HB1094: HB1094 Georgia School Bus Safety and Modernization Act; enact

26 LC 56 0433 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 to1 elementary and secondary education, so as to revise provisions for the calculation and2 distribution of funds by the State Board of Education to local units of administration for3 student transportation programs; to require the State Board of Education to distribute to each4 local unit of administration up to 100 percent of projected cos ts of such local unit of5 administration's student transportation program, subject to exception; to remove requirements6 that regular transportation services shall be fully funded before other transportation services7 are funded; to require the State Board of Education to collaborate with and receive relevant8 information from local units of administration regarding the ca lculation of projected costs9 of student transportation programs; to include the cost of heal th insurance in the factors10 considered in calculating the costs of student transportation p rograms; to provide for11 processes; to require the Department of Education to update the schedule of standards and12 variable student transportation costs or cost factors twice eac h year and to publish such13 updated schedules on its public website; to provide for the use of vehicles in addition to14 school buses in student transportation programs; to provide for an increase in the schedule15 of uniform minimum salaries for drivers; to provide for the inclusion in transportation cost16 calculations of students who live within one and one-half miles from school but who cannot17 safely walk or otherwise travel to school without the use of a motor vehicle; to provide for18 H. B. 1094 - 1 - 26 LC 56 0433 the establishment of a school vehicle data base; to provide for establishment of a school19 vehicle replacement schedule; to provide for a grant program to reimburse for expenses20 related to school vehicles; to provide for priorities for such grants; to provide for a short title;21 to provide for legislative findings; to provide for definitions; to provide for related matters;22 to repeal conflicting laws; and for other purposes.23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24 SECTION 1.25 This Act shall be known and may be cited as the "Georgia School Bus Safety and26 Modernization Act."27 SECTION 2.28 The General Assembly finds:29 (1) Georgia's current school transportation formula does not adequately support the safe,30 efficient, and equitable operation of school buses;31 (2) Many districts continue to use school buses older than 15- 20 years, posing safety32 risks and high maintenance;33 (3) There is a critical shortage of bus drivers state wide due to low pay and lack of34 benefits; 35 (4) Rural and high-density districts face disproportionate costs that are not reflected in36 state reimbursement formulas; and37 (5) The state must act to modernize its school transportation infrastructure to improve38 student safety, access, and educational equity.39 H. B. 1094 - 2 - 26 LC 56 0433 SECTION 3.40 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and41 secondary education, is amended by revising Code Section 20-2-1 88, relating to student42 transportation, as follows:43 "20-2-188.44 (a)(1) As used in this chapter, the term:45 (A) 'Bus' or 'school bus' means vehicles, including, but not l imited to, school buses,46 that are designated and used by a local unit of administration for the transportation of47 students as part of its transportation program; provided, however, that vehicles owned48 by school personnel, students, or student family members shall not be included even49 when used for the purpose of transporting students.50 (B) 'School bus driver' means a person who is assigned by a local unit of administration51 to drive vehicles, including, but not limited to, school buses, that are designated and52 used by such local unit of administration for the transportation of students as part of its53 transportation program.54 (C) 'School bus stop' means a place designated by a local unit of administration or55 other proper authority for the pickup and drop off of students using vehicles, including,56 but not limited to, school buses, designated and used by such l ocal unit of57 administration for the transportation of students as part of it s student transportation58 program.59 (2) As used in this Code section, the term 'school vehicle' or 'vehicle' means vehicles,60 including, but not limited to, school buses, that are designated and used by a local unit61 of administration for the transportation of students as part of its transportation program;62 provided, however, that vehicles owned by school personnel, students, or student family63 members shall not be included even when used for the purpose of transporting students.64 (a)(b)(1) Twice each school year, the The amount of funds needed by a local unit of65 administration to pay expenses the projected costs of student transportation shall be66 H. B. 1094 - 3 - 26 LC 56 0433 calculated and distributed by the State Board of Education in accordance with a schedule67 of standard transportation costs to be incurred by local units of administration in the68 operation of economical and efficient student transportation programs and a schedule of69 variable transportation costs or variable cost factors dependen t upon current and70 prevailing circumstances which affect, in varying ways, the cost of student transportation71 authorized by this Code section; provided, however, that the am ount of funds to be72 actually distributed to any local unit of administration under this Code section during any73 school year shall not exceed equal the lesser of 100 percent of the projected costs74 calculated under this Code section for such local unit of administration or the actual costs75 incurred by the local unit of administration in transporting students to and from public76 schools, including costs for transportation for disabled or lim ited-English-proficient77 students who must travel across local school system lines or aw ay from the school to78 which they would normally be assigned if they did not have such special needs. It is79 further provided that the costs of the regular student transportation program receive full80 funding before funds are provided for transportation of students to and from places for81 the purpose