House Bill 1094
By: Representatives Davis of the 87th, Scott of the 76th, and Schofield of the 63rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to
elementary and secondary education, so as to revise provisions for the calculation and
distribution of funds by the State Board of Education to local units of administration for
student transportation programs; to require the State Board of Education to distribute to each
local unit of administration up to 100 percent of projected costs of such local unit of
administration's student transportation program, subject to exception; to remove requirements
that regular transportation services shall be fully funded before other transportation services
are funded; to require the State Board of Education to collaborate with and receive relevant
information from local units of administration regarding the calculation of projected costs
of student transportation programs; to include the cost of health insurance in the factors
considered in calculating the costs of student transportation programs; to provide for
processes; to require the Department of Education to update the schedule of standards and
variable student transportation costs or cost factors twice each year and to publish such
updated schedules on its public website; to provide for the use of vehicles in addition to
school buses in student transportation programs; to provide for an increase in the schedule
of uniform minimum salaries for drivers; to provide for the inclusion in transportation cost
calculations of students who live within one and one-half miles from school but who cannot
safely walk or otherwise travel to school without the use of a motor vehicle; to provide for
the establishment of a school vehicle data base; to provide for establishment of a school
vehicle replacement schedule; to provide for a grant program to reimburse for expenses
related to school vehicles; to provide for priorities for such grants; to provide for a short title;
to provide for legislative findings; to provide for definitions; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia School Bus Safety and
Modernization Act."
SECTION 2.
The General Assembly finds:
(1) Georgia's current school transportation formula does not adequately support the safe,
efficient, and equitable operation of school buses;
(2) Many districts continue to use school buses older than 15-20 years, posing safety
risks and high maintenance;
(3) There is a critical shortage of bus drivers state wide due to low pay and lack of
benefits;
(4) Rural and high-density districts face disproportionate costs that are not reflected in
state reimbursement formulas; and
(5) The state must act to modernize its school transportation infrastructure to improve
student safety, access, and educational equity.
SECTION 3.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and
secondary education, is amended by revising Code Section 20-2-188, relating to student
transportation, as follows:
"20-2-188.
<ins>(a)(1) As used in this chapter, the term:
(A) 'Bus' or 'school bus' means vehicles, including, but not limited to, school buses,
that are designated and used by a local unit of administration for the transportation of
students as part of its transportation program; provided, however, that vehicles owned
by school personnel, students, or student family members shall not be included even
when used for the purpose of transporting students.
(B) 'School bus driver' means a person who is assigned by a local unit of administration
to drive vehicles, including, but not limited to, school buses, that are designated and
used by such local unit of administration for the transportation of students as part of its
transportation program.
(C) 'School bus stop' means a place designated by a local unit of administration or
other proper authority for the pickup and drop off of students using vehicles, including,
but not limited to, school buses, designated and used by such local unit of
administration for the transportation of students as part of its student transportation
program.
(2) As used in this Code section, the term 'school vehicle' or 'vehicle' means vehicles,
including, but not limited to, school buses, that are designated and used by a local unit
of administration for the transportation of students as part of its transportation program;
provided, however, that vehicles owned by school personnel, students, or student family
members shall not be included even when used for the purpose of transporting students.
(a)(b)(1) Twice each school year, the</ins> <del>The</del> amount of funds needed by a local unit of
administration to pay <del>expenses</del> <ins>the projected costs</ins> of student transportation shall be
calculated <ins>and distributed</ins> by the State Board of Education in accordance with a schedule
of standard transportation costs to be incurred by local units of administration in the
operation of economical and efficient student transportation programs and a schedule of
variable transportation costs or variable cost factors dependent upon <ins>current and
</ins> prevailing circumstances which affect, in varying ways, the cost of student transportation
authorized by this Code section; provided, however, that the amount of funds to be
<del>actually</del> distributed to any local unit of administration under this Code section during any
school year shall <del>not exceed</del> <ins>equal the lesser of 100 percent of the projected costs
calculated under this Code section for such local unit of administration or</ins> the actual costs
incurred by the local unit <ins>of administration</ins> in transporting students to and from public
schools, including costs for transportation for disabled or limited-English-proficient
students who must travel across local school system lines or away from the school to
which they would normally be assigned if they did not have such special needs. <del>It is
further provided that the costs of the regular student transportation program receive full
funding before funds are provided for transportation of students to and from places for
the purpose of work experiences, training in instructional laboratories outside the
assigned schools, and in other such field trips required of or integral to the various
instructional components of the educational program.</del> In establishing the schedule of
standards and variable student transportation costs or cost factors, the <del>state board</del> <ins>State
Board of Education shall collaborate with local units of administration throughout the
state and</ins> is, without limiting the generality of the foregoing, authorized to consider
factors and circumstances such as the number and density of students transported in the
local unit of administration and the areas therein served by school <del>buses</del> <ins>vehicles;</ins> the
suitability of school <del>bus</del> <ins>vehicle transportation</ins> routes in the local unit <ins>of administration;
</ins> the suitability of the type and number of <del>buses</del> <ins>school vehicles</ins> used by the local unit <ins>of
administration;</ins> the number of miles traveled by <del>school buses</del> such school vehicles in the
local unit <ins>of administration;</ins> minimum <del>bus</del> <ins>school vehicle</ins> loads; transportation surveys,
cost of transportation equipment, and depreciation schedules; the schedule of minimum
salaries for school <del>bus</del> <ins>vehicle</ins> drivers established in accordance with subsection <ins>(b)(d)
</ins> of this Code section; the number of school <del>bus</del> vehicle drivers allotted to the local unit
<ins>of administration;</ins> maintenance, repair, and operating costs of transportation equipment;
climate and terrain; condition of roads used for the purpose of transporting students in the
local unit <ins>of administration;</ins> cost of <ins>health and</ins> liability insurance; cost of safety
instruction and training for both <del>bus</del> drivers and students; and such other factors and
circumstances as the <del>state board</del> <ins>State Board of Education</ins> may find relevant for the
purpose of establishing such schedules and cost factors. <ins>The State Board of Education
shall provide for process by which local units of administration shall be permitted to
submit for review by the Department of Education information which such local unit of
administration deems to be relevant to the calculation of the projected cost of student
transportation programs.</ins> The <del>state board</del> <ins>State Board of Education</ins> shall have authority
to establish minimum requirements and standards respecting use of funds allotted under
this Code section.
