Illinois General Assembly - Full Text of SB0052
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Full Text of SB0052  99th General Assembly

SB0052sam003 99TH GENERAL ASSEMBLY

Sen. James F. Clayborne, Jr.

Filed: 3/19/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 52

2    AMENDMENT NO. ______. Amend Senate Bill 52, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Section
629-3 as follows:
 
7    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
8    Sec. 29-3. Transportation in school districts. School
9boards of community consolidated districts, community unit
10districts, consolidated districts, consolidated high school
11districts, optional elementary unit districts, combined high
12school - unit districts, combined school districts if the
13combined district includes any district which was previously
14required to provide transportation, and any newly created
15elementary or high school districts resulting from a high
16school - unit conversion, a unit to dual conversion, or a

 

 

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1multi-unit conversion if the newly created district includes
2any area that was previously required to provide transportation
3shall provide free transportation for pupils residing at a
4distance of one and one-half miles or more from any school to
5which they are assigned for attendance maintained within the
6district, except for those pupils for whom the school board
7shall certify to the State Board of Education that adequate
8transportation for the public is available.
9    For the purpose of this Act 1 1/2 miles distance shall be
10from the exit of the property where the pupil resides to the
11point where pupils are normally unloaded at the school
12attended; such distance shall be measured by determining the
13shortest distance on normally traveled roads or streets.
14    Such school board may comply with the provisions of this
15Section by providing free transportation for pupils to and from
16an assigned school and a pick-up point located not more than
17one and one-half miles from the home of each pupil assigned to
18such point.
19    For the purposes of this Act "adequate transportation for
20the public" shall be assumed to exist for such pupils as can
21reach school by walking, one way, along normally traveled roads
22or streets less than 1 1/2 miles irrespective of the distance
23the pupil is transported by public transportation.
24    In addition to the other requirements of this Section, each
25school board may provide free transportation for any pupil
26residing within 1 1/2 miles from the school attended where

 

 

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1conditions are such that walking, either to or from the school
2to which a pupil is assigned for attendance or to or from a
3pick-up point or bus stop, constitutes a serious hazard to the
4safety of the pupil due to either (i) vehicular traffic or rail
5crossings or (ii) a course or pattern of criminal activity, as
6defined in Section 10 of the Illinois Streetgang Terrorism
7Omnibus Prevention Act. Such transportation shall not be
8provided if adequate transportation for the public is
9available.
10    The determination as to what constitutes a serious safety
11hazard shall be made by the school board, in accordance with
12guidelines promulgated by the Illinois Department of
13Transportation regarding vehicular traffic or rail crossings
14or in accordance with guidelines regarding a course of pattern
15of criminal activity, as determined by the local law
16enforcement agency, in consultation with the State
17Superintendent of Education. A school board, on written
18petition of the parent or guardian of a pupil for whom adequate
19transportation for the public is alleged not to exist because
20the pupil is required to walk along normally traveled roads or
21streets where walking is alleged to constitute a serious safety
22hazard due to either (i) vehicular traffic or rail crossings or
23(ii) a course or pattern of criminal activity, or who is
24required to walk between the pupil's home and assigned school
25or between the pupil's home or assigned school and a pick-up
26point or bus stop along roads or streets where walking is

 

 

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1alleged to constitute a serious safety hazard due to either (i)
2vehicular traffic or rail crossings or (ii) a course or pattern
3of criminal activity, shall conduct a study and make findings,
4which the Department of Transportation, with respect to
5vehicular traffic or rail crossings, or the State Board of
6Education, in consultation with the local law enforcement
7agency, with respect to a course or pattern of criminal
8activity, shall review and approve or disapprove as provided in
9this Section, to determine whether a serious safety hazard
10exists as alleged in the petition. The Department of
11Transportation shall review the findings of the school board
12concerning vehicular traffic or rail crossings and shall
13approve or disapprove the school board's determination that a
14serious safety hazard exists within 30 days after the school
15board submits its findings to the Department of Transportation.
16The State Board of Education, in consultation with the local
17law enforcement agency, shall review the findings of the school
18board concerning a course or pattern of criminal activity and
19shall approve or disapprove the school board's determination
20that a serious safety hazard exists within 30 days after the
21school board submits its findings to the State Board. The
22school board shall annually review the conditions and determine
23whether or not the hazardous conditions remain unchanged. The
24State Superintendent of Education may request that the Illinois
25Department of Transportation or the local law enforcement
26agency verify that the conditions have not changed. No action

 

 

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1shall lie against the school board, the State Superintendent of
2Education, or the Illinois Department of Transportation, the
3State Board of Education, or a local law enforcement agency for
4decisions made in accordance with this Section. The provisions
5of the Administrative Review Law and all amendments and
6modifications thereof and the rules adopted pursuant thereto
7shall apply to and govern all proceedings instituted for the
8judicial review of final administrative decisions of the
9Department of Transportation, the State Board of Education, or
10a local law enforcement agency under this Section. At all
11points, except when otherwise mentioned in this Section, the
12local enforcement agency is authorized to determine what
13constitutes a course or pattern of criminal activity.
14(Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".