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                                                       PRINTER'S NO. 623

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 578 Session of 2007


        INTRODUCED BY GREENLEAF, RHOADES, O'PAKE, RAFFERTY AND FONTANA,
           MARCH 20, 2007

        REFERRED TO EDUCATION, MARCH 20, 2007

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," further providing for pupil
     6     transportation and liability insurance and for payments on
     7     account of pupil transportation.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Sections 1362 and 2541(c) of the act of March 10,
    11  1949 (P.L.30, No.14), known as the Public School Code of 1949,
    12  amended November 20, 1979 (P.L.465, No.97), are amended to read:
    13     Section 1362.  Kinds of Transportation; Liability
    14  Insurance.--The free transportation of pupils, as required or
    15  authorized by this act, or any other act, may be furnished by
    16  using either school conveyances, private conveyances, or
    17  electric railways, or other common carriers, when the total
    18  distance which any pupil must travel by the public highway to or
    19  from school, in addition to such transportation, does not exceed
    20  [one and one-half (1 1/2) miles] three-quarters of a mile, and

     1  when stations or other proper shelters are provided for the use
     2  of such pupils where needed, and when the highway, road, or
     3  traffic conditions are not such that walking constitutes a
     4  hazard to the safety of the child, as so certified by the
     5  Department of Transportation. The Department of Transportation
     6  shall take into account the presence of sidewalks along the
     7  highway, but such presence or lack thereof shall not be
     8  controlling and the department shall consider all relevant
     9  safety factors in making its determination as to whether or not
    10  walking constitutes a hazard to pupils. All private motor
    11  vehicles employed in transporting pupils for hire shall be
    12  adequately covered by public liability insurance in such amount
    13  as the board of school directors shall require.
    14     Section 2541.  Payments on Account of Pupil Transportation.--
    15  * * *
    16     (c)  Payments for pupil transportation on account of the
    17  school year 1979-1980 and every school year thereafter shall be
    18  made only in the following cases:
    19     (1)  To all school districts for the transportation to and
    20  from school of elementary school pupils, including kindergarten
    21  pupils, residing [one and one-half (1 1/2) miles] three-quarters
    22  (3/4) of a mile or more by the nearest public highway from the
    23  school in which the pupils are enrolled and to which
    24  transportation is authorized under section 1361 of this act or
    25  residing in areas where the road or traffic conditions are such
    26  that walking constitutes a hazard to the safety of the child
    27  when so certified by the Department of Transportation. The
    28  Department of Transportation shall take into account the
    29  presence of sidewalks along the highway, but such presence or
    30  lack thereof shall not be controlling and the department shall
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     1  consider all relevant safety factors in making its determination
     2  as to whether or not walking constitutes a hazard to pupils.
     3  Such elementary school pupils shall include nonresident children
     4  who are placed in the home of a resident, or who are residents
     5  of an orphanage, or home or children's home or other institution
     6  for the care and training of orphans or other children.
     7     (2)  To all school districts for the transportation to and
     8  from school of secondary school pupils residing [two (2)] one
     9  and one-half (1 1/2) miles or more by the nearest public highway
    10  from the school in which the pupils are enrolled and to which
    11  transportation is authorized under section 1361 of this act or
    12  residing in areas where the road or traffic conditions are such
    13  that walking constitutes a hazard to the safety of the child
    14  when so certified by the Department of Transportation. The
    15  Department of Transportation shall take into account the
    16  presence of sidewalks along the highway, but such presence or
    17  lack thereof shall not be controlling and the department shall
    18  consider all relevant safety factors in making its determination
    19  as to whether or not walking constitutes a hazard to pupils.
    20  Such secondary school pupils shall include nonresident children
    21  who are placed in the home of a resident, or who are inmates of
    22  an orphan asylum or home or children's home or other institution
    23  for the care and training of orphans or other children.
    24     (3)  To all school districts for pupils transported to and
    25  from approved consolidated schools or approved joint
    26  consolidated schools living one and one-half (1 1/2) miles or
    27  more from the school of attendance or residing in areas where
    28  the road or traffic conditions are such that walking constitutes
    29  a hazard to the safety of the child when so certified by the
    30  Department of Transportation. The Department of Transportation
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     1  shall take into account the presence of sidewalks along the
     2  highway, but such presence or lack thereof shall not be
     3  controlling and the department shall consider all relevant
     4  safety factors in making its determination as to whether or not
     5  walking constitutes a hazard to pupils.
     6     Consolidated schools or joint consolidated schools shall so
     7  long as they are approved as to organization, control, location,
     8  equipment, courses of study, qualifications of teachers, methods
     9  of instruction, condition of admission, expenditures of money,
    10  methods and means of transportation and the contracts providing
    11  therefor, constitute approved consolidated schools or approved
    12  joint consolidated schools.
    13     (4)  To all school districts for the transportation of
    14  exceptional children regularly enrolled in special classes
    15  approved by the Department of Education or enrolled in a regular
    16  class in which approved educational provisions are made for
    17  them.
    18     (5)  To all school districts for pupils transported to and
    19  from area technical schools.
    20     * * *
    21     Section 2.  This act shall take effect in 60 days.






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