Illinois-2023-SB3286-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3286

Introduced 2/7/2024, by Sen. Robert Peters

SYNOPSIS AS INTRODUCED:

`105 ILCS 5/12-11.5`	`from Ch. 122, par. 12-11.5`
`105 ILCS 5/29-3`	`from Ch. 122, par. 29-3`
`105 ILCS 5/29-5`	`from Ch. 122, par. 29-5`

Amends the Transportation Article of the School Code. With respect to the provision of free transportation for pupils, allows a school district to pay the public transit fees of pupils instead (rather than providing an exception for pupils for whom the school board certifies to the State Board of Education that adequate transportation for the public is available). In provisions allowing for free transportation if conditions are such that walking constitutes a serious hazard, removes the provision specifying that such transportation shall not be provided if adequate transportation for the public is available. Makes related changes. Effective July 1, 2025.

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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 Sections

5 12-11.5, 29-3, and 29-5 as follows:

6 (105 ILCS 5/12-11.5) (from Ch. 122, par. 12-11.5)

7 Sec. 12-11.5. Transportation of pupils. If in the

8 discretion of the board of education sufficient moneys of the

9 district are available after payment of the other expenses of

10 the district, including tuition, may provide free

11 transportation for or pay the public transit fees of the

12 pupils of the ~~their~~ district not living within one and

13 one-half miles of a high school which they may lawfully attend

14 to the most convenient high school which such pupils may

15 lawfully attend under the provisions of this Code ~~Act~~, or

16 reimburse pupils living in a portion of such district which

17 cannot be reached by bus or train for the reasonable cost of

18 their transportation, or for the amount necessarily expended

19 by them for transportation in attending a high school approved

20 by such board.

21 (Source: Laws 1961, p. 31.)

22 (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)

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

2 boards of community consolidated districts, community unit

3 districts, consolidated districts, consolidated high school

4 districts, optional elementary unit districts, combined high

5 school - unit districts, combined school districts if the

6 combined district includes any district which was previously

7 required to provide transportation, and any newly created

8 elementary or high school districts resulting from a high

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

10 multi-unit conversion if the newly created district includes

11 any area that was previously required to provide

12 transportation shall provide free transportation for or pay

13 the public transit fees of pupils residing at a distance of one

14 and one-half miles or more from any school to which they are

15 assigned for attendance maintained within the district~~, except~~

16 ~~for those pupils for whom the school board shall certify to the~~

17 ~~State Board of Education that adequate transportation for the~~

18 ~~public is available~~.

19 For the purpose of this Act 1 1/2 miles distance shall be

20 from the exit of the property where the pupil resides to the

21 point where pupils are normally unloaded at the school

22 attended; such distance shall be measured by determining the

23 shortest distance on normally traveled roads or streets.

24 Such school board may comply with the provisions of this

25 Section by providing free transportation for pupils to and

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

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

2 assigned to such point.

3 For the purposes of this Act "adequate transportation for

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

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

6 roads or streets less than 1 1/2 miles irrespective of the

7 distance the pupil is transported by public transportation.

8 In addition to the other requirements of this Section,

9 each school board may provide free transportation for any

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

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

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

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

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

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

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

17 Terrorism Omnibus Prevention Act. ~~Such transportation shall~~

18 ~~not be provided if adequate transportation for the public is~~

19 ~~available.~~

20 The determination as to what constitutes a serious safety

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

22 guidelines promulgated by the Illinois Department of

23 Transportation regarding vehicular traffic or rail crossings

24 or in accordance with guidelines regarding a course or pattern

25 of criminal activity, as determined by the local law

26 enforcement agency, in consultation with the State

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1 Superintendent of Education. A school board, on written

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

3 transportation for the public is alleged not to exist because

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

5 streets where walking is alleged to constitute a serious

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

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

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

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

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

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

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

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

14 findings, which the Department of Transportation, with respect

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

16 Education, in consultation with the local law enforcement

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

18 activity, shall review and approve or disapprove as provided

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

20 exists as alleged in the petition. The Department of

21 Transportation shall review the findings of the school board

22 concerning vehicular traffic or rail crossings and shall

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

24 serious safety hazard exists within 30 days after the school

25 board submits its findings to the Department of

26 Transportation. The State Board of Education, in consultation

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1 with the local law enforcement agency, shall review the

