Illinois General Assembly - Full Text of HB3662
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Full Text of HB3662  98th General Assembly




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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 5. The School Code is amended by changing Section
529-5.2 as follows:
6    (105 ILCS 5/29-5.2)  (from Ch. 122, par. 29-5.2)
7    Sec. 29-5.2. Reimbursement of transportation.
8    (a) Reimbursement. A custodian of a qualifying pupil shall
9be entitled to reimbursement in accordance with procedures
10established by the State Board of Education for qualified
11transportation expenses paid by such custodian during the
12school year.
13    (b) Definitions. As used in this Section:
14    (1) "Qualifying pupil" means an individual referred to in
15subsection (c), as well as an individual who:
16    (A) is a resident of the State of Illinois; and
17    (B) is under the age of 21 at the close of the school year
18for which reimbursement is sought; and
19    (C) during the school year for which reimbursement is
20sought was a full-time pupil enrolled in a kindergarten through
2112th grade educational program at a school which was a distance
22of 1 1/2 miles or more from the residence of such pupil; and
23    (D) did not live within 1 1/2 miles from the school in



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1which the pupil was enrolled or have access to transportation
2provided entirely at public expense to and from that school and
3a point within 1 1/2 miles of the pupil's residence, measured
4in a manner consistent with Section 29-3.
5    (2) "Qualified transportation expenses" means costs
6reasonably incurred by the custodian to transport, for the
7purposes of attending regularly scheduled day-time classes, a
8qualifying pupil between such qualifying pupil's residence and
9the school at which such qualifying pupil is enrolled, as
10limited in subsection (e) of this Section, and shall include
11automobile expenses at the standard mileage rate allowed by the
12United States Internal Revenue Service as reimbursement for
13business transportation expense, as well as payments to mass
14transit carriers, private carriers, and contractual fees for
16    (3) "School" means a public or nonpublic elementary or
17secondary school in Illinois, attendance at which satisfies the
18requirements of Section 26-1.
19    (4) One and one-half miles distance. For the purposes of
20this Section, 1 1/2 miles distance shall be measured in a
21manner consistent with Section 29-3.
22    (5) Custodian. The term "custodian" shall mean, with
23respect to a qualifying pupil, an Illinois resident who is the
24parent, or parents, or legal guardian of such qualifying pupil.
25    (c) An individual, resident of the State of Illinois, who
26is under the age of 21 at the close of the school year for which



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1reimbursement is sought and who, during that school year, was a
2full time pupil enrolled in a kindergarten through 12th grade
3educational program at a school which was within 1 1/2 miles of
4the pupil's residence, measured in a manner consistent with
5Section 29-3, is a "qualifying pupil" within the meaning of
6this Section if (i) such pupil attends public school in a
7school district organized under Article 34 of this Code and
8must walk or otherwise travel along a safe passage route, as
9designated by the school board, to reach school or return home
10or (ii) : (i) such pupil did not have access to transportation
11provided entirely at public expense to and from that school and
12the pupil's residence, and (ii) conditions were such that
13walking would have constituted a serious hazard to the safety
14of the pupil due to vehicular traffic. The determination of
15what constitutes a serious safety hazard within the meaning of
16this subsection shall in each case be made by the Department of
17Transportation in accordance with guidelines which the
18Department, in consultation with the State Superintendent of
19Education, shall promulgate. Each custodian intending to file
20an application for reimbursement under subsection (d) for
21expenditures incurred or to be incurred with respect to a pupil
22asserted to be a qualified pupil as an individual referred to
23in this subsection shall first file with the appropriate
24regional superintendent, on forms provided by the State Board
25of Education, a request for a determination that a serious
26safety hazard within the meaning of this subsection (c) exists



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1with respect to such pupil. Custodians shall file such forms
2with the appropriate regional superintendents not later than
3February 1 of the school year for which reimbursement will be
4sought for transmittal by the regional superintendents to the
5Department of Transportation not later than February 15; except
6that any custodian who previously received a determination that
7a serious safety hazard exists need not resubmit such a request
8for 4 years but instead may certify on their application for
9reimbursement to the State Board of Education referred to in
10subsection (d), that the conditions found to be hazardous, as
11previously determined by the Department, remain unchanged. The
12Department shall make its determination on all requests so
13transmitted to it within 30 days, and shall thereupon forward
14notice of each determination which it has made to the
15appropriate regional superintendent for immediate transmittal
16to the custodian affected thereby. The determination of the
17Department relative to what constitutes a serious safety hazard
18within the meaning of subsection (c) with respect to any pupil
19shall be deemed an "administrative decision" as defined in
20Section 3-101 of the Administrative Review Law; and the
21Administrative Review Law and all amendments and modifications
22thereof and rules adopted pursuant thereto shall apply to and
23govern all proceedings instituted for the judicial review of
24final administrative decisions of the Department of
25Transportation under this subsection.
26    (d) Request for reimbursement. A custodian, including a



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1custodian for a pupil asserted to be a qualified pupil as an
2individual referred to in subsection (c), who applies in
3accordance with procedures established by the State Board of
4Education shall be reimbursed in accordance with the dollar
5limits set out in this Section. Such procedures shall require
6application no later than June 30 of each year, documentation
7as to eligibility, and adequate evidence of expenditures;
8except that for reimbursement sought pursuant to subsection (c)
9for the 1985-1986 school year, such procedures shall require
10application within 21 days after the determination of the
11Department of Transportation with respect to that school year
12is transmitted by the regional superintendent to the affected
13custodian. In the absence of contemporaneous records, an
14affidavit by the custodian may be accepted as evidence of an
15expenditure. If the amount appropriated for such reimbursement
16for any year is less than the amount due each custodian, it
17shall be apportioned on the basis of the requests approved.
18Regional Superintendents shall be reimbursed for such costs of
19administering the program, including costs incurred in
20administering the provisions of subsection (c), as the State
21Board of Education determines are reasonable and necessary.
22    (e) Dollar limit on amount of reimbursement. Reimbursement
23to custodians for transportation expenses incurred during the
241985-1986 school year, payable in fiscal year 1987, shall be
25equal to the lesser of (1) the actual qualified transportation
26expenses, or (2) $50 per pupil. Reimbursement to custodians for



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1transportation expenses incurred during the 1986-1987 school
2year, payable in fiscal year 1988, shall be equal to the lesser
3of (1) the actual qualified transportation expenses, or (2)
4$100 per pupil. For reimbursements of qualified transportation
5expenses incurred in 1987-1988 and thereafter, the amount of
6reimbursement shall not exceed the prior year's State
7reimbursement per pupil for transporting pupils as required by
8Section 29-3 and other provisions of this Article.
9    (f) Rules and regulations. The State Board of Education
10shall adopt rules to implement this Section.
11    (g) The provisions of this amendatory Act of 1986 shall
12apply according to their terms to the entire 1985-1986 school
13year, including any portion of that school year which elapses
14prior to the effective date of this amendatory Act, and to each
15subsequent school year.
16    (h) The chief administrative officer of each school shall
17notify custodians of qualifying pupils that reimbursements are
18available. Notification shall occur by the first Monday in
19November of the school year for which reimbursement is
21(Source: P.A. 91-357, eff. 7-29-99.)