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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 Sections | ||||||||||||||||||||||||||||||||
5 | 29-2, 29-3, 29-4, 29-5, and 29-5.2 as follows:
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6 | (105 ILCS 5/29-2) (from Ch. 122, par. 29-2)
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7 | Sec. 29-2. Transportation of pupils less than 2 one and | ||||||||||||||||||||||||||||||||
8 | one-half miles from school.
School boards may provide | ||||||||||||||||||||||||||||||||
9 | transportation for pupils living less than 2 one
and one-half | ||||||||||||||||||||||||||||||||
10 | miles as measured by the customary route of travel from the
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11 | school attended and may make a charge for such transportation | ||||||||||||||||||||||||||||||||
12 | in an amount
of not to exceed the cost thereof, which shall | ||||||||||||||||||||||||||||||||
13 | include a reasonable
allowance for depreciation of the vehicles | ||||||||||||||||||||||||||||||||
14 | so used. | ||||||||||||||||||||||||||||||||
15 | (Source: Laws 1961, p. 31.)
| ||||||||||||||||||||||||||||||||
16 | (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
| ||||||||||||||||||||||||||||||||
17 | Sec. 29-3. Transportation in school districts. School | ||||||||||||||||||||||||||||||||
18 | boards
of community consolidated districts, community unit
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19 | districts, consolidated districts, consolidated high school
| ||||||||||||||||||||||||||||||||
20 | districts, optional elementary unit districts, combined high | ||||||||||||||||||||||||||||||||
21 | school - unit districts, combined school districts if the | ||||||||||||||||||||||||||||||||
22 | combined district
includes any district which was previously |
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| |||||||
1 | required to provide
transportation, and any newly created | ||||||
2 | elementary or high school districts resulting from a high | ||||||
3 | school - unit conversion, a unit to dual conversion, or a | ||||||
4 | multi-unit conversion if the newly created district includes | ||||||
5 | any area that was previously required to provide transportation | ||||||
6 | shall provide free transportation
for pupils residing at a | ||||||
7 | distance of 2 one and one-half miles or more from
any school to | ||||||
8 | which they are assigned for attendance maintained within the
| ||||||
9 | district, except for those pupils for whom the school board | ||||||
10 | shall certify to
the State Board of Education that adequate | ||||||
11 | transportation for the public is
available.
| ||||||
12 | For the purpose of this Act 2 1 1/2 miles distance shall be | ||||||
13 | from the exit
of the property where the pupil resides to the | ||||||
14 | point where pupils are normally
unloaded at the school | ||||||
15 | attended; such distance shall be measured by determining
the | ||||||
16 | shortest distance on normally traveled roads or streets.
| ||||||
17 | Such school board may comply with the provisions of this | ||||||
18 | Section by
providing free transportation for pupils to and from | ||||||
19 | an assigned school
and a pick-up point located not more than 2 | ||||||
20 | one and one-half miles from
the home of each pupil assigned to | ||||||
21 | such point.
| ||||||
22 | For the purposes of this Act "adequate transportation for | ||||||
23 | the public"
shall be assumed to exist for such pupils as can | ||||||
24 | reach school by
walking, one way, along normally traveled roads | ||||||
25 | or streets
less than 2 1
1/2 miles irrespective of the distance | ||||||
26 | the
pupil is transported by public transportation.
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| |||||||
1 | In addition to the other requirements of this Section, each | ||||||
2 | school board may
provide free transportation for any pupil | ||||||
3 | residing within 2 1 1/2 miles from the
school attended where | ||||||
4 | conditions are such that walking, either to or from the
school | ||||||
5 | to which a pupil is assigned for attendance or to or from a | ||||||
6 | pick-up
point or bus stop, constitutes a serious hazard to the | ||||||
7 | safety of the pupil
due to vehicular traffic or rail crossings. | ||||||
8 | Such transportation shall not
be provided if adequate | ||||||
9 | transportation for the public is available.