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

3 criminal activity and shall approve or disapprove the school

4 board's determination that a serious safety hazard exists

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

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

7 conditions and determine whether or not the hazardous

8 conditions remain unchanged. The State Superintendent of

9 Education may request that the Illinois Department of

10 Transportation or the local law enforcement agency verify that

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

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

13 Illinois Department of Transportation, the State Board of

14 Education, or a local law enforcement agency for decisions

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

16 Administrative Review Law and all amendments and modifications

17 thereof and the rules adopted pursuant thereto shall apply to

18 and govern all proceedings instituted for the judicial review

19 of final administrative decisions of the Department of

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

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

22 when otherwise mentioned in this Section, the local

23 enforcement agency is authorized to determine what constitutes

24 a course or pattern of criminal activity.

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

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

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1 organized under Article 34 of this Code.

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

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

4 Sec. 29-5. Reimbursement by State for transportation. Any

5 school district, maintaining a school, transporting resident

6 pupils to another school district's vocational program,

7 offered through a joint agreement approved by the State Board

8 of Education, as provided in Section 10-22.22 or transporting

9 its resident pupils to a school which meets the standards for

10 recognition as established by the State Board of Education

11 which provides transportation meeting the standards of safety,

12 comfort, convenience, efficiency and operation prescribed by

13 the State Board of Education for resident pupils in

14 kindergarten or any of grades 1 through 12 who: (a) reside at

15 least 1 1/2 miles as measured by the customary route of travel,

16 from the school attended; or (b) reside in areas where

17 conditions are such that walking constitutes a hazard to the

18 safety of the child when determined under Section 29-3; and

19 (c) are transported to the school attended from pick-up points

20 at the beginning of the school day and back again at the close

21 of the school day or transported to and from their assigned

22 attendance centers during the school day, shall be reimbursed

23 by the State as hereinafter provided in this Section.

24 The State will pay the prorated allowable cost of

25 transporting eligible pupils less the real equalized assessed

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1 valuation as computed under paragraph (3) of subsection (d) of

2 Section 18-8.15 in a dual school district maintaining

3 secondary grades 9 to 12 inclusive times a qualifying rate of

4 .05%; in elementary school districts maintaining grades K to 8

5 times a qualifying rate of .06%; and in unit districts

6 maintaining grades K to 12, including partial elementary unit

7 districts formed pursuant to Article 11E, times a qualifying

8 rate of .07%. To be eligible to receive reimbursement in

9 excess of 4/5 of the cost to transport eligible pupils, a

10 school district or partial elementary unit district formed

11 pursuant to Article 11E shall have a Transportation Fund tax

12 rate of at least .12%. The Transportation Fund tax rate for a

13 partial elementary unit district formed pursuant Article 11E

14 shall be the combined elementary and high school rates

15 pursuant to paragraph (4) of subsection (a) of Section

16 18-8.15. If a school district or partial elementary unit

17 district formed pursuant to Article 11E does not have a .12%

18 Transportation Fund tax rate, the amount of its claim in

19 excess of 4/5 of the cost of transporting pupils shall be

20 reduced by the sum arrived at by subtracting the

21 Transportation Fund tax rate from .12% and multiplying that

22 amount by the district's real equalized assessed valuation as

23 computed under paragraph (3) of subsection (d) of Section

24 18-8.15, provided that in no case shall said reduction result

25 in reimbursement of less than 4/5 of the cost to transport

26 eligible pupils.

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1 The minimum amount to be received by a district is $16

2 times the number of eligible pupils transported.

3 When calculating the reimbursement for transportation

4 costs, the State Board of Education may not deduct the number

5 of pupils enrolled in early education programs from the number

6 of pupils eligible for reimbursement if the pupils enrolled in

7 the early education programs are transported at the same time

8 as other eligible pupils.

