Full Text of SB0052 99th General Assembly
SB0052sam002 99TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 3/12/2015
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| 1 | | AMENDMENT TO SENATE BILL 52
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 52, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The School Code is amended by changing Section | 6 | | 29-3 as follows:
| 7 | | (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
| 8 | | Sec. 29-3. Transportation in school districts. School | 9 | | boards
of community consolidated districts, community unit
| 10 | | districts, consolidated districts, consolidated high school
| 11 | | districts, optional elementary unit districts, combined high | 12 | | school - unit districts, combined school districts if the | 13 | | combined district
includes any district which was previously | 14 | | required to provide
transportation, and any newly created | 15 | | elementary or high school districts resulting from a high | 16 | | school - unit conversion, a unit to dual conversion, or a |
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| 1 | | multi-unit conversion if the newly created district includes | 2 | | any area that was previously required to provide transportation | 3 | | shall provide free transportation
for pupils residing at a | 4 | | distance of one and one-half miles or more from
any school to | 5 | | which they are assigned for attendance maintained within the
| 6 | | district, except for those pupils for whom the school board | 7 | | shall certify to
the State Board of Education that adequate | 8 | | transportation for the public is
available.
| 9 | | For the purpose of this Act 1 1/2 miles distance shall be | 10 | | from the exit
of the property where the pupil resides to the | 11 | | point where pupils are normally
unloaded at the school | 12 | | attended; such distance shall be measured by determining
the | 13 | | shortest distance on normally traveled roads or streets.
| 14 | | Such school board may comply with the provisions of this | 15 | | Section by
providing free transportation for pupils to and from | 16 | | an assigned school
and a pick-up point located not more than | 17 | | one and one-half miles from
the home of each pupil assigned to | 18 | | such point.
| 19 | | For the purposes of this Act "adequate transportation for | 20 | | the public"
shall be assumed to exist for such pupils as can | 21 | | reach school by
walking, one way, along normally traveled roads | 22 | | or streets
less than 1
1/2 miles irrespective of the distance | 23 | | the
pupil is transported by public transportation.
| 24 | | In addition to the other requirements of this Section, each | 25 | | school board may
provide free transportation for any pupil | 26 | | residing within 1 1/2 miles from the
school attended where |
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| 1 | | conditions are such that walking, either to or from the
school | 2 | | to which a pupil is assigned for attendance or to or from a | 3 | | pick-up
point or bus stop, constitutes a serious hazard to the | 4 | | safety of the pupil
due to either (i) vehicular traffic or rail | 5 | | crossings or (ii) a significant risk of violent crime . Such | 6 | | transportation shall not
be provided if adequate | 7 | | transportation for the public is available.
| 8 | | The determination as to what constitutes a serious safety | 9 | | hazard shall
be made by the school board, in accordance with | 10 | | guidelines promulgated by
the Illinois Department of | 11 | | Transportation regarding vehicular traffic or rail crossings | 12 | | or in accordance with guidelines adopted by the Department of | 13 | | State Police regarding a significant risk of violent crime , in | 14 | | consultation with the State
Superintendent of Education. A | 15 | | school board, on written petition of the
parent or guardian of | 16 | | a pupil for whom adequate transportation for the public
is | 17 | | alleged not to exist because the pupil is required to walk | 18 | | along normally
traveled roads or streets where walking is | 19 | | alleged to constitute a serious
safety hazard due to either (i) | 20 | | vehicular traffic or rail crossings or (ii) a significant risk | 21 | | of violent crime , or who is required to
walk between the
| 22 | | pupil's home and assigned school or between the pupil's home or | 23 | | assigned school
and a pick-up point or bus stop along roads or | 24 | | streets where walking is alleged
to constitute a serious safety | 25 | | hazard due to either (i) vehicular traffic or rail
crossings or | 26 | | (ii) a significant risk of violent crime , shall conduct a
study |
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| 1 | | and make findings, which the Department of Transportation , with | 2 | | respect to vehicular traffic or rail crossings, or the local | 3 | | police, with respect to a significant risk of violent crime, | 4 | | shall review
and approve
or disapprove as provided in this | 5 | | Section, to determine whether a serious
safety hazard exists as | 6 | | alleged in the petition. The
Department of Transportation shall | 7 | | review
the findings of the school board concerning vehicular | 8 | | traffic or rail crossings and shall approve or disapprove the | 9 | | school
board's determination that a serious safety hazard | 10 | | exists within 30 days
after the school board submits its | 11 | | findings to the Department of Transportation . The local police | 12 | | shall review the findings of the school board concerning a | 13 | | significant risk of violent crime and shall approve or | 14 | | disapprove the school board's determination that a serious | 15 | | safety hazard exists within 30 days after the school board | 16 | | submits its findings to the Department of State Police. The | 17 | | school board
shall annually review the conditions and determine | 18 | | whether or not the hazardous conditions remain unchanged. The
| 19 | | State Superintendent of Education may request that the Illinois | 20 | | Department
of Transportation or the local police verify that | 21 | | the conditions have not changed. No action
shall lie against | 22 | | the school board, the State Superintendent of Education ,
or the | 23 | | Illinois Department of Transportation , or the local police for | 24 | | decisions made in accordance
with this Section. The provisions | 25 | | of the Administrative Review Law and all
amendments and | 26 | | modifications thereof and the rules adopted pursuant thereto
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| 1 | | shall apply to and govern all proceedings instituted for the | 2 | | judicial
review of final administrative decisions of the | 3 | | Department of
Transportation or the local police under this | 4 | | Section.
| 5 | | The changes made to this Section by this amendatory Act of | 6 | | the 99th General Assembly do not apply to a school district | 7 | | organized under Article 34 of this Code. | 8 | | (Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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