PRINTER'S NO. 612
No. 574 Session of 1989
INTRODUCED BY GREENWOOD, SHUMAKER, FISHER, CORMAN, REIBMAN,
LYNCH, LEMMOND AND STOUT, FEBRUARY 21, 1989
REFERRED TO EDUCATION, FEBRUARY 21, 1989
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 hazardous
6 walking routes.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 1362 and 2541 of the act of March 10,
10 1949 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended November 20, 1979 (P.L.465, No.97), are amended to read:
12 Section 1362. Kinds of Transportation; Liability
13 Insurance.--The free transportation of pupils, as required or
14 authorized by this act, or any other act, may be furnished by
15 using either school conveyances, private conveyances, or
16 electric railways, or other common carriers, when the total
17 distance which any pupil must travel by the public highway to or
18 from school, in addition to such transportation, does not exceed
19 one and one-half (1 1/2) miles, and when stations or other
1 proper shelters are provided for the use of such pupils where
2 needed, and when the highway, road, or traffic conditions are
3 not such that walking constitutes a hazard to the safety of the
4 child, as so certified by the Department of Transportation. The
5 Department of Transportation shall take into account the
6 presence of sidewalks along the highway, but such presence or
7 lack thereof shall not be controlling and the department shall
8 consider all relevant safety factors in making its determination
9 as to whether or not walking constitutes a hazard to pupils. In
10 school districts that operate schools exclusively for students
11 in grades six, seven and eight, the Department of Transportation
12 shall apply the criteria used to determine hazardous walking
13 routes for elementary students in determining walking routes
14 that are considered hazardous for students in grades six, seven
15 and eight who attend such schools. In such school districts, any
16 walking route that has heretofore been determined to be a
17 hazardous walking route for elementary students shall be
18 considered a hazardous walking route for students in grades six,
19 seven and eight. All private motor vehicles employed in
20 transporting pupils for hire shall be adequately covered by
21 public liability insurance in such amount as the board of school
22 directors shall require.
23 Section 2541. Payments on Account of Pupil Transportation.--
24 (a) School districts shall be paid by the Commonwealth for
25 every school year on account of pupil transportation which, and
26 the means and contracts providing for which, have been approved
27 by the Department of Education, in the cases hereinafter
28 enumerated, an amount to be determined by multiplying the cost
29 of approved reimbursable pupil transportation incurred by the
30 district by the district's aid ratio. In addition thereto, the
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1 Commonwealth shall pay to each district qualifying a payment for
2 excessive cost of transportation, said amount to be determined
3 by subtracting from the cost of the approved reimbursable
4 transportation the sum of the Commonwealth transportation
5 payment immediately above, plus the product of one-half mill
6 (0.0005) times the latest market value of the district as
7 determined by the State Tax Equalization Board, provided such
8 amount is not negative. In addition thereto, the Commonwealth
9 shall pay to school districts which own their own vehicles, an
10 annual depreciation charge of ten per centum (10%), to be
11 calculated on the basis of the approved cost at which the
12 district acquired the vehicle for which depreciation is claimed.
13 With respect to vehicles purchased prior to January 1, 1956, the
14 number of depreciation payments shall be limited to ten such
15 payments. With respect to vehicles purchased on or after January
16 1, 1956, the annual depreciation charge shall not exceed seven
17 hundred dollars ($700) for such vehicles. The number of annual
18 depreciation charges shall be limited, so that the total amount
19 of such payments shall not exceed the cost of the vehicle as
20 approved by the Department of Education at the time of the
21 purchase. In no case shall the Commonwealth pay, in depreciation
22 charges, more than ten thousand five hundred dollars ($10,500)
23 for any one vehicle.
