SCH CD-TRANSPORT OF PUPILS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2250

Introduced 2/7/2025, by Sen. Ram Villivalam

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 School Code. Provides that the transportation of pupils,
and reimbursement thereof, in school districts is in relation to pupils
attending prekindergarten through grade 12.
LRB104 09499 LNS 19560 b

A BILL FOR

SB2250
LRB104 09499 LNS 19560 b
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.
8

If in the discretion of the board of education sufficient
9
moneys of the district are available after payment of the
10
other expenses of the district, including tuition, may provide
11
free transportation for the pupils
attending prekindergarten
12
through grade 12
of 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 Act, or reimburse
16
pupils
attending prekindergarten through grade 12 who are

17
living in a portion of such district which cannot be reached by
18
bus or train for the reasonable cost of their transportation,
19
or for the amount necessarily expended by them for
20
transportation in attending a high school approved by such
21
board.
22
(Source: Laws 1961, p. 31.)

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1

(105 ILCS 5/29-3)

(from Ch. 122, par. 29-3)
2

Sec. 29-3.
Transportation in school districts.
School
3
boards of community consolidated districts, community unit
4
districts, consolidated districts, consolidated high school
5
districts, optional elementary unit districts, combined high
6
school - unit districts, combined school districts if the
7
combined district includes any district which was previously
8
required to provide transportation, and any newly created
9
elementary or high school districts resulting from a high
10
school - unit conversion, a unit to dual conversion, or a
11
multi-unit conversion if the newly created district includes
12
any area that was previously required to provide
13
transportation shall provide free transportation for pupils
14
attending prekindergarten through grade 12 who reside

residing

15
at a distance of one and one-half miles or more from any school
16
to which they are assigned for attendance maintained within
17
the district, except for those pupils for whom the school
18
board shall certify to the State Board of Education that
19
adequate transportation for the public is available.
20

For the purpose of this Act 1 1/2 miles distance shall be
21
from the exit of the property where the pupil resides to the
22
point where pupils are normally unloaded at the school
23
attended; such distance shall be measured by determining the
24
shortest distance on normally traveled roads or streets.
25

Such school board may comply with the provisions of this
26
Section by providing free transportation for pupils
attending

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LRB104 09499 LNS 19560 b
1
prekindergarten through grade 12
to and from an assigned
2
school and a pick-up point located not more than one and
3
one-half miles from the home of each pupil assigned to such
4
point.
5

For the purposes of this Act "adequate transportation for
6
the public" shall be assumed to exist for such pupils as can
7
reach school by walking, one way, along normally traveled
8
roads or streets less than 1 1/2 miles irrespective of the
9
distance the pupil is transported by public transportation.
10

In addition to the other requirements of this Section,
11
each school board may provide free transportation for any
12
pupil
attending prekindergarten through grade 12 who reside

13
residing
within 1 1/2 miles from the school attended where
14
conditions are such that walking, either to or from the school
15
to which a pupil is assigned for attendance or to or from a
16
pick-up point or bus stop, constitutes a serious hazard to the
17
safety of the pupil due to either (i) vehicular traffic or rail
18
crossings or (ii) a course or pattern of criminal activity, as
19
defined in Section 10 of the Illinois Streetgang Terrorism
20
Omnibus Prevention Act. Such transportation shall not be
21
provided if adequate transportation for the public is
22
available.
23

The determination as to what constitutes a serious safety
24
hazard shall be made by the school board, in accordance with
25
guidelines promulgated by the Illinois Department of
26
Transportation regarding vehicular traffic or rail crossings