of work experiences, training in instructional labo ratories outside the82 assigned schools, and in other such field trips required of or integral to the various83 instructional components of the educational program. In establishing the schedule of84 standards and variable student transportation costs or cost factors, the state board State85 Board of Education shall collaborate with local units of admini stration throughout the86 state and is, without limiting the generality of the foregoing, authoriz ed to consider87 factors and circumstances such as the number and density of students transported in the88 local unit of administration and the areas therein served by sc hool buses vehicles; the89 suitability of school bus vehicle transportation routes in the local unit of administration;90 the suitability of the type and number of buses school vehicles used by the local unit of91 administration; the number of miles traveled by school buses such school vehicles in the92 local unit of administration; minimum bus school vehicle loads; transportation surveys,93 H. B. 1094 - 4 - 26 LC 56 0433 cost of transportation equipment, and depreciation schedules; the schedule of minimum94 salaries for school bus vehicle drivers established in accordance with subsection (b)(d)95 of this Code section; the number of school bus vehicle drivers allotted to the local unit96 of administration; maintenance, repair, and operating costs of transportation equipment;97 climate and terrain; condition of roads used for the purpose of transporting students in the98 local unit of administration ; cost of health and liability insurance; cost of safety99 instruction and training for both bus drivers and students; and such other factors and100 circumstances as the state board State Board of Education may find relevant for the101 purpose of establishing such schedules and cost factors. The State Board of Education102 shall provide for process by which local units of administratio n shall be permitted to103 submit for review by the Department of Education information which such local unit of104 administration deems to be relevant to the calculation of the p rojected cost of student105 transportation programs. The state board State Board of Education shall have authority106 to establish minimum requirements and standards respecting use of funds allotted under107 this Code section.108 (2) The schedule of standards and variable student transportat ion costs or cost factors109 provided for in paragraph (1) of this subsection shall be updat ed by the Department of110 Education twice each year no later than March 1 and November 1 to accurately reflect111 current and actual conditions and published on the Department o f Education's public112 website.113 (a.1)(c) Any funds that the State Board of Education allocates for sch ool bus vehicle114 replacement may be used by local boards of education local units of administration to115 refurbish existing school buses vehicles; provided, however, that school vehicle . Bus116 replacement funds may not be restricted by the state board State Board of Education for use117 only in purchasing new or replacement school buses vehicles. Any school bus vehicle that118 is refurbished shall be subject to all safety and maintenance i nspection requirements119 provided for by law. Refurbishment of a school bus such school vehicle shall be done by120 H. B. 1094 - 5 - 26 LC 56 0433 a school bus manufacturer or by a dealer of a manufacturer. Each local board of education121 unit of administration that refurbishes a school bus vehicle pursuant to this subsection is122 strongly encouraged to apply for federal funds to retrofit the engine. The State Board of123 Education shall notify the Environmental Protection Division wh e n a l o c a l b o a r d o f124 education unit of administration receives state funds to refurbish a school bus vehicle so125 that the division may provide information to such local board unit of administration126 regarding the availability of federal funds for such purposes.127 (b)(d) The State Board of Education shall establish, and annually up date, a schedule of128 uniform minimum salaries that shall be paid by local units of administration to drivers of129 school buses vehicles provided by local units of administration for student transportation,130 regardless of type of ownership, which shall be not less than the amount appropriated by131 the General Assembly each year but not less than $500.00 $2,000.00 per month for 12132 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles133 not designated as school buses. Local units of administration shall not pay to any bus such134 driver in their employment salaries less than those prescribed by the uniform minimum135 salary schedule but shall have the authority to supplement such salaries. The expense of136 purchasing, maintaining, and operating such buses school vehicles, regardless of type of137 ownership, shall not be considered in establishing the schedule of uniform minimum138 salaries for school bus such drivers. The schedule of uniform minimum salaries shall be139 used as a standard cost item for the purpose of calculating the expense of student140 transportation under subsection (a)(b) of this Code section. This subsection shall not apply141 to student or teacher drivers.142 (c)(e) To the extent that the State Board of Education obtains a sta te-bid price under143 subsection (b) of Code Section 20-2-168 on any standard item of equipment, supply, or144 service used or obtained by local units of administration in connection with or as a result145 of providing transportation services to students attending the public schools of such local146 units of administration or on any other standard expense incurred by local units of147 H. B. 1094 - 6 - 26 LC 56 0433 administration, the standard transportation cost or allowance to be attributed to such item148 or expense under subsection (a)(b) of this Code section shall be based upon an amount not149 in excess of the state-bid price on such item or expense.150 (d)(f) Students who live beyond one and one-half miles from the school to which they are151 assigned, according to the nearest practical route by school bus, vehicle, and students who152 cannot readily walk to school or otherwise travel to school wit hout the use of a motor153 vehicle due to safety concerns, including, but not limited to, a