Illinois Compiled Statutes
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105 ILCS 5/28A-5
(105 ILCS 5/28A-5)
In this Article:
"State Board" means the State Board of Education.
"Education purchasing contract" means a contract negotiated by the State Board, a local, State, or federal governmental entity, or a not-for-profit, for-profit, or cooperative entity that is certified under Section 28A-15 of this Code and made available to school districts.
"Master contract" means a contract designated as a statewide education master contract under Section 28A-15 of this Code.
"Program" means the education purchasing program created under this Article.
(Source: P.A. 93-1036, eff. 9-14-04.)
105 ILCS 5/28A-10
(105 ILCS 5/28A-10)
The State Board shall create an education purchasing program. Under the program, the State Board shall designate itself or another entity to act as a State education purchasing entity to form and designate statewide education master contracts and to certify education purchasing contracts for key categories identified and defined by the State Board. The State education purchasing entity shall provide master contract and education purchasing contract information and pricing to school districts.
(Source: P.A. 93-1036, eff. 9-14-04.)
105 ILCS 5/28A-15
(105 ILCS 5/28A-15)
Powers of State education purchasing entity.
The State education purchasing entity shall have all of the following powers:
(1) To select vendors and form contracts in
accordance with the State's purchasing laws.
(2) To designate a contract as a statewide education
master contract for purposes of subsection (c) of Section 10-20.21 of this Code.
(3) To certify an education purchasing contract,
provided that the contract was entered into according to procedures and conditions that conform to applicable State purchasing laws, for purposes of subsection (d) of Section 10-20.21 of this Code.
(4) To facilitate the inter-district sale or
transfer of excess inventory or equipment.
(5) To select and subsidize e-procurement tools to
be implemented within school districts.
(Source: P.A. 93-1036, eff. 9-14-04.)
105 ILCS 5/28A-20
(105 ILCS 5/28A-20)
The State Board or other State agency designated by the State Board may adopt rules to implement the program.
(Source: P.A. 93-1036, eff. 9-14-04.)
105 ILCS 5/Art. 29
(105 ILCS 5/Art. 29 heading)
105 ILCS 5/29-1
(105 ILCS 5/29-1)
(from Ch. 122, par. 29-1)
transportation of pupils.
School boards may provide free transportation for pupils, as prescribed
in Section 10-22.22.
(Source: Laws 1961, p. 31
105 ILCS 5/29-2
(105 ILCS 5/29-2)
(from Ch. 122, par. 29-2)
Transportation of pupils less than one and one-half miles from school.
School boards may provide transportation for pupils living less than one
and one-half miles as measured by the customary route of travel from the
school attended and may make a charge for such transportation in an amount
of not to exceed the cost thereof, which shall include a reasonable
allowance for depreciation of the vehicles so used.
(Source: Laws 1961, p. 31.)
105 ILCS 5/29-3
(105 ILCS 5/29-3)
(from Ch. 122, par. 29-3)
Transportation in school districts.
of community consolidated districts, community unit
districts, consolidated districts, consolidated high school
districts, optional elementary unit districts, combined high school - unit districts, combined school districts if the combined district
includes any district which was previously required to provide
transportation, and any newly created elementary or high school districts resulting from a high school - unit conversion, a unit to dual conversion, or a multi-unit conversion if the newly created district includes any area that 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
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
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 determine 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. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
105 ILCS 5/29-3.1
(105 ILCS 5/29-3.1)
(from Ch. 122, par. 29-3.1)
Transportation to and from school sponsored activities.
The school board of any school district that provides transportation for
pupils to and from the school attended may provide transportation for
pupils to and from any school sponsored activities in which pupils of the
district participate, whether during the school year or not, and may make
a charge for such transportation in an amount not to exceed the cost
thereof, which may include a reasonable allowance for depreciation of the
vehicles so used. The school board may provide transportation for pupils on
bona fide field trips in Illinois or adjacent states.
(Source: P.A. 85-1148; 85-1389; 85-1440.)
105 ILCS 5/29-3.2
(105 ILCS 5/29-3.2)
(from Ch. 122, par. 29-3.2)
Transportation to and from activities of private schools.
