Senate Bill 178 (2021) — Public school transportation
SB 178
Florida Bills
Florida Senate - 2021 SB 178 By Senator Cruz 18-00417-21 2021178__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to public school transportation; 2 amending s. 1006.21, F.S.; revising the requirement 3 that district school boards provide transportation for 4 certain students; amending s. 1006.23, F.S.; revising 5 the definition of the term “student”; requiring a 6 district school superintendent to request a review of 7 a hazardous walking condition upon receipt of a 8 written request from a parent of a student; requiring, 9 rather than authorizing, a district school board to 10 initiate a specified proceeding relating to hazardous 11 walking conditions; amending ss. 1002.20 and 1011.68, 12 F.S.; conforming provisions to changes made by the 13 act; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17
Section 1. Paragraphs (
a) and (
b) of subsection (3) of 18
section 1006.21, Florida Statutes, are amended to read: 19 1006.21 Duties of district school superintendent and 20 district school board regarding transportation.— 21
(3) District school boards, after considering 22 recommendations of the district school superintendent: 23 (
a) Shall provide transportation for each student in 24 prekindergarten disability programs and in kindergarten through 25 grade 12 membership in a public school when, and only when, 26 transportation is necessary to provide adequate educational 27 facilities and opportunities that which otherwise would not be 28 available and to transport students whose homes are more than 2 29
Florida Senate - 2021 SB 178 18-00417-21 2021178__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. miles a reasonable walking distance, as defined by rules of the 30 State Board of Education, from the nearest appropriate school. 31 (
b) Shall provide transportation for public elementary 32 school students in membership whose grade level does not exceed 33 grade 6, and may provide transportation for public school 34 students in membership in grades 7 through 12, if they such 35 students are subjected to hazardous walking conditions as 36 provided in s. 1006.23 while en route to or from school. 37
Section 2. Subsections (1) and (3) of
section 1006.23, 38 Florida Statutes, are amended to read: 39 1006.23 Hazardous walking conditions.— 40
(1) DEFINITION.—As used in this section, the term “student” 41 means any public elementary school student in kindergarten 42 through whose grade 12 level does not exceed grade 6. 43
(3) IDENTIFICATION OF HAZARDOUS CONDITIONS.— 44 (
a) When a district school superintendent requests a 45 request for review of is made by the district school 46 superintendent with respect to a road over which a state or 47 local governmental entity has jurisdiction concerning a 48 condition perceived to be hazardous to students in that district 49 who live within the 2-mile limit and who walk to school, such 50 condition must shall be inspected jointly by a representative of 51 the school district, a representative of the state or local 52 governmental entity with jurisdiction over the perceived 53 hazardous location, and a representative of the municipal police 54 department for a municipal road, a representative of the 55 sheriff’s office for a county road, or a representative of the 56 Department of Transportation for a state road.
The district 57 superintendent must request the review if he or she receives a 58
Florida Senate - 2021 SB 178 18-00417-21 2021178__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. written request from a parent of a student in the school 59 district. If the jurisdiction is within an area for which there 60 is a metropolitan planning organization, a representative of 61 that organization must shall also be included. The governmental 62 representatives shall determine whether the condition 63 constitutes a hazardous walking condition as provided in 64 subsection (2).
If the governmental representatives concur that 65 a condition constitutes a hazardous walking condition as 66 provided in subsection (2), the governmental entity with 67 jurisdiction must shall report that determination in writing to 68 the district school superintendent, who shall initiate a formal 69 request for correction as provided in subsection (4). 70 (
b) If the governmental representatives are unable to reach 71 a consensus, the reasons for lack of consensus shall be reported 72 to the district school superintendent, who shall provide a 73 report and recommendation to the district school board. The 74 district school board shall may initiate a proceeding under 75
chapter 86 seeking a determination as to whether the condition 76 constitutes a hazardous walking condition as provided in 77 subsection (2) after providing at least 30 days’ notice in 78 writing to the state or local governmental entity having 79 jurisdiction over the road of its intent to do so unless, within 80 30 days after such notice is provided, the state or local 81 governmental entity concurs in writing that the condition is a 82 hazardous walking condition as provided in subsection (2) and 83 provides the position statement pursuant to subsection (4).
If a 84 proceeding is initiated under this paragraph, the district 85 school board has the burden of proving such condition by the 86 greater weight of evidence. If the district school board 87
Florida Senate - 2021 SB 178 18-00417-21 2021178__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. prevails, the district school superintendent shall report the 88 outcome to the Department of Education and initiate a formal 89 request for correction of the hazardous walking condition as 90 provided in subsection (4). 91
Section 3. Paragraph (
b) of subsection (22) of
section 92 1002.20, Florida Statutes, is amended to read: 93 1002.20 K-12 student and parent rights.—Parents of public 94 school students must receive accurate and timely information 95 regarding their child’s academic progress and must be informed 96 of ways they can help their child to succeed in school. K-12 97 students and their parents are afforded numerous statutory 98 rights including, but not limited to, the following: 99
(22) TRANSPORTATION.— 100 (
b) Hazardous walking conditions.—K-6 Public school 101 students shall be provided transportation if they are subjected 102 to hazardous walking conditions, in accordance with the 103 provisions of ss. 1006.21(3)(
b) and 1006.23. 104
Section 4. Paragraph (
e) of subsection (1) of
section 105 1011.68, Florida Statutes, is amended to read: 106 1011.68 Funds for student transportation.—The annual 107 allocation to each district for transportation to public school 108 programs, including charter schools as provided in s. 109 1002.33(17)(b), of students in membership in kindergarten 110 through grade 12 and in migrant and exceptional student programs 111 below kindergarten shall be determined as follows: 112
(1) Subject to the rules of the State Board of Education, 113 each district shall determine the membership of students who are 114 transported: 115 (
e) With respect to public elementary school students whose 116
Florida Senate - 2021 SB 178 18-00417-21 2021178__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. grade level does not exceed grade 6, by reason of being 117 subjected to hazardous walking conditions en route to or from 118 school as provided in s. 1006.23. Such rules shall, when 119 appropriate, provide for the determination of membership under 120 this paragraph for less than 1 year to accommodate the needs of 121 students who require transportation only until such hazardous 122 conditions are corrected. 123