Illinois General Assembly - Full Text of HB0536
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Full Text of HB0536  100th 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
529-3 as follows:
6    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
7    Sec. 29-3. Transportation in school districts. School
8boards of community consolidated districts, community unit
9districts, consolidated districts, consolidated high school
10districts, optional elementary unit districts, combined high
11school - unit districts, combined school districts if the
12combined district includes any district which was previously
13required to provide transportation, and any newly created
14elementary or high school districts resulting from a high
15school - unit conversion, a unit to dual conversion, or a
16multi-unit conversion if the newly created district includes
17any area that was previously required to provide transportation
18shall provide free transportation for pupils residing at a
19distance of one and one-half miles or more from any school to
20which they are assigned for attendance maintained within the
21district, except for those pupils for whom the school board
22shall certify to the State Board of Education that adequate
23transportation for the public is available.



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1    For the purpose of this Act 1 1/2 miles distance shall be
2from the exit of the property where the pupil resides to the
3point where pupils are normally unloaded at the school
4attended; such distance shall be measured by determining the
5shortest distance on normally traveled roads or streets.
6    Such school board may comply with the provisions of this
7Section by providing free transportation for pupils to and from
8an assigned school and a pick-up point located not more than
9one and one-half miles from the home of each pupil assigned to
10such point.
11    For the purposes of this Act "adequate transportation for
12the public" shall be assumed to exist for such pupils as can
13reach school by walking, one way, along normally traveled roads
14or streets less than 1 1/2 miles irrespective of the distance
15the pupil is transported by public transportation.
16    In addition to the other requirements of this Section, each
17school board may provide free transportation for any pupil
18residing within 1 1/2 miles from the school attended where
19conditions are such that walking, either to or from the school
20to which a pupil is assigned for attendance or to or from a
21pick-up point or bus stop, constitutes a serious hazard to the
22safety of the pupil due to either (i) vehicular traffic or rail
23crossings or (ii) a course or pattern of criminal activity, as
24defined in Section 10 of the Illinois Streetgang Terrorism
25Omnibus Prevention Act. Such transportation shall not be
26provided if adequate transportation for the public is



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2    The determination as to what constitutes a serious safety
3hazard shall be made by the school board, in accordance with
4guidelines promulgated by the Illinois Department of
5Transportation regarding vehicular traffic or rail crossings
6or in accordance with guidelines regarding a course or pattern
7of criminal activity, as determined by the local law
8enforcement agency, in consultation with the State
9Superintendent of Education. A school board, on written
10petition of the parent or guardian of a pupil for whom adequate
11transportation for the public is alleged not to exist because
12the pupil is required to walk along normally traveled roads or
13streets where walking is alleged to constitute a serious safety
14hazard due to either (i) vehicular traffic or rail crossings or
15(ii) a course or pattern of criminal activity, or who is
16required to walk between the pupil's home and assigned school
17or between the pupil's home or assigned school and a pick-up
18point or bus stop along roads or streets where walking is
19alleged to constitute a serious safety hazard due to either (i)
20vehicular traffic or rail crossings or (ii) a course or pattern
21of criminal activity, shall conduct a study and make findings,
22which the Department of Transportation, with respect to
23vehicular traffic or rail crossings, or the State Board of
24Education, in consultation with the local law enforcement
25agency, with respect to a course or pattern of criminal
26activity, shall review and approve or disapprove as provided in



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1this Section, to determine whether a serious safety hazard
2exists as alleged in the petition. The Department of
3Transportation shall review the findings of the school board
4concerning vehicular traffic or rail crossings and shall
5approve or disapprove the school board's determination that a
6serious safety hazard exists within 30 days after the school
7board submits its findings to the Department of Transportation.
8The State Board of Education, in consultation with the local
9law enforcement agency, shall review the findings of the school
10board concerning a course or pattern of criminal activity and
11shall approve or disapprove the school board's determination
12that a serious safety hazard exists within 30 days after the
13school board submits its findings to the State Board. The
14school board shall annually review the conditions and determine
15whether or not the hazardous conditions remain unchanged. The
16State Superintendent of Education may request that the Illinois
17Department of Transportation or the local law enforcement
18agency verify that the conditions have not changed. No action
19shall lie against the school board, the State Superintendent of
20Education, or the Illinois Department of Transportation, the
21State Board of Education, or a local law enforcement agency for
22decisions made in accordance with this Section. The provisions
23of the Administrative Review Law and all amendments and
24modifications thereof and the rules adopted pursuant thereto
25shall apply to and govern all proceedings instituted for the
26judicial review of final administrative decisions of the



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1Department of Transportation, the State Board of Education, or
2a local law enforcement agency under this Section. At all
3points, except when otherwise mentioned in this Section, the
4local enforcement agency is authorized to determine what
5constitutes a course or pattern of criminal activity.
6    The changes made to this Section by this amendatory Act of
7the 100th General Assembly do not apply to a school district
8organized under Article 34 of this Code.
9(Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.