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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||
5 | 29-5.2 as follows:
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6 | (105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2)
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7 | Sec. 29-5.2. Reimbursement of transportation.
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8 | (a) Reimbursement. A
custodian of a qualifying pupil shall | ||||||||||||||||||||||||
9 | be entitled to reimbursement in
accordance with procedures | ||||||||||||||||||||||||
10 | established by the State Board of Education for
qualified | ||||||||||||||||||||||||
11 | transportation expenses paid by such custodian during the | ||||||||||||||||||||||||
12 | school
year.
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13 | (b) Definitions. As used in this Section:
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14 | (1) "Qualifying pupil" means an individual referred to | ||||||||||||||||||||||||
15 | in subsection
(c), as well as an individual who:
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16 | (A) is a resident of the State of Illinois; and
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17 | (B) is under the age of 21 at the close of the | ||||||||||||||||||||||||
18 | school year for which
reimbursement is sought; and
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19 | (C) during the school year for which reimbursement | ||||||||||||||||||||||||
20 | is sought was a
full-time pupil enrolled in a | ||||||||||||||||||||||||
21 | kindergarten through 12th grade educational
program at | ||||||||||||||||||||||||
22 | a school which was a distance of 1 1/2 miles or more | ||||||||||||||||||||||||
23 | from the
residence of such pupil; and
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1 | (D) did not live within 1 1/2 miles from the school | ||||||
2 | in which the pupil
was enrolled or have access to | ||||||
3 | transportation provided entirely at public
expense to | ||||||
4 | and from that school and a point within 1 1/2 miles of | ||||||
5 | the
pupil's residence, measured in a manner consistent | ||||||
6 | with Section 29-3.
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7 | (2) "Qualified transportation expenses" means costs | ||||||
8 | reasonably incurred
by the custodian to transport, for the | ||||||
9 | purposes of attending regularly
scheduled day-time | ||||||
10 | classes, a qualifying pupil between such qualifying
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11 | pupil's residence and the school at which such qualifying | ||||||
12 | pupil is
enrolled, as limited in subsection (e) of this | ||||||
13 | Section, and shall include
automobile expenses at the | ||||||
14 | standard mileage rate allowed by the United States
Internal | ||||||
15 | Revenue Service as reimbursement for business | ||||||
16 | transportation
expense, as well as payments to mass transit | ||||||
17 | carriers, private carriers,
and contractual fees for | ||||||
18 | transportation.
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19 | (3) "School" means a public or nonpublic elementary or | ||||||
20 | secondary school
in Illinois, attendance at which | ||||||
21 | satisfies the requirements of Section 26-1.
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22 | (4) One and one-half miles distance. For the purposes | ||||||
23 | of this Section, 1
1/2 miles distance shall be measured in | ||||||
24 | a manner consistent with Section 29-3.
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25 | (5) Custodian. The term "custodian" shall mean, with | ||||||
26 | respect to a
qualifying pupil, an Illinois resident who is |
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1 | the parent, or parents,
or legal guardian of such | ||||||
2 | qualifying pupil.
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3 | (c) An individual, resident of the State of Illinois, who | ||||||
4 | is under
the age of 21 at the close of the
school year for which | ||||||
5 | reimbursement is sought and who, during that school
year, was a | ||||||
6 | full time pupil enrolled in a kindergarten through 12th grade
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7 | educational program at a school which was within 1 1/2 miles of | ||||||
8 | the pupil's
residence, measured in a manner consistent with | ||||||
9 | Section 29-3, is a
"qualifying pupil" within the meaning of | ||||||
10 | this Section if: (i) such pupil
did not have access to | ||||||
11 | transportation provided entirely at public expense
to and from | ||||||
12 | that school and the pupil's residence, and (ii) (A) for a | ||||||
13 | public school pupil, conditions were such that walking would | ||||||
14 | have constituted a serious hazard to the safety of the pupil, | ||||||
15 | including without limitation a serious safety hazard due to | ||||||
16 | gangs, violent activity, or vehicular traffic or (B) for a | ||||||
17 | nonpublic school pupil, conditions were
such that walking would | ||||||
18 | have constituted a serious hazard to the safety of
the pupil | ||||||
19 | due to vehicular traffic. Except for serious safety hazards due | ||||||
20 | to vehicular traffic, the determination of what constitutes a | ||||||
21 | serious safety hazard within the meaning of this subsection | ||||||
22 | shall in each case be made by the State Board of Education in | ||||||
23 | accordance with guidelines that the State Board of Education | ||||||
24 | shall adopt. The determination of what constitutes
a serious | ||||||
25 | safety hazard due to vehicular traffic within the meaning of | ||||||
26 | this subsection shall in each
case be made by the Department of |
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1 | Transportation in accordance with
guidelines which the | ||||||
2 | Department, in consultation with the State
Superintendent of | ||||||
3 | Education, shall promulgate. Each custodian intending to
file | ||||||
4 | an application for reimbursement under subsection (d) for | ||||||
5 | expenditures
incurred or to be incurred with respect to a pupil | ||||||
6 | asserted to be a
qualified pupil as an individual referred to | ||||||
7 | in this subsection shall first
file with the appropriate | ||||||
8 | regional superintendent, on forms provided by the
State Board | ||||||
9 | of Education, a request for a determination that a serious
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10 | safety hazard within the meaning of this subsection (c) exists | ||||||
11 | with respect
to such pupil. Custodians shall file such forms | ||||||
12 | with the appropriate
regional superintendents not later than | ||||||
13 | February 1 of the school year for
which reimbursement will be | ||||||
14 | sought for transmittal by the regional
superintendents to the | ||||||
15 | State Board of Education or the Department of Transportation | ||||||
16 | (with respect to serious safety hazards due to vehicular | ||||||
17 | traffic) not later than February
15; except that any custodian | ||||||
18 | who previously received a determination
that a serious safety | ||||||
19 | hazard exists need not resubmit such a request for 4
years but | ||||||
20 | instead may certify on their application for reimbursement to | ||||||
21 | the State
Board of Education referred to in subsection (d), | ||||||
22 | that the conditions found
to be hazardous, as previously | ||||||
23 | determined by the State Board of Education or the Department of | ||||||
24 | Transportation , remain
unchanged. The State Board of Education | ||||||
25 | or the Department of Transportation shall make its | ||||||
26 | determination on all requests so
transmitted to it within 30 |
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1 | days, and shall thereupon forward notice of
each determination | ||||||
2 | which it has made to the appropriate regional
superintendent | ||||||
3 | for immediate transmittal to the custodian affected thereby.
