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which the pupil
was enrolled or have access to transportation |
provided entirely at public
expense to and from that school and |
a point within 1 1/2 miles of the
pupil's residence, measured |
in a manner consistent with Section 29-3.
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(2) "Qualified transportation expenses" means costs |
reasonably incurred
by the custodian to transport, for the |
purposes of attending regularly
scheduled day-time classes, a |
qualifying pupil between such qualifying
pupil's residence and |
the school at which such qualifying pupil is
enrolled, as |
limited in subsection (e) of this Section, and shall include
|
automobile expenses at the standard mileage rate allowed by the |
United States
Internal Revenue Service as reimbursement for |
business transportation
expense, as well as payments to mass |
transit carriers, private carriers,
and contractual fees for |
transportation.
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(3) "School" means a public or nonpublic elementary or |
secondary school
in Illinois, attendance at which satisfies the |
requirements of Section 26-1.
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(4) One and one-half miles distance. For the purposes of |
this Section, 1
1/2 miles distance shall be measured in a |
manner consistent with Section 29-3.
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(5) Custodian. The term "custodian" shall mean, with |
respect to a
qualifying pupil, an Illinois resident who is the |
parent, or parents,
or legal guardian of such qualifying pupil.
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(c) An individual, resident of the State of Illinois, who |
is under
the age of 21 at the close of the
school year for which |
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reimbursement is sought and who, during that school
year, was a |
full time pupil enrolled in a kindergarten through 12th grade
|
educational program at a school which was within 1 1/2 miles of |
the pupil's
residence, measured in a manner consistent with |
Section 29-3, is a
"qualifying pupil" within the meaning of |
this Section if (i) such pupil attends public school in a |
school district organized under Article 34 of this Code and |
must walk or otherwise travel along a safe passage route, as |
designated by
the school board, to reach school or return home |
or
(ii) : (i) such pupil
did not have access to transportation |
provided entirely at public expense
to and from that school and |
the pupil's residence, and (ii) conditions were
such that |
walking would have constituted a serious hazard to the safety |
of
the pupil due to vehicular traffic. The determination of |
what constitutes
a serious safety hazard within the meaning of |
this subsection shall in each
case be made by the Department of |
Transportation in accordance with
guidelines which the |
Department, in consultation with the State
Superintendent of |
Education, shall promulgate. Each custodian intending to
file |
an application for reimbursement under subsection (d) for |
expenditures
incurred or to be incurred with respect to a pupil |
asserted to be a
qualified pupil as an individual referred to |
in this subsection shall first
file with the appropriate |
regional superintendent, on forms provided by the
State Board |
of Education, a request for a determination that a serious
|
safety hazard within the meaning of this subsection (c) exists |
|
with respect
to such pupil. Custodians shall file such forms |
with the appropriate
regional superintendents not later than |
February 1 of the school year for
which reimbursement will be |
sought for transmittal by the regional
superintendents to the |
Department of Transportation not later than February
15; except |
that any custodian who previously received a determination
that |
a serious safety hazard exists need not resubmit such a request |
for 4
years but instead may certify on their application for |
reimbursement to the State
Board of Education referred to in |
subsection (d), that the conditions found
to be hazardous, as |
previously determined by the Department, remain
unchanged. The |
Department shall make its determination on all requests so
|
transmitted to it within 30 days, and shall thereupon forward |
notice of
each determination which it has made to the |
appropriate regional
superintendent for immediate transmittal |
to the custodian affected thereby.
The determination of the |
Department relative to what constitutes a serious
safety hazard |
within the meaning of subsection (c) with respect to any
pupil |
shall be deemed an "administrative decision" as defined in |
Section
3-101 of the Administrative Review Law; and the |
Administrative Review Law
and all amendments and modifications |
thereof and 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 under this subsection.
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(d) Request for reimbursement. A custodian, including a
|
|
custodian for a pupil asserted to be a qualified pupil as an |
individual
referred to in subsection (c), who applies in |
accordance
with procedures established by the State Board of |
Education shall be
reimbursed in accordance with the dollar |
limits set out in this Section.
Such procedures shall require |
application no later than June 30 of each
year, documentation |
as to eligibility, and adequate evidence of
expenditures; |
except that for reimbursement sought pursuant to subsection
(c) |
for the 1985-1986 school year, such procedures shall require
|
application within 21 days after the determination of the |
Department of
Transportation with respect to that school year |
is transmitted by the
regional superintendent to the affected |
custodian. In the absence of
contemporaneous records, an |
affidavit by
the custodian may be accepted as evidence of an |
expenditure. If the amount
appropriated for such reimbursement |
for any year is less than the amount
due each custodian, it |
shall be apportioned on the basis of the requests
approved. |
Regional Superintendents shall be reimbursed for such costs of
|
administering the program, including costs incurred in |
administering the
provisions of subsection (c), as the State |
Board of Education determines are
reasonable and necessary.
|
(e) Dollar limit on amount of reimbursement. Reimbursement |
to custodians
for transportation expenses incurred during the |
1985-1986 school year,
payable in fiscal year 1987, shall be |
equal to the lesser of (1) the actual
qualified transportation |
expenses, or (2) $50 per pupil. Reimbursement to
custodians for |
|
transportation expenses incurred during the 1986-1987 school
|
year, payable in fiscal year 1988, shall be equal to the lesser |
of (1) the
actual qualified transportation expenses, or (2) |
$100 per pupil. For
reimbursements of qualified transportation |
expenses incurred in 1987-1988
and thereafter, the amount of |
reimbursement shall not exceed the prior
year's State |
reimbursement per pupil for transporting pupils as required by
|
Section 29-3 and other provisions of this Article.
|
(f) Rules and regulations. The State Board of Education
|
shall adopt rules to implement this Section.
|
(g) The provisions of this amendatory Act of 1986 shall |
apply according to
their terms to the entire 1985-1986 school |
year, including any portion of
that school year which elapses |
prior to the effective date of this
amendatory Act, and to each |
subsequent school year.
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(h) The chief administrative officer of each school shall |
notify
custodians of qualifying pupils that reimbursements are |
available.
Notification shall occur by the first Monday in |
November of the school year
for which reimbursement is |
available.
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(Source: P.A. 91-357, eff. 7-29-99.)
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