The school board of any school district that provides transportation for
pupils to and from the public schools may, by agreement with the officials
of a non-public school, provide transportation, at times when the buses or
other conveyances are not needed for public school student transportation,
for students attending the non-public school to and from activities
sponsored by that school. Such a school board providing transportation
under this Section shall make a charge for furnishing that transportation
in an amount not less than the cost thereof, including a reasonable
allowance for the depreciation of each vehicle used in that transportation.
(Source: Laws 1967, p. 1228.)
105 ILCS 5/29-3.2a
(105 ILCS 5/29-3.2a)
(from Ch. 122, par. 29-3.2a)
Transportation to and from summer school sessions.)
The school board of any school district that provides transportation for
pupils to and from the school attended may provide transportation for
pupils to and from school during that period of the calendar year not
embraced with the regular school term in which courses are taught for any
pupils of the district who might participate, and may make a charge for
such transportation in an amount not to exceed the cost thereof, which may
include a reasonable allowance for depreciation of the vehicles so
used; provided no charge shall be made for transportation of the types of
children defined in Sections 14-1.02 through 14-1.07 of this Act and school
boards providing such transportation shall be reimbursed pursuant to Section
14-13.01 of this Act.
(Source: P.A. 79-203.)
105 ILCS 5/29-3.3
(105 ILCS 5/29-3.3)
(from Ch. 122, par. 29-3.3)
Transportation for pupils of other districts.
The school board of any school district that provides transportation for
pupils to and from the public schools may, pursuant to agreement with the
school board of any other school district, provide transportation for
pupils of that district to and from activities sponsored by any public
school in that district, at times when buses or other conveyances used in
such transportation are not needed for transporting pupils of the school
district so providing that transportation. In providing such transportation
for pupils of another district, the school board shall charge an amount not
less than the cost of furnishing that transportation, including a
reasonable allowance for depreciation on each vehicle so used.
(Source: Laws 1967, p. 3480.)
105 ILCS 5/29-3.4
(105 ILCS 5/29-3.4)
(from Ch. 122, par. 29-3.4)
The school board of any school district may provide transportation
services to children participating in or adults who are attending organized recreational, cultural,
educational, and public service programs. The school board shall make a
charge for such transportation in an amount equal to the cost thereof,
which shall include a reasonable allowance for insurance premiums and depreciation of the vehicles
so used. This Section shall not apply if such transportation services are
offered by any public or private mass transit system engaged in the
business of transporting people within the county or counties in which the
school district is located in whole or in part and if such transit system
has received or will receive funds provided by the "Mass Transportation
Emergency Operating Assistance Act of 1973", adopted by the 78th General
Assembly, or which receives or will receive funds from any other enactment
of the General Assembly or from any unit of local government.
(Source: P.A. 79-506.)
105 ILCS 5/29-3.5
(105 ILCS 5/29-3.5)
(from Ch. 122, par. 29-3.5)
Other use of school buses.
The school board of any school district
may provide transportation services to any non-profit organization for recreational,
educational, and public service programs operated by the organization for
the benefit of its members.
Transportation shall be provided to non-profit organizations during times
when the vehicles used are not
needed for the transportation of students between school and their homes.
The school board shall make
a charge for such transportation in an amount equal to the cost thereof,
which shall include a reasonable
allowance for depreciation of the vehicles used. The school board is authorized
to enter into contracts,
leases, or agreements covering the use of transportation by non-profit organizations.
The school board shall add to the charges made for the use of transportation
a reasonable amount to
cover any increase in insurance premiums incident to the use of transportation
by the organization.
Nothing in this Section shall be construed to terminate, either permanently
or temporarily, the
status of the vehicles used by the organization as school buses.
Nothing in this Section shall be construed to permit any
school district to provide transportation services in
competition with any mass transit carrier.
(Source: P.A. 79-656.)