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1
or in accordance with guidelines regarding a course or pattern
2
of criminal activity, as determined by the local law
3
enforcement agency, in consultation with the State
4
Superintendent of Education. A school board, on written
5
petition of the parent or guardian of a pupil for whom adequate
6
transportation for the public is alleged not to exist because
7
the pupil is required to walk along normally traveled roads or
8
streets where walking is alleged to constitute a serious
9
safety hazard due to either (i) vehicular traffic or rail
10
crossings or (ii) a course or pattern of criminal activity, or
11
who is required to walk between the pupil's home and assigned
12
school or between the pupil's home or assigned school and a
13
pick-up point or bus stop along roads or streets where walking
14
is alleged to constitute a serious safety hazard due to either
15
(i) vehicular traffic or rail crossings or (ii) a course or
16
pattern of criminal activity, shall conduct a study and make
17
findings, which the Department of Transportation, with respect
18
to vehicular traffic or rail crossings, or the State Board of
19
Education, in consultation with the local law enforcement
20
agency, with respect to a course or pattern of criminal
21
activity, shall review and approve or disapprove as provided
22
in this Section, to determine whether a serious safety hazard
23
exists as alleged in the petition. The Department of
24
Transportation shall review the findings of the school board
25
concerning vehicular traffic or rail crossings and shall
26
approve or disapprove the school board's determination that a

SB2250
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LRB104 09499 LNS 19560 b
1
serious safety hazard exists within 30 days after the school
2
board submits its findings to the Department of
3
Transportation. The State Board of Education, in consultation
4
with the local law enforcement agency, shall review the
5
findings of the school board concerning a course or pattern of
6
criminal activity and shall approve or disapprove the school
7
board's determination that a serious safety hazard exists
8
within 30 days after the school board submits its findings to
9
the State Board. The school board shall annually review the
10
conditions and determine whether or not the hazardous
11
conditions remain unchanged. The State Superintendent of
12
Education may request that the Illinois Department of
13
Transportation or the local law enforcement agency verify that
14
the conditions have not changed. No action shall lie against
15
the school board, the State Superintendent of Education, the
16
Illinois Department of Transportation, the State Board of
17
Education, or a local law enforcement agency for decisions
18
made in accordance with this Section. The provisions of the
19
Administrative Review Law and all amendments and modifications
20
thereof and the rules adopted pursuant thereto shall apply to
21
and govern all proceedings instituted for the judicial review
22
of final administrative decisions of the Department of
23
Transportation, the State Board of Education, or a local law
24
enforcement agency under this Section. At all points, except
25
when otherwise mentioned in this Section, the local
26
enforcement agency is authorized to determine what constitutes

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1
a course or pattern of criminal activity.
2

The changes made to this Section by this amendatory Act of
3
the 100th General Assembly do not apply to a school district
4
organized under Article 34 of this Code.
5
(Source: P.A. 100-1142, eff. 11-28-18.)

6

(105 ILCS 5/29-5)

(from Ch. 122, par. 29-5)
7

Sec. 29-5.
Reimbursement by State for transportation.
Any
8
school district or State-authorized charter school,
9
maintaining a school, transporting resident pupils to another
10
school district's vocational program, offered through a joint
11
agreement approved by the State Board of Education, as
12
provided in Section 10-22.22 or transporting its resident
13
pupils to a school which meets the standards for recognition
14
as established by the State Board of Education which provides
15
transportation meeting the standards of safety, comfort,
16
convenience, efficiency and operation prescribed by the State
17
Board of Education for resident pupils
attending
18
prekindergarten through grade 12

in kindergarten or any of
19
grades 1 through 12
who: (a) reside at least 1 1/2 miles as
20
measured by the customary route of travel, from the school
21
attended; or (b) reside in areas where conditions are such
22
that walking constitutes a hazard to the safety of the child
23
when determined under Section 29-3; and (c) are transported to
24
the school attended from pick-up points at the beginning of
25
the school day and back again at the close of the school day or

SB2250
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LRB104 09499 LNS 19560 b
1
transported to and from their assigned attendance centers
2
during the school day shall be reimbursed by the State as
3
hereinafter provided in this Section.
4

