Bill Text: IL SB2825 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Transportation Article of the School Code. In provisions requiring a school district to provide free transportation for pupils residing one and one-half miles or more from school, provides that a pupil's parent or guardian may designate more than one home for the pupil if the parent or guardian has shared custody of the pupil at a different address within the district.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-03 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB2825 Detail]

Download: Illinois-2023-SB2825-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2825 Introduced 1/19/2024, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
105 ILCS 5/29-3 from Ch. 122, par. 29-3
Amends the Transportation Article of the School Code. In provisions requiring a school district to provide free transportation for pupils residing one and one-half miles or more from school, provides that a pupil's parent or guardian may designate more than one home for the pupil if the parent or guardian has shared custody of the pupil at a different address within the district.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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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

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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. A pupil's parent or guardian may
designate more than one home for the pupil for the purposes of
this Section if the parent or guardian has shared custody of
the pupil at a different address within the district.
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

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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

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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, the
Illinois Department of Transportation, the State Board of
Education, or a local law enforcement agency for decisions

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