<ins>(2) The schedule of standards and variable student transportation costs or cost factors
provided for in paragraph (1) of this subsection shall be updated by the Department of
Education twice each year no later than March 1 and November 1 to accurately reflect
current and actual conditions and published on the Department of Education's public
website.
</ins> <del>(a.1)(c)</del> Any funds that the State Board of Education allocates for school <del>bus</del> <ins>vehicle
</ins> replacement may be used by <del>local boards of education</del> <ins>local units of administration</ins> to
refurbish existing school <del>buses</del> <ins>vehicles; provided, however, that school vehicle.</ins> <del>Bus
</del> replacement funds may not be restricted by the <del>state board</del> <ins>State Board of Education</ins> for use
only in purchasing new or replacement school <del>buses</del> <ins>vehicles.</ins> Any school <del>bus</del> <ins>vehicle</ins> that
is refurbished shall be subject to all safety and maintenance inspection requirements
provided for by law. Refurbishment of <del>a school bus</del> <ins>such school vehicle</ins> shall be done by
a <del>school bus</del> manufacturer or by a dealer of a manufacturer. Each local <del>board of education
</del> <ins>unit of administration</ins> that refurbishes a school <del>bus</del> <ins>vehicle</ins> pursuant to this subsection is
strongly encouraged to apply for federal funds to retrofit the engine. The State Board of
Education shall notify the Environmental Protection Division when a local <del>board of
education</del> <ins>unit of administration</ins> receives state funds to refurbish a school <del>bus</del> <ins>vehicle</ins> so
that the division may provide information to such local <del>board</del> <ins>unit of administration
</ins> regarding the availability of federal funds for such purposes.
<del>(b)(d)</del> The State Board of Education shall establish, <ins>and annually update,</ins> a schedule of
uniform minimum salaries that shall be paid by local units of administration to drivers of
school <del>buses</del> <ins>vehicles provided by local units of administration for student transportation,
</ins> regardless of type of ownership, which shall be not less than the amount appropriated by
the General Assembly each year but not less than <del>$500.00</del> <ins>$2,000.00</ins> per month for 12
months. <del>The minimum salary schedule shall not apply to drivers of cars and other vehicles
not designated as school buses.</del> Local units of administration shall not pay to any <del>bus</del> <ins>such
</ins> driver in their employment salaries less than those prescribed by the uniform minimum
salary schedule but shall have the authority to supplement such salaries. The expense of
purchasing, maintaining, and operating <del>such buses</del> <ins>school vehicles,</ins> regardless of type of
ownership, shall not be considered in establishing the schedule of uniform minimum
salaries for <del>school bus</del> <ins>such</ins> drivers. The schedule of uniform minimum salaries shall be
used as a standard cost item for the purpose of calculating the expense of student
transportation under subsection <ins>(a)(b)</ins> of this Code section. This subsection shall not apply
to student or teacher drivers.
<del>(c)(e)</del> To the extent that the State Board of Education obtains a state-bid price under
subsection (b) of Code Section 20-2-168 on any standard item of equipment, supply, or
service used or obtained by local units of administration in connection with or as a result
of providing transportation services to students attending the public schools of such local
units <ins>of administration</ins> or on any other standard expense incurred by local units <ins>of
</ins>
<ins>administration,</ins> the standard transportation cost or allowance to be attributed to such item
or expense under subsection <ins>(a)(b)</ins> of this Code section shall be based upon an amount not
in excess of the state-bid price on such item or expense.
