THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY J. TAYLOR, BRIGGS, BROWN, EVERETT, GEORGE, HELM, KORTZ, M. O'BRIEN, SCAVELLO, SIPTROTH, WATERS AND YOUNGBLOOD, MAY 13, 2009

REFERRED TO COMMITTEE ON EDUCATION, MAY 13, 2009  

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 pupil

transportation and liability insurance and for payments on

account of pupil transportation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1362 and 2541(c) 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), are 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] one (1) mile, 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, 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 2541.  Payments on Account of Pupil Transportation.--

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(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] one (1) mile 

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, 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)] 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, 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, 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.

(4)  To all school districts for the transportation of

exceptional children regularly enrolled in special classes

approved by the Department of Education or enrolled in a regular

class in which approved educational provisions are made for

them.

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

from area technical schools.

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Section 2.  This act shall take effect in 60 days.