(105 ILCS 5/29-5.2)
(from Ch. 122, par. 29-5.2)
Reimbursement of transportation.
(a) Reimbursement. A
custodian of a qualifying pupil shall be entitled to reimbursement in
accordance with procedures established by the State Board of Education for
qualified transportation expenses paid by such custodian during the school
(b) Definitions. As used in this Section:
(1) "Qualifying pupil" means an individual referred to in subsection
(c), as well as an individual who:
(A) is a resident of the State of Illinois; and
(B) is under the age of 21 at the close of the school year for which
reimbursement is sought; and
(C) during the school year for which reimbursement is sought was a
full-time pupil enrolled in a kindergarten through 12th grade educational
program at a school which was a distance of 1 1/2 miles or more from the
residence of such pupil; and
(D) did not live within 1 1/2 miles from the school in which the pupil
was enrolled or have access to transportation provided entirely at public
expense to and from that school and a point within 1 1/2 miles of the
pupil's residence, measured in a manner consistent with Section 29-3.
(2) "Qualified transportation expenses" means costs reasonably incurred
by the custodian to transport, for the purposes of attending regularly
scheduled day-time classes, a qualifying pupil between such qualifying
pupil's residence and the school at which such qualifying pupil is
enrolled, as limited in subsection (e) of this Section, and shall include
automobile expenses at the standard mileage rate allowed by the United States
Internal Revenue Service as reimbursement for business transportation
expense, as well as payments to mass transit carriers, private carriers,
and contractual fees for transportation.
(3) "School" means a public or nonpublic elementary or secondary school
in Illinois, attendance at which satisfies the requirements of Section 26-1.
(4) One and one-half miles distance. For the purposes of this Section, 1
1/2 miles distance shall be measured in a manner consistent with Section 29-3.
(5) Custodian. The term "custodian" shall mean, with respect to a
qualifying pupil, an Illinois resident who is the parent, or parents,
or legal guardian of such qualifying pupil.
(c) An individual, resident of the State of Illinois, who is under
the age of 21 at the close of the
school year for which reimbursement is sought and who, during that school
year, was a full time pupil enrolled in a kindergarten through 12th grade
educational program at a school which was within 1 1/2 miles of the pupil's
residence, measured in a manner consistent with Section 29-3, is a
"qualifying pupil" within the meaning of this Section if: (i) such pupil
did not have access to transportation provided entirely at public expense
to and from that school and the pupil's residence, and (ii) conditions were
such that walking would have constituted a serious hazard to the safety of
the pupil due to vehicular traffic. The determination of what constitutes
a serious safety hazard within the meaning of this subsection shall in each
case be made by the Department of Transportation in accordance with
guidelines which the Department, in consultation with the State
Superintendent of Education, shall promulgate. Each custodian intending to
file an application for reimbursement under subsection (d) for expenditures
incurred or to be incurred with respect to a pupil asserted to be a
qualified pupil as an individual referred to in this subsection shall first
file with the appropriate regional superintendent, on forms provided by the
State Board of Education, a request for a determination that a serious
safety hazard within the meaning of this subsection (c) exists with respect
to such pupil. Custodians shall file such forms with the appropriate
regional superintendents not later than February 1 of the school year for
which reimbursement will be sought for transmittal by the regional
superintendents to the Department of Transportation not later than February
15; except that any custodian who previously received a determination
that a serious safety hazard exists need not resubmit such a request for 4
years but instead may certify on their application for reimbursement to the State
Board of Education referred to in subsection (d), that the conditions found
to be hazardous, as previously determined by the Department, remain
unchanged. The Department shall make its determination on all requests so
transmitted to it within 30 days, and shall thereupon forward notice of
each determination which it has made to the appropriate regional
superintendent for immediate transmittal to the custodian affected thereby.
The determination of the Department relative to what constitutes a serious
safety hazard within the meaning of subsection (c) with respect to any
pupil shall be deemed an "administrative decision" as defined in Section
3-101 of the Administrative Review Law; and the Administrative Review Law
and all amendments and modifications thereof and 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 subsection.
(d) Request for reimbursement. A custodian, including a
custodian for a pupil asserted to be a qualified pupil as an individual
referred to in subsection (c), who applies in accordance
with procedures established by the State Board of Education shall be
reimbursed in accordance with the dollar limits set out in this Section.
Such procedures shall require application no later than June 30 of each
year, documentation as to eligibility, and adequate evidence of
expenditures; except that for reimbursement sought pursuant to subsection
(c) for the 1985-1986 school year, such procedures shall require
application within 21 days after the determination of the Department of
Transportation with respect to that school year is transmitted by the
regional superintendent to the affected custodian. In the absence of
contemporaneous records, an affidavit by
the custodian may be accepted as evidence of an expenditure. If the amount
appropriated for such reimbursement for any year is less than the amount
due each custodian, it shall be apportioned on the basis of the requests
approved. Regional Superintendents shall be reimbursed for such costs of
administering the program, including costs incurred in administering the
provisions of subsection (c), as the State Board of Education determines are
reasonable and necessary.
(e) Dollar limit on amount of reimbursement. Reimbursement to custodians
for transportation expenses incurred during the 1985-1986 school year,
payable in fiscal year 1987, shall be equal to the lesser of (1) the actual
qualified transportation expenses, or (2) $50 per pupil. Reimbursement to
custodians for transportation expenses incurred during the 1986-1987 school
year, payable in fiscal year 1988, shall be equal to the lesser of (1) the
actual qualified transportation expenses, or (2) $100 per pupil. For
reimbursements of qualified transportation expenses incurred in 1987-1988
and thereafter, the amount of reimbursement shall not exceed the prior
year's State reimbursement per pupil for transporting pupils as required by
Section 29-3 and other provisions of this Article.
(f) Rules and regulations. The State Board of Education
shall adopt rules to implement this Section.
(g) The provisions of this amendatory Act of 1986 shall apply according to
their terms to the entire 1985-1986 school year, including any portion of
that school year which elapses prior to the effective date of this
amendatory Act, and to each subsequent school year.
(h) The chief administrative officer of each school shall notify
custodians of qualifying pupils that reimbursements are available.
Notification shall occur by the first Monday in November of the school year
for which reimbursement is available.
(Source: P.A. 91-357, eff. 7-29-99.)