PRINTER'S NO. 1874
No. 1520 Session of 2007
INTRODUCED BY R. TAYLOR, BLACKWELL, CALTAGIRONE, CAUSER, GEORGE, GIBBONS, HARKINS, JAMES, KIRKLAND, KULA, LEACH, MYERS, M. O'BRIEN, RAYMOND, SHAPIRO, SIPTROTH, THOMAS AND YOUNGBLOOD, JUNE 7, 2007
REFERRED TO COMMITTEE ON EDUCATION, JUNE 7, 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
1 [one and one-half (1 1/2) miles] one mile, and when stations or 2 other proper shelters are provided for the use of such pupils 3 where needed, and when the highway, road, or traffic conditions 4 are not such that walking constitutes a hazard to the safety of 5 the child, as so certified by the Department of Transportation. 6 The Department of Transportation shall take into account the 7 presence of sidewalks along the highway, but such presence or 8 lack thereof shall not be controlling and the department shall 9 consider all relevant safety factors in making its determination 10 as to whether or not walking constitutes a hazard to pupils. All 11 private motor vehicles employed in transporting pupils for hire 12 shall be adequately covered by public liability insurance in 13 such amount 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] one mile or 22 more by the nearest public highway from the school in which the 23 pupils are enrolled and to which transportation is authorized 24 under section 1361 of this act or residing in areas where the 25 road or traffic conditions are such that walking constitutes a 26 hazard to the safety of the child when so certified by the 27 Department of Transportation. The Department of Transportation 28 shall take into account the presence of sidewalks along the 29 highway, but such presence or lack thereof shall not be 30 controlling and the department shall consider all relevant 20070H1520B1874 - 2 -
1 safety factors in making its determination as to whether or not 2 walking constitutes a hazard to pupils. Such elementary school 3 pupils shall include nonresident children who are placed in the 4 home of a resident, or who are residents of an orphanage, or 5 home or children's home or other institution for the care and 6 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 20070H1520B1874 - 3 -
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. E4L24RLE/20070H1520B1874 - 4 -