| ||||||
10 | The determination as to what constitutes a serious safety | ||||||
11 | hazard shall
be made by the school board, in accordance with | ||||||
12 | guidelines promulgated by
the Illinois Department of | ||||||
13 | Transportation, in consultation with the State
Superintendent | ||||||
14 | of Education. A school board, on written petition of the
parent | ||||||
15 | or guardian of a pupil for whom adequate transportation for the | ||||||
16 | public
is alleged not to exist because the pupil is required to | ||||||
17 | walk along normally
traveled roads or streets where walking is | ||||||
18 | alleged to constitute a serious
safety hazard due to vehicular | ||||||
19 | traffic or rail crossings, or who is required to
walk between | ||||||
20 | the
pupil's home and assigned school or between the pupil's | ||||||
21 | home or assigned school
and a pick-up point or bus stop along | ||||||
22 | roads or streets where walking is alleged
to constitute a | ||||||
23 | serious safety hazard due to vehicular traffic or rail
| ||||||
24 | crossings, shall conduct a
study and make findings, which the | ||||||
25 | Department of Transportation shall review
and approve
or | ||||||
26 | disapprove as provided in this Section, to determine whether a |
| |||||||
| |||||||
1 | serious
safety hazard exists as alleged in the petition. The
| ||||||
2 | Department of Transportation shall review
the findings of the | ||||||
3 | school board and shall approve or disapprove the school
board's | ||||||
4 | determination that a serious safety hazard exists within 30 | ||||||
5 | days
after the school board submits its findings to the | ||||||
6 | Department. The school board
shall annually review the | ||||||
7 | conditions and determine whether or not the hazardous | ||||||
8 | conditions remain unchanged. The
State Superintendent of | ||||||
9 | Education may request that the Illinois Department
of | ||||||
10 | Transportation verify that the conditions have not changed. No | ||||||
11 | action
shall lie against the school board, the State | ||||||
12 | Superintendent of Education
or the Illinois Department of | ||||||
13 | Transportation for decisions made in accordance
with this | ||||||
14 | Section. The provisions of the Administrative Review Law and | ||||||
15 | all
amendments and modifications thereof and the rules adopted | ||||||
16 | pursuant thereto
shall apply to and govern all proceedings | ||||||
17 | instituted for the judicial
review of final administrative | ||||||
18 | decisions of the Department of
Transportation under this | ||||||
19 | Section.
| ||||||
20 | (Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
| ||||||
21 | (105 ILCS 5/29-4) (from Ch. 122, par. 29-4)
| ||||||
22 | Sec. 29-4. Pupils attending a charter school or nonpublic | ||||||
23 | school. The school
board of any school district that provides | ||||||
24 | any school bus or conveyance
for transporting pupils to and | ||||||
25 | from the public schools shall afford
transportation, without |
| |||||||
| |||||||
1 | cost, for children who attend a charter school or
any school | ||||||
2 | other
than a public school, who reside at least 2 1 1/2 miles | ||||||
3 | from the school
attended, and who reside on or along the | ||||||
4 | highway constituting the
regular route of such public school | ||||||
5 | bus or conveyance, such
transportation to extend from some | ||||||
6 | point on the regular route nearest or
most easily accessible to | ||||||
7 | their homes to and from the school attended,
or to or from a | ||||||
8 | point on such regular route which is nearest or most
easily | ||||||
9 | accessible to the school attended by such children. Nothing
| ||||||
10 | herein shall be construed to prevent high school districts from
| ||||||
11 | transporting public or non-public elementary school pupils on a | ||||||
12 | regular
route where deemed appropriate. The elementary | ||||||
13 | district in which such
pupils reside shall enter into a | ||||||
14 | contractual agreement with the high
school district providing | ||||||
15 | the service, make payments accordingly, and
make claims to the | ||||||
16 | State in the amount of such contractual payments.
