2012 -- H 7567

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LC01106

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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 Tanzi, Walsh, Blazejewski, and O`Neill

     Date Introduced: February 15, 2012

     Referred To: House Municipal Government

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. Provided, that effective August 31, 2012, school committees may assess and collect a

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charge for transportation services from pupils and/or the parent and/or guardian of such pupils,

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who attend and seek transportation to private schools, unless the transportation is required under

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other state and/or federal law. The charges assessed shall be reasonably apportioned to reflect the

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actual additional costs incurred by the school committee and/or the municipality in providing the

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transportation of the pupil to the private schools. In the event such charges are lawfully assessed

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but are not paid, and the pupil involved is not otherwise entitled to free transportation under other

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state and/or federal law, the school committee and/or the municipality shall not be obligated to

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provide transportation and, if applicable, may discontinue providing such transportation to any

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said pupil(s).

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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 be granted by

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

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plan provides substantially equivalent safety for children. For the purposes of this section a

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"school bus monitor" means any person sixteen (16) years of age or 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. Section 16-21.1-8 of the General Laws in Chapter 16-21.1 entitled

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"Transportation of School Pupils Beyond City and Town Limits" is hereby amended to read as

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follows:

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     16-21.1-8. Statewide transportation system for all students. -- (a) Notwithstanding the

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regional structure created in this chapter, and upon implementation of a statewide school

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transportation system for all students, each school committee shall purchase the transportation

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services for their own resident students by accessing this integrated statewide system of

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transportation on a fee-for-service basis for each child; provided, however, that any school

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committee that fulfills its transportation obligations predominantly through the use of district-

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owned buses or district employees may apply for a variance from the commissioner of education,

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or the commissioner's designee, thereby requesting that its transportation obligations continue to

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be achieved through the use of the buses owned by the district and staffed by district employees.

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All fees paid for transportation services provided to students under the statewide system shall be

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paid into a statewide student transportation services restricted receipt account within the

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

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payments to the transportation service provider and transportation system consultants. This

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restricted receipt account shall not be subject to the indirect cost recoveries provisions set forth in

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section 35-4-27. The goals of the statewide system of transportation for all students shall be the

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reduction of duplication of cost and routes in transporting children from the various cities and

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towns using different buses within and between each city and town, the improvement of services

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to children through the development of shorter ride times and more efficient routes of travel, and

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the reduction of cost to local school committees through achieving efficiency in eliminating the

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need for each school district to contract for and provide these transportation services separately.

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     Provided, that effective August 31, 2012, unless otherwise required under state or federal

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law, the statewide school transportation system shall provide that school committees and/or

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municipalities shall be able to charge an assessment for transportation costs to students who

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attend and seek transportation to private schools. The system shall also provide that the charges

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assessed shall be reasonably apportioned to reflect the actual additional costs incurred by the

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school committee and/or the municipality in providing the transportation of the pupil to the

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private schools. In the event such charges are lawfully assessed but are not paid, and the pupil

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involved is not otherwise entitled to free transportation under other state and/or federal law, the

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school committee and/or the municipality shall not be obligated to provide transportation and, if

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applicable, may discontinue providing such transportation to any said pupil(s).

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      (b) There shall be deducted from the final aid payment to each school district any

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amounts owed to the state at the end of the fiscal year for transportation of the district's students

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under the statewide transportation system established pursuant to this section. Districts shall

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receive monthly invoices summarizing the basis of the transportation fees charged. Any such

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deductions in aid shall be transferred to the statewide student transportation services restricted

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receipt account, as set forth in R.I.G.L. section 35-4-27.

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     SECTION 3. This act shall take effect upon passage.

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LC01106

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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 enable school committees and/or municipalities to charge a student and/or

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the student’s parent or guardian for providing transportation services to private schools.

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     This act would take effect upon passage.

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LC01106

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