The State will pay the prorated allowable cost of
5
transporting eligible pupils less the real equalized assessed
6
valuation as computed under paragraph (3) of subsection (d) of
7
Section 18-8.15 in a dual school district maintaining
8
secondary grades 9 to 12 inclusive times a qualifying rate of
9
.05%; in elementary school districts maintaining
10
prekindergarten to grade

grades K to
8 times a qualifying rate
11
of .06%; and in unit districts maintaining
prekindergarten

12
grades K
to
grade
12, including partial elementary unit
13
districts formed pursuant to Article 11E, times a qualifying
14
rate of .07%. For a State-authorized charter school, the State
15
shall pay the prorated allowable cost of transporting eligible
16
pupils less a real equalized assessed valuation calculated
17
pursuant to this Section times a qualifying rate. For purposes
18
of calculating the real equalized assessed valuation for a
19
State-authorized charter school whose resident district is not
20
a school district organized under Article 34 of this Code, the
21
State Board of Education shall calculate the average of the
22
number of students
attending prekindergarten to grade

in
23
grades kindergarten through
12 reported as enrolled in the
24
charter school in the State Board's Student Information System
25
on October 1 and March 1 of the immediately preceding school
26
year. That value shall be divided by the average of the number

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1
of students
attending prekindergarten

in grades kindergarten

2
through
grade
12 reported as enrolled in the charter school's
3
resident district on October 1 and March 1 of the immediately
4
preceding school year. That proportion shall be multiplied by
5
the real equalized assessed valuation as computed under
6
paragraph (3) of subsection (d) of Section 18-8.15 for each
7
State-authorized charter school's applicable resident
8
district. A State-authorized charter school whose resident
9
district is organized under Article 34 of this Code shall have
10
a real equalized assessed valuation equal to the real
11
equalized assessed valuation of its resident district as
12
computed under paragraph (3) of subsection (d) of Section
13
18-8.15. A State-authorized charter school's qualifying rate
14
shall be the same as the rate that applies to the charter
15
school's resident district.
16

To be eligible to receive reimbursement in excess of 4/5
17
of the cost to transport eligible pupils, a school district or
18
partial elementary unit district formed pursuant to Article
19
11E shall have a Transportation Fund tax rate of at least .12%.
20
The Transportation Fund tax rate for a partial elementary unit
21
district formed pursuant Article 11E shall be the combined
22
elementary and high school rates pursuant to paragraph (4) of
23
subsection (a) of Section 18-8.15.
24

If a school district or partial elementary unit district
25
formed pursuant to Article 11E does not have a .12%
26
Transportation Fund tax rate, the amount of its claim in

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LRB104 09499 LNS 19560 b
1
excess of 4/5 of the cost of transporting pupils shall be
2
reduced by the sum arrived at by subtracting the
3
Transportation Fund tax rate from .12% and multiplying that
4
amount by the district's real equalized assessed valuation as
5
computed under paragraph (3) of subsection (d) of Section
6
18-8.15, provided that in no case shall said reduction result
7
in reimbursement of less than 4/5 of the cost to transport
8
eligible pupils. No such adjustment may be applied to a claim
9
filed by a State-authorized charter school.
10

Subject to the calculation of equalized assessed
11
valuation, an adjustment for an insufficient tax rate, and the
12
use of a qualifying rate as provided in this Section, a
13
State-authorized charter school may make a claim for
14
reimbursement by the State that is calculated in the same
15
manner as a school district.
16

The minimum amount to be received by a district is $16
17
times the number of eligible pupils transported.
18

When calculating the reimbursement for transportation
19
costs, the State Board of Education may not deduct the number
20
of pupils enrolled in early education programs from the number
21
of pupils eligible for reimbursement if the pupils enrolled in
22
the early education programs are transported at the same time
23
as other eligible pupils.
24

Any such district transporting resident pupils during the
25
school day to an area vocational school or another school
26
district's vocational program more than 1 1/2 miles from the

SB2250
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LRB104 09499 LNS 19560 b
1
school attended, as provided in Sections 10-22.20a and
2
10-22.22, shall be reimbursed by the State for 4/5 of the cost
3
of transporting eligible pupils.
4

