HB 42: Quality Basic Education; calculation and distribution of funds to local units of administration for student transportation programs; revise provisions

House Bill 42

By: Representatives Davis of the 87th, Scott of the 76th, and Schofield of the 63rd

A BILL TO BE ENTITLED

AN ACT

To amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements under Quality Basic 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 1 and 1/2 miles from school but who cannot safely walk or otherwise travel to school without the use of a motor vehicle; 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.

Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements under Quality Basic Education, is amended by revising Code Section 20-2-188, relating to student transportation, as follows:

"20-2-188.

(a)(1) 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.

(2) 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' shall mean 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. (a)(b)(1) The Twice each school year, the amount of funds needed by a local unit of administration to pay expenses the projected costs of student transportation shall be calculated and distributed 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 current and 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 actually distributed to any local unit of administration under this Code section during any school year shall equal the lesser of 100 percent of the projected costs calculated under this Code section for such local unit of administration or not exceed the actual costs incurred by the local unit of administration 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. 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. In establishing the schedule of standards and variable student transportation costs or cost factors, the state board State Board of Education shall collaborate with local units of administration throughout the state and 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 buses school vehicles; the suitability of school bus school vehicle transportation routes in the local unit of administration; the suitability of the type and number of buses school vehicles used by the local unit of administration; the number of miles traveled by school buses such school vehicles in the local unit of administration; minimum bus school vehicle loads; transportation surveys, cost of transportation equipment, and depreciation schedules; the schedule of minimum salaries for school bus vehicle drivers established in accordance with subsection (b)(d) of this Code section; the number of school bus vehicle drivers allotted to the local unit of administration; 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 of administration; cost of health and liability insurance; cost of safety instruction and training for both bus drivers and students; and such other factors and circumstances as the state board State Board of Education may find relevant for the purpose of establishing such schedules and cost factors. 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. The state board State Board of Education shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Code section.

(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.

(a.1)(c) Any funds that the State Board of Education allocates for school bus vehicle replacement may be used by local boards of education local units of administration to refurbish existing school buses; provided, however, that school. Bus vehicle replacement funds may not be restricted by the state board State Board of Education for use only in purchasing new or replacement school buses vehicles. Any school bus vehicle that is refurbished shall be subject to all safety and maintenance inspection requirements provided for by law. Refurbishment of a school bus such school vehicle shall be done by a school bus manufacturer or by a dealer of a manufacturer. Each local board of education local unit of administration that refurbishes a school bus vehicle 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 board of education local unit of administration receives state funds to refurbish a school bus vehicle so that the division may provide information to such local board unit of administration regarding the availability of federal funds for such purposes.

(b)(d) The State Board of Education shall establish a schedule of uniform minimum salaries that shall be paid by local units of administration to drivers of school buses vehicles provided by local units of administration for student transportation, regardless of type of ownership, which shall be not less than the amount appropriated by the General Assembly each year but not less than $500.00 $2,000.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. Local units of administration shall not pay to any bus such 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 such buses school vehicles regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus such 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 (a)(b) of this Code section. This subsection shall not apply to student or teacher drivers.

(c)(e) 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 of administration or on any other standard expense incurred by local units of administration, the standard transportation cost or allowance to be attributed to such item or expense under subsection (a)(b) of this Code section shall be based upon an amount not in excess of the state-bid price on such item or expense.

(d)(f) 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 bus, 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, 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 (a)(b) of this Code section, provided such students are actually transported to such school by a school bus or other vehicle made available for this purpose by the local unit of administration. Any Except as otherwise provided in this subsection, any 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. (e)(g) The State Board of Education shall establish and require adherence to minimum specifications for school 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 (a)(b) 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 state board State Board of Education shall require, monitor, and fund a program of safety instruction in the practices of safe riding and emergency bus vehicle evacuation drills for both school bus drivers and students riding school buses vehicles. (f)(h) 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.

(g)(i) 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 (a) through (e)(g) of this Code section for all students with special needs identified by the various local units of administration. Further, the state board State Board of Education 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 of administration.

(h)(j) The State Board of Education shall adopt policies and regulations relative to vehicles used for the transportation of students with special needs.

(i)(k) Notwithstanding the provisions of subsections (a) through (h)(j) 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.

(j)(l) The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses of drivers of school bus drivers vehicles shall be determined by multiplying the number of school buses vehicles 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 2.

All laws and parts of laws in conflict with this Act are repealed.