PRIOR PRINTER'S NO. 159 PRINTER'S NO. 1690
No. 147 Session of 1979
INTRODUCED BY MESSRS. R. R. FISCHER, GALLAGHER, MANDERINO,
CALTAGIRONE, MILANOVICH, COLE, GATSKI, D. R. WRIGHT, BURNS,
DAVIES, J. L. WRIGHT, PERZEL AND McKELVEY, FEBRUARY 6, 1979
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 6, 1979
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 the causes and
6 criteria for suspension, and providing for THE waiver of <--
7 certification requirements in certain instances AND <--
8 REINSTATEMENT OF MANDATORILY RETIRED EMPLOYES AND FURTHER
9 PROVIDING FOR THE CERTIFICATION OF HAZARDOUS ROUTES.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 1125, act of March 10, 1949 (P.L.30,
13 No.14), known as the "Public School Code of 1949," is repealed.
14 Section 2. The act is amended by adding sections to read:
15 Section 1125.1. Persons to be Suspended.--
16 (a) Professional employes shall be suspended under section
17 1124 (relating to causes for suspension) in inverse order of
18 seniority within the school entity of current employment.
19 Approved leaves of absence shall not constitute a break in
20 service for purposes of computing seniority for suspension
1 purposes. Seniority shall continue to accrue during suspension
2 and all approved leaves of absence.
3 (b) Where there is or has been a consolidation of schools,
4 departments or programs, all professional employes shall retain
5 the seniority rights they had prior to the reorganization or
6 consolidation.
7 (c) A school entity shall realign its professional staff so
8 as to insure that more senior employes are provided with the
9 opportunity to fill positions for which they are certificated
10 and which are being filled by less senior employes.
11 (d) (1) No suspended employe shall be prevented from
12 engaging in another occupation during the period of suspension.
13 (2) Suspended professional employes shall be reinstated on
14 the basis of their seniority within the school entity. No new
15 appointment shall be made while there is a suspended
16 professional employe available who is properly certificated to
17 fill such vacancy. For the purpose of this subsection, positions
18 from which professional employes are on approved leaves of
19 absence shall also be considered temporary vacancies.
20 (3) To be considered available a suspended professional
21 employe must annually report to the governing board in writing
22 his current address and his intent to accept the same or similar
23 position when offered.
24 (4) A suspended employe enrolled in a college program during
25 a period of suspension and who is recalled shall be given the
26 option of delaying his return to service until the end of the
27 current semester.
28 (e) Nothing contained in section 1125.1(a) through (d) shall
29 be construed to supersede or preempt any provisions of a
30 collective bargaining agreement negotiated by a school entity
19790H0147B1690 - 2 -
1 and an exclusive representative of the employes in accordance
2 with the act of July 23, 1970 (P.L.563, No.195), known as the
3 "Public Employe Relations Act;" HOWEVER, NO AGREEMENT SHALL <--
4 PROHIBIT THE RIGHT OF A PROFESSIONAL EMPLOYE WHO IS NOT A MEMBER
5 OF A BARGAINING UNIT FROM RETAINING SENIORITY RIGHTS UNDER THE
6 PROVISIONS OF THIS ACT.
7 (F) REINSTATEMENT OF MANDATORILY RETIRED EMPLOYES.-- <--
8 REGARDLESS OF ANY COLLECTIVE BARGAINING AGREEMENT, PROFESSIONAL
9 EMPLOYES MANDATORILY RETIRED BEFORE AGE SEVENTY (70), BECAUSE OF
10 AGE, PRIOR TO THE FEDERAL GOVERNMENT BAN ON MANDATORY RETIREMENT
11 BEFORE AGE SEVENTY (70) TAKING EFFECT ON JANUARY 1, 1979, SHALL
12 BE CONSIDERED SUSPENDED EMPLOYES MAINTAINING FULL SENIORITY
13 RIGHTS, AND SHALL BE OFFERED POSITIONS BEFORE ANYONE ELSE OF
14 LESSER SENIORITY, IN ORDER OF SENIORITY, FOR VACANCIES THAT MAY
15 OCCUR IN JOBS FOR WHICH THEY ARE PROPERLY CERTIFICATED, UNTIL
16 THEY REACH AGE SEVENTY (70) AND PROVIDED THEY ARE PHYSICALLY AND
17 MENTALLY FIT. NOTHING IN THIS SECTION SHALL PROHIBIT SCHOOL
18 DISTRICTS FROM IMPOSING A MANDATORY RETIREMENT AT THE END OF THE
19 SCHOOL YEAR IN WHICH A SCHOOL EMPLOYE REACHES THE AGE OF SEVENTY
20 (70).