School day means that period of time during which the
5
pupil is required to be in attendance for instructional
6
purposes.
7

If a pupil is at a location within the school district
8
other than his residence for child care purposes at the time
9
for transportation to school, that location may be considered
10
for purposes of determining the 1 1/2 miles from the school
11
attended.
12

Claims for reimbursement that include children who attend
13
any school other than a public school shall show the number of
14
such children transported.
15

Claims for reimbursement under this Section shall not be
16
paid for the transportation of pupils for whom transportation
17
costs are claimed for payment under other Sections of this
18
Act.
19

The allowable direct cost of transporting pupils for
20
regular, vocational, and special education pupil
21
transportation shall be limited to the sum of the cost of
22
physical examinations required for employment as a school bus
23
driver; the salaries of full-time or part-time drivers and
24
school bus maintenance personnel; employee benefits excluding
25
Illinois municipal retirement payments, social security
26
payments, unemployment insurance payments and workers'

SB2250
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1
compensation insurance premiums; expenditures to independent
2
carriers who operate school buses; payments to other school
3
districts for pupil transportation services; pre-approved
4
contractual expenditures for computerized bus scheduling;
5
expenditures for housing assistance and homeless prevention
6
under Sections 1-17 and 1-18 of the Education for Homeless
7
Children Act that are not in excess of the school district's
8
actual costs for providing transportation services and are not
9
otherwise claimed in another State or federal grant that
10
permits those costs to a parent, a legal guardian, any other
11
person who enrolled a pupil, or a homeless assistance agency
12
that is part of the federal McKinney-Vento Homeless Assistance
13
Act's continuum of care for the area in which the district is
14
located; the cost of gasoline, oil, tires, and other supplies
15
necessary for the operation of school buses; the cost of
16
converting buses' gasoline engines to more fuel efficient
17
engines or to engines which use alternative energy sources;
18
the cost of travel to meetings and workshops conducted by the
19
regional superintendent or the State Superintendent of
20
Education pursuant to the standards established by the
21
Secretary of State under Section 6-106 of the Illinois Vehicle
22
Code to improve the driving skills of school bus drivers; the
23
cost of maintenance of school buses including parts and
24
materials used; expenditures for leasing transportation
25
vehicles, except interest and service charges; the cost of
26
insurance and licenses for transportation vehicles;

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LRB104 09499 LNS 19560 b
1
expenditures for the rental of transportation equipment; plus
2
a depreciation allowance of 20% for 5 years for school buses
3
and vehicles approved for transporting pupils to and from
4
school and a depreciation allowance of 10% for 10 years for
5
other transportation equipment so used. Each school year, if a
6
school district has made expenditures to the Regional
7
Transportation Authority or any of its service boards, a mass
8
transit district, or an urban transportation district under an
9
intergovernmental agreement with the district to provide for
10
the transportation of pupils and if the public transit carrier
11
received direct payment for services or passes from a school
12
district within its service area during the 2000-2001 school
13
year, then the allowable direct cost of transporting pupils
14
for regular, vocational, and special education pupil
15
transportation shall also include the expenditures that the
16
district has made to the public transit carrier. In addition
17
to the above allowable costs, school districts shall also
18
claim all transportation supervisory salary costs, including
19
Illinois municipal retirement payments, and all transportation
20
related building and building maintenance costs without
21
limitation.
22

Special education allowable costs shall also include
23
expenditures for the salaries of attendants or aides for that
24
portion of the time they assist special education pupils while
25
in transit and expenditures for parents and public carriers
26
for transporting special education pupils when pre-approved by

SB2250
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LRB104 09499 LNS 19560 b
1
the State Superintendent of Education.
2