105 ILCS 5/29-4
(105 ILCS 5/29-4)
(from Ch. 122, par. 29-4)
Pupils attending a charter school or nonpublic school.
board of any school district that provides any school bus or conveyance
for transporting pupils to and from the public schools shall afford
transportation, without cost, for children who attend a charter school or
any school other
than a public school, who reside at least 1 1/2 miles from the school
attended, and who reside on or along the highway constituting the
regular route of such public school bus or conveyance, such
transportation to extend from some point on the regular route nearest or
most easily accessible to their homes to and from the school attended,
or to or from a point on such regular route which is nearest or most
easily accessible to the school attended by such children. Nothing
herein shall be construed to prevent high school districts from
transporting public or non-public elementary school pupils on a regular
route where deemed appropriate. The elementary district in which such
pupils reside shall enter into a contractual agreement with the high
school district providing the service, make payments accordingly, and
make claims to the State in the amount of such contractual payments.
The person in charge of any charter school or school other than a public
certify on a form to be provided by the State Superintendent of Education,
the names and addresses of pupils transported and when such
pupils were in attendance at the school. If any such children reside
within 1 1/2 miles from the school attended, the school board shall
afford such transportation to such children on the same basis as it
provides transportation for its own pupils residing within that distance
from the school attended.
Nothing herein shall be construed to preclude a school district from
operating separate regular bus routes, subject to the limitations of
this Section, for the benefit of children who attend a charter school or
any school other
than a public school where the operation of such routes is safer, more
economical and more efficient than if such school district were
precluded from operating separate regular bus routes.
If a school district is required by this Section to afford
transportation without cost for any child who is not a resident of the
district, the school district providing such transportation is entitled
to reimbursement from the school district in which the child resides for
the cost of furnishing that transportation, including a reasonable
allowance for depreciation on each vehicle so used. The school district
where the child resides shall reimburse the district providing the
transportation for such costs, by the 10th of each month or on such less
frequent schedule as may be agreed to by the 2 school districts.
(Source: P.A. 91-407, eff. 8-3-99.)
105 ILCS 5/29-5
(105 ILCS 5/29-5)
(from Ch. 122, par. 29-5)
Reimbursement by State for transportation. Any school
district, maintaining a school, transporting resident pupils to another
school district's vocational program, offered through a joint agreement
approved by the State Board of Education, as provided in Section
10-22.22 or transporting its resident pupils to a school which meets the
standards for recognition as established by the State Board of Education
which provides transportation meeting the standards of safety, comfort,
convenience, efficiency and operation prescribed by the State Board of
Education for resident pupils in kindergarten or any of grades 1 through
12 who: (a) reside at least 1 1/2 miles as measured by the customary route of
travel, from the school attended; or (b) reside in areas where conditions are
such that walking constitutes a hazard to the safety of the child when
determined under Section 29-3; and (c) are transported to the school attended
from pick-up points at the beginning of the school day and back again at the
close of the school day or transported to and from their assigned attendance
centers during the school day, shall be reimbursed by the State as hereinafter
provided in this Section.
The State will pay the cost of transporting eligible pupils less the
assessed valuation in a dual school district maintaining secondary
grades 9 to 12 inclusive times a qualifying rate of .05%; in elementary
school districts maintaining grades K to 8 times a qualifying rate of
.06%; and in unit districts maintaining grades K to 12, including optional elementary unit districts and combined high school - unit districts, times a qualifying
rate of .07%; provided that for optional elementary unit districts and combined high school - unit districts, assessed valuation for high school purposes, as defined in Article 11E of this Code, must be used. To be eligible to receive reimbursement in excess of 4/5
of the cost to transport eligible pupils, a school district shall have a
Transportation Fund tax rate of at least .12%. If a school district
does not have a .12% Transportation Fund tax rate, the amount of its
claim in excess of 4/5 of the cost of transporting pupils shall be
reduced by the sum arrived at by subtracting the Transportation Fund tax
rate from .12% and multiplying that amount by the districts equalized or
assessed valuation, provided, that in no case shall said reduction
result in reimbursement of less than 4/5 of the cost to transport
The minimum amount to be received by a district is $16 times the
number of eligible pupils transported.
