2012 -- H 8074

=======

LC02387

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives Tanzi, Walsh, O`Neill, McLaughlin, and Blazejewski

     Date Introduced: April 24, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

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

1-4

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

1-5

pupils attending public and nonprofit private schools of elementary and high school grades,

1-6

except private schools that are operated for profit, who reside so far from the public or private

1-7

school which the pupil attends as to make the pupil's regular attendance at school impractical and

1-8

for any pupil whose regular attendance would otherwise be impracticable on account of physical

1-9

disability or infirmity.

1-10

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

1-11

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

1-12

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

1-13

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

1-14

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

1-15

"school bus monitor" means any person sixteen (16) years of age or older.

1-16

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

1-17

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

1-18

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

1-19

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

1-20

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

2-1

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

2-2

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

2-3

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

2-4

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

2-5

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

2-6

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

2-7

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

2-8

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

2-9

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

2-10

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

2-11

statewide student transportation services restricted receipt account within the department of

2-12

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

2-13

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

2-14

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

2-15

     SECTION 2. This act shall take effect upon passage.

=======

LC02387

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

***

3-1

     This act would relieve municipalities from the mandatory obligation of providing suitable

3-2

transportation for pupils of nonprofit private schools.

3-3

     This act would take effect upon passage.

=======

LC02387

=======