Bill Text: OH HB21 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To permit a school district to surrender the transportation of its resident high school students attending community schools to those community schools.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Introduced - Dead) 2009-02-18 - To Education [HB21 Detail]
Download: Ohio-2009-HB21-Introduced.html
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Representative Luckie
Cosponsors:
Representatives Phillips, Harwood, Williams, B., Murray, Foley, Lehner, Jones, Yuko, Harris
To amend sections 3314.09 and 3327.01 and to enact | 1 |
section 3314.092 of the Revised Code to permit a | 2 |
school district to surrender the transportation of | 3 |
its resident high school students attending | 4 |
community schools to those community schools. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.09 and 3327.01 be amended and | 6 |
section 3314.092 of the Revised Code be enacted to read as | 7 |
follows: | 8 |
Sec. 3314.09.
(A) As used in this section
and | 9 |
sections 3314.091 and 3314.092 of the Revised Code, "native | 10 |
student" means a student entitled to attend school in the school | 11 |
district under section 3313.64 or 3313.65 of the Revised Code. | 12 |
(B) Except as provided in section 3314.091 or 3314.092 of the | 13 |
Revised Code, the board of education of each city, local, and | 14 |
exempted village school district shall provide transportation to | 15 |
and from school for its district's native students in accordance | 16 |
with section 3327.01 of the Revised Code. | 17 |
Sec. 3314.092. (A)(1) A school district board of education | 18 |
may surrender the transportation of all native high school | 19 |
students enrolled in community schools, in lieu of the district | 20 |
transporting those students pursuant to sections 3314.09 and | 21 |
3327.01 of the Revised Code, if the board, not later than the | 22 |
first day of June of the school year prior to the school year for | 23 |
which the surrender is effective, submits a written notice of the | 24 |
surrender to the governing authority of each community school in | 25 |
which those native high school students are enrolled. The notice | 26 |
shall state that the district is planning to transport high school | 27 |
students during the next school year but is surrendering to the | 28 |
community school the transportation of its native high school | 29 |
students enrolled in the community school for that school year, | 30 |
and that the community school may apply to the department of | 31 |
education for funding for transporting those students or for | 32 |
arranging for their transportation. The surrender notice shall be | 33 |
valid for one school year and may be renewed each subsequent | 34 |
school year by a notice of renewal submitted in the same manner | 35 |
as the original surrender notice. If the district board submits a | 36 |
surrender or renewal notice in accordance with this section, the | 37 |
district is not required to provide transportation for its native | 38 |
high school students who are enrolled in the community school | 39 |
even though it provides transportation to its other native high | 40 |
school students. The surrender or renewal notice does not apply | 41 |
to students in grades kindergarten to eight whom the district is | 42 |
required to transport under sections 3314.09 and 3327.01 of the | 43 |
Revised Code. | 44 |
(2) A surrender or renewal notice under this section shall | 45 |
not apply either to any community school that has entered into an | 46 |
agreement with the school district under division (A) of section | 47 |
3314.091 of the Revised Code for any school year for which the | 48 |
agreement is valid or to any community school that has accepted | 49 |
the district's transportation responsibility under division (B) of | 50 |
that section for any school year for which that acceptance of | 51 |
responsibility is valid. | 52 |
(B) The governing authority of a community school that | 53 |
receives a surrender notice under this section may provide or | 54 |
arrange transportation for high school students enrolled in the | 55 |
school who would otherwise be transported by the school district | 56 |
in which the students are entitled to attend school under that | 57 |
district's transportation policy, for which the governing | 58 |
authority may apply to the department for funding under division | 59 |
(C) of this section. The governing authority shall not charge a | 60 |
fee to any student for transportation for which the governing | 61 |
authority receives a payment under division (C) of this section. | 62 |
As used in this section, "entitled to attend school" means | 63 |
entitled to attend school under section 3313.64 or 3313.65 of the | 64 |
Revised Code. | 65 |
(C)(1) If a community school governing authority transports | 66 |
or arranges transportation for high school students under this | 67 |
section, the department shall make payments to the community | 68 |
school for each student actually transported or for whom | 69 |
transportation is arranged by the community school, calculated as | 70 |
follows: | 71 |
(a) For any fiscal year which the general assembly has | 72 |
specified that transportation payments to school districts be | 73 |
based on an across-the-board percentage of the district's payment | 74 |
for the previous school year, the per pupil payment to the | 75 |
community school shall be the following quotient: | 76 |
(i) The total amount calculated for the school district in | 77 |
which the child is entitled to attend school for student | 78 |
transportation other than transportation of children with | 79 |
disabilities; divided by | 80 |
(ii) The number of students included in the district's | 81 |
transportation ADM for the current fiscal year, as reported under | 82 |
division (B)(13) of section 3317.03 of the Revised Code, plus the | 83 |
number of students enrolled in the community school not counted in | 84 |
the district's transportation ADM who are transported under this | 85 |
section. | 86 |
(b) For any fiscal year which the general assembly has | 87 |
specified that the transportation payments to school districts be | 88 |
calculated in accordance with division (D) of section 3317.022 of | 89 |
the Revised Code and any rules of the state board of education | 90 |
implementing that division, the payment to the community school | 91 |
shall be the amount so calculated that otherwise would be paid to | 92 |
the school district in which the student is entitled to attend | 93 |
school by the method of transportation the district would have | 94 |
used. The community school, however, is not required to use the | 95 |
