Florida Senate - 2019 SB 802
By Senator Perry
8-01070-19 2019802__
1 A bill to be entitled
2 An act relating to public school transportation;
3 amending s. 1006.21, F.S.; requiring district school
4 boards to provide transportation to certain students;
5 amending s. 1006.23, F.S.; revising the definition of
6 the term “student”; revising the speed and road
7 conditions that meet the requirements for a hazardous
8 walking condition; requiring a district school
9 superintendent to request a review of a hazardous
10 walking condition upon receipt of a written request
11 from a parent of a student; requiring rather than
12 authorizing a school district to initiate specified
13 proceedings under certain circumstances; amending ss.
14 1002.20 and 1011.68, F.S.; conforming provisions to
15 changes made by the act; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraphs (a) and (b) of subsection (3) of
20 section 1006.21, Florida Statutes, are amended to read:
21 1006.21 Duties of district school superintendent and
22 district school board regarding transportation.—
23 (3) District school boards, after considering
24 recommendations of the district school superintendent:
25 (a) Shall provide transportation for each student in
26 prekindergarten disability programs and in kindergarten through
27 grade 12 membership in a public school when, and only when,
28 transportation is necessary to provide adequate educational
29 facilities and opportunities that which otherwise would not be
30 available and to transport students whose homes are more than
31 1.5 miles a reasonable walking distance, as defined by rules of
32 the State Board of Education, from the nearest appropriate
33 school.
34 (b) Shall provide transportation for public elementary
35 school students in membership whose grade level does not exceed
36 grade 6, and may provide transportation for public school
37 students in membership in grades 7 through 12, if they such
38 students are subjected to hazardous walking conditions as
39 provided in s. 1006.23 while en route to or from school.
40 Section 2. Subsection (1), paragraphs (a) and (c) of
41 subsection (2), and paragraphs (a) and (b) of subsection (3) of
42 section 1006.23, Florida Statutes, are amended to read:
43 1006.23 Hazardous walking conditions.—
44 (1) DEFINITION.—As used in this section, the term “student”
45 means any public elementary school student in kindergarten
46 through grade 12 whose grade level does not exceed grade 6.
47 (2) HAZARDOUS WALKING CONDITIONS.—
48 (a) Walkways parallel to the road.—
49 1. It shall be considered a hazardous walking condition
50 with respect to any road along which students must walk in order
51 to walk to and from school if there is not an area at least 4
52 feet wide adjacent to the road, not including drainage ditches,
53 sluiceways, swales, or channels, having a surface upon which
54 students may walk without being required to walk on the road
55 surface. In addition, whenever the road along which students
56 must walk is uncurbed and has a posted speed limit of 45 50
57 miles per hour or greater, the area as described above for
58 students to walk upon shall be set off the road by no less than
59 3 feet from the edge of the road.
60 2. Subparagraph 1. does not apply when the road along which
61 students must walk:
62 a. Is a road on which the volume of traffic is less than
63 180 vehicles per hour, per direction, during the time students
64 walk to and from school; or
65 b. Is located in a residential area and has a posted speed
66 limit of 30 miles per hour or less.
67 (c) Crossings over the road.—It shall be considered a
68 hazardous walking condition with respect to any road at any
69 uncontrolled crossing site which students must walk in order to
70 walk to and from school if:
71 1. The road has a posted speed limit of 45 50 miles per
72 hour or greater; or
73 2. The road has four six lanes or more, not including turn
74 lanes, regardless of the speed limit.
75 (3) IDENTIFICATION OF HAZARDOUS CONDITIONS.—
76 (a) When a district school superintendent requests a
77 request for review of is made by the district school
78 superintendent with respect to a road over which a state or
79 local governmental entity has jurisdiction concerning a
80 condition perceived to be hazardous to students in that district
81 who live within the 1.5-mile 2-mile limit and who walk to
82 school, such condition must shall be inspected jointly by a
83 representative of the school district, a representative of the
84 state or local governmental entity with jurisdiction over the
85 perceived hazardous location, and a representative of the
86 municipal police department for a municipal road, a
87 representative of the sheriff’s office for a county road, or a
88 representative of the Department of Transportation for a state
89 road. The district school superintendent must request the review
90 if he or she receives a written request from a parent of a
91 student in the school district. If the jurisdiction is within an
92 area for which there is a metropolitan planning organization, a
93 representative of that organization must shall also be included.
94 The governmental representatives shall determine whether the
95 condition constitutes a hazardous walking condition as provided
96 in subsection (2). If the governmental representatives concur
97 that a condition constitutes a hazardous walking condition as
98 provided in subsection (2), the governmental entity with
99 jurisdiction must shall report that determination in writing to
100 the district school superintendent, who shall initiate a formal
101 request for correction as provided in subsection (4).
102 (b) If the governmental representatives are unable to reach
103 a consensus, the reasons for lack of consensus shall be reported
104 to the district school superintendent, who shall provide a
105 report and recommendation to the district school board. The
106 district school board shall may initiate a proceeding under
107 chapter 86 seeking a determination as to whether the condition
108 constitutes a hazardous walking condition as provided in
109 subsection (2) after providing at least 30 days’ notice in
110 writing to the state or local governmental entity having
111 jurisdiction over the road of its intent to do so unless, within
112 30 days after such notice is provided, the state or local
113 governmental entity concurs in writing that the condition is a
114 hazardous walking condition as provided in subsection (2) and
115 provides the position statement pursuant to subsection (4). If a
116 proceeding is initiated under this paragraph, the district
117 school board has the burden of proving such condition by the
118 greater weight of evidence. If the district school board
119 prevails, the district school superintendent shall report the
120 outcome to the Department of Education and initiate a formal
121 request for correction of the hazardous walking condition as
122 provided in subsection (4).
123 Section 3. Paragraph (b) of subsection (22) of section
124 1002.20, Florida Statutes, is amended to read:
125 1002.20 K-12 student and parent rights.—Parents of public
126 school students must receive accurate and timely information
127 regarding their child’s academic progress and must be informed
128 of ways they can help their child to succeed in school. K-12
129 students and their parents are afforded numerous statutory
130 rights including, but not limited to, the following:
131 (22) TRANSPORTATION.—
132 (b) Hazardous walking conditions.—K-6 Public school
133 students shall be provided transportation if they are subjected
134 to hazardous walking conditions, in accordance with the
135 provisions of ss. 1006.21(3)(b) and 1006.23.
136 Section 4. Paragraphs (a) and (e) of subsection (1) of
137 section 1011.68, Florida Statutes, are amended to read:
138 1011.68 Funds for student transportation.—The annual
139 allocation to each district for transportation to public school
140 programs, including charter schools as provided in s.
141 1002.33(17)(b), of students in membership in kindergarten
142 through grade 12 and in migrant and exceptional student programs
143 below kindergarten shall be determined as follows:
144 (1) Subject to the rules of the State Board of Education,
145 each district shall determine the membership of students who are
146 transported:
147 (a) By reason of living 1.5 2 miles or more from school.
148 (e) With respect to public elementary school students whose
149 grade level does not exceed grade 6, by reason of being
150 subjected to hazardous walking conditions en route to or from
151 school as provided in s. 1006.23. Such rules shall, when
152 appropriate, provide for the determination of membership under
153 this paragraph for less than 1 year to accommodate the needs of
154 students who require transportation only until such hazardous
155 conditions are corrected.
156 Section 5. This act shall take effect July 1, 2019.