Indirect costs shall be included in the reimbursement
3
claim for districts which own and operate their own school
4
buses. Such indirect costs shall include administrative costs,
5
or any costs attributable to transporting pupils from their
6
attendance centers to another school building for
7
instructional purposes. No school district which owns and
8
operates its own school buses may claim reimbursement for
9
indirect costs which exceed 5% of the total allowable direct
10
costs for pupil transportation.
11

The State Board of Education shall prescribe uniform
12
regulations for determining the above standards and shall
13
prescribe forms of cost accounting and standards of
14
determining reasonable depreciation. Such depreciation shall
15
include the cost of equipping school buses with the safety
16
features required by law or by the rules, regulations and
17
standards promulgated by the State Board of Education, and the
18
Department of Transportation for the safety and construction
19
of school buses provided, however, any equipment cost
20
reimbursed by the Department of Transportation for equipping
21
school buses with such safety equipment shall be deducted from
22
the allowable cost in the computation of reimbursement under
23
this Section in the same percentage as the cost of the
24
equipment is depreciated.
25

On or before August 15, annually, the chief school
26
administrator for the district shall certify to the State

SB2250
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LRB104 09499 LNS 19560 b
1
Superintendent of Education the district's claim for
2
reimbursement for the school year ending on June 30 next
3
preceding. The State Superintendent of Education shall check
4
and approve the claims and prepare the vouchers showing the
5
amounts due for district reimbursement claims. Each fiscal
6
year, the State Superintendent of Education shall prepare and
7
transmit the first 3 vouchers to the Comptroller on the 30th
8
day of September, December and March, respectively, and the
9
final voucher, no later than June 20.
10

If the amount appropriated for transportation
11
reimbursement is insufficient to fund total claims for any
12
fiscal year, the State Board of Education shall reduce each
13
school district's allowable costs and flat grant amount
14
proportionately to make total adjusted claims equal the total
15
amount appropriated.
16

For purposes of calculating claims for reimbursement under
17
this Section for any school year beginning July 1, 2016, the
18
equalized assessed valuation for a school district or partial
19
elementary unit district formed pursuant to Article 11E used
20
to compute reimbursement shall be the real equalized assessed
21
valuation as computed under paragraph (3) of subsection (d) of
22
Section 18-8.15.
23

All reimbursements received from the State shall be
24
deposited into the district's transportation fund or into the
25
fund from which the allowable expenditures were made.
26

Notwithstanding any other provision of law, any school

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1
district receiving a payment under this Section or under
2
Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
3
classify all or a portion of the funds that it receives in a
4
particular fiscal year or from State aid pursuant to Section
5
18-8.15 of this Code as funds received in connection with any
6
funding program for which it is entitled to receive funds from
7
the State in that fiscal year (including, without limitation,
8
any funding program referenced in this Section), regardless of
9
the source or timing of the receipt. The district may not
10
classify more funds as funds received in connection with the
11
funding program than the district is entitled to receive in
12
that fiscal year for that program. Any classification by a
13
district must be made by a resolution of its board of
14
education. The resolution must identify the amount of any
15
payments or general State aid to be classified under this
16
paragraph and must specify the funding program to which the
17
funds are to be treated as received in connection therewith.
18
This resolution is controlling as to the classification of
19
funds referenced therein. A certified copy of the resolution
20
must be sent to the State Superintendent of Education. The
21
resolution shall still take effect even though a copy of the
22
resolution has not been sent to the State Superintendent of
23
Education in a timely manner. No classification under this
24
paragraph by a district shall affect the total amount or
25
timing of money the district is entitled to receive under this
26
Code. No classification under this paragraph by a district

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LRB104 09499 LNS 19560 b
1
shall in any way relieve the district from or affect any
2
requirements that otherwise would apply with respect to that
3
funding program, including any accounting of funds by source,
4
reporting expenditures by original source and purpose,
5
reporting requirements, or requirements of providing services.
6

Any school district with a population of not more than
7
500,000 must deposit all funds received under this Article
8
into the transportation fund and use those funds for the
9
provision of transportation services.
10
(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
11
103-588, eff. 1-1-25
.)

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