2012 -- H 7343

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LC00986

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives Walsh, Valencia, and Kennedy

     Date Introduced: February 02, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-21-1 of the General Laws in Chapter 16-21 entitled "Health and

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Safety of Pupils" is hereby amended to read as follows:

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     16-21-1. Transportation of public and private school pupils. -- (a) The school

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committee of any town or city shall provide suitable transportation to and from school for pupils

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attending public and private schools of elementary and high school grades, except private schools

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that are operated for profit, who reside so far from the public or private school which the pupil

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attends as to make the pupil's regular attendance at school impractical and for any pupil whose

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regular attendance would otherwise be impracticable on account of physical disability or

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infirmity.

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      (b) For transportation provided to children enrolled in grades kindergarten through five

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(5), school bus monitors, other than the school bus driver, shall be required on all school bound

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and home bound routes. Variances to the requirement for a school bus monitor may shall be

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granted by the commissioner of elementary and secondary education if he or she finds that an

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alternative plan technology exists which provides substantially equivalent safety for children. For

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the purposes of this section a "school bus monitor" means any person sixteen (16) years of age or

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older.

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      (c) No school committee shall negotiate, extend, or renew any transportation contract

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unless such contract enables the district to participate in the statewide transportation system,

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without penalty to the district, upon implementation of the statewide transportation system

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described in RIGL sections 16-21.1-7 and 16-21.1-8. Notice of the implementation of the

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statewide transportation system for in-district transportation shall be provided in writing by the

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department of elementary and secondary education to the superintendent of each district upon

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implementation. Upon implementation of the statewide system of transportation for all students,

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each school committee shall purchase transportation services for their own resident students by

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accessing the statewide system on a fee-for-service basis for each student; provided, however,

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that any school committee that fulfills its transportation obligations primarily through the use of

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district-owned buses or district employees may continue to do so. Variances to the requirement

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for the purchase of transportation services through the statewide transportation system for non-

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public and non-shared routes may be granted by the commissioner of elementary and secondary

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education if the commissioner finds that an alternative system is more cost effective. All fees paid

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for transportation services provided to students under the statewide system shall be paid into a

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statewide student transportation services restricted receipt account within the department of

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elementary and secondary education. Payments from the account shall be limited to payments to

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the transportation service provider and transportation system consultants. This restricted receipt

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account shall not be subject to the indirect cost recoveries provisions set forth in section 35-4-27.

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     SECTION 2. This act shall take effect upon passage.

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LC00986

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

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     This act would allow local school districts the option of utilizing bus monitors or

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alternative technologies which provide equivalent safety for the children and must be approved

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by the commissioner of elementary and secondary education.

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     This act would take effect upon passage.

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LC00986

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