21 (f) (G) A decision to suspend in accordance with this <--
22 section shall be considered an adjudication within the meaning
23 of the act of December 2, 1968, (P.L.1133, No.353), known as the
24 "Local Agency Law."
25 Section 1214. Department Waiver of Certification
26 Requirements.--(a) The department shall MAY grant a waiver of <--
27 certification requirements for a period not to exceed one year
28 for a certificated professional employe currently employed by or
29 on suspension from a school entity when the school entity
30 submits a written waiver request containing the following:
19790H0147B1690 - 3 -
1 (i) the reason for the waiver;
2 (ii) a program of study being followed by the employe to
3 secure certification in the new position;
4 (iii) the period of time necessary for the employe to
5 secure certification in the new position; and <--
6 (iv) a statement showing the employe's application for
7 placement in the new position; AND <--
8 (V) A STATEMENT THAT THE EMPLOYE HAS COMPLETED 12 <--
9 SEMESTER CREDIT HOURS IN THE AREA FOR WHICH THE WAIVER IS
10 REQUESTED.
11 (b) The employe for whom the waiver is granted shall pursue
12 certification as outlined in the school entity's waiver request.
13 Failure to do so shall result in a revocation of the waiver.
14 (c) A professional employe for whom a waiver is granted
15 shall not be permitted to fill a position vacated by a suspended
16 employe.
