103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2825

 

Introduced 1/19/2024, by Sen. Steve McClure

 

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

    Amends the Transportation Article of the School Code. In provisions requiring a school district to provide free transportation for pupils residing one and one-half miles or more from school, provides that a pupil's parent or guardian may designate more than one home for the pupil if the parent or guardian has shared custody of the pupil at a different address within the district.


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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB2825LRB103 36736 RJT 66846 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
529-3 as follows:
 
6    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
7    Sec. 29-3. Transportation in school districts. School
8boards of community consolidated districts, community unit
9districts, consolidated districts, consolidated high school
10districts, optional elementary unit districts, combined high
11school - unit districts, combined school districts if the
12combined district includes any district which was previously
13required to provide transportation, and any newly created
14elementary or high school districts resulting from a high
15school - unit conversion, a unit to dual conversion, or a
16multi-unit conversion if the newly created district includes
17any area that was previously required to provide
18transportation shall provide free transportation for pupils
19residing at a distance of one and one-half miles or more from
20any school to which they are assigned for attendance
21maintained within the district, except for those pupils for
22whom the school board shall certify to the State Board of
23Education that adequate transportation for the public is

 

 

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

 

 

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1or rail crossings or (ii) a course or pattern of criminal
2activity, as defined in Section 10 of the Illinois Streetgang
3Terrorism Omnibus Prevention Act. Such transportation shall
4not be provided if adequate transportation for the public is
5available.
6    The determination as to what constitutes a serious safety
7hazard shall be made by the school board, in accordance with
8guidelines promulgated by the Illinois Department of
9Transportation regarding vehicular traffic or rail crossings
10or in accordance with guidelines regarding a course or pattern
11of criminal activity, as determined by the local law
12enforcement agency, in consultation with the State
13Superintendent of Education. A school board, on written
14petition of the parent or guardian of a pupil for whom adequate
15transportation for the public is alleged not to exist because
16the pupil is required to walk along normally traveled roads or
17streets where walking is alleged to constitute a serious
18safety hazard due to either (i) vehicular traffic or rail
19crossings or (ii) a course or pattern of criminal activity, or
20who is required to walk between the pupil's home and assigned
21school or between the pupil's home or assigned school and a
22pick-up point or bus stop along roads or streets where walking
23is alleged to constitute a serious safety hazard due to either
24(i) vehicular traffic or rail crossings or (ii) a course or
25pattern of criminal activity, shall conduct a study and make
26findings, which the Department of Transportation, with respect

 

 

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1to vehicular traffic or rail crossings, or the State Board of
2Education, in consultation with the local law enforcement
3agency, with respect to a course or pattern of criminal
4activity, shall review and approve or disapprove as provided
5in this Section, to determine whether a serious safety hazard
6exists as alleged in the petition. The Department of
7Transportation shall review the findings of the school board
8concerning vehicular traffic or rail crossings and shall
9approve or disapprove the school board's determination that a
10serious safety hazard exists within 30 days after the school
11board submits its findings to the Department of
12Transportation. The State Board of Education, in consultation
13with the local law enforcement agency, shall review the
14findings of the school board concerning a course or pattern of
15criminal activity and shall approve or disapprove the school
16board's determination that a serious safety hazard exists
17within 30 days after the school board submits its findings to
18the State Board. The school board shall annually review the
19conditions and determine whether or not the hazardous
20conditions remain unchanged. The State Superintendent of
21Education may request that the Illinois Department of
22Transportation or the local law enforcement agency verify that
23the conditions have not changed. No action shall lie against
24the school board, the State Superintendent of Education, the
25Illinois Department of Transportation, the State Board of
26Education, or a local law enforcement agency for decisions

 

 

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1made in accordance with this Section. The provisions of the
2Administrative Review Law and all amendments and modifications
3thereof and the rules adopted pursuant thereto shall apply to
4and govern all proceedings instituted for the judicial review
5of final administrative decisions of the Department of
6Transportation, the State Board of Education, or a local law
7enforcement agency under this Section. At all points, except
8when otherwise mentioned in this Section, the local
9enforcement agency is authorized to determine what constitutes
10a course or pattern of criminal activity.
11    The changes made to this Section by this amendatory Act of
12the 100th General Assembly do not apply to a school district
13organized under Article 34 of this Code.
14(Source: P.A. 100-1142, eff. 11-28-18.)