Public Act 100-1142
 
HB5195 EnrolledLRB100 20132 AXK 35416 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  





 
    Section 5. The School Code is amended  by changing Section 
29-3 as follows:
 



    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)



    Sec. 29-3. Transportation in school districts. School 
boards
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
available.

    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 either (i) vehicular traffic or rail 
crossings or (ii) a course or pattern of criminal activity, as 
defined in Section 10 of the Illinois Streetgang Terrorism 
Omnibus Prevention Act.  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 regarding vehicular traffic or rail crossings 
or in accordance with guidelines regarding a course or pattern 
of criminal activity, as determined by the local law 
enforcement  agency,  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 either (i) vehicular traffic or rail crossings or 
(ii) a course or pattern of criminal activity,  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 either (i) 
vehicular traffic or rail
crossings or (ii) a course or pattern 
of criminal activity,  shall conduct a
study and make findings, 
which the Department of Transportation, with respect to 
vehicular traffic or rail crossings, or the State Board of 
Education, in consultation with the local law enforcement 
agency, with respect to a course or pattern of criminal 
activity, shall review
and approve
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 
concerning vehicular traffic or rail crossings 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 of Transportation. 
The State Board of Education, in consultation with the local 
law enforcement agency, shall review the findings of the school 
board concerning a course or pattern of criminal activity 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 State Board. 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 or the local law enforcement 
agency 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, the 
State Board of Education, or a local law enforcement agency 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, the State Board of Education, or 
a local law enforcement agency under this Section. At all 
points, except when otherwise mentioned in this Section, the 
local enforcement agency is authorized to determine what 
constitutes a course or pattern of criminal activity. 

    The changes made to this Section by this amendatory Act of 
the 100th General Assembly do not apply to a school district 
organized under Article 34 of this Code. 
(Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.