The person in | ||||||
17 | charge of any charter school or school other than a public
| ||||||
18 | school shall
certify on a form to be provided by the State | ||||||
19 | Superintendent of Education,
the names and addresses of pupils | ||||||
20 | transported and when such
pupils were in attendance at the | ||||||
21 | school. If any such children reside
within 2 1 1/2 miles from | ||||||
22 | the school attended, the school board shall
afford such | ||||||
23 | transportation to such children on the same basis as it
| ||||||
24 | provides transportation for its own pupils residing within that | ||||||
25 | distance
from the school attended.
| ||||||
26 | Nothing herein shall be construed to preclude a school |
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| |||||||
1 | district from
operating separate regular bus routes, subject to | ||||||
2 | the limitations of
this Section, for the benefit of children | ||||||
3 | who attend a charter school or
any school other
than a public | ||||||
4 | school where the operation of such routes is safer, more
| ||||||
5 | economical and more efficient than if such school district were
| ||||||
6 | precluded from operating separate regular bus routes.
| ||||||
7 | If a school district is required by this Section to afford
| ||||||
8 | transportation without cost for any child who is not a resident | ||||||
9 | of the
district, the school district providing such | ||||||
10 | transportation is entitled
to reimbursement from the school | ||||||
11 | district in which the child resides for
the cost of furnishing | ||||||
12 | that transportation, including a reasonable
allowance for | ||||||
13 | depreciation on each vehicle so used. The school district
where | ||||||
14 | the child resides shall reimburse the district providing the
| ||||||
15 | transportation for such costs, by the 10th of each month or on | ||||||
16 | such less
frequent schedule as may be agreed to by the 2 school | ||||||
17 | districts.
| ||||||
18 | (Source: P.A. 91-407, eff. 8-3-99.)
| ||||||
19 | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | ||||||
20 | Sec. 29-5. Reimbursement by State for transportation. Any | ||||||
21 | school
district, maintaining a school, transporting resident | ||||||
22 | pupils to another
school district's vocational program, | ||||||
23 | offered through a joint agreement
approved by the State Board | ||||||
24 | of Education, as provided in Section
10-22.22 or transporting | ||||||
25 | its resident pupils to a school which meets the
standards for |
| |||||||
| |||||||
1 | recognition as established by the State Board of Education
| ||||||
2 | which provides transportation meeting the standards of safety, | ||||||
3 | comfort,
convenience, efficiency and operation prescribed by | ||||||
4 | the State Board of
Education for resident pupils in | ||||||
5 | kindergarten or any of grades 1 through
12 who: (a) reside at | ||||||
6 | least 2 1 1/2 miles as measured by the customary route of
| ||||||
7 | travel, from the school attended; or (b) reside in areas where | ||||||
8 | conditions are
such that walking constitutes a hazard to the | ||||||
9 | safety of the child when
determined under Section 29-3; and (c) | ||||||
10 | are transported to the school attended
from pick-up points at | ||||||
11 | the beginning of the school day and back again at the
close of | ||||||
12 | the school day or transported to and from their assigned | ||||||
13 | attendance
centers during the school day, shall be reimbursed | ||||||
14 | by the State as hereinafter
provided in this Section.
| ||||||
15 | The State will pay the cost of transporting eligible pupils | ||||||
16 | less the
assessed valuation in a dual school district | ||||||
17 | maintaining secondary
grades 9 to 12 inclusive times a | ||||||
18 | qualifying rate of .05%; in elementary
school districts | ||||||
19 | maintaining grades K to 8 times a qualifying rate of
.06%; and | ||||||
20 | in unit districts maintaining grades K to 12, including | ||||||
21 | optional elementary unit districts and combined high school - | ||||||
22 | unit districts, times a qualifying
rate of .07%; provided that | ||||||
23 | for optional elementary unit districts and combined high school - | ||||||
24 | unit districts, assessed valuation for high school purposes, | ||||||
25 | as defined in Article 11E of this Code, must be used. To be | ||||||
26 | eligible to receive reimbursement in excess of 4/5
of the cost |
| |||||||
| |||||||
1 | to transport eligible pupils, a school district shall have a
| ||||||
2 | Transportation Fund tax rate of at least .12%. If a school | ||||||
3 | district
does not have a .12% Transportation Fund tax rate, the | ||||||
4 | amount of its
claim in excess of 4/5 of the cost of | ||||||
5 | transporting pupils shall be
reduced by the sum arrived at by | ||||||
6 | subtracting the Transportation Fund tax
rate from .12% and | ||||||
7 | multiplying that amount by the districts equalized or
assessed | ||||||
8 | valuation, provided, that in no case shall said reduction
| ||||||
9 | result in reimbursement of less than 4/5 of the cost to | ||||||
10 | transport
eligible pupils.
