THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SIMMONS, ADOLPH, AUMENT, BISHOP, BOBACK, BOYD, BROOKS, V. BROWN, CHRISTIANA, CLYMER, D. COSTA, CREIGHTON, DeLUCA, DENLINGER, FREEMAN, GABLER, GILLEN, GINGRICH, GOODMAN, GROVE, HARHART, HEFFLEY, HICKERNELL, HORNAMAN, KAUFFMAN, KNOWLES, LAWRENCE, MICOZZIE, MILLER, MURT, O'NEILL, PYLE, QUINN, RAPP, READSHAW, REESE, ROCK, SCAVELLO, SONNEY, STEPHENS, STERN, TALLMAN, TOBASH, TOOHIL, TRUITT, VULAKOVICH AND WATSON, NOVEMBER 9, 2011

REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 9, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in pupils and attendance and in

reimbursements by Commonwealth and between school districts,

providing for consideration of the residences of registered

sex offenders by the Department of Transportation in

evaluating the hazards to child safety in walking to school.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1362 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

amended November 20, 1979 (P.L.465, No.97), is amended to read:

Section 1362.  Kinds of Transportation; Liability

Insurance.--The free transportation of pupils, as required or

authorized by this act, or any other act, may be furnished by

using either school conveyances, private conveyances, or

electric railways, or other common carriers, when the total

distance which any pupil must travel by the public highway to or

from school, in addition to such transportation, does not exceed

one and one-half (1 1/2) miles, and when stations or other

proper shelters are provided for the use of such pupils where

needed, and when the highway, road, or traffic conditions are

not such that walking constitutes a hazard to the safety of the

child, as so certified by the Department of Transportation. The

Department of Transportation shall take into account the

presence of sidewalks along the highway and the residences of

registered sex offenders as provided by the Pennsylvania State

Police, but such presence or lack thereof shall not be

controlling and the department shall consider all relevant

safety factors in making its determination as to whether or not

walking constitutes a hazard to pupils. All private motor

vehicles employed in transporting pupils for hire shall be

adequately covered by public liability insurance in such amount

as the board of school directors shall require.

Section 2.  Section 2541(b)(1), (2), (4) and (7) and (c)(1),

(2) and (3) of the act, amended November 20, 1979 (P.L.465,

No.97), are amended and the section is amended by adding

subsections to read:

Section 2541.  Payments on Account of Pupil Transportation.--

* * *

(b)  Such payments for pupil transportation shall be made in

the following cases:

(1)  To school districts of the fourth class and districts of

the third class which are located wholly within the boundary

lines of a township, or within the boundary lines of a borough

which has a population of less than five hundred (500)

inhabitants to the square mile, to districts of the third class

operating schools jointly with districts of the fourth class or

with other districts of the third class entitled to payment on

account of transportation to merged or union school districts in

which one or more of the component districts were heretofore

eligible for reimbursement on account of transportation to new

school districts composed of two or more former school districts

established as a result of reorganization of school districts

pursuant to Article II., subdivision (i) of this act and to

school districts which were eligible heretofore for

reimbursement on account of transportation, for the

transportation of elementary school pupils residing within any

part of the district last served by any elementary school closed

since the first Monday of July, one thousand nine hundred seven,

or within a district all of whose schools have been closed, or

who are assigned to a training school of a State college, and in

each case who reside one and one-half (1 1/2) miles or more from

the school to which they are assigned or who reside in areas

where the road or traffic conditions are such that walking

constitutes a hazard to the safety of the child when so

certified by the Department of Transportation. The Department of

Transportation shall take into account the presence of sidewalks

along the highway and the residences of registered sex offenders

as provided by the Pennsylvania State Police, but such presence

or lack thereof shall not be controlling and the department

shall consider all relevant safety factors in making its

determination as to whether or not walking constitutes a hazard

to pupils.

(2)  To school districts of the fourth class and districts of

the third class which are located wholly within the boundary

lines of a township, or within the boundary lines of a borough

which has a population of less than five hundred (500)

inhabitants to the square mile, to merged or union school

districts in which one or more of the component districts were

heretofore eligible for reimbursement on account of

transportation to new school districts composed of two or more

former school districts established as a result of

reorganization of school districts pursuant to Article II.,

subdivision (i) of this act and to school districts which were

eligible heretofore for reimbursement on account of

transportation, for the transportation of any child living more

than two (2) miles by the nearest public highway from the

nearest school in session, or any child who resides in an area

where the road or traffic conditions are such that walking

constitutes a hazard to the safety of the child when so

certified by the Bureau of Traffic Safety, and to districts of

the third class operating schools jointly with districts of the

fourth class or with other districts of the third class entitled

to payment on account of transportation for the transportation

of any child living more than two (2) miles by the nearest

public highway from the nearest jointly operated school in

session offering the proper grades including pupils who are

attending area technical schools or any child who resides in an

area where the road or traffic conditions are such that walking

constitutes a hazard to the safety of the child when so

certified by the Department of Transportation. The Department of

Transportation shall take into account the presence of sidewalks

along the highway and the residences of registered sex offenders

as provided by the Pennsylvania State Police, but such presence

or lack thereof shall not be controlling and the department

shall consider all relevant safety factors in making its

determination as to whether or not walking constitutes a hazard

to pupils.