17 Section 3. This act shall take effect immediately. <--
18 SECTION 3. SECTIONS 1362 AND 2541 OF THE ACT, AMENDED <--
19 DECEMBER 29, 1972 (P.L.1726, NO.372) AND SUBSECTION (D) OF
20 SECTION 2541 ADDED JUNE 26, 1974 (P.L.370, NO.125), ARE AMENDED
21 TO READ:
22 SECTION 1362. KINDS OF TRANSPORTATION; LIABILITY
23 INSURANCE.--THE FREE TRANSPORTATION OF PUPILS, AS REQUIRED OR
24 AUTHORIZED BY THIS ACT, OR ANY OTHER ACT, MAY BE FURNISHED BY
25 USING EITHER SCHOOL CONVEYANCES, PRIVATE CONVEYANCES, OR
26 ELECTRIC RAILWAYS, OR OTHER COMMON CARRIERS, WHEN THE TOTAL
27 DISTANCE WHICH ANY PUPIL MUST TRAVEL BY THE PUBLIC HIGHWAY TO OR
28 FROM SCHOOL, IN ADDITION TO SUCH TRANSPORTATION, DOES NOT EXCEED
29 ONE AND ONE-HALF (1 1/2) MILES, AND WHEN STATIONS OR OTHER
30 PROPER SHELTERS ARE PROVIDED FOR THE USE OF SUCH PUPILS WHERE
19790H0147B1690 - 4 -
1 NEEDED, AND WHEN THE HIGHWAY, ROAD, OR TRAFFIC CONDITIONS ARE
2 NOT SUCH THAT WALKING [ON THE SHOULDER OF THE ROAD WHERE THERE
3 ARE NO SIDEWALKS] CONSTITUTES A HAZARD TO THE SAFETY OF THE
4 CHILD, AS SO CERTIFIED BY THE BUREAU OF TRAFFIC SAFETY. THE
5 BUREAU OF TRAFFIC SAFETY SHALL TAKE INTO ACCOUNT THE PRESENCE OF
6 SIDEWALKS ALONG THE HIGHWAY, BUT SUCH PRESENCE OR LACK THEREOF
7 SHALL NOT BE CONTROLLING AND THE BUREAU SHALL CONSIDER ALL
8 RELEVANT SAFETY FACTORS IN MAKING ITS DETERMINATION AS TO
9 WHETHER OR NOT WALKING CONSTITUTES A HAZARD TO PUPILS. ALL
10 PRIVATE MOTOR VEHICLES EMPLOYED IN TRANSPORTING PUPILS FOR HIRE
11 SHALL BE ADEQUATELY COVERED BY PUBLIC LIABILITY INSURANCE IN
12 SUCH AMOUNT AS THE BOARD OF SCHOOL DIRECTORS SHALL REQUIRE.
13 SECTION 2541. PAYMENTS ON ACCOUNT OF PUPIL TRANSPORTATION.--
14 (A) SCHOOL DISTRICTS SHALL BE PAID BY THE COMMONWEALTH FOR
15 EVERY SCHOOL YEAR ON ACCOUNT OF PUPIL TRANSPORTATION WHICH, AND
16 THE MEANS AND CONTRACTS PROVIDING FOR WHICH, HAVE BEEN APPROVED
17 BY THE DEPARTMENT OF EDUCATION, IN THE CASES HEREINAFTER
18 ENUMERATED, AN AMOUNT TO BE DETERMINED BY MULTIPLYING THE COST
19 OF APPROVED REIMBURSABLE PUPIL TRANSPORTATION INCURRED BY THE
20 DISTRICT BY THE DISTRICT'S AID RATIO. IN ADDITION THERETO, THE
21 COMMONWEALTH SHALL PAY TO EACH DISTRICT QUALIFYING A PAYMENT FOR
22 EXCESSIVE COST OF TRANSPORTATION, SAID AMOUNT TO BE DETERMINED
23 BY SUBTRACTING FROM THE COST OF THE APPROVED REIMBURSABLE
24 TRANSPORTATION THE SUM OF THE COMMONWEALTH TRANSPORTATION
25 PAYMENT IMMEDIATELY ABOVE, PLUS THE PRODUCT OF ONE-HALF MILL
26 (0.0005) TIMES THE LATEST MARKET VALUE OF THE DISTRICT AS
27 DETERMINED BY THE STATE TAX EQUALIZATION BOARD, PROVIDED SUCH