24 (b) Such payments for pupil transportation shall be made in
25 the following cases:
26 (1) To school districts of the fourth class and districts of
27 the third class which are located wholly within the boundary
28 lines of a township, or within the boundary lines of a borough
29 which has a population of less than five hundred (500)
30 inhabitants to the square mile, to districts of the third class
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1 operating schools jointly with districts of the fourth class or
2 with other districts of the third class entitled to payment on
3 account of transportation to merged or union school districts in
4 which one or more of the component districts were heretofore
5 eligible for reimbursement on account of transportation to new
6 school districts composed of two or more former school districts
7 established as a result of reorganization of school districts
8 pursuant to Article II., subdivision (i) of this act and to
9 school districts which were eligible heretofore for
10 reimbursement on account of transportation, for the
11 transportation of elementary school pupils residing within any
12 part of the district last served by any elementary school closed
13 since the first Monday of July, one thousand nine hundred seven,
14 or within a district all of whose schools have been closed, or
15 who are assigned to a training school of a State college, and in
16 each case who reside one and one-half (1 1/2) miles or more from
17 the school to which they are assigned or who reside in areas
18 where the road or traffic conditions are such that walking
19 constitutes a hazard to the safety of the child when so
20 certified by the Department of Transportation. The Department of
21 Transportation shall take into account the presence of sidewalks
22 along the highway, but such presence or lack thereof shall not
23 be controlling and the department shall consider all relevant
24 safety factors in making its determination as to whether or not
25 walking constitutes a hazard to pupils. In school districts that
26 operate schools exclusively for students in grades six, seven
27 and eight, the Department of Transportation shall apply the
28 criteria used to determine hazardous walking routes for
29 elementary students in determining walking routes that are
30 considered hazardous for students in grades six, seven and eight
19890S0574B0612 - 4 -
1 who attend such schools. In such school districts, any walking
2 route that has heretofore been determined to be a hazardous
3 walking route for elementary students shall be considered a
4 hazardous walking route for students in grades six, seven and
5 eight.
6 (2) To school districts of the fourth class and districts of
7 the third class which are located wholly within the boundary
8 lines of a township, or within the boundary lines of a borough
9 which has a population of less than five hundred (500)
10 inhabitants to the square mile, to merged or union school
11 districts in which one or more of the component districts were
12 heretofore eligible for reimbursement on account of
13 transportation to new school districts composed of two or more
14 former school districts established as a result of
15 reorganization of school districts pursuant to Article II.,
16 subdivision (i) of this act and to school districts which were
17 eligible heretofore for reimbursement on account of
18 transportation, for the transportation of any child living more
19 than two (2) miles by the nearest public highway from the
20 nearest school in session, or any child who resides in an area
21 where the road or traffic conditions are such that walking
22 constitutes a hazard to the safety of the child when so
23 certified by the Bureau of Traffic Safety, and to districts of
24 the third class operating schools jointly with districts of the
25 fourth class or with other districts of the third class entitled
26 to payment on account of transportation for the transportation
27 of any child living more than two (2) miles by the nearest
28 public highway from the nearest jointly operated school in
29 session offering the proper grades including pupils who are
30 attending area technical schools or any child who resides in an
19890S0574B0612 - 5 -
1 area where the road or traffic conditions are such that walking
2 constitutes a hazard to the safety of the child when so
3 certified by the Department of Transportation. The Department of
4 Transportation shall take into account the presence of sidewalks
5 along the highway, but such presence or lack thereof shall not
6 be controlling and the department shall consider all relevant
7 safety factors in making its determination as to whether or not
8 walking constitutes a hazard to pupils. In school districts that
9 operate schools exclusively for students in grades six, seven
10 and eight, the Department of Transportation shall apply the
11 criteria used to determine hazardous walking routes for
12 elementary students in determining walking routes that are
13 considered hazardous for students in grades six, seven and eight
14 who attend such schools. In such school districts, any walking
15 route that has heretofore been determined to be a hazardous
16 walking route for elementary students shall be considered a
17 hazardous walking route for students in grades six, seven and
18 eight.
