||||||
| 26 | the district's claim for reimbursement under Sections
29-5 and | ||||||
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| 1 | 14-13.01 for transportation by 1.136% for each day of
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| 2 | noncompliance.
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| 3 | If a school board finds evidence of noncompliance with the | ||||||
| 4 | requirement
that all persons employed by a contractor to | ||||||
| 5 | operate school buses have valid
school bus driver permits as | ||||||
| 6 | required under Sections 6-104 and 6-106.1 of
"The Illinois | ||||||
| 7 | Vehicle Code", the school board shall request a hearing before
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| 8 | the regional superintendent. The regional superintendent shall | ||||||
| 9 | schedule
a hearing on a date not less than 5 days nor more than | ||||||
| 10 | 10 days after receiving
the request. If based on the evidence | ||||||
| 11 | presented at the hearing the regional
superintendent finds that | ||||||
| 12 | persons employed by a contractor to operate school
buses do not | ||||||
| 13 | have valid school bus driver permits as required under Sections
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| 14 | 6-104 and 6-106.1 of "The Illinois Vehicle Code", the school | ||||||
| 15 | board's financial
obligations under the contract shall be | ||||||
| 16 | reduced by an amount equal to
1.136% for
each day of | ||||||
| 17 | noncompliance. The findings of the regional superintendent and
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| 18 | the relief provided herein shall not impair the obligations of | ||||||
| 19 | the contractor
to continue to provide transportation services | ||||||
| 20 | in accordance with the terms
of the contract.
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| 21 | The provisions of the Administrative Review Law, and all | ||||||
| 22 | amendments and
modifications thereof and the rules adopted | ||||||
| 23 | pursuant thereto shall apply
to and govern all proceedings | ||||||
| 24 | instituted for judicial review of final
administrative | ||||||
| 25 | decisions of the regional superintendent under this Section.
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| 26 | (Source: P.A. 90-811, eff. 1-26-99.)
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