<del>(d)(f)</del> Students who live beyond one and one-half miles from the school to which they are
assigned, according to the nearest practical route by school <del>bus,</del> <ins>vehicle, and students who
cannot readily walk to school or otherwise travel to school without the use of a motor
vehicle due to safety concerns, including, but not limited to, a lack of safely traversable
sidewalks and bike lanes, congested intersections, and otherwise unsafe conditions,</ins> shall
be eligible to be counted as transported students for the purpose of calculating that portion
of the expense of student transportation associated with transporting students from home
to school and from school to home as authorized under subsection <ins>(a)(b)</ins> of this Code
section, provided such students are actually transported to such school by <ins>a</ins> school <del>bus or
other</del> vehicle made available for this purpose by the local unit of administration. <del>Any
</del> <ins>Except as otherwise provided in this subsection, any</ins> student who resides within such
mileage limitation shall not be eligible to be counted for school transportation state-aid
purposes, with the exception of disabled students being transported.
<ins>(e)(g)</ins> The State Board of Education shall establish and require adherence to minimum
specifications for <ins>school</ins> vehicles used or contracted to be used by local units of
administration for transporting students, including a motor vehicle with a capacity of eight
persons or less operated and marked for the transportation of school children to and from
school and school related activities, taking into account the factors and circumstances set
forth in subsection <ins>(a)(b)</ins> of this Code section, and shall establish and require adherence to
minimum standards and requirements respecting maintenance, repair, inspection, and use
of such vehicles and minimum qualifications for the drivers of such vehicles. The <del>state
board</del> <ins>State Board of Education</ins> shall require, monitor, and fund a program of safety
instruction in the practices of safe riding and emergency <del>bus</del> <ins>vehicle</ins> evacuation drills for
both school <del>bus</del> <ins>vehicle</ins> drivers and students riding <del>school buses</del> <ins>in such vehicles.
</ins>
<ins>(f)(h)</ins> The State Board of Education shall have the authority to allot funds for the
transportation of all public school students residing on Sapelo Island to the mainland of the
state for the purpose of attending school on the mainland.
<del>(g)(i)</del> The State Board of Education shall adopt policies, procedures, regulations, and other
such requirements for transportation and for payment of all transportation costs pursuant
to subsections <ins>(a)(b)</ins> through <ins>(e)(g)</ins> of this Code section for all students with special needs
identified by the various local units of administration. Further, the <del>state board</del> <ins>State Board
of Education</ins> shall allot funds to local units of administration for transportation costs for
those students authorized by such local units of administration to attend schools and
programs of other local units <ins>of administration.
</ins> <del>(h)(j)</del> The State Board of Education shall adopt policies and regulations relative to vehicles
used for the transportation of students with special needs.
<ins>(i)(k)</ins> Notwithstanding the provisions of subsections <ins>(a)(b)</ins> through <del>(h)(j)</del> of this Code
section, funds to pay the expenses of student transportation shall be paid to an independent
school system only when requested by the board of education of such independent school
system. Any funds for student transportation costs shall be specified by the board of
education of the independent school system in its budget prepared pursuant to subsection
(c) of Code Section 20-2-167 and, if not budgeted therein, no expenses for student
transportation shall be payable to the independent school system for the fiscal year covered
by such budget. No provision of this article shall be construed to require the board of
education of any independent school system to furnish student transportation services
within such school system.
<del>(j)(l)</del> The amount of funds needed by a local unit of administration during a fiscal year for
sick and personal leave expenses of <ins>drivers of</ins> school <del>bus drivers</del> <ins>vehicles</ins> shall be
determined by multiplying the number of school <del>buses</del> <ins>vehicles</ins> allotted to a local unit of
administration pursuant to this Code section by a sum of money not less than $75.00. The
State Board of Education shall have the authority to prescribe minimum requirements and
standards for the distribution, use, and expenditure of funds allotted under this subsection."
SECTION 4.
Said chapter is further amended by adding a new Code section to read as follows:
<ins>"20-2-1129.
(a) The State Board of Education shall provide for the development and maintenance of
a data base containing information related to school vehicles, as such term is defined in
20-2-188, including, but not limited to, age, mileage, and fuel type.
(b) The State Board of Education shall establish a state-wide vehicle replacement schedule
for the purpose of assisting local units of administration in the replacement of school
vehicles over 12 years old and those over 200,000 miles.
(c) Subject to appropriations by the General Assembly, the State Board of Education shall
provide grants to local units of administration for the purpose of reimbursing expenditures
related to school vehicles, as such term is defined in 20-2-188. Such covered expenditures
shall be:
(1) School vehicle purchase or lease;
(2) Acquisition of GPS and safety camera systems;
(3) Acquisition of ADA-compliant equipment; and
(4) School vehicle clean fuel conversions.
(d) The State Board of Education shall prioritize providing the grants pursuant to
subsection (c) of this Code section to local units of administration:
(1) Operating school vehicles with an average age of 15 years or older;
(2) Serving the highest rates of students with special needs; and
(3) Serving students with the highest average distance to travel in school vehicles.
(e) The State Board of Education shall establish criteria, implement an application process,
and award grants consistent with the provisions of this Code section.
</ins>
<ins>(f) The State Board of Education shall be authorized to pursue federal funding
opportunities and collaborations with private entities, nonprofit organizations, and
philanthropic organizations to fund the grant program established pursuant to this Code
section."
</ins> SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.