| ||||||
11 | The minimum amount to be received by a district is $16 | ||||||
12 | times the
number of eligible pupils transported.
| ||||||
13 | When calculating the reimbursement for transportation | ||||||
14 | costs, the State Board of Education may not deduct the number | ||||||
15 | of pupils enrolled in early education programs from the number | ||||||
16 | of pupils eligible for reimbursement if the pupils enrolled in | ||||||
17 | the early education programs are transported at the same time | ||||||
18 | as other eligible pupils.
| ||||||
19 | Any such district transporting resident pupils during the | ||||||
20 | school day
to an area vocational school or another school | ||||||
21 | district's vocational
program more than 2 1 1/2 miles from the | ||||||
22 | school attended, as provided in
Sections 10-22.20a and | ||||||
23 | 10-22.22, shall be reimbursed by the State for 4/5
of the cost | ||||||
24 | of transporting eligible pupils.
| ||||||
25 | School day means that period of time which the pupil is | ||||||
26 | required to be
in attendance for instructional purposes.
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| |||||||
1 | If a pupil is at a location within the school district | ||||||
2 | other than his
residence for child care purposes at the time | ||||||
3 | for transportation to school,
that location may be considered | ||||||
4 | for purposes of determining the 2 1 1/2 miles
from the school | ||||||
5 | attended.
| ||||||
6 | Claims for reimbursement that include children who attend | ||||||
7 | any school
other than a public school shall show the number of | ||||||
8 | such children
transported.
| ||||||
9 | Claims for reimbursement under this Section shall not be | ||||||
10 | paid for the
transportation of pupils for whom transportation | ||||||
11 | costs are claimed for
payment under other Sections of this Act.
| ||||||
12 | The allowable direct cost of transporting pupils for | ||||||
13 | regular, vocational,
and special education pupil | ||||||
14 | transportation shall be limited to the sum of
the cost of | ||||||
15 | physical examinations required for employment as a school bus
| ||||||
16 | driver; the salaries of full or part-time drivers and school | ||||||
17 | bus maintenance
personnel; employee benefits excluding | ||||||
18 | Illinois municipal retirement
payments, social security | ||||||
19 | payments, unemployment insurance payments and
workers' | ||||||
20 | compensation insurance premiums; expenditures to independent
| ||||||
21 | carriers who operate school buses; payments to other school | ||||||
22 | districts for
pupil transportation services; pre-approved | ||||||
23 | contractual expenditures for
computerized bus scheduling; the | ||||||
24 | cost of gasoline, oil, tires, and other
supplies necessary for | ||||||
25 | the operation of school buses; the cost of
converting buses' | ||||||
26 | gasoline engines to more fuel efficient engines or to
engines |
| |||||||
| |||||||
1 | which use alternative energy sources; the cost of travel to
| ||||||
2 | meetings and workshops conducted by the regional | ||||||
3 | superintendent or the
State Superintendent of Education | ||||||
4 | pursuant to the standards established by
the Secretary of State | ||||||
5 | under Section 6-106 of the Illinois Vehicle Code to improve the | ||||||
6 | driving skills of
school bus drivers; the cost of maintenance | ||||||
7 | of school buses including parts
and materials used; | ||||||
8 | expenditures for leasing transportation vehicles,
except | ||||||
9 | interest and service charges; the cost of insurance and | ||||||
10 | licenses for
transportation vehicles; expenditures for the | ||||||
11 | rental of transportation
equipment; plus a depreciation | ||||||
12 | allowance of 20% for 5 years for school
buses and vehicles | ||||||
13 | approved for transporting pupils to and from school and
a | ||||||
14 | depreciation allowance of 10% for 10 years for other | ||||||
15 | transportation
equipment so used.
Each school year, if a school | ||||||
16 | district has made expenditures to the
Regional Transportation | ||||||
17 | Authority or any of its service boards, a mass
transit | ||||||
18 | district, or an urban transportation district under an
| ||||||
19 | intergovernmental agreement with the district to provide for | ||||||
20 | the
transportation of pupils and if the public transit carrier | ||||||
21 | received direct
payment for services or passes from a school | ||||||
22 | district within its service
area during the 2000-2001 school | ||||||
23 | year, then the allowable direct cost of
transporting pupils for | ||||||
24 | regular, vocational, and special education pupil
| ||||||
25 | transportation shall also include the expenditures that the | ||||||
26 | district has
made to the public transit carrier.