28 AMOUNT IS NOT NEGATIVE. IN ADDITION THERETO, THE COMMONWEALTH
29 SHALL PAY TO SCHOOL DISTRICTS WHICH OWN THEIR OWN VEHICLES, AN
30 ANNUAL DEPRECIATION CHARGE OF TEN PER CENTUM (10%), TO BE
19790H0147B1690 - 5 -
1 CALCULATED ON THE BASIS OF THE APPROVED COST AT WHICH THE
2 DISTRICT ACQUIRED THE VEHICLE FOR WHICH DEPRECIATION IS CLAIMED.
3 WITH RESPECT TO VEHICLES PURCHASED PRIOR TO JANUARY 1, 1956, THE
4 NUMBER OF DEPRECIATION PAYMENTS SHALL BE LIMITED TO TEN SUCH
5 PAYMENTS. WITH RESPECT TO VEHICLES PURCHASED ON OR AFTER JANUARY
6 1, 1956, THE ANNUAL DEPRECIATION CHARGE SHALL NOT EXCEED SEVEN
7 HUNDRED DOLLARS ($700) FOR SUCH VEHICLES. THE NUMBER OF ANNUAL
8 DEPRECIATION CHARGES SHALL BE LIMITED, SO THAT THE TOTAL AMOUNT
9 OF SUCH PAYMENTS SHALL NOT EXCEED THE COST OF THE VEHICLE AS
10 APPROVED BY THE DEPARTMENT OF EDUCATION AT THE TIME OF THE
11 PURCHASE. IN NO CASE SHALL THE COMMONWEALTH PAY, IN DEPRECIATION
12 CHARGES, MORE THAN TEN THOUSAND FIVE HUNDRED DOLLARS ($10,500)
13 FOR ANY ONE VEHICLE.
14 (B) SUCH PAYMENTS FOR PUPIL TRANSPORTATION SHALL BE MADE IN
15 THE FOLLOWING CASES:
16 (1) TO SCHOOL DISTRICTS OF THE FOURTH CLASS AND DISTRICTS OF
17 THE THIRD CLASS WHICH ARE LOCATED WHOLLY WITHIN THE BOUNDARY
18 LINES OF A TOWNSHIP, OR WITHIN THE BOUNDARY LINES OF A BOROUGH
19 WHICH HAS A POPULATION OF LESS THAN FIVE HUNDRED (500)
20 INHABITANTS TO THE SQUARE MILE, TO DISTRICTS OF THE THIRD CLASS
21 OPERATING SCHOOLS JOINTLY WITH DISTRICTS OF THE FOURTH CLASS OR
22 WITH OTHER DISTRICTS OF THE THIRD CLASS ENTITLED TO PAYMENT ON
23 ACCOUNT OF TRANSPORTATION TO MERGED OR UNION SCHOOL DISTRICTS IN
24 WHICH ONE OR MORE OF THE COMPONENT DISTRICTS WERE HERETOFORE
25 ELIGIBLE FOR REIMBURSEMENT ON ACCOUNT OF TRANSPORTATION TO NEW
26 SCHOOL DISTRICTS COMPOSED OF TWO OR MORE FORMER SCHOOL DISTRICTS
27 ESTABLISHED AS A RESULT OF REORGANIZATION OF SCHOOL DISTRICTS
28 PURSUANT TO ARTICLE II., SUBDIVISION (I) OF THIS ACT AND TO
29 SCHOOL DISTRICTS WHICH WERE ELIGIBLE HERETOFORE FOR
30 REIMBURSEMENT ON ACCOUNT OF TRANSPORTATION, FOR THE
19790H0147B1690 - 6 -
1 TRANSPORTATION OF ELEMENTARY SCHOOL PUPILS RESIDING WITHIN ANY
2 PART OF THE DISTRICT LAST SERVED BY ANY ELEMENTARY SCHOOL CLOSED
3 SINCE THE FIRST MONDAY OF JULY, ONE THOUSAND NINE HUNDRED SEVEN,
4 OR WITHIN A DISTRICT ALL OF WHOSE SCHOOLS HAVE BEEN CLOSED, OR
5 WHO ARE ASSIGNED TO A TRAINING SCHOOL OF A STATE COLLEGE, AND IN
6 EACH CASE WHO RESIDE ONE AND ONE-HALF (1 1/2) MILES OR MORE FROM
7 THE SCHOOL TO WHICH THEY ARE ASSIGNED OR WHO RESIDE IN AREAS
