101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0040

 

Introduced 1/9/2019, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/29-3  from Ch. 122, par. 29-3

    Amends the School Code. Provides that notwithstanding any other provision of law to the contrary, beginning with the 2019-2020 school year, each school board must provide free transportation to and from the assigned public school in the school district for any pupil who possesses a valid school identification card issued by that school. Makes legislative findings. Effective July 1, 2019.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Legislative findings. The General Assembly
5finds that every child in this State is entitled to a public
6education and this entitlement must include free
7transportation to the child's school.
 
8    Section 5. The School Code is amended by changing Section
929-3 as follows:
 
10    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
11    Sec. 29-3. Transportation in school districts. School
12boards of community consolidated districts, community unit
13districts, consolidated districts, consolidated high school
14districts, optional elementary unit districts, combined high
15school - unit districts, combined school districts if the
16combined district includes any district which was previously
17required to provide transportation, and any newly created
18elementary or high school districts resulting from a high
19school - unit conversion, a unit to dual conversion, or a
20multi-unit conversion if the newly created district includes
21any area that was previously required to provide transportation
22shall provide free transportation for pupils residing at a

 

 

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1distance of one and one-half miles or more from any school to
2which they are assigned for attendance maintained within the
3district, except for those pupils for whom the school board
4shall certify to the State Board of Education that adequate
5transportation for the public is available.
6    For the purpose of this Act 1 1/2 miles distance shall be
7from the exit of the property where the pupil resides to the
8point where pupils are normally unloaded at the school
9attended; such distance shall be measured by determining the
10shortest distance on normally traveled roads or streets.
11    Such school board may comply with the provisions of this
12Section by providing free transportation for pupils to and from
13an assigned school and a pick-up point located not more than
14one and one-half miles from the home of each pupil assigned to
15such point.
16    For the purposes of this Act "adequate transportation for
17the public" shall be assumed to exist for such pupils as can
18reach school by walking, one way, along normally traveled roads
19or streets less than 1 1/2 miles irrespective of the distance
20the pupil is transported by public transportation.
21    In addition to the other requirements of this Section, each
22school board may provide free transportation for any pupil
23residing within 1 1/2 miles from the school attended where
24conditions are such that walking, either to or from the school
25to which a pupil is assigned for attendance or to or from a
26pick-up point or bus stop, constitutes a serious hazard to the

 

 

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1safety of the pupil due to vehicular traffic or rail crossings.
2Such transportation shall not be provided if adequate
3transportation for the public is available.
4    The determination as to what constitutes a serious safety
5hazard shall be made by the school board, in accordance with
6guidelines promulgated by the Illinois Department of
7Transportation, in consultation with the State Superintendent
8of Education. A school board, on written petition of the parent
9or guardian of a pupil for whom adequate transportation for the
10public is alleged not to exist because the pupil is required to
11walk along normally traveled roads or streets where walking is
12alleged to constitute a serious safety hazard due to vehicular
13traffic or rail crossings, or who is required to walk between
14the pupil's home and assigned school or between the pupil's
15home or assigned school and a pick-up point or bus stop along
16roads or streets where walking is alleged to constitute a
17serious safety hazard due to vehicular traffic or rail
18crossings, shall conduct a study and make findings, which the
19Department of Transportation shall review and approve or
20disapprove as provided in this Section, to determine whether a
21serious safety hazard exists as alleged in the petition. The
22Department of Transportation shall review the findings of the
23school board and shall approve or disapprove the school board's
24determination that a serious safety hazard exists within 30
25days after the school board submits its findings to the
26Department. The school board shall annually review the

 

 

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1conditions and determine whether or not the hazardous
2conditions remain unchanged. The State Superintendent of
3Education may request that the Illinois Department of
4Transportation verify that the conditions have not changed. No
5action shall lie against the school board, the State
6Superintendent of Education or the Illinois Department of
7Transportation for decisions made in accordance with this
8Section. The provisions of the Administrative Review Law and
9all amendments and modifications thereof and the rules adopted
10pursuant thereto shall apply to and govern all proceedings
11instituted for the judicial review of final administrative
12decisions of the Department of Transportation under this
13Section.
14    Notwithstanding any other provision of law to the contrary,
15beginning with the 2019-2020 school year, each school board
16must provide free transportation to and from the assigned
17public school in the school district for any pupil who
18possesses a valid school identification card issued by that
19school.
20(Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
 
21    Section 99. Effective date. This Act takes effect July 1,
222019.