In addition to |
| |||||||
| |||||||
1 | the above allowable costs school
districts shall also claim all | ||||||
2 | transportation supervisory salary costs,
including Illinois | ||||||
3 | municipal retirement payments, and all transportation
related | ||||||
4 | building and building maintenance costs without limitation.
| ||||||
5 | Special education allowable costs shall also include | ||||||
6 | expenditures for the
salaries of attendants or aides for that | ||||||
7 | portion of the time they assist
special education pupils while | ||||||
8 | in transit and expenditures for parents and
public carriers for | ||||||
9 | transporting special education pupils when pre-approved
by the | ||||||
10 | State Superintendent of Education.
| ||||||
11 | Indirect costs shall be included in the reimbursement claim | ||||||
12 | for districts
which own and operate their own school buses. | ||||||
13 | Such indirect costs shall
include administrative costs, or any | ||||||
14 | costs attributable to transporting
pupils from their | ||||||
15 | attendance centers to another school building for
| ||||||
16 | instructional purposes. No school district which owns and | ||||||
17 | operates its own
school buses may claim reimbursement for | ||||||
18 | indirect costs which exceed 5% of
the total allowable direct | ||||||
19 | costs for pupil transportation.
| ||||||
20 | The State Board of Education shall prescribe uniform | ||||||
21 | regulations for
determining the above standards and shall | ||||||
22 | prescribe forms of cost
accounting and standards of determining | ||||||
23 | reasonable depreciation. Such
depreciation shall include the | ||||||
24 | cost of equipping school buses with the
safety features | ||||||
25 | required by law or by the rules, regulations and standards
| ||||||
26 | promulgated by the State Board of Education, and the Department |
| |||||||
| |||||||
1 | of
Transportation for the safety and construction of school | ||||||
2 | buses provided,
however, any equipment cost reimbursed by the | ||||||
3 | Department of Transportation
for equipping school buses with | ||||||
4 | such safety equipment shall be deducted
from the allowable cost | ||||||
5 | in the computation of reimbursement under this
Section in the | ||||||
6 | same percentage as the cost of the equipment is depreciated.
| ||||||
7 | On or before August 15, annually, the chief school | ||||||
8 | administrator for
the district shall certify to the State | ||||||
9 | Superintendent of Education the
district's claim for | ||||||
10 | reimbursement for the school year ending on June 30
next | ||||||
11 | preceding. The State Superintendent of Education shall check | ||||||
12 | and
approve the claims and prepare the vouchers showing the | ||||||
13 | amounts due for
district reimbursement claims. Each fiscal | ||||||
14 | year, the State
Superintendent of Education shall prepare and | ||||||
15 | transmit the first 3
vouchers to the Comptroller on the 30th | ||||||
16 | day of September, December and
March, respectively, and the | ||||||
17 | final voucher, no later than June 20.
| ||||||
18 | If the amount appropriated for transportation | ||||||
19 | reimbursement is insufficient
to fund total claims for any | ||||||
20 | fiscal year, the State Board of Education shall
reduce each | ||||||
21 | school district's allowable costs and flat grant amount
| ||||||
22 | proportionately to make total adjusted claims equal the total | ||||||
23 | amount
appropriated.
| ||||||
24 | For purposes of calculating claims for reimbursement under | ||||||
25 | this Section
for any school year beginning July 1, 1998, or | ||||||
26 | thereafter, the
equalized
assessed valuation for a school |
| |||||||
| |||||||
1 | district used to compute reimbursement
shall be computed in the | ||||||
2 | same manner as it is computed under paragraph (2) of
subsection | ||||||
3 | (G) of Section 18-8.05.
| ||||||
4 | All reimbursements received from the State shall be | ||||||
5 | deposited into the
district's transportation fund or into the | ||||||
6 | fund from which the allowable
expenditures were made.