19 (3) To all school districts, for the transportation of
20 physically or mentally handicapped children regularly enrolled
21 in special classes approved by the Department of Education or
22 enrolled in a regular class in which approved educational
23 provisions are made for them.
24 (4) To all third and fourth class school districts, for
25 pupils transported to and from approved consolidated schools or
26 approved joint consolidated schools living one and one-half
27 miles or more from the school of attendance or residing in areas
28 where the road or traffic conditions are such that walking
29 constitutes a hazard to the safety of the child when so
30 certified by the Department of Transportation. The Department of
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1 Transportation shall take into account the presence of sidewalks
2 along the highway, but such presence or lack thereof shall not
3 be 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. In school districts that
6 operate schools exclusively for students in grades six, seven
7 and eight, the Department of Transportation shall apply the
8 criteria used to determine hazardous walking routes for
9 elementary students in determining walking routes that are
10 considered hazardous for students in grades six, seven and eight
11 who attend such schools. In such school districts, any walking
12 route that has heretofore been determined to be a hazardous
13 walking route for elementary students shall be considered a
14 hazardous walking route for students in grades six, seven and
15 eight.
16 Consolidated schools or joint consolidated schools shall so
17 long as they are approved by the Secretary of Education as to
18 organization, control, location, equipment, courses of study,
19 qualifications of teachers, methods of instruction, condition of
20 admission, expenditures of money, methods and means of
21 transportation and the contracts providing therefor, constitute
22 approved consolidated schools or approved joint consolidated
23 schools.
24 (5) To all school districts, for pupils transported to and
25 from schools used for the purpose of better gradation.
26 (6) To all school districts for pupils transported to and
27 from area technical schools.
28 (7) To all school districts, for the transportation of
29 nonresident children who are placed in the home of a resident,
30 or who are inmates of an orphan asylum or home or a children's
19890S0574B0612 - 7 -
1 home or other institution for the care and training of orphans
2 or other children, and who attend the public schools, and who
3 live two miles or more from the nearest school with the proper
4 grades or residing in areas where the road or traffic conditions
5 are such that walking constitutes a hazard to the safety of the
6 child when so certified by the Department of Transportation. The
7 Department of Transportation shall take into account the
8 presence of sidewalks along the highway, but such presence or
9 lack thereof shall not be controlling and the department shall
10 consider all relevant safety factors in making its determination
11 as to whether or not walking constitutes a hazard to pupils. In
12 school districts that operate schools exclusively for students
13 in grades six, seven and eight, the Department of Transportation
14 shall apply the criteria used to determine hazardous walking
15 routes for elementary students in determining walking routes
16 that are considered hazardous for students in grades six, seven
17 and eight who attend such schools. In such school districts, any
18 walking route that has heretofore been determined to be a
19 hazardous walking route for elementary students shall be
20 considered a hazardous walking route for students in grades six,
21 seven and eight.
22 (c) Payments for pupil transportation on account of the
23 school year 1979-1980 and every school year thereafter shall be
24 made only in the following cases:
25 (1) To all school districts for the transportation to and
26 from school of elementary school pupils, including kindergarten
27 pupils, residing one and one-half (1 1/2) miles or more by the
28 nearest public highway from the school in which the pupils are
29 enrolled and to which transportation is authorized under section
30 1361 of this act or residing in areas where the road or traffic
19890S0574B0612 - 8 -
1 conditions are such that walking constitutes a hazard to the
2 safety of the child when so certified by the Department of
3 Transportation. The Department of Transportation shall take into
4 account the presence of sidewalks along the highway, but such
5 presence or lack thereof shall not be controlling and the
6 department shall consider all relevant safety factors in making
7 its determination as to whether or not walking constitutes a
8 hazard to pupils. In school districts that operate schools
9 exclusively for students in grades six, seven and eight, the
10 Department of Transportation shall apply the criteria used to
11 determine hazardous walking routes for elementary students in
12 determining walking routes that are considered hazardous for
13 students in grades six, seven and eight who attend such schools.