9 Any such district transporting resident pupils during the

10 school day to an area vocational school or another school

11 district's vocational program more than 1 1/2 miles from the

12 school attended, as provided in Sections 10-22.20a and

13 10-22.22, shall be reimbursed by the State for 4/5 of the cost

14 of transporting eligible pupils.

15 School day means that period of time during which the

16 pupil is required to be in attendance for instructional

17 purposes.

18 If a pupil is at a location within the school district

19 other than his residence for child care purposes at the time

20 for transportation to school, that location may be considered

21 for purposes of determining the 1 1/2 miles from the school

22 attended.

23 Claims for reimbursement that include children who attend

24 any school other than a public school shall show the number of

25 such children transported.

26 Claims for reimbursement under this Section shall not be

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1 paid for the transportation of pupils for whom transportation

2 costs are claimed for payment under other Sections of this

3 Act.

4 The allowable direct cost of transporting pupils for

5 regular, vocational, and special education pupil

6 transportation shall be limited to the sum of the cost of

7 physical examinations required for employment as a school bus

8 driver; the salaries of full-time or part-time drivers and

9 school bus maintenance personnel; employee benefits excluding

10 Illinois municipal retirement payments, social security

11 payments, unemployment insurance payments and workers'

12 compensation insurance premiums; expenditures to independent

13 carriers who operate school buses; payments to other school

14 districts for pupil transportation services; pre-approved

15 contractual expenditures for computerized bus scheduling;

16 expenditures for housing assistance and homeless prevention

17 under Sections 1-17 and 1-18 of the Education for Homeless

18 Children Act that are not in excess of the school district's

19 actual costs for providing transportation services and are not

20 otherwise claimed in another State or federal grant that

21 permits those costs to a parent, a legal guardian, any other

22 person who enrolled a pupil, or a homeless assistance agency

23 that is part of the federal McKinney-Vento Homeless Assistance

24 Act's continuum of care for the area in which the district is

25 located; the cost of gasoline, oil, tires, and other supplies

26 necessary for the operation of school buses; the cost of

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1 converting buses' gasoline engines to more fuel efficient

2 engines or to engines which use alternative energy sources;

3 the cost of travel to meetings and workshops conducted by the

4 regional superintendent or the State Superintendent of

5 Education pursuant to the standards established by the

6 Secretary of State under Section 6-106 of the Illinois Vehicle

7 Code to improve the driving skills of school bus drivers; the

8 cost of maintenance of school buses including parts and

9 materials used; expenditures for leasing transportation

10 vehicles, except interest and service charges; the cost of

11 insurance and licenses for transportation vehicles;

12 expenditures for the rental of transportation equipment; plus

13 a depreciation allowance of 20% for 5 years for school buses

14 and vehicles approved for transporting pupils to and from

15 school and a depreciation allowance of 10% for 10 years for

16 other transportation equipment so used. Each school year, if a

17 school district has made expenditures to the Regional

18 Transportation Authority or any of its service boards, a mass

19 transit district, or an urban transportation district under an

20 intergovernmental agreement with the district to provide for

21 the transportation of pupils and if the public transit carrier

22 received direct payment for services or passes from a school

23 district within its service area during the 2000-2001 school

24 year, then the allowable direct cost of transporting pupils

25 for regular, vocational, and special education pupil

26 transportation shall also include the expenditures that the

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1 district has made to the public transit carrier. Each school

2 year, if a school district has made expenditures to pay the

3 public transit fees of pupils under Section 29-3, then the

4 allowable direct cost of transporting pupils shall also

5 include the expenditures that the district has made to pay

6 those public transit fees. In addition to the above allowable

7 costs, school districts shall also claim all transportation

8 supervisory salary costs, including Illinois municipal

9 retirement payments, and all transportation related building

10 and building maintenance costs without limitation.

11 Special education allowable costs shall also include

12 expenditures for the salaries of attendants or aides for that

13 portion of the time they assist special education pupils while

14 in transit and expenditures for parents and public carriers

15 for transporting special education pupils when pre-approved by

16 the State Superintendent of Education.

