Senate Bill sb1592

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    Florida Senate - 2001                                  SB 1592

    By Senator Jones





    40-221-01

  1                      A bill to be entitled

  2         An act relating to school transportation;

  3         amending s. 234.01, F.S.; requiring that

  4         district school boards rather than the

  5         Commissioner of Education determine what

  6         constitutes more than a reasonable walking

  7         distance from home to school for the purpose of

  8         determining whether to provide transportation

  9         for certain students; amending ss. 234.021,

10         236.083, F.S., relating to hazardous walking

11         conditions and funds for student

12         transportation; conforming provisions to

13         changes made by the act; providing an effective

14         date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Paragraph (a) of subsection (1) of section

19  234.01, Florida Statutes, is amended to read:

20         234.01  Transportation; when provided.--

21         (1)  School boards, after considering recommendations

22  of the superintendent:

23         (a)  Shall provide transportation for each student in

24  prekindergarten handicapped and in kindergarten through grade

25  12 membership in a public school when, and only when,

26  transportation is necessary to provide adequate educational

27  facilities and opportunities which otherwise would not be

28  available and to transport students whose homes are more than

29  a reasonable walking distance, as determined defined by the

30  district school board rules of the commissioner, from the

31  nearest appropriate school.

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    Florida Senate - 2001                                  SB 1592
    40-221-01




  1         Section 2.  Paragraph (a) of subsection (2) of section

  2  234.021, Florida Statutes, is amended to read:

  3         234.021  Hazardous walking conditions.--

  4         (2)  IDENTIFICATION.--

  5         (a)  When a request for review is made to the district

  6  superintendent of schools or the district superintendent's

  7  designee concerning a condition perceived to be hazardous to

  8  students in that district who live within a reasonable walking

  9  distance from school, as defined by the district school board,

10  the 2-mile limit and who walk to school, such condition shall

11  be inspected by a representative of the school district, a

12  representative of the county sheriff, a representative of the

13  local safety council, if a safety council exists in the

14  county, and a representative of the local governmental entity

15  where the perceived hazardous condition exists. If any of such

16  representatives determines that a condition is hazardous to

17  such students according to the guidelines established by

18  subsection (3) or based upon his or her findings upon

19  inspection, he or she shall report to the Department of

20  Education with respect thereto.  Upon a determination that a

21  condition is hazardous to such students, the district school

22  board shall request a determination from the state or local

23  governmental entity having jurisdiction regarding whether the

24  hazard will be corrected and, if so, regarding a projected

25  completion date. State funds shall be allocated for the

26  transportation of students subjected to such hazards, provided

27  that such funding shall cease upon correction of the hazard or

28  upon the projected completion date, whichever occurs first.

29         Section 3.  Subsection (1) of section 236.083, Florida

30  Statutes, is amended to read:

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    Florida Senate - 2001                                  SB 1592
    40-221-01




  1         236.083  Funds for student transportation.--The annual

  2  allocation to each district for transportation to public

  3  school programs of students in membership in kindergarten

  4  through grade 12, in migrant and exceptional student programs

  5  below kindergarten, and in any other state-funded

  6  prekindergarten program shall be determined as follows:

  7         (1)  Subject to the rules of the commissioner, each

  8  district shall determine the membership of students who are

  9  transported:

10         (a)  By reason of living 2 miles or more than a

11  reasonable walking distance from school, as defined by the

12  district school board;

13         (b)  By reason of being students with disabilities or

14  enrolled in a teenage parent program, regardless of distance

15  to school;

16         (c)  By reason of being in a state prekindergarten

17  program, regardless of distance from school;

18         (d)  By reason of being vocational, dual enrollment, or

19  students with disabilities transported from one school center

20  to another to participate in an instructional program or

21  service; or students with disabilities, transported from one

22  designation to another in the state, provided one designation

23  is a school center and provided the student's individual

24  educational plan (IEP) identifies the need for the

25  instructional program or service and transportation to be

26  provided by the school district. A "school center" is defined

27  as a public school center, public community college, public

28  university, or other facility rented, leased, or owned and

29  operated by the school district or another public agency.  A

30  "dual enrollment student" is defined as a public school

31  student in membership in both a public secondary school

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    Florida Senate - 2001                                  SB 1592
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  1  program and a public community college or a public university

  2  program under a written agreement to partially fulfill ss.

  3  229.814 and 240.115 and earning full-time equivalent

  4  membership under s. 236.081(1)(g);

  5         (e)  With respect to elementary school students whose

  6  grade level does not exceed grade 6, by reason of being

  7  subjected to hazardous walking conditions en route to or from

  8  school as provided in s. 234.021. Such rules shall, when

  9  appropriate, provide for the determination of membership under

10  this paragraph for less than 1 year to accommodate the needs

11  of students who require transportation only until such

12  hazardous conditions are corrected. Any funds appropriated in

13  the 2001-2002 General Appropriations Act for student

14  transportation that are in addition to the funds provided in

15  the 2000-2001 General Appropriations Act for student

16  transportation and that are not designated in the 2001-2002

17  budget workpapers as funds provided for student enrollment

18  growth shall be used to fund students transported according to

19  s. 234.01(1)(b), including those transported by school

20  district option; and

21         (f)  By reason of being a pregnant student or student

22  parent, and the child of a student parent as provided in s.

23  230.23166, regardless of distance from school.

24         Section 4.  This act shall take effect July 1, 2001.

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26            *****************************************

27                          SENATE SUMMARY

28    Requires that district school boards establish the
      distance that constitutes more than a reasonable walking
29    distance from home to school for purposes of providing
      transportation for students in prekindergarten
30    handicapped and in kindergarten through grade 12.

31

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