14 In such school districts, any walking route that has heretofore
15 been determined to be a hazardous walking route for elementary
16 students shall be considered a hazardous walking route for
17 students in grades six, seven and eight. Such elementary school
18 pupils shall include nonresident children who are placed in the
19 home of a resident, or who are residents of an orphanage, or
20 home or children's home or other institution for the care and
21 training of orphans or other children.
22 (2) To all school districts for the transportation to and
23 from school of secondary school pupils residing two (2) miles or
24 more by the nearest public highway from the school in which the
25 pupils are enrolled and to which transportation is authorized
26 under section 1361 of this act or residing in areas where the
27 road or traffic conditions are such that walking constitutes a
28 hazard to the safety of the child when so certified by the
29 Department of Transportation. The Department of Transportation
30 shall take into account the presence of sidewalks along the
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1 highway, but such presence or lack thereof shall not be
2 controlling and the department shall consider all relevant
3 safety factors in making its determination as to whether or not
4 walking constitutes a hazard to pupils. In school districts that
5 operate schools exclusively for students in grades six, seven
6 and eight, the Department of Transportation shall apply the
7 criteria used to determine hazardous walking routes for
8 elementary students in determining walking routes that are
9 considered hazardous for students in grades six, seven and eight
10 who attend such schools. In such school districts, any walking
11 route that has heretofore been determined to be a hazardous
12 walking route for elementary students shall be considered a
13 hazardous walking route for students in grades six, seven and
14 eight. Such secondary school pupils shall include nonresident
15 children who are placed in the home of a resident, or who are
16 inmates of an orphan asylum or home or children's home or other
17 institution for the care and training of orphans or other
18 children.
19 (3) To all school districts for pupils transported to and
20 from approved consolidated schools or approved joint
21 consolidated schools living one and one-half (1 1/2) miles or
22 more from the school of attendance or residing in areas where
23 the road or traffic conditions are such that walking constitutes
24 a hazard to the safety of the child when so certified by the
25 Department of Transportation. The Department of Transportation
26 shall take into account the presence of sidewalks along the
27 highway, but such presence or lack thereof shall not be
28 controlling and the department shall consider all relevant
29 safety factors in making its determination as to whether or not
30 walking constitutes a hazard to pupils. In school districts that
19890S0574B0612 - 10 -
1 operate schools exclusively for students in grades six, seven
2 and eight, the Department of Transportation shall apply the
3 criteria used to determine hazardous walking routes for
4 elementary students in determining walking routes that are
5 considered hazardous for students in grades six, seven and eight
6 who attend such schools. In such school districts, any walking
7 route that has heretofore been determined to be a hazardous
8 walking route for elementary students shall be considered a
9 hazardous walking route for students in grades six, seven and
10 eight.
11 Consolidated schools or joint consolidated schools shall so
12 long as they are approved as to organization, control, location,
13 equipment, courses of study, qualifications of teachers, methods
14 of instruction, condition of admission, expenditures of money,
15 methods and means of transportation and the contracts providing
16 therefor, constitute approved consolidated schools or approved
17 joint consolidated schools.
18 (4) To all school districts for the transportation of
19 exceptional children regularly enrolled in special classes
20 approved by the Department of Education or enrolled in a regular
21 class in which approved educational provisions are made for
22 them.
23 (5) To all school districts for pupils transported to and
24 from area technical schools.
25 (d) The Commonwealth shall reimburse the school districts
26 for the school year 1973-1974 and for each year thereafter for
27 the approved reimbursable costs incurred in providing
28 transportation under section 1361 for nonpublic school pupils
29 and under section 1362 for hazardous conditions: Provided,
30 however, That no district shall receive less than fifty percent
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1 (50%) of such approved reimbursable costs.
2 Section 2. This act shall take effect immediately.
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