THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY READSHAW, GEIST, STURLA, KORTZ, CARROLL, VULAKOVICH, BRENNAN, CALTAGIRONE, CURRY, DAVIS, FABRIZIO, GERGELY, HARHAI, KOTIK, MILLER, MOUL, SONNEY AND TALLMAN, JUNE 14, 2012

REFERRED TO COMMITTEE ON EDUCATION, JUNE 14, 2012  

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," further providing for transportation

of certain charter school students.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1726-A of the act of March 10, 1949

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

amended July 11, 2006 (P.L.1092, No.114) and July 9, 2008

(P.L.846, No.61), is amended to read:

Section 1726-A.  Transportation.--(a)  Students who attend a

charter school located in their school district of residence, a

regional charter school of which the school district is a part

or a charter school located outside district boundaries at a

distance not exceeding ten (10) miles by the nearest public

highway shall be provided free transportation to the charter

school by their school district of residence on such dates and

periods that the charter school is in regular session [whether

or not] only when transportation is provided on such dates and

periods to students attending schools of the district.

Transportation is not required for elementary students,

including kindergarten students, residing within one and one-

half (1.5) miles or for secondary students residing within two

(2) miles of the nearest public highway from the charter school

in which the students are enrolled unless the road or traffic

conditions are such that walking constitutes a hazard to the

safety of the students when so certified by the Department of

Transportation, except that if the school district provides

transportation to the public schools of the school district for

elementary students, including kindergarten students, residing

within one and one-half (1.5) miles or for secondary students

residing within two (2) miles of the nearest public highway

under nonhazardous conditions, transportation shall also be

provided to charter schools under the same conditions. Districts

providing transportation to a charter school outside the

district and, for the 2007-2008 school year and each school year

thereafter, districts providing transportation to a charter

school within the district shall be eligible for payments under

section 2509.3 for each public school student transported.

(a.1)  In addition to any other requirements in this section,

school districts of the first class shall provide transportation

to students who attend a charter school if they are the same age

or are enrolled in the same grade, grades or their grade

equivalents as any of the students of the school district for

whom transportation is provided under any program or policy to

the schools of the school district.

(b)  In the event that the Secretary of Education determines

that a school district is not providing the required

transportation to students to the charter school, the Department

of Education shall pay directly to the charter school funds for

costs incurred in the transportation of its students. Payments

to a charter school shall be determined in the following manner:

for each eligible student transported, the charter school shall

receive a payment equal to the total expenditures for

transportation of the school district divided by the total

number of school students transported by the school district

under any program or policy.

(c)  The department shall deduct the amount paid to the

charter school under subsection (b) from any and all payments

made to the district.

(d)  A school district of the first class shall submit a copy

of its current transportation policy to the department no later

than August 1 of each year.

Section 2.  This act shall take effect immediately.