Public Act 100-1142
 
HB5195 EnrolledLRB100 20132 AXK 35416 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
29-3 as follows:
 
    (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
    Sec. 29-3. Transportation in school districts. School
boards of community consolidated districts, community unit
districts, consolidated districts, consolidated high school
districts, optional elementary unit districts, combined high
school - unit districts, combined school districts if the
combined district includes any district which was previously
required to provide transportation, and any newly created
elementary or high school districts resulting from a high
school - unit conversion, a unit to dual conversion, or a
multi-unit conversion if the newly created district includes
any area that was previously required to provide transportation
shall provide free transportation for pupils residing at a
distance of one and one-half miles or more from any school to
which they are assigned for attendance maintained within the
district, except for those pupils for whom the school board
shall certify to the State Board of Education that adequate
transportation for the public is available.
    For the purpose of this Act 1 1/2 miles distance shall be
from the exit of the property where the pupil resides to the
point where pupils are normally unloaded at the school
attended; such distance shall be measured by determining the
shortest distance on normally traveled roads or streets.
    Such school board may comply with the provisions of this
Section by providing free transportation for pupils to and from
an assigned school and a pick-up point located not more than
one and one-half miles from the home of each pupil assigned to
such point.
    For the purposes of this Act "adequate transportation for
the public" shall be assumed to exist for such pupils as can
reach school by walking, one way, along normally traveled roads
or streets less than 1 1/2 miles irrespective of the distance
the pupil is transported by public transportation.
    In addition to the other requirements of this Section, each
school board may provide free transportation for any pupil
residing within 1 1/2 miles from the school attended where
conditions are such that walking, either to or from the school
to which a pupil is assigned for attendance or to or from a
pick-up point or bus stop, constitutes a serious hazard to the
safety of the pupil due to either (i) vehicular traffic or rail
crossings or (ii) a course or pattern of criminal activity, as
defined in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act. Such transportation shall not be
provided if adequate transportation for the public is
available.
    The determination as to what constitutes a serious safety
hazard shall be made by the school board, in accordance with
guidelines promulgated by the Illinois Department of
Transportation regarding vehicular traffic or rail crossings
or in accordance with guidelines regarding a course or pattern
of criminal activity, as determined by the local law
enforcement agency, in consultation with the State
Superintendent of Education. A school board, on written
petition of the parent or guardian of a pupil for whom adequate
transportation for the public is alleged not to exist because
the pupil is required to walk along normally traveled roads or
streets where walking is alleged to constitute a serious safety
hazard due to either (i) vehicular traffic or rail crossings or
(ii) a course or pattern of criminal activity, or who is
required to walk between the pupil's home and assigned school
or between the pupil's home or assigned school and a pick-up
point or bus stop along roads or streets where walking is
alleged to constitute a serious safety hazard due to either (i)
vehicular traffic or rail crossings or (ii) a course or pattern
of criminal activity, shall conduct a study and make findings,
which the Department of Transportation, with respect to
vehicular traffic or rail crossings, or the State Board of
Education, in consultation with the local law enforcement
agency, with respect to a course or pattern of criminal
activity, shall review and approve or disapprove as provided in
this Section, to determine whether a serious safety hazard
exists as alleged in the petition. The Department of
Transportation shall review the findings of the school board
concerning vehicular traffic or rail crossings and shall
approve or disapprove the school board's determination that a
serious safety hazard exists within 30 days after the school
board submits its findings to the Department of Transportation.
The State Board of Education, in consultation with the local
law enforcement agency, shall review the findings of the school
board concerning a course or pattern of criminal activity and
shall approve or disapprove the school board's determination
that a serious safety hazard exists within 30 days after the
school board submits its findings to the State Board. The
school board shall annually review the conditions and determine
whether or not the hazardous conditions remain unchanged. The
State Superintendent of Education may request that the Illinois
Department of Transportation or the local law enforcement
agency verify that the conditions have not changed. No action
shall lie against the school board, the State Superintendent of
Education, or the Illinois Department of Transportation, the
State Board of Education, or a local law enforcement agency for
decisions made in accordance with this Section. The provisions
of the Administrative Review Law and all amendments and
modifications thereof and the rules adopted pursuant thereto
shall apply to and govern all proceedings instituted for the
judicial review of final administrative decisions of the
Department of Transportation, the State Board of Education, or
a local law enforcement agency under this Section. At all
points, except when otherwise mentioned in this Section, the
local enforcement agency is authorized to determine what
constitutes a course or pattern of criminal activity.
    The changes made to this Section by this amendatory Act of
the 100th General Assembly do not apply to a school district
organized under Article 34 of this Code.
(Source: P.A. 94-439, eff. 8-4-05; 95-903, eff. 8-25-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.