When calculating the reimbursement for transportation costs, the State Board of Education may not deduct the number of pupils enrolled in early education programs from the number of pupils eligible for reimbursement if the pupils enrolled in the early education programs are transported at the same time as other eligible pupils.
Any such district transporting resident pupils during the school day
to an area vocational school or another school district's vocational
program more than 1 1/2 miles from the school attended, as provided in
Sections 10-22.20a and 10-22.22, shall be reimbursed by the State for 4/5
of the cost of transporting eligible pupils.
School day means that period of time which the pupil is required to be
in attendance for instructional purposes.
If a pupil is at a location within the school district other than his
residence for child care purposes at the time for transportation to school,
that location may be considered for purposes of determining the 1 1/2 miles
from the school attended.
Claims for reimbursement that include children who attend any school
other than a public school shall show the number of such children
Claims for reimbursement under this Section shall not be paid for the
transportation of pupils for whom transportation costs are claimed for
payment under other Sections of this Act.
The allowable direct cost of transporting pupils for regular, vocational,
and special education pupil transportation shall be limited to the sum of
the cost of physical examinations required for employment as a school bus
driver; the salaries of full or part-time drivers and school bus maintenance
personnel; employee benefits excluding Illinois municipal retirement
payments, social security payments, unemployment insurance payments and
workers' compensation insurance premiums; expenditures to independent
carriers who operate school buses; payments to other school districts for
pupil transportation services; pre-approved contractual expenditures for
computerized bus scheduling; the cost of gasoline, oil, tires, and other
supplies necessary for the operation of school buses; the cost of
converting buses' gasoline engines to more fuel efficient engines or to
engines which use alternative energy sources; the cost of travel to
meetings and workshops conducted by the regional superintendent or the
State Superintendent of Education pursuant to the standards established by
the Secretary of State under Section 6-106 of the Illinois Vehicle Code to improve the driving skills of
school bus drivers; the cost of maintenance of school buses including parts
and materials used; expenditures for leasing transportation vehicles,
except interest and service charges; the cost of insurance and licenses for
transportation vehicles; expenditures for the rental of transportation
equipment; plus a depreciation allowance of 20% for 5 years for school
buses and vehicles approved for transporting pupils to and from school and
a depreciation allowance of 10% for 10 years for other transportation
equipment so used.
Each school year, if a school district has made expenditures to the
Regional Transportation Authority or any of its service boards, a mass
transit district, or an urban transportation district under an
intergovernmental agreement with the district to provide for the
transportation of pupils and if the public transit carrier received direct
payment for services or passes from a school district within its service
area during the 2000-2001 school year, then the allowable direct cost of
transporting pupils for regular, vocational, and special education pupil
transportation shall also include the expenditures that the district has
made to the public transit carrier.
In addition to the above allowable costs school
districts shall also claim all transportation supervisory salary costs,
including Illinois municipal retirement payments, and all transportation
related building and building maintenance costs without limitation.
Special education allowable costs shall also include expenditures for the
salaries of attendants or aides for that portion of the time they assist
special education pupils while in transit and expenditures for parents and
public carriers for transporting special education pupils when pre-approved
by the State Superintendent of Education.
Indirect costs shall be included in the reimbursement claim for districts
which own and operate their own school buses. Such indirect costs shall
include administrative costs, or any costs attributable to transporting
pupils from their attendance centers to another school building for
instructional purposes. No school district which owns and operates its own
school buses may claim reimbursement for indirect costs which exceed 5% of
the total allowable direct costs for pupil transportation.
The State Board of Education shall prescribe uniform regulations for
determining the above standards and shall prescribe forms of cost
accounting and standards of determining reasonable depreciation. Such
depreciation shall include the cost of equipping school buses with the
safety features required by law or by the rules, regulations and standards
promulgated by the State Board of Education, and the Department of
Transportation for the safety and construction of school buses provided,
however, any equipment cost reimbursed by the Department of Transportation
for equipping school buses with such safety equipment shall be deducted
from the allowable cost in the computation of reimbursement under this
Section in the same percentage as the cost of the equipment is depreciated.