8 WHERE [THERE ARE NO SIDEWALKS AND] THE ROAD OR TRAFFIC
9 CONDITIONS ARE SUCH THAT WALKING [ON THE SHOULDER OF THE ROAD]
10 CONSTITUTES A HAZARD TO THE SAFETY OF THE CHILD WHEN SO
11 CERTIFIED BY THE BUREAU OF TRAFFIC SAFETY IN THE DEPARTMENT OF
12 TRANSPORTATION. THE BUREAU OF TRAFFIC SAFETY SHALL TAKE INTO
13 ACCOUNT THE PRESENCE OF SIDEWALKS ALONG THE HIGHWAY, BUT SUCH
14 PRESENCE OR LACK THEREOF SHALL NOT BE CONTROLLING AND THE BUREAU
15 SHALL CONSIDER ALL RELEVANT SAFETY FACTORS IN MAKING ITS
16 DETERMINATION AS TO WHETHER OR NOT WALKING CONSTITUTES A HAZARD
17 TO PUPILS.
18 (2) TO SCHOOL DISTRICTS OF THE FOURTH CLASS AND DISTRICTS OF
19 THE THIRD CLASS WHICH ARE LOCATED WHOLLY WITHIN THE BOUNDARY
20 LINES OF A TOWNSHIP, OR WITHIN THE BOUNDARY LINES OF A BOROUGH
21 WHICH HAS A POPULATION OF LESS THAN FIVE HUNDRED (500)
22 INHABITANTS TO THE SQUARE MILE, TO MERGED OR UNION SCHOOL
23 DISTRICTS IN WHICH ONE OR MORE OF THE COMPONENT DISTRICTS WERE
24 HERETOFORE ELIGIBLE FOR REIMBURSEMENT ON ACCOUNT OF
25 TRANSPORTATION TO NEW SCHOOL DISTRICTS COMPOSED OF TWO OR MORE
26 FORMER SCHOOL DISTRICTS ESTABLISHED AS A RESULT OF
27 REORGANIZATION OF SCHOOL DISTRICTS PURSUANT TO ARTICLE II.,
28 SUBDIVISION (I) OF THIS ACT AND TO SCHOOL DISTRICTS WHICH WERE
29 ELIGIBLE HERETOFORE FOR REIMBURSEMENT ON ACCOUNT OF
30 TRANSPORTATION, FOR THE TRANSPORTATION OF ANY CHILD LIVING MORE
19790H0147B1690 - 7 -
1 THAN TWO (2) MILES BY THE NEAREST PUBLIC HIGHWAY FROM THE
2 NEAREST SCHOOL IN SESSION, OR ANY CHILD WHO RESIDES IN AN AREA
3 WHERE [THERE ARE NO SIDEWALKS AND] THE ROAD OR TRAFFIC
4 CONDITIONS ARE SUCH THAT WALKING [ON THE SHOULDER OF THE ROAD]
5 CONSTITUTES A HAZARD TO THE SAFETY OF THE CHILD WHEN SO
6 CERTIFIED BY THE BUREAU OF TRAFFIC SAFETY, AND TO DISTRICTS OF
7 THE THIRD CLASS OPERATING SCHOOLS JOINTLY WITH DISTRICTS OF THE
8 FOURTH CLASS OR WITH OTHER DISTRICTS OF THE THIRD CLASS ENTITLED
9 TO PAYMENT ON ACCOUNT OF TRANSPORTATION FOR THE TRANSPORTATION
10 OF ANY CHILD LIVING MORE THAN TWO (2) MILES BY THE NEAREST
11 PUBLIC HIGHWAY FROM THE NEAREST JOINTLY OPERATED SCHOOL IN
12 SESSION OFFERING THE PROPER GRADES INCLUDING PUPILS WHO ARE
13 ATTENDING AREA TECHNICAL SCHOOLS OR ANY CHILD WHO RESIDES IN AN
14 AREA WHERE [THERE ARE NO SIDEWALKS AND] THE ROAD OR TRAFFIC
15 CONDITIONS ARE SUCH THAT WALKING [ON THE SHOULDER OF THE ROAD]
16 CONSTITUTES A HAZARD TO THE SAFETY OF THE CHILD WHEN SO
17 CERTIFIED BY THE BUREAU OF TRAFFIC SAFETY. THE BUREAU OF TRAFFIC
18 SAFETY SHALL TAKE INTO ACCOUNT THE PRESENCE OF SIDEWALKS ALONG