17 Indirect costs shall be included in the reimbursement

18 claim for districts which own and operate their own school

19 buses. Such indirect costs shall include administrative costs,

20 or any costs attributable to transporting pupils from their

21 attendance centers to another school building for

22 instructional purposes. No school district which owns and

23 operates its own school buses may claim reimbursement for

24 indirect costs which exceed 5% of the total allowable direct

25 costs for pupil transportation.

26 The State Board of Education shall prescribe uniform

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1 regulations for determining the above standards and shall

2 prescribe forms of cost accounting and standards of

3 determining reasonable depreciation. Such depreciation shall

4 include the cost of equipping school buses with the safety

5 features required by law or by the rules, regulations and

6 standards promulgated by the State Board of Education, and the

7 Department of Transportation for the safety and construction

8 of school buses provided, however, any equipment cost

9 reimbursed by the Department of Transportation for equipping

10 school buses with such safety equipment shall be deducted from

11 the allowable cost in the computation of reimbursement under

12 this Section in the same percentage as the cost of the

13 equipment is depreciated.

14 On or before August 15, annually, the chief school

15 administrator for the district shall certify to the State

16 Superintendent of Education the district's claim for

17 reimbursement for the school year ending on June 30 next

18 preceding. The State Superintendent of Education shall check

19 and approve the claims and prepare the vouchers showing the

20 amounts due for district reimbursement claims. Each fiscal

21 year, the State Superintendent of Education shall prepare and

22 transmit the first 3 vouchers to the Comptroller on the 30th

23 day of September, December and March, respectively, and the

24 final voucher, no later than June 20.

25 If the amount appropriated for transportation

26 reimbursement is insufficient to fund total claims for any

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1 fiscal year, the State Board of Education shall reduce each

2 school district's allowable costs and flat grant amount

3 proportionately to make total adjusted claims equal the total

4 amount appropriated.

5 For purposes of calculating claims for reimbursement under

6 this Section for any school year beginning July 1, 2016, the

7 equalized assessed valuation for a school district or partial

8 elementary unit district formed pursuant to Article 11E used

9 to compute reimbursement shall be the real equalized assessed

10 valuation as computed under paragraph (3) of subsection (d) of

11 Section 18-8.15.

12 All reimbursements received from the State shall be

13 deposited into the district's transportation fund or into the

14 fund from which the allowable expenditures were made.

15 Notwithstanding any other provision of law, any school

16 district receiving a payment under this Section or under

17 Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may

18 classify all or a portion of the funds that it receives in a

19 particular fiscal year or from State aid pursuant to Section

20 18-8.15 of this Code as funds received in connection with any

21 funding program for which it is entitled to receive funds from

22 the State in that fiscal year (including, without limitation,

23 any funding program referenced in this Section), regardless of

24 the source or timing of the receipt. The district may not

25 classify more funds as funds received in connection with the

26 funding program than the district is entitled to receive in

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1 that fiscal year for that program. Any classification by a

2 district must be made by a resolution of its board of

3 education. The resolution must identify the amount of any

4 payments or general State aid to be classified under this

5 paragraph and must specify the funding program to which the

6 funds are to be treated as received in connection therewith.

7 This resolution is controlling as to the classification of

8 funds referenced therein. A certified copy of the resolution

9 must be sent to the State Superintendent of Education. The

10 resolution shall still take effect even though a copy of the

11 resolution has not been sent to the State Superintendent of

12 Education in a timely manner. No classification under this

13 paragraph by a district shall affect the total amount or

14 timing of money the district is entitled to receive under this

15 Code. No classification under this paragraph by a district

16 shall in any way relieve the district from or affect any

17 requirements that otherwise would apply with respect to that

18 funding program, including any accounting of funds by source,

19 reporting expenditures by original source and purpose,

20 reporting requirements, or requirements of providing services.

21 Any school district with a population of not more than

22 500,000 must deposit all funds received under this Article

23 into the transportation fund and use those funds for the

24 provision of transportation services.

25 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)

26 Section 99. Effective date. This Act takes effect July 1,

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