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90_HB2802
105 ILCS 5/29-3 from Ch. 122, par. 29-3
Amends the School Code. Provides that school districts
providing free pupil transportation services for the first
time during fiscal years 1999-2000, 2000-2001, or 2001-2002
may receive State funding for those services for the first
such year in which those services are provided from a
separate appropriation made for that purpose. Establishes
the formula under which the amount of a district's funding is
determined and provides for quarterly payment of that amount
during the school year in which the transportation services
are provided. Effective immediately.
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LRB9010538THpk
1 AN ACT to amend the School Code by changing Section 29-3.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Section 29-3 as follows:
6 (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
7 Sec. 29-3. Transportation in school districts. School
8 boards of community consolidated districts, community unit
9 districts, consolidated districts, and consolidated high
10 school districts, and combined school districts if the
11 combined district includes any district which was previously
12 required to provide transportation, shall provide free
13 transportation for pupils residing at a distance of one and
14 one-half miles or more from any school to which they are
15 assigned for attendance maintained within the district except
16 for those pupils for whom the school board shall certify to
17 the State Board of Education that adequate transportation for
18 the public is available.
19 Districts providing free transportation services for the
20 first time will be allowed to receive funding during the
21 first year of operation from an appropriation designated for
22 such initial services during fiscal years 1999, 2000, and
23 2001. To qualify for that funding, the district must file a
24 notice of intent to provide free transportation indicating
25 the number of students to be transported no later than August
26 15 of the first year of operation. From the appropriation
27 for such initial services, the district will receive 4
28 quarterly payments based upon the number of students to be
29 transported multiplied by the average State reimbursement per
30 pupil transported paid to school districts under Section 29-5
31 for the prior year's regular transportation services.
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1 Vouchers for the quarterly payments shall be prepared and
2 transmitted by the State Board of Education to the State
3 Comptroller for payment on October 15, January 15, April 15
4 and July 15.
5 For the purpose of this Act 1 1/2 miles distance shall be
6 from the exit of the property where the pupil resides to the
7 point where pupils are normally unloaded at the school
8 attended; such distance shall be measured by determining the
9 shortest distance on normally traveled roads or streets.
10 Such school board may comply with the provisions of this
11 Section by providing free transportation for pupils to and
12 from an assigned school and a pick-up point located not more
13 than one and one-half miles from the home of each pupil
14 assigned to such point.
15 For the purposes of this Act "adequate transportation for
16 the public" shall be assumed to exist for such pupils as can
17 reach school by walking, one way, along normally traveled
18 roads or streets less than 1 1/2 miles irrespective of the
19 distance the pupil is transported by public transportation.
20 In addition to the other requirements of this Section,
21 each school board may provide free transportation for any
22 pupil residing within 1 1/2 miles from the school attended
23 where conditions are such that walking, either to or from the
24 school to which a pupil is assigned for attendance or to or
25 from a pick-up point or bus stop, constitutes a serious
26 hazard to the safety of the pupil due to vehicular traffic or
27 rail crossings. Such transportation shall not be provided if
28 adequate transportation for the public is available.
29 The determination as to what constitutes a serious safety
30 hazard shall be made by the school board, in accordance with
31 guidelines promulgated by the Illinois Department of
32 Transportation, in consultation with the State Superintendent
33 of Education. A school board, on written petition of the
34 parent or guardian of a pupil for whom adequate
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1 transportation for the public is alleged not to exist because
2 the pupil is required to walk along normally traveled roads
3 or streets where walking is alleged to constitute a serious
4 safety hazard due to vehicular traffic or rail crossings, or
5 who is required to walk between the pupil's home and assigned
6 school or between the pupil's home or assigned school and a
7 pick-up point or bus stop along roads or streets where
8 walking is alleged to constitute a serious safety hazard due
9 to vehicular traffic or rail crossings, shall conduct a study
10 and make findings, which the Department of Transportation
11 shall review and approve or disapprove as provided in this
12 Section, to determine whether a serious safety hazard exists
13 as alleged in the petition. The Department of Transportation
14 shall review the findings of the school board and shall
15 approve or disapprove the school board's determination that a
16 serious safety hazard exists within 30 days after the school
17 board submits its findings to the Department. The school
18 board shall annually review the conditions and certify to the
19 State Superintendent of Education whether or not the
20 hazardous conditions remain unchanged. The State
21 Superintendent of Education may request that the Illinois
22 Department of Transportation verify that the conditions have
23 not changed. No action shall lie against the school board,
24 the State Superintendent of Education or the Illinois
25 Department of Transportation for decisions made in accordance
26 with this Section. The provisions of the Administrative
27 Review Law and all amendments and modifications thereof and
28 the rules adopted pursuant thereto shall apply to and govern
29 all proceedings instituted for the judicial review of final
30 administrative decisions of the Department of Transportation
31 under this Section.
32 (Source: P.A. 90-223, eff. 1-1-98.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.