105 ILCS 5/29-3
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 29 - Transportation

 (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,   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. 100-1142, eff. 11-28-18.)