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


Sen. Kimberly A. Lightford

Filed: 5/16/2014





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2    AMENDMENT NO. ______. Amend House Bill 3662 by replacing
3everything after the enacting clause with the following:
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



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1    (B) is under the age of 21 at the close of the school year
2for which reimbursement is sought; and
3    (C) during the school year for which reimbursement is
4sought was a full-time pupil enrolled in a kindergarten through
512th grade educational program at a school which was a distance
6of 1 1/2 miles or more from the residence of such pupil; and
7    (D) did not live within 1 1/2 miles from the school in
8which the pupil was enrolled or have access to transportation
9provided entirely at public expense to and from that school and
10a point within 1 1/2 miles of the pupil's residence, measured
11in a manner consistent with Section 29-3.
12    (2) "Qualified transportation expenses" means costs
13reasonably incurred by the custodian to transport, for the
14purposes of attending regularly scheduled day-time classes, a
15qualifying pupil between such qualifying pupil's residence and
16the school at which such qualifying pupil is enrolled, as
17limited in subsection (e) of this Section, and shall include
18automobile expenses at the standard mileage rate allowed by the
19United States Internal Revenue Service as reimbursement for
20business transportation expense, as well as payments to mass
21transit carriers, private carriers, and contractual fees for
23    (3) "School" means a public or nonpublic elementary or
24secondary school in Illinois, attendance at which satisfies the
25requirements of Section 26-1.
26    (4) One and one-half miles distance. For the purposes of



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



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



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1Section 3-101 of the Administrative Review Law; and the
2Administrative Review Law and all amendments and modifications
3thereof and rules adopted pursuant thereto shall apply to and
4govern all proceedings instituted for the judicial review of
5final administrative decisions of the Department of
6Transportation under this subsection.
7    (d) Request for reimbursement. A custodian, including a
8custodian for a pupil asserted to be a qualified pupil as an
9individual referred to in subsection (c), who applies in
10accordance with procedures established by the State Board of
11Education shall be reimbursed in accordance with the dollar
12limits set out in this Section. Such procedures shall require
13application no later than June 30 of each year, documentation
14as to eligibility, and adequate evidence of expenditures;
15except that for reimbursement sought pursuant to subsection (c)
16for the 1985-1986 school year, such procedures shall require
17application within 21 days after the determination of the
18Department of Transportation with respect to that school year
19is transmitted by the regional superintendent to the affected
20custodian. In the absence of contemporaneous records, an
21affidavit by the custodian may be accepted as evidence of an
22expenditure. If the amount appropriated for such reimbursement
23for any year is less than the amount due each custodian, it
24shall be apportioned on the basis of the requests approved.
25Regional Superintendents shall be reimbursed for such costs of
26administering the program, including costs incurred in



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1administering the provisions of subsection (c), as the State
2Board of Education determines are reasonable and necessary.
3    (e) Dollar limit on amount of reimbursement. Reimbursement
4to custodians for transportation expenses incurred during the
51985-1986 school year, payable in fiscal year 1987, shall be
6equal to the lesser of (1) the actual qualified transportation
7expenses, or (2) $50 per pupil. Reimbursement to custodians for
8transportation expenses incurred during the 1986-1987 school
9year, payable in fiscal year 1988, shall be equal to the lesser
10of (1) the actual qualified transportation expenses, or (2)
11$100 per pupil. For reimbursements of qualified transportation
12expenses incurred in 1987-1988 and thereafter, the amount of
13reimbursement shall not exceed the prior year's State
14reimbursement per pupil for transporting pupils as required by
15Section 29-3 and other provisions of this Article.
16    (f) Rules and regulations. The State Board of Education
17shall adopt rules to implement this Section.
18    (g) The provisions of this amendatory Act of 1986 shall
19apply according to their terms to the entire 1985-1986 school
20year, including any portion of that school year which elapses
21prior to the effective date of this amendatory Act, and to each
22subsequent school year.
23    (h) The chief administrative officer of each school shall
24notify custodians of qualifying pupils that reimbursements are
25available. Notification shall occur by the first Monday in
26November of the school year for which reimbursement is



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2(Source: P.A. 91-357, eff. 7-29-99.)".