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4 | The determination of the State Board of Education or the
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5 | Department of Transportation relative to what constitutes a | ||||||
6 | serious
safety hazard within the meaning of subsection (c) with | ||||||
7 | respect to any
pupil shall be deemed an "administrative | ||||||
8 | decision" as defined in Section
3-101 of the Administrative | ||||||
9 | Review Law; and the Administrative Review Law
and all | ||||||
10 | amendments and modifications thereof and rules adopted | ||||||
11 | pursuant
thereto shall apply to and govern all proceedings | ||||||
12 | instituted for the
judicial review of final administrative | ||||||
13 | decisions of the State Board of Education or the Department of
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14 | Transportation under this subsection.
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15 | (d) Request for reimbursement. A custodian, including a
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16 | custodian for a pupil asserted to be a qualified pupil as an | ||||||
17 | individual
referred to in subsection (c), who applies in | ||||||
18 | accordance
with procedures established by the State Board of | ||||||
19 | Education shall be
reimbursed in accordance with the dollar | ||||||
20 | limits set out in this Section.
Such procedures shall require | ||||||
21 | application no later than June 30 of each
year, documentation | ||||||
22 | as to eligibility, and adequate evidence of
expenditures; | ||||||
23 | except that for reimbursement sought pursuant to subsection
(c) | ||||||
24 | for the 1985-1986 school year, such procedures shall require
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25 | application within 21 days after the determination of the State | ||||||
26 | Board of Education or the Department of
Transportation with |
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1 | respect to that school year is transmitted by the
regional | ||||||
2 | superintendent to the affected custodian. In the absence of
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3 | contemporaneous records, an affidavit by
the custodian may be | ||||||
4 | accepted as evidence of an expenditure. If the amount
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5 | appropriated for such reimbursement for any year is less than | ||||||
6 | the amount
due each custodian, it shall be apportioned on the | ||||||
7 | basis of the requests
approved. Regional Superintendents shall | ||||||
8 | be reimbursed for such costs of
administering the program, | ||||||
9 | including costs incurred in administering the
provisions of | ||||||
10 | subsection (c), as the State Board of Education determines are
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11 | reasonable and necessary.
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12 | (e) Dollar limit on amount of reimbursement. Reimbursement | ||||||
13 | to custodians
for transportation expenses incurred during the | ||||||
14 | 1985-1986 school year,
payable in fiscal year 1987, shall be | ||||||
15 | equal to the lesser of (1) the actual
qualified transportation | ||||||
16 | expenses, or (2) $50 per pupil. Reimbursement to
custodians for | ||||||
17 | transportation expenses incurred during the 1986-1987 school
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18 | year, payable in fiscal year 1988, shall be equal to the lesser | ||||||
19 | of (1) the
actual qualified transportation expenses, or (2) | ||||||
20 | $100 per pupil. For
reimbursements of qualified transportation | ||||||
21 | expenses incurred in 1987-1988
and thereafter, the amount of | ||||||
22 | reimbursement shall not exceed the prior
year's State | ||||||
23 | reimbursement per pupil for transporting pupils as required by
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24 | Section 29-3 and other provisions of this Article.
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25 | (f) Rules and regulations. The State Board of Education
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26 | shall adopt rules to implement this Section.
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1 | (g) The provisions of this amendatory Act of 1986 shall | ||||||
2 | apply according to
their terms to the entire 1985-1986 school | ||||||
3 | year, including any portion of
that school year which elapses | ||||||
4 | prior to the effective date of this
amendatory Act, and to each | ||||||
5 | subsequent school year.
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6 | (h) The chief administrative officer of each school shall | ||||||
7 | notify
custodians of qualifying pupils that reimbursements are | ||||||
8 | available.
Notification shall occur by the first Monday in | ||||||
9 | November of the school year
for which reimbursement is | ||||||
10 | available.
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11 | (Source: P.A. 91-357, eff. 7-29-99.)
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12 | Section 99. Effective date. This Act takes effect July 1, | ||||||
13 | 2007.
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