Illinois-2025-HB1275-Introduced

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1275

Introduced , by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

105 ILCS 5/29-3 from Ch. 122, par. 29-3

Amends the Transportation Article of the School Code. Requires the school boards of certain school districts to provide free transportation for pupils residing at a distance of 1/2 mile or more from the school to which they are assigned for attendance if the school is located completely or partially within or directly adjacent to an R3 zone, as designated by the Illinois Criminal Justice Information Authority, and is outside of a county with a population of 3,000,000 or more residents, except for those pupils for whom adequate transportation for the public is available.

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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

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1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The School Code is amended by changing Section

5 29-3 as follows:

6 (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)

7 Sec. 29-3. Transportation in school districts. School

8 boards of community consolidated districts, community unit

9 districts, consolidated districts, consolidated high school

10 districts, optional elementary unit districts, combined high

11 school - unit districts, combined school districts if the

12 combined district includes any district which was previously

13 required to provide transportation, and any newly created

14 elementary or high school districts resulting from a high

15 school - unit conversion, a unit to dual conversion, or a

16 multi-unit conversion if the newly created district includes

17 any area that was previously required to provide

18 transportation shall provide free transportation for pupils

19 residing at a distance of one and one-half miles or more from

20 any school to which they are assigned for attendance

21 maintained within the district and for pupils residing at a

22 distance of 1/2 mile or more from the school to which they are

23 assigned for attendance if the school is located completely or

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1 partially within or directly adjacent to an R3 zone, as

2 designated by the Illinois Criminal Justice Information

3 Authority, and is outside of a county with a population of

4 3,000,000 or more residents, except for those pupils for whom

5 the school board shall certify to the State Board of Education

6 that adequate transportation for the public is available.

7 For the purpose of this Act, 1 1/2 miles distance or 1/2

8 mile distance shall be from the exit of the property where the

9 pupil resides to the point where pupils are normally unloaded

10 at the school attended; such distance shall be measured by

11 determining the shortest distance on normally traveled roads

12 or streets.

13 Such school board may comply with the provisions of this

14 Section by providing free transportation for pupils to and

15 from an assigned school and a pick-up point located not more

16 than one and one-half miles from the home of each pupil

17 assigned to such point or located not more than 1/2 mile from

18 the home of each pupil assigned to such point if the school is

19 located completely or partially within or directly adjacent to

20 a designated R3 zone and is outside of a county with a

21 population of 3,000,000 or more residents.

22 For the purposes of this Act, "adequate transportation for

23 the public" shall be assumed to exist for such pupils as can

24 reach school by walking, one way, along normally traveled

25 roads or streets less than 1 1/2 miles or less than 1/2 mile if

26 the school is located completely or partially within or

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1 directly adjacent to a designated R3 zone and is outside of a

2 county with a population of 3,000,000 or more residents,

3 irrespective of the distance the pupil is transported by

4 public transportation.

5 In addition to the other requirements of this Section,

6 each school board may provide free transportation for any

7 pupil residing within 1 1/2 miles from the school attended

8 where conditions are such that walking, either to or from the

9 school to which a pupil is assigned for attendance or to or

10 from a pick-up point or bus stop, constitutes a serious hazard

11 to the safety of the pupil due to either (i) vehicular traffic

12 or rail crossings or (ii) a course or pattern of criminal

13 activity, as defined in Section 10 of the Illinois Streetgang

14 Terrorism Omnibus Prevention Act. Such transportation shall

15 not be provided if adequate transportation for the public is

16 available.

17 The determination as to what constitutes a serious safety

18 hazard shall be made by the school board, in accordance with

19 guidelines promulgated by the Illinois Department of

20 Transportation regarding vehicular traffic or rail crossings

21 or in accordance with guidelines regarding a course or pattern

22 of criminal activity, as determined by the local law

23 enforcement agency, in consultation with the State

24 Superintendent of Education. A school board, on written

25 petition of the parent or guardian of a pupil for whom adequate

26 transportation for the public is alleged not to exist because

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1 the pupil is required to walk along normally traveled roads or

2 streets where walking is alleged to constitute a serious

3 safety hazard due to either (i) vehicular traffic or rail

4 crossings or (ii) a course or pattern of criminal activity, or

5 who is required to walk between the pupil's home and assigned

6 school or between the pupil's home or assigned school and a

7 pick-up point or bus stop along roads or streets where walking

8 is alleged to constitute a serious safety hazard due to either

9 (i) vehicular traffic or rail crossings or (ii) a course or

10 pattern of criminal activity, shall conduct a study and make

11 findings, which the Department of Transportation, with respect

12 to vehicular traffic or rail crossings, or the State Board of

13 Education, in consultation with the local law enforcement

14 agency, with respect to a course or pattern of criminal

15 activity, shall review and approve or disapprove as provided

16 in this Section, to determine whether a serious safety hazard

17 exists as alleged in the petition. The Department of

18 Transportation shall review the findings of the school board

19 concerning vehicular traffic or rail crossings and shall

20 approve or disapprove the school board's determination that a

21 serious safety hazard exists within 30 days after the school

22 board submits its findings to the Department of

23 Transportation. The State Board of Education, in consultation

24 with the local law enforcement agency, shall review the

25 findings of the school board concerning a course or pattern of

26 criminal activity and shall approve or disapprove the school

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1 board's determination that a serious safety hazard exists

2 within 30 days after the school board submits its findings to

3 the State Board. The school board shall annually review the

4 conditions and determine whether or not the hazardous

5 conditions remain unchanged. The State Superintendent of

6 Education may request that the Illinois Department of

7 Transportation or the local law enforcement agency verify that

8 the conditions have not changed. No action shall lie against

9 the school board, the State Superintendent of Education, the

10 Illinois Department of Transportation, the State Board of

11 Education, or a local law enforcement agency for decisions

12 made in accordance with this Section. The provisions of the

13 Administrative Review Law and all amendments and modifications

14 thereof and the rules adopted pursuant thereto shall apply to

15 and govern all proceedings instituted for the judicial review

16 of final administrative decisions of the Department of

17 Transportation, the State Board of Education, or a local law

18 enforcement agency under this Section. At all points, except

19 when otherwise mentioned in this Section, the local

20 enforcement agency is authorized to determine what constitutes

21 a course or pattern of criminal activity.

22 The changes made to this Section by this amendatory Act of

23 the 100th General Assembly do not apply to a school district

24 organized under Article 34 of this Code.

25 (Source: P.A. 100-1142, eff. 11-28-18.)