Bill Text: FL S0802 | 2019 | Regular Session | Introduced


Bill Title: Public School Transportation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-05-03 - Died in Education [S0802 Detail]

Download: Florida-2019-S0802-Introduced.html
       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.

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