2023 -- H 5473

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LC000373

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives Tanzi, McGaw, Cortvriend, Spears, Cotter, and Donovan

     Date Introduced: February 08, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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

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

     16-21-1. Transportation of public and private school pupils.

     (a) The school committee of any town or city shall provide suitable transportation, that may

include, but is not limited to, pupil transportation vehicles as defined in § 31-22.1-1, to and from

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

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

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

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

infirmity. Provided, effective July 1, 2023, the costs to the school committees for providing the

transportation services required by this section shall be reimbursed to the appropriate school

committees by the state.

     (1) The school committee of any town or city using a pupil transportation vehicle as defined

in § 31-22.1-1 shall comply with the requirements of subsection (b) of this section, notwithstanding

the provisions of § 31-22.1-3(6).

     (b) For transportation provided to children enrolled in grades kindergarten through five (5),

school bus monitors, other than the school bus driver, shall be required on all school-bound and

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

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

provides substantially equivalent safety for children. For the purposes of this section a “school bus

monitor” means any person sixteen (16) years of age or older.

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

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

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

described in §§ 16-21.1-7 [repealed] and 16-21.1-8. Notice of the implementation of the statewide

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

of elementary and secondary education to the superintendent of each district upon implementation.

Upon implementation of the statewide system of transportation for all students, each school

committee shall purchase transportation services for its own resident students by accessing the

statewide system on a fee-for-service basis for each student; provided, however, that any school

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

buses or district employees may continue to do so. Variances to the requirement for the purchase

of transportation services through the statewide transportation system for non-public and non-

shared routes may be granted by the commissioner of elementary and secondary education if the

commissioner finds that an alternative system is more cost effective. All fees paid for transportation

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

transportation services restricted receipt account within the department of elementary and

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

service provider and transportation system consultants. This restricted receipt account shall not be

subject to the indirect cost recoveries provisions set forth in § 35-4-27.

     (d) No school committee shall negotiate, extend, or renew any school transportation service

contract unless the contract provides for payments to school bus drivers, attendants, monitors, and

aides for one hundred and eighty (180) days or the length of the contracted-for school year,

whichever is longer.

     (e) With respect to any contract entered into under this section, a school committee or local

education agency shall give a preference in contract and/or subcontract awards to the public

transportation provider that uses electric buses to the greatest extent. This preference shall be given

equal weight to any other preferences available to vendors.

     (f) With respect to any contract entered into under this section, no school committee or

local education agency (“LEA”) shall take any adverse disciplinary action against any school bus

driver, attendant, monitor, or aide covered by a collective bargaining agreement prior to any

investigation or action taken by the contracting entity as provided for in the collective bargaining

agreement. Nor shall the school committee or LEA impose discipline in excess of what is provided

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for in the governing collective bargaining agreement.

     SECTION 2. This act shall take effect upon passage.

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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 provide that the state would reimburse the school committees for the costs

of providing student transportation to public and private school pupils.

     This act would take effect upon passage.

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