Florida Senate - 2020                                    SB 1410
       By Senator Cruz
       18-01882-20                                           20201410__
    1                        A bill to be entitled                      
    2         An act relating to public school transportation;
    3         amending s. 1006.21, F.S.; revising the requirement
    4         that district school boards provide transportation for
    5         certain students; amending s. 1006.23, F.S.; revising
    6         the definition of the term “student”; requiring a
    7         district school superintendent to request a review of
    8         a hazardous walking condition upon receipt of a
    9         written request from a parent of a student; requiring,
   10         rather than authorizing, a district school board to
   11         initiate a specified proceeding relating to hazardous
   12         walking conditions; amending ss. 1002.20 and 1011.68,
   13         F.S.; conforming provisions to changes made by the
   14         act; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Paragraphs (a) and (b) of subsection (3) of
   19  section 1006.21, Florida Statutes, are amended to read:
   20         1006.21 Duties of district school superintendent and
   21  district school board regarding transportation.—
   22         (3) District school boards, after considering
   23  recommendations of the district school superintendent:
   24         (a) Shall provide transportation for each student in
   25  prekindergarten disability programs and in kindergarten through
   26  grade 12 membership in a public school when, and only when,
   27  transportation is necessary to provide adequate educational
   28  facilities and opportunities that which otherwise would not be
   29  available and to transport students whose homes are more than 2
   30  miles a reasonable walking distance, as defined by rules of the
   31  State Board of Education, from the nearest appropriate school.
   32         (b) Shall provide transportation for public elementary
   33  school students in membership whose grade level does not exceed
   34  grade 6, and may provide transportation for public school
   35  students in membership in grades 7 through 12, if they such
   36  students are subjected to hazardous walking conditions as
   37  provided in s. 1006.23 while en route to or from school.
   38         Section 2. Subsections (1) and (3) of section 1006.23,
   39  Florida Statutes, are amended to read:
   40         1006.23 Hazardous walking conditions.—
   41         (1) DEFINITION.—As used in this section, the term “student”
   42  means any public elementary school student in kindergarten
   43  through whose grade 12 level does not exceed grade 6.
   45         (a) When a district school superintendent requests a
   46  request for review of is made by the district school
   47  superintendent with respect to a road over which a state or
   48  local governmental entity has jurisdiction concerning a
   49  condition perceived to be hazardous to students in that district
   50  who live within the 2-mile limit and who walk to school, such
   51  condition must shall be inspected jointly by a representative of
   52  the school district, a representative of the state or local
   53  governmental entity with jurisdiction over the perceived
   54  hazardous location, and a representative of the municipal police
   55  department for a municipal road, a representative of the
   56  sheriff’s office for a county road, or a representative of the
   57  Department of Transportation for a state road. The district
   58  school superintendent must request the review if he or she
   59  receives a written request from a parent of a student in the
   60  school district. If the jurisdiction is within an area for which
   61  there is a metropolitan planning organization, a representative
   62  of that organization must shall also be included. The
   63  governmental representatives shall determine whether the
   64  condition constitutes a hazardous walking condition as provided
   65  in subsection (2). If the governmental representatives concur
   66  that a condition constitutes a hazardous walking condition as
   67  provided in subsection (2), the governmental entity with
   68  jurisdiction must shall report that determination in writing to
   69  the district school superintendent, who shall initiate a formal
   70  request for correction as provided in subsection (4).
   71         (b) If the governmental representatives are unable to reach
   72  a consensus, the reasons for lack of consensus shall be reported
   73  to the district school superintendent, who shall provide a
   74  report and recommendation to the district school board. The
   75  district school board shall may initiate a proceeding under
   76  chapter 86 seeking a determination as to whether the condition
   77  constitutes a hazardous walking condition as provided in
   78  subsection (2) after providing at least 30 days’ notice in
   79  writing to the state or local governmental entity having
   80  jurisdiction over the road of its intent to do so unless, within
   81  30 days after such notice is provided, the state or local
   82  governmental entity concurs in writing that the condition is a
   83  hazardous walking condition as provided in subsection (2) and
   84  provides the position statement pursuant to subsection (4). If a
   85  proceeding is initiated under this paragraph, the district
   86  school board has the burden of proving such condition by the
   87  greater weight of evidence. If the district school board
   88  prevails, the district school superintendent shall report the
   89  outcome to the Department of Education and initiate a formal
   90  request for correction of the hazardous walking condition as
   91  provided in subsection (4).
   92         Section 3. Paragraph (b) of subsection (22) of section
   93  1002.20, Florida Statutes, is amended to read:
   94         1002.20 K-12 student and parent rights.—Parents of public
   95  school students must receive accurate and timely information
   96  regarding their child’s academic progress and must be informed
   97  of ways they can help their child to succeed in school. K-12
   98  students and their parents are afforded numerous statutory
   99  rights including, but not limited to, the following:
  100         (22) TRANSPORTATION.—
  101         (b) Hazardous walking conditions.K-6 Public school
  102  students shall be provided transportation if they are subjected
  103  to hazardous walking conditions, in accordance with the
  104  provisions of ss. 1006.21(3)(b) and 1006.23.
  105         Section 4. Paragraph (e) of subsection (1) of section
  106  1011.68, Florida Statutes, is amended to read:
  107         1011.68 Funds for student transportation.—The annual
  108  allocation to each district for transportation to public school
  109  programs, including charter schools as provided in s.
  110  1002.33(17)(b), of students in membership in kindergarten
  111  through grade 12 and in migrant and exceptional student programs
  112  below kindergarten shall be determined as follows:
  113         (1) Subject to the rules of the State Board of Education,
  114  each district shall determine the membership of students who are
  115  transported:
  116         (e) With respect to public elementary school students whose
  117  grade level does not exceed grade 6, by reason of being
  118  subjected to hazardous walking conditions en route to or from
  119  school as provided in s. 1006.23. Such rules shall, when
  120  appropriate, provide for the determination of membership under
  121  this paragraph for less than 1 year to accommodate the needs of
  122  students who require transportation only until such hazardous
  123  conditions are corrected.
  124         Section 5. This act shall take effect July 1, 2020.