| ||||||
7 | Notwithstanding any other provision of law, any school | ||||||
8 | district receiving
a payment under this Section or under | ||||||
9 | Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may | ||||||
10 | classify all or a portion of the funds that it
receives in a | ||||||
11 | particular fiscal year or from general State aid pursuant to
| ||||||
12 | Section 18-8.05 of this Code
as funds received in connection | ||||||
13 | with any funding program for which it is
entitled to receive | ||||||
14 | funds from the State in that fiscal year (including,
without | ||||||
15 | limitation, any funding program referenced in this Section),
| ||||||
16 | regardless of the source or timing of the receipt. The district | ||||||
17 | may not
classify more funds as funds received in connection | ||||||
18 | with the funding
program than the district is entitled to | ||||||
19 | receive in that fiscal year for that
program. Any
| ||||||
20 | classification by a district must be made by a resolution of | ||||||
21 | its board of
education. The resolution must identify the amount | ||||||
22 | of any payments or
general State aid to be classified under | ||||||
23 | this paragraph and must specify
the funding program to which | ||||||
24 | the funds are to be treated as received in
connection | ||||||
25 | therewith. This resolution is controlling as to the
| ||||||
26 | classification of funds referenced therein. A certified copy of |
| |||||||
| |||||||
1 | the
resolution must be sent to the State Superintendent of | ||||||
2 | Education.
The resolution shall still take effect even though a | ||||||
3 | copy of the resolution has
not been sent to the State
| ||||||
4 | Superintendent of Education in a timely manner.
No
| ||||||
5 | classification under this paragraph by a district shall affect | ||||||
6 | the total amount
or timing of money the district is entitled to | ||||||
7 | receive under this Code.
No classification under this paragraph | ||||||
8 | by a district shall
in any way relieve the district from or | ||||||
9 | affect any
requirements that otherwise would apply with respect | ||||||
10 | to
that funding program, including any
accounting of funds by | ||||||
11 | source, reporting expenditures by
original source and purpose,
| ||||||
12 | reporting requirements,
or requirements of providing services.
| ||||||
13 | Any school district with a population of not more than | ||||||
14 | 500,000
must deposit all funds received under this Article into | ||||||
15 | the transportation
fund and use those funds for the provision | ||||||
16 | of transportation services.
| ||||||
17 | (Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
| ||||||
18 | (105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2)
| ||||||
19 | Sec. 29-5.2. Reimbursement of transportation.
| ||||||
20 | (a) Reimbursement. A
custodian of a qualifying pupil shall | ||||||
21 | be entitled to reimbursement in
accordance with procedures | ||||||
22 | established by the State Board of Education for
qualified | ||||||
23 | transportation expenses paid by such custodian during the | ||||||
24 | school
year.
| ||||||
25 | (b) Definitions. As used in this Section:
|
| |||||||
| |||||||
1 | (1) "Qualifying pupil" means an individual referred to | ||||||
2 | in subsection
(c), as well as an individual who:
| ||||||
3 | (A) is a resident of the State of Illinois; and
| ||||||
4 | (B) is under the age of 21 at the close of the | ||||||
5 | school year for which
reimbursement is sought; and
| ||||||
6 | (C) during the school year for which reimbursement | ||||||
7 | is sought was a
full-time pupil enrolled in a | ||||||
8 | kindergarten through 12th grade educational
program at | ||||||
9 | a school which was a distance of 2 1 1/2 miles or more | ||||||
10 | from the
residence of such pupil; and
| ||||||
11 | (D) did not live within 2 1 1/2 miles from the | ||||||
12 | school in which the pupil
was enrolled or have access | ||||||
13 | to transportation provided entirely at public
expense | ||||||
14 | to and from that school and a point within 2 1 1/2 | ||||||
15 | miles of the
pupil's residence, measured in a manner | ||||||
16 | consistent with Section 29-3.