19 THE HIGHWAY, BUT SUCH PRESENCE OR LACK THEREOF SHALL NOT BE
20 CONTROLLING AND THE BUREAU SHALL CONSIDER ALL RELEVANT SAFETY
21 FACTORS IN MAKING ITS DETERMINATION AS TO WHETHER OR NOT WALKING
22 CONSTITUTES A HAZARD TO PUPILS.
23 (3) TO ALL SCHOOL DISTRICTS, FOR THE TRANSPORTATION OF
24 PHYSICALLY OR MENTALLY HANDICAPPED CHILDREN REGULARLY ENROLLED
25 IN SPECIAL CLASSES APPROVED BY THE DEPARTMENT OF EDUCATION OR
26 ENROLLED IN A REGULAR CLASS IN WHICH APPROVED EDUCATIONAL
27 PROVISIONS ARE MADE FOR THEM.
28 (4) TO ALL THIRD AND FOURTH CLASS SCHOOL DISTRICTS, FOR
29 PUPILS TRANSPORTED TO AND FROM APPROVED CONSOLIDATED SCHOOLS OR
30 APPROVED JOINT CONSOLIDATED SCHOOLS LIVING ONE AND ONE-HALF
19790H0147B1690 - 8 -
1 MILES OR MORE FROM THE SCHOOL OF ATTENDANCE OR RESIDING IN AREAS
2 WHERE [THERE ARE NO SIDEWALKS AND] THE ROAD OR TRAFFIC
3 CONDITIONS ARE SUCH THAT WALKING [ON THE SHOULDER OF THE ROAD]
4 CONSTITUTES A HAZARD TO THE SAFETY OF THE CHILD WHEN SO
5 CERTIFIED BY THE BUREAU OF TRAFFIC SAFETY. THE BUREAU OF TRAFFIC
6 SAFETY SHALL TAKE INTO ACCOUNT THE PRESENCE OF SIDEWALKS ALONG
7 THE HIGHWAY, BUT SUCH PRESENCE OR LACK THEREOF SHALL NOT BE
8 CONTROLLING AND THE BUREAU SHALL CONSIDER ALL RELEVANT SAFETY
9 FACTORS IN MAKING ITS DETERMINATION AS TO WHETHER OR NOT WALKING
10 CONSTITUTES A HAZARD TO PUPILS.
11 CONSOLIDATED SCHOOLS OR JOINT CONSOLIDATED SCHOOLS SHALL SO
12 LONG AS THEY ARE APPROVED BY THE SECRETARY OF EDUCATION AS TO
13 ORGANIZATION, CONTROL, LOCATION, EQUIPMENT, COURSES OF STUDY,
14 QUALIFICATIONS OF TEACHERS, METHODS OF INSTRUCTION, CONDITION OF
15 ADMISSION, EXPENDITURES OF MONEY, METHODS AND MEANS OF
16 TRANSPORTATION AND THE CONTRACTS PROVIDING THEREFOR, CONSTITUTE
17 APPROVED CONSOLIDATED SCHOOLS OR APPROVED JOINT CONSOLIDATED
18 SCHOOLS.
19 (5) TO ALL SCHOOL DISTRICTS, FOR PUPILS TRANSPORTED TO AND
20 FROM SCHOOLS USED FOR THE PURPOSE OF BETTER GRADATION.
21 (6) TO ALL SCHOOL DISTRICTS FOR PUPILS TRANSPORTED TO AND
22 FROM AREA TECHNICAL SCHOOLS.
23 (7) TO ALL SCHOOL DISTRICTS, FOR THE TRANSPORTATION OF
24 NONRESIDENT CHILDREN WHO ARE PLACED IN THE HOME OF A RESIDENT,
25 OR WHO ARE INMATES OF AN ORPHAN ASYLUM OR HOME OR A CHILDREN'S
26 HOME OR OTHER INSTITUTION FOR THE CARE AND TRAINING OF ORPHANS
27 OR OTHER CHILDREN, AND WHO ATTEND THE PUBLIC SCHOOLS, AND WHO
28 LIVE TWO MILES OR MORE FROM THE NEAREST SCHOOL WITH THE PROPER
29 GRADES OR RESIDING IN AREAS WHERE [THERE ARE NO SIDEWALKS AND]
30 THE ROAD OR TRAFFIC CONDITIONS ARE SUCH THAT WALKING [ON THE
19790H0147B1690 - 9 -