lack of safely traversable154 sidewalks and bike lanes, congested intersections, and otherwise unsafe conditions, shall155 be eligible to be counted as transported students for the purpose of calculating that portion156 of the expense of student transportation associated with transporting students from home157 to school and from school to home as authorized under subsectio n (a)(b) of this Code158 section, provided such students are actually transported to such school by a school bus or159 other vehicle made available for this purpose by the local unit of a dministration. Any160 Except as otherwise provided in this subsection, any student who resides within such161 mileage limitation shall not be eligible to be counted for scho ol transportation state-aid162 purposes, with the exception of disabled students being transported.163 (e)(g) The State Board of Education shall establish and require adhe rence to minimum164 specifications for school vehicles used or contracted to be used by local units of165 administration for transporting students, including a motor vehicle with a capacity of eight166 persons or less operated and marked for the transportation of school children to and from167 school and school related activities, taking into account the factors and circumstances set168 forth in subsection (a)(b) of this Code section, and shall establish and require adherence to169 minimum standards and requirements respecting maintenance, repair, inspection, and use170 of such vehicles and minimum qualifications for the drivers of such vehicles. The state171 board State Board of Education shall require, monitor, and fund a program of safety172 instruction in the practices of safe riding and emergency bus vehicle evacuation drills for173 both school bus vehicle drivers and students riding school buses in such vehicles.174 H. B. 1094 - 7 - 26 LC 56 0433 (f)(h) The State Board of Education shall have the authority to allo t funds for the175 transportation of all public school students residing on Sapelo Island to the mainland of the176 state for the purpose of attending school on the mainland.177 (g)(i) The State Board of Education shall adopt policies, procedures, regulations, and other178 such requirements for transportation and for payment of all transportation costs pursuant179 to subsections (a)(b) through (e)(g) of this Code section for all students with special needs180 identified by the various local units of administration. Further, the state board State Board181 of Education shall allot funds to local units of administration for transpo rtation costs for182 those students authorized by such local units of administration to attend schools and183 programs of other local units of administration.184 (h)(j) The State Board of Education shall adopt policies and regulations relative to vehicles185 used for the transportation of students with special needs.186 (i)(k) Notwithstanding the provisions of subsections (a) (b) through (h) (j) of this Code187 section, funds to pay the expenses of student transportation shall be paid to an independent188 school system only when requested by the board of education of such independent school189 system. Any funds for student transportation costs shall be spe cified by the board of190 education of the independent school system in its budget prepared pursuant to subsection191 (c) of Code Section 20-2-167 and, if not budgeted therein, no e xpenses for student192 transportation shall be payable to the independent school system for the fiscal year covered193 by such budget. No provision of this article shall be construe d to require the board of194 education of any independent school system to furnish student t ransportation services195 within such school system.196 (j)(l) The amount of funds needed by a local unit of administration during a fiscal year for197 sick and personal leave expenses of drivers of school bus drivers vehicles shall be198 determined by multiplying the number of school buses vehicles allotted to a local unit of199 administration pursuant to this Code section by a sum of money not less than $75.00. The200 H. B. 1094 - 8 - 26 LC 56 0433 State Board of Education shall have the authority to prescribe minimum requirements and201 standards for the distribution, use, and expenditure of funds allotted under this subsection."202 SECTION 4.203 Said chapter is further amended by adding a new Code section to read as follows:204 "20-2-1129.205 (a) The State Board of Education shall provide for the development and maintenance of206 a data base containing information related to school vehicles, as such term is defined in207 20-2-188, including, but not limited to, age, mileage, and fuel type.208 (b) The State Board of Education shall establish a state-wide vehicle replacement schedule209 for the purpose of assisting local units of administration in t he replacement of school210 vehicles over 12 years old and those over 200,000 miles.211 (c) Subject to appropriations by the General Assembly, the State Board of Education shall212 provide grants to local units of administration for the purpose of reimbursing expenditures213 related to school vehicles, as such term is defined in 20-2-188. Such covered expenditures214 shall be:215 (1) School vehicle purchase or lease;216 (2) Acquisition of GPS and safety camera systems;217 (3) Acquisition of ADA-compliant equipment; and218 (4) School vehicle clean fuel conversions.219 (d) The State Board of Education shall prioritize providing th e grants pursuant to220 subsection (c) of this Code section to local units of administration:221 (1) Operating school vehicles with an average age of 15 years or older;222 (2) Serving the highest rates of students with special needs; and223 (3) Serving students with the highest average distance to travel in school vehicles.224 (e) The State Board of Education shall establish criteria, implement an application process,225 and award grants consistent with the provisions of this Code section.226 H. B. 1094 - 9 - 26 LC 56 0433 (f) The State Board of Education shall be authorized to pursue federal funding227 opportunities and collaborations with private entities, nonprof it organizations, and228 philanthropic organizations to fund the grant program establish ed pursuant to this Code229 section."230 SECTION 5.231 All laws and parts of laws in conflict with this Act are repealed.232 H. B. 1094 - 10 -