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SB1850 Engrossed |
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LRB094 05820 LJB 35874 b |
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| AN ACT concerning schools.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section |
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| 29-3 as follows:
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| (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
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| Sec. 29-3. Transportation in school districts. School |
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| boards
of community consolidated districts, community unit
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| districts, consolidated districts, and consolidated high |
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| school
districts, and combined school districts if the combined |
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| district
includes any district which was previously required to |
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| provide
transportation, shall provide free transportation
for |
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| pupils residing at a distance of one and one-half miles or more |
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| from
any school to which they are assigned for attendance |
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| maintained within the
district except for those pupils for whom |
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| the school board shall certify to
the State Board of Education |
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| that adequate transportation for the public is
available.
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| For the purpose of this Act 1 1/2 miles distance shall be |
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| from the exit
of the property where the pupil resides to the |
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| point where pupils are normally
unloaded at the school |
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| attended; such distance shall be measured by determining
the |
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| shortest distance on normally traveled roads or streets.
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| Such school board may comply with the provisions of this |
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| Section by
providing free transportation for pupils to and from |
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| an assigned school
and a pick-up point located not more than |
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| one and one-half miles from
the home of each pupil assigned to |
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| such point.
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| For the purposes of this Act "adequate transportation for |
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| the public"
shall be assumed to exist for such pupils as can |
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| reach school by
walking, one way, along normally traveled roads |
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| or streets
less than 1
1/2 miles irrespective of the distance |
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| the
pupil is transported by public transportation.
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LRB094 05820 LJB 35874 b |
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| In addition to the other requirements of this Section, each |
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| school board may
provide free transportation for any pupil |
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| residing within 1 1/2 miles from the
school attended where |
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| conditions are such that walking, either to or from the
school |
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| to which a pupil is assigned for attendance or to or from a |
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| pick-up
point or bus stop, constitutes a serious hazard to the |
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| safety of the pupil
due to vehicular traffic or rail crossings. |
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| Such transportation shall not
be provided if adequate |
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| transportation for the public is available.
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| The determination as to what constitutes a serious safety |
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| hazard shall
be made by the school board, in accordance with |
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| guidelines promulgated by
the Illinois Department of |
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| Transportation, in consultation with the State
Superintendent |
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| of Education. A school board, on written petition of the
parent |
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| or guardian of a pupil for whom adequate transportation for the |
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| public
is alleged not to exist because the pupil is required to |
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| walk along normally
traveled roads or streets where walking is |
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| alleged to constitute a serious
safety hazard due to vehicular |
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| traffic or rail crossings, or who is required to
walk between |
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| the
pupil's home and assigned school or between the pupil's |
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| home or assigned school
and a pick-up point or bus stop along |
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| roads or streets where walking is alleged
to constitute a |
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| serious safety hazard due to vehicular traffic or rail
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| crossings, shall conduct a
study and make findings, which the |
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| Department of Transportation shall review
and approve
or |
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| disapprove as provided in this Section, to determine whether a |
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| serious
safety hazard exists as alleged in the petition. The
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| Department of Transportation shall review
the findings of the |
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| school board and shall approve or disapprove the school
board's |
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| determination that a serious safety hazard exists within 30 |
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| days
after the school board submits its findings to the |
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| Department. The school board
shall annually review the |
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| conditions and determine
certify to the State Superintendent
of |
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| Education whether or not the hazardous conditions remain |
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| unchanged. The
State Superintendent of Education may request |
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| that the Illinois Department
of Transportation verify that the |
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LRB094 05820 LJB 35874 b |
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| conditions have not changed. No action
shall lie against the |
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| school board, the State Superintendent of Education
or the |
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| Illinois Department of Transportation for decisions made in |
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| accordance
with this Section. The provisions of the |
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| Administrative Review Law and all
amendments and modifications |
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| thereof and the rules adopted pursuant thereto
shall apply to |
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| and govern all proceedings instituted for the judicial
review |
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| of final administrative decisions of the Department of
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| Transportation under this Section.
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| (Source: P.A. 90-223, eff. 1-1-98.)
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| Section 99. Effective date. This Act takes effect July 1, |
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| 2005.
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