| ||||||
17 | (2) "Qualified transportation expenses" means costs | ||||||
18 | reasonably incurred
by the custodian to transport, for the | ||||||
19 | purposes of attending regularly
scheduled day-time | ||||||
20 | classes, a qualifying pupil between such qualifying
| ||||||
21 | pupil's residence and the school at which such qualifying | ||||||
22 | pupil is
enrolled, as limited in subsection (e) of this | ||||||
23 | Section, and shall include
automobile expenses at the | ||||||
24 | standard mileage rate allowed by the United States
Internal | ||||||
25 | Revenue Service as reimbursement for business | ||||||
26 | transportation
expense, as well as payments to mass transit |
| |||||||
| |||||||
1 | carriers, private carriers,
and contractual fees for | ||||||
2 | transportation.
| ||||||
3 | (3) "School" means a public or nonpublic elementary or | ||||||
4 | secondary school
in Illinois, attendance at which | ||||||
5 | satisfies the requirements of Section 26-1.
| ||||||
6 | (4) Two One and one-half miles distance. For the | ||||||
7 | purposes of this Section, 2 1
1/2 miles distance shall be | ||||||
8 | measured in a manner consistent with Section 29-3.
| ||||||
9 | (5) Custodian. The term "custodian" shall mean, with | ||||||
10 | respect to a
qualifying pupil, an Illinois resident who is | ||||||
11 | the parent, or parents,
or legal guardian of such | ||||||
12 | qualifying pupil.
| ||||||
13 | (c) An individual, resident of the State of Illinois, who | ||||||
14 | is under
the age of 21 at the close of the
school year for which | ||||||
15 | reimbursement is sought and who, during that school
year, was a | ||||||
16 | full time pupil enrolled in a kindergarten through 12th grade
| ||||||
17 | educational program at a school which was within 2 1 1/2 miles | ||||||
18 | of the pupil's
residence, measured in a manner consistent with | ||||||
19 | Section 29-3, is a
"qualifying pupil" within the meaning of | ||||||
20 | this Section if (i) such pupil attends public school in a | ||||||
21 | school district organized under Article 34 of this Code and | ||||||
22 | must walk or otherwise travel along a safe passage route, as | ||||||
23 | designated by
the school board, to reach school or return home | ||||||
24 | or
(ii) such pupil
did not have access to transportation | ||||||
25 | provided entirely at public expense
to and from that school and | ||||||
26 | the pupil's residence and conditions were
such that walking |
| |||||||
| |||||||
1 | would have constituted a serious hazard to the safety of
the | ||||||
2 | pupil due to vehicular traffic. The determination of what | ||||||
3 | constitutes
a serious safety hazard within the meaning of this | ||||||
4 | subsection shall in each
case be made by the Department of | ||||||
5 | Transportation in accordance with
guidelines which the | ||||||
6 | Department, in consultation with the State
Superintendent of | ||||||
7 | Education, shall promulgate. Each custodian intending to
file | ||||||
8 | an application for reimbursement under subsection (d) for | ||||||
9 | expenditures
incurred or to be incurred with respect to a pupil | ||||||
10 | asserted to be a
qualified pupil as an individual referred to | ||||||
11 | in this subsection shall first
file with the appropriate | ||||||
12 | regional superintendent, on forms provided by the
State Board | ||||||
13 | of Education, a request for a determination that a serious
| ||||||
14 | safety hazard within the meaning of this subsection (c) exists | ||||||
15 | with respect
to such pupil. Custodians shall file such forms | ||||||
16 | with the appropriate
regional superintendents not later than | ||||||
17 | February 1 of the school year for
which reimbursement will be | ||||||
18 | sought for transmittal by the regional
superintendents to the | ||||||
19 | Department of Transportation not later than February
15; except | ||||||
20 | that any custodian who previously received a determination
that | ||||||
21 | a serious safety hazard exists need not resubmit such a request | ||||||
22 | for 4
years but instead may certify on their application for | ||||||
23 | reimbursement to the State
Board of Education referred to in | ||||||
24 | subsection (d), that the conditions found
to be hazardous, as | ||||||
25 | previously determined by the Department, remain
unchanged. The | ||||||
26 | Department shall make its determination on all requests so
|
| |||||||
| |||||||
1 | transmitted to it within 30 days, and shall thereupon forward | ||||||
2 | notice of
each determination which it has made to the | ||||||
3 | appropriate regional
superintendent for immediate transmittal | ||||||
4 | to the custodian affected thereby.