1 SHOULDER OF THE ROAD] CONSTITUTES A HAZARD TO THE SAFETY OF THE
2 CHILD WHEN SO CERTIFIED BY THE BUREAU OF TRAFFIC SAFETY. THE
3 BUREAU OF TRAFFIC SAFETY SHALL TAKE INTO ACCOUNT THE PRESENCE OF
4 SIDEWALKS ALONG THE HIGHWAY, BUT SUCH PRESENCE OR LACK THEREOF
5 SHALL NOT BE CONTROLLING AND THE BUREAU SHALL CONSIDER ALL
6 RELEVANT SAFETY FACTORS IN MAKING ITS DETERMINATION AS TO
7 WHETHER OR NOT WALKING CONSTITUTES A HAZARD TO PUPILS.
8 (C) PAYMENTS FOR PUPIL TRANSPORTATION ON ACCOUNT OF THE
9 SCHOOL YEAR [1972-1973] 1979-1980 AND EVERY SCHOOL YEAR
10 THEREAFTER SHALL BE MADE ONLY IN THE FOLLOWING CASES:
11 (1) TO ALL SCHOOL DISTRICTS FOR THE TRANSPORTATION TO AND
12 FROM SCHOOL OF ELEMENTARY SCHOOL PUPILS, INCLUDING KINDERGARTEN
13 PUPILS, RESIDING ONE AND ONE-HALF (1 1/2) MILES OR MORE BY THE
14 NEAREST PUBLIC HIGHWAY FROM THE SCHOOL IN WHICH THE PUPILS ARE
15 ENROLLED AND TO WHICH TRANSPORTATION IS AUTHORIZED UNDER SECTION
16 1361 OF THIS ACT OR RESIDING IN AREAS WHERE [THERE ARE NO
17 SIDEWALKS AND] THE ROAD OR TRAFFIC CONDITIONS ARE SUCH THAT
18 WALKING [ON THE SHOULDER OF THE ROAD] CONSTITUTES A HAZARD TO
19 THE SAFETY OF THE CHILD WHEN SO CERTIFIED BY THE BUREAU OF
20 TRAFFIC SAFETY. THE BUREAU OF TRAFFIC SAFETY SHALL TAKE INTO
21 ACCOUNT THE PRESENCE OF SIDEWALKS ALONG THE HIGHWAY, BUT SUCH
22 PRESENCE OR LACK THEREOF SHALL NOT BE CONTROLLING AND THE BUREAU
23 SHALL CONSIDER ALL RELEVANT SAFETY FACTORS IN MAKING ITS
24 DETERMINATION AS TO WHETHER OR NOT WALKING CONSTITUTES A HAZARD
25 TO PUPILS. SUCH ELEMENTARY SCHOOL PUPILS SHALL INCLUDE
26 NONRESIDENT CHILDREN WHO ARE PLACED IN THE HOME OF A RESIDENT,
27 OR WHO ARE RESIDENTS OF AN ORPHANAGE, OR HOME OR CHILDREN'S HOME
28 OR OTHER INSTITUTION FOR THE CARE AND TRAINING OF ORPHANS OR
29 OTHER CHILDREN.
30 (2) TO ALL SCHOOL DISTRICTS FOR THE TRANSPORTATION TO AND
19790H0147B1690 - 10 -
1 FROM SCHOOL OF SECONDARY SCHOOL PUPILS RESIDING TWO (2) MILES OR
2 MORE BY THE NEAREST PUBLIC HIGHWAY FROM THE SCHOOL IN WHICH THE
3 PUPILS ARE ENROLLED AND TO WHICH TRANSPORTATION IS AUTHORIZED
4 UNDER SECTION 1361 OF THIS ACT OR RESIDING IN AREAS WHERE [THERE
5 ARE NO SIDEWALKS AND] THE ROAD OR TRAFFIC CONDITIONS ARE SUCH
6 THAT WALKING [ON THE SHOULDER OF THE ROAD] CONSTITUTES A HAZARD
7 TO THE SAFETY OF THE CHILD WHEN SO CERTIFIED BY THE BUREAU OF
8 TRAFFIC SAFETY. THE BUREAU OF TRAFFIC SAFETY SHALL TAKE INTO
9 ACCOUNT THE PRESENCE OF SIDEWALKS ALONG THE HIGHWAY, BUT SUCH
10 PRESENCE OR LACK THEREOF SHALL NOT BE CONTROLLING AND THE BUREAU