* * *

(4)  To all third and fourth class school districts, for

pupils transported to and from approved consolidated schools or

approved joint consolidated schools living one and one-half

miles or more from the school of attendance or residing in areas

where the road or traffic conditions are such that walking

constitutes a hazard to the safety of the child when so

certified by the Department of Transportation. The Department of

Transportation shall take into account the presence of sidewalks

along the highway and the residences of registered sex offenders

as provided by the Pennsylvania State Police, but such presence

or lack thereof shall not be controlling and the department

shall consider all relevant safety factors in making its

determination as to whether or not walking constitutes a hazard

to pupils.

Consolidated schools or joint consolidated schools shall so

long as they are approved by the Secretary of Education as to

organization, control, location, equipment, courses of study,

qualifications of teachers, methods of instruction, condition of

admission, expenditures of money, methods and means of

transportation and the contracts providing therefor, constitute

approved consolidated schools or approved joint consolidated

schools.

* * *

(7)  To all school districts, for the transportation of

nonresident children who are placed in the home of a resident,

or who are inmates of an orphan asylum or home or a children's

home or other institution for the care and training of orphans

or other children, and who attend the public schools, and who

live two miles or more from the nearest school with the proper

grades or residing in areas where the road or traffic conditions

are such that walking constitutes a hazard to the safety of the

child when so certified by the Department of Transportation. The

Department of Transportation shall take into account the

presence of sidewalks along the highway and the residences of

registered sex offenders as provided by the Pennsylvania State

Police, but such presence or lack thereof shall not be

controlling and the department shall consider all relevant

safety factors in making its determination as to whether or not

walking constitutes a hazard to pupils.

(c)  Payments for pupil transportation on account of the

school year 1979-1980 and every school year thereafter shall be

made only in the following cases:

(1)  To all school districts for the transportation to and

from school of elementary school pupils, including kindergarten

pupils, residing one and one-half (1 1/2) miles or more by the

nearest public highway from the school in which the pupils are

enrolled and to which transportation is authorized under section

1361 of this act or residing in areas where the road or traffic

conditions are such that walking constitutes a hazard to the

safety of the child when so certified by the Department of

Transportation. The Department of Transportation shall take into

account the presence of sidewalks along the highway and the

residences of registered sex offenders as provided by the

Pennsylvania State Police, but such presence or lack thereof

shall not be controlling and the department shall consider all

relevant safety factors in making its determination as to

whether or not walking constitutes a hazard to pupils. Such

elementary school pupils shall include nonresident children who

are placed in the home of a resident, or who are residents of an

orphanage, or home or children's home or other institution for

the care and training of orphans or other children.

(2)  To all school districts for the transportation to and

from school of secondary school pupils residing two (2) miles or

more by the nearest public highway from the school in which the

pupils are enrolled and to which transportation is authorized

under section 1361 of this act or residing in areas where the

road or traffic conditions are such that walking constitutes a

hazard to the safety of the child when so certified by the

Department of Transportation. The Department of Transportation

shall take into account the presence of sidewalks along the

highway and the residences of registered sex offenders as

provided by the Pennsylvania State Police, but such presence or

lack thereof shall not be controlling and the department shall

consider all relevant safety factors in making its determination

as to whether or not walking constitutes a hazard to pupils.

Such secondary school pupils shall include nonresident children

who are placed in the home of a resident, or who are inmates of

an orphan asylum or home or children's home or other institution

for the care and training of orphans or other children.

(3)  To all school districts for pupils transported to and

from approved consolidated schools or approved joint

consolidated schools living one and one-half (1 1/2) miles or

more from the school of attendance or residing in areas where

the road or traffic conditions are such that walking constitutes

a hazard to the safety of the child when so certified by the

Department of Transportation. The Department of Transportation

shall take into account the presence of sidewalks along the

highway and the residences of registered sex offenders as

provided by the Pennsylvania State Police, but such presence or

lack thereof shall not be controlling and the department shall

consider all relevant safety factors in making its determination

as to whether or not walking constitutes a hazard to pupils.

Consolidated schools or joint consolidated schools shall so

long as they are approved as to organization, control, location,

equipment, courses of study, qualifications of teachers, methods

of instruction, condition of admission, expenditures of money,

methods and means of transportation and the contracts providing

therefor, constitute approved consolidated schools or approved

joint consolidated schools.

* * *

(g)  The Pennsylvania State Police shall provide the

Department of Transportation the full home addresses of

registered sex offenders kept pursuant to 42 Pa.C.S. § 9799.1 

(relating to duties of Pennsylvania State Police), the nature of

the sex offenders' sexual offenses and their criminal history.

The Department of Transportation shall use the full home

addresses of registered sex offenders kept pursuant to 42

Pa.C.S. § 9799.1 only for the purpose of determining whether

conditions are such that walking to school presents too great a

hazard to child safety under section 1362 and this section.

(h)  In taking into account the presence of the residences of

registered sex offenders as provided by the Pennsylvania State

Police for the sole purpose of determining whether conditions

are such that walking to school presents too great a hazard to

child safety under section 1362 and this section, the Department

of Transportation's consideration shall include, but not be

limited to, the nature of the sex offenders' sexual offenses,

the sex offenders' criminal history and the proximity of the sex

offenders' residences to the pupil walking route. After

examining these factors and any other factors deemed necessary

by the Department of Transportation, the Department of

Transportation shall have the discretion to determine whether

conditions are such that walking to school presents too great a

hazard to child safety under section 1362 and this section.

Section 3.  This act shall take effect immediately.