On or before August 15, annually, the chief school administrator for
the district shall certify to the State Superintendent of Education the
district's claim for reimbursement for the school year ending on June 30
next preceding. The State Superintendent of Education shall check and
approve the claims and prepare the vouchers showing the amounts due for
district reimbursement claims. Each fiscal year, the State
Superintendent of Education shall prepare and transmit the first 3
vouchers to the Comptroller on the 30th day of September, December and
March, respectively, and the final voucher, no later than June 20.
If the amount appropriated for transportation reimbursement is insufficient
to fund total claims for any fiscal year, the State Board of Education shall
reduce each school district's allowable costs and flat grant amount
proportionately to make total adjusted claims equal the total amount
For purposes of calculating claims for reimbursement under this Section
for any school year beginning July 1, 1998, or thereafter, the
assessed valuation for a school district used to compute reimbursement
shall be computed in the same manner as it is computed under paragraph (2) of
subsection (G) of Section 18-8.05.
All reimbursements received from the State shall be deposited into the
district's transportation fund or into the fund from which the allowable
expenditures were made.
Notwithstanding any other provision of law, any school district receiving
a payment under this Section or under Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may classify all or a portion of the funds that it
receives in a particular fiscal year or from general State aid pursuant to
Section 18-8.05 of this Code
as funds received in connection with any funding program for which it is
entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
or requirements of providing services.
Any school district with a population of not more than 500,000
must deposit all funds received under this Article into the transportation
fund and use those funds for the provision of transportation services.
(Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
105 ILCS 5/29-5.2
(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.)
105 ILCS 5/29-6
(105 ILCS 5/29-6)
(from Ch. 122, par. 29-6)
Inter-district contracts for transportation.
Any school district, including any non-high school district, may
contract at actual cost with 1 or more school districts for the
transportation of pupils to and from the school attended.
(Source: P.A. 78-1245.)
105 ILCS 5/29-6.1
(105 ILCS 5/29-6.1)
(from Ch. 122, par. 29-6.1)
Contracts for transportation.
Subject to Section 6-106.11
of the Illinois Vehicle Code,
school boards may enter into contracts for up to 3 years for transportation
of pupils to and from school. Such contracts may be extended for up to 2
additional years by mutual agreement of the parties, and thereafter may
be extended on a year-to-year basis by mutual agreement of the parties,
however no such contract may be extended on a year-to-year basis if a
school board receives a timely request from another interested contractor
that a contract be let by bid.
(Source: P.A. 84-768.)
105 ILCS 5/29-6.3
(105 ILCS 5/29-6.3)
Transportation to and from specified interscholastic or school-sponsored
(a) Any school district transporting students in grade 12 or below for an interscholastic, interscholastic athletic, or school-sponsored, noncurriculum-related activity that (i) does not require student participation as part of the educational services of the district and (ii) is not associated with the students' regular class-for-credit schedule or required 5 clock hours of instruction shall transport the students only in a school bus, a vehicle manufactured to transport not more than 10 persons, including the driver, or a multifunction school-activity bus manufactured to transport not more than 15 persons, including the driver.
(a-5) A student in any of grades 9 through 12 may be transported in a multi-function school activity bus (MFSAB) as defined in Section 1-148.3a-5 of the Illinois Vehicle Code for any curriculum-related activity except for transportation on regular bus routes from home to school or from school to home, subject to the following conditions:
(i) A MFSAB may not be used to transport students
under this Section unless the driver holds a valid school bus driver permit.
(ii) The use of a MFSAB under this Section is subject
to the requirements of Sections 6-106.11, 6-106.12, 12-707.01, 13-101, and 13-109 of the Illinois Vehicle Code.
(b) Any school district furnishing transportation for students under the authority of this Section shall insure against any loss or liability of the district resulting from the maintenance, operation, or use of the vehicle.
(c) Vehicles used to transport students under this Section may claim a depreciation allowance of 20% over 5 years as provided in Section 29-5 of this Code.
(Source: P.A. 96-410, eff. 7-1-10; 97-896, eff. 8-3-12.)