11 SHALL CONSIDER ALL RELEVANT SAFETY FACTORS IN MAKING ITS
12 DETERMINATION AS TO WHETHER OR NOT WALKING CONSTITUTES A HAZARD
13 TO PUPILS. SUCH SECONDARY SCHOOL PUPILS SHALL INCLUDE
14 NONRESIDENT CHILDREN WHO ARE PLACED IN THE HOME OF A RESIDENT,
15 OR WHO ARE INMATES OF AN ORPHAN ASYLUM OR HOME OR CHILDREN'S
16 HOME OR OTHER INSTITUTION FOR THE CARE AND TRAINING OF ORPHANS
17 OR OTHER CHILDREN.
18 (3) TO ALL SCHOOL DISTRICTS FOR PUPILS TRANSPORTED TO AND
19 FROM APPROVED CONSOLIDATED SCHOOLS OR APPROVED JOINT
20 CONSOLIDATED SCHOOLS LIVING ONE AND ONE-HALF (1 1/2) MILES OR
21 MORE FROM THE SCHOOL OF ATTENDANCE OR RESIDING IN AREAS WHERE
22 [THERE ARE NO SIDEWALKS AND] THE ROAD OR TRAFFIC CONDITIONS ARE
23 SUCH THAT WALKING [ON THE SHOULDER OF THE ROAD] CONSTITUTES A
24 HAZARD TO THE SAFETY OF THE CHILD WHEN SO CERTIFIED BY THE
25 BUREAU OF TRAFFIC SAFETY. THE BUREAU OF TRAFFIC SAFETY SHALL
26 TAKE INTO ACCOUNT THE PRESENCE OF SIDEWALKS ALONG THE HIGHWAY,
27 BUT SUCH PRESENCE OR LACK THEREOF SHALL NOT BE CONTROLLING AND
28 THE BUREAU SHALL CONSIDER ALL RELEVANT SAFETY FACTORS IN MAKING
29 ITS DETERMINATION AS TO WHETHER OR NOT WALKING CONSTITUTES A
30 HAZARD TO PUPILS.
19790H0147B1690 - 11 -
1 CONSOLIDATED SCHOOLS OR JOINT CONSOLIDATED SCHOOLS SHALL SO
2 LONG AS THEY ARE APPROVED AS TO ORGANIZATION, CONTROL, LOCATION,
3 EQUIPMENT, COURSES OF STUDY, QUALIFICATIONS OF TEACHERS, METHODS
4 OF INSTRUCTION, CONDITION OF ADMISSION, EXPENDITURES OF MONEY,
5 METHODS AND MEANS OF TRANSPORTATION AND THE CONTRACTS PROVIDING
6 THEREFOR, CONSTITUTE APPROVED CONSOLIDATED SCHOOLS OR APPROVED
7 JOINT CONSOLIDATED SCHOOLS.
8 (4) TO ALL SCHOOL DISTRICTS FOR THE TRANSPORTATION OF
9 EXCEPTIONAL CHILDREN REGULARLY ENROLLED IN SPECIAL CLASSES
10 APPROVED BY THE DEPARTMENT OF EDUCATION OR ENROLLED IN A REGULAR
11 CLASS IN WHICH APPROVED EDUCATIONAL PROVISIONS ARE MADE FOR
12 THEM.
13 (5) TO ALL SCHOOL DISTRICTS FOR PUPILS TRANSPORTED TO AND
14 FROM AREA TECHNICAL SCHOOLS.
15 (D) THE COMMONWEALTH SHALL REIMBURSE THE SCHOOL DISTRICTS
16 FOR THE SCHOOL YEAR 1973-1974 AND FOR EACH YEAR THEREAFTER FOR
17 THE APPROVED REIMBURSABLE COSTS INCURRED IN PROVIDING
18 TRANSPORTATION UNDER SECTION 1361 FOR NONPUBLIC SCHOOL PUPILS
19 AND UNDER SECTION 1362 FOR HAZARDOUS CONDITIONS: PROVIDED,
20 HOWEVER, THAT NO DISTRICT SHALL RECEIVE LESS THAN FIFTY PERCENT
21 (50%) OF SUCH APPROVED REIMBURSABLE COSTS.
22 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND SHALL
23 BE APPLICABLE TO THE 1979-1980 SCHOOL YEAR AND EACH YEAR
24 THEREAFTER.
L27L24JKD/19790H0147B1690 - 12 -