The determination of the | ||||||
5 | Department relative to what constitutes a serious
safety hazard | ||||||
6 | within the meaning of subsection (c) with respect to any
pupil | ||||||
7 | shall be deemed an "administrative decision" as defined in | ||||||
8 | Section
3-101 of the Administrative Review Law; and the | ||||||
9 | Administrative Review Law
and all amendments and modifications | ||||||
10 | thereof and rules adopted pursuant
thereto shall apply to and | ||||||
11 | govern all proceedings instituted for the
judicial review of | ||||||
12 | final administrative decisions of the Department of
| ||||||
13 | Transportation under this subsection.
| ||||||
14 | (d) Request for reimbursement. A custodian, including a
| ||||||
15 | custodian for a pupil asserted to be a qualified pupil as an | ||||||
16 | individual
referred to in subsection (c), who applies in | ||||||
17 | accordance
with procedures established by the State Board of | ||||||
18 | Education shall be
reimbursed in accordance with the dollar | ||||||
19 | limits set out in this Section.
Such procedures shall require | ||||||
20 | application no later than June 30 of each
year, documentation | ||||||
21 | as to eligibility, and adequate evidence of
expenditures; | ||||||
22 | except that for reimbursement sought pursuant to subsection
(c) | ||||||
23 | for the 1985-1986 school year, such procedures shall require
| ||||||
24 | application within 21 days after the determination of the | ||||||
25 | Department of
Transportation with respect to that school year | ||||||
26 | is transmitted by the
regional superintendent to the affected |
| |||||||
| |||||||
1 | custodian. In the absence of
contemporaneous records, an | ||||||
2 | affidavit by
the custodian may be accepted as evidence of an | ||||||
3 | expenditure. If the amount
appropriated for such reimbursement | ||||||
4 | for any year is less than the amount
due each custodian, it | ||||||
5 | shall be apportioned on the basis of the requests
approved. | ||||||
6 | Regional Superintendents shall be reimbursed for such costs of
| ||||||
7 | administering the program, including costs incurred in | ||||||
8 | administering the
provisions of subsection (c), as the State | ||||||
9 | Board of Education determines are
reasonable and necessary.
| ||||||
10 | (e) Dollar limit on amount of reimbursement. Reimbursement | ||||||
11 | to custodians
for transportation expenses incurred during the | ||||||
12 | 1985-1986 school year,
payable in fiscal year 1987, shall be | ||||||
13 | equal to the lesser of (1) the actual
qualified transportation | ||||||
14 | expenses, or (2) $50 per pupil. Reimbursement to
custodians for | ||||||
15 | transportation expenses incurred during the 1986-1987 school
| ||||||
16 | year, payable in fiscal year 1988, shall be equal to the lesser | ||||||
17 | of (1) the
actual qualified transportation expenses, or (2) | ||||||
18 | $100 per pupil. For
reimbursements of qualified transportation | ||||||
19 | expenses incurred in 1987-1988
and thereafter, the amount of | ||||||
20 | reimbursement shall not exceed the prior
year's State | ||||||
21 | reimbursement per pupil for transporting pupils as required by
| ||||||
22 | Section 29-3 and other provisions of this Article.
| ||||||
23 | (f) Rules and regulations. The State Board of Education
| ||||||
24 | shall adopt rules to implement this Section.
| ||||||
25 | (g) The provisions of this amendatory Act of 1986 shall | ||||||
26 | apply according to
their terms to the entire 1985-1986 school |
| |||||||
| |||||||
1 | year, including any portion of
that school year which elapses | ||||||
2 | prior to the effective date of this
amendatory Act, and to each | ||||||
3 | subsequent school year.
| ||||||
4 | (h) The chief administrative officer of each school shall | ||||||
5 | notify
custodians of qualifying pupils that reimbursements are | ||||||
6 | available.
Notification shall occur by the first Monday in | ||||||
7 | November of the school year
for which reimbursement is | ||||||
8 | available.
| ||||||
9 | (Source: P.A. 98-1057, eff. 1-1-15 .)
| ||||||
10 | Section 99. Effective date. This Act takes effect July 1, | ||||||
11 | 2016.
|