105 ILCS 5/29-6.4
(105 ILCS 5/29-6.4)
Non-contract transportation; bids;
A school board of a school district that provides
transportation of its pupils to and from school on buses that are owned by the
district that are operated by drivers who are employed by the district shall,
if it receives a timely request from an interested private school bus
contractor that the district provide that transportation under contract,
solicit sealed bids for that purpose. A district or special education cooperative is not required to respond to such a request more than once every 2 years.
shall not be considered timely if it is made more than
24 months or less than 3 months before the expiration of the collective
bargaining or other agreement that is in effect at the time the request is made
and that governs the terms and conditions of employment of the school bus
drivers employed by the district. All requests shall be made in writing by certified mail, return receipt requested, addressed to the school board of the district at the administrative offices or any school of the district. At the conclusion of the bidding process,
the school board shall publicly announce the district's fully allocated costs
of providing transportation of its pupils to and from school under its present
system and thereupon may (i) elect to enter into a contract as provided in
Section 29-6.1 with the lowest responsible bidder for transportation of the
district's pupils to and from school or (ii) elect to continue providing
transportation of its pupils to and from school under its present system.
In the event the school board elects to continue providing transportation of
the district's pupils to and from school under its present system even though
the district's fully allocated costs of doing so exceed the amount of the
lowest responsible bid received by the school board for transportation of the
district's pupils to and from school, the school board shall publicly
announce at a regularly scheduled meeting of the board held within 30 days
after making its election to continue providing pupil
transportation under its present system (i) the fully allocated costs of
providing transportation of the district's pupils to and from school under its
present system, and (ii) the amount of each of the sealed bids submitted to the
school board, identifying which of the sealed bid amounts was the lowest
As used in this Section the term "fully allocated costs" includes both the
fixed and variable direct costs of the labor, capital, and material resources
that are used by the school district exclusively for purposes of providing
transportation of the district's pupils to and from school plus that portion of
the district's shared costs as is fairly allocable to the products, services,
and facilities necessary to provide transportation of the district's pupils to
and from school. Direct costs of labor, capital, and material resources used
exclusively to provide pupil transportation include the wages, payroll costs,
and associated fringe benefits of school bus drivers, mechanics, and any
supervisory or administrative personnel whose services relate exclusively to
pupil transportation personnel or services, fuel, lubricants, tires, tubes,
related material costs incurred in providing pupil transportation, depreciation
costs associated with school buses and other vehicles, including spare
vehicles, used to provide pupil transportation, and costs of facilities and
equipment maintained exclusively to service, garage, or park vehicles used for
pupil transportation purposes.
"Shared costs" means the aggregate cost of the labor, capital, and material
resources that are used in common by the district for a multiplicity of
purposes, including the purpose of providing transportation of the district's
pupils to and from school. The costs of the management, administration, and
underlying infrastructure that support a multiplicity of services provided by
the school district (including pupil transportation services) constitute shared
costs within the meaning of this Section, and to the extent they are fairly
allocable to pupil transportation services they are included within the term
fully allocated costs as used in this Section. The
State Board of Education shall promulgate rules setting forth the manner in
which a district's fully allocated costs of providing transportation of its
pupils to and from school under a non-contractual system shall be determined
and computed for purposes of this Section. However, those rules shall be
consistent with the provisions of this paragraph and shall follow recognized
principles of fully allocated costing analysis in the transit industry,
including generally accepted methods of identifying and estimating the
principal cost elements of maintaining and operating a pupil transportation
(Source: P.A. 93-953, eff. 1-1-05.)
105 ILCS 5/29-9
(105 ILCS 5/29-9)
(from Ch. 122, par. 29-9)
Any school district, including any non-high school district, which
provides transportation for pupils shall insure against any loss or
liability of such district, its agents or employees, resulting from or
incident to the ownership, maintenance or use of any school bus. Such
insurance shall be carried only in companies duly licensed and authorized
to write such coverage in this State and in compliance with the provisions
of Section 12-707 of "The Illinois Vehicle Code", approved September 29,
1969, as now or hereafter amended.
(Source: P.A. 78-310.)