same method to transport that student. | 96 |
(2) The department shall deduct the payment under division | 97 |
(C)(1) of this section from the state education aid, as defined in | 98 |
section 3314.08 of the Revised Code, and, if necessary, the | 99 |
payment under sections 321.14 and 323.156 of the Revised Code, | 100 |
that is otherwise paid to the school district in which the student | 101 |
enrolled in the community school is entitled to attend school. The | 102 |
department shall include the number of the district's native | 103 |
students for whom payment is made to a community school under | 104 |
division (C)(1) of this section in the calculation of the | 105 |
district's transportation payment under division (D) of section | 106 |
3317.022 of the Revised Code and the operating appropriations act. | 107 |
(3) A community school shall be paid under division (C)(1) of | 108 |
this section only for students whose transportation to and from | 109 |
school is actually provided, who actually utilized transportation | 110 |
arranged, or for whom a payment in lieu of transportation is made | 111 |
by the community school's governing authority. To qualify for the | 112 |
payments, the community school shall report to the department, in | 113 |
the form and manner required by the department, data on the number | 114 |
of students transported or whose transportation is arranged, the | 115 |
number of miles traveled, cost to transport, and any other | 116 |
information requested by the department. | 117 |
(4) A community school shall use payments received under this | 118 |
section solely to pay the costs of providing or arranging for the | 119 |
transportation of students who are eligible as specified in | 120 |
section 3327.01 of the Revised Code and this section, which may | 121 |
include payments to a parent, guardian, or other person in charge | 122 |
of a child in lieu of transportation. | 123 |
(D) Except when arranged through payment to a parent, | 124 |
guardian, or person in charge of a child, transportation provided | 125 |
or arranged for by a community school under this section is | 126 |
subject to all provisions of the Revised Code, and all rules | 127 |
adopted under the Revised Code, pertaining to the construction, | 128 |
design, equipment, and operation of school buses and other | 129 |
vehicles transporting students to and from school. The drivers and | 130 |
mechanics of the vehicles are subject to all provisions of the | 131 |
Revised Code, and all rules adopted under the Revised Code, | 132 |
pertaining to drivers and mechanics of such vehicles. The | 133 |
community school also shall comply with sections 3313.201, | 134 |
3327.02, 3327.09, and 3327.10 of the Revised Code as if it were a | 135 |
school district. | 136 |
Sec. 3327.01. Notwithstanding division (D) of section | 137 |
3311.19 and division (D) of section 3311.52 of the Revised Code, | 138 |
this section and sections 3327.011, 3327.012, and 3327.02 of the | 139 |
Revised Code do not apply to any joint vocational or cooperative | 140 |
education school district. | 141 |
In all city, local, and exempted village school districts | 142 |
where resident school pupils in grades kindergarten through eight | 143 |
live more than two miles from the school for which the state board | 144 |
of education prescribes minimum standards pursuant to division (D) | 145 |
of section 3301.07 of the Revised Code and to which they are | 146 |
assigned by the board of education of the district of residence or | 147 |
to and from the nonpublic or community school which they attend | 148 |
the board of education shall provide transportation for such | 149 |
pupils to and from such school except as provided in section | 150 |
3327.02 of the Revised Code. | 151 |
In all city, local, and exempted village school districts | 152 |
where pupil transportation is required under a career-technical | 153 |
plan approved by the state board of education under section | 154 |
3313.90 of the Revised Code, for any student attending a | 155 |
career-technical program operated by another school district, | 156 |
including a joint vocational school district, as prescribed under | 157 |
that section, the board of education of the student's district of | 158 |
residence shall provide transportation from the public high school | 159 |
operated by that district to which the student is assigned to the | 160 |
career-technical program. | 161 |
In all city, local, and exempted village school districts the | 162 |
board may provide transportation for resident school pupils in | 163 |
grades nine through twelve to and from the high school to which | 164 |
they are assigned by the board of education of the district of | 165 |
residence or to and from the nonpublic or community high school | 166 |
which they attend for which the state board of education | 167 |
prescribes minimum standards pursuant to division (D) of section | 168 |
3301.07 of the Revised Code. However, a school district board need | 169 |
not transport resident community high school pupils when the board | 170 |
otherwise has elected to transport high school pupils under this | 171 |
paragraph, as long as it has surrendered transportation of | 172 |
community high school pupils to the community schools in which | 173 |
they are enrolled in accordance with section 3314.092 of the | 174 |
Revised Code. | 175 |
A board of education shall not be required to transport | 176 |
elementary or high school pupils to and from a nonpublic or | 177 |
community school where such transportation would require more than | 178 |
thirty minutes of direct travel time as measured by school bus | 179 |
from the public school building to which the pupils would be | 180 |
assigned if attending the public school designated by the district | 181 |
of residence. | 182 |
Where it is impractical to transport a pupil by school | 183 |
conveyance, a board of education may offer payment, in lieu of | 184 |
providing such transportation in accordance with section 3327.02 | 185 |
of the Revised Code. | 186 |
In all city, local, and exempted village school districts the | 187 |
board shall provide transportation for all children who are so | 188 |
disabled that they are unable to walk to and from the school for | 189 |
which the state board of education prescribes minimum standards | 190 |
pursuant to division (D) of section 3301.07 of the Revised Code | 191 |
and which they attend. In case of dispute whether the child is | 192 |
able to walk to and from the school, the health commissioner shall | 193 |
be the judge of such ability. In all city, exempted village, and | 194 |
local school districts the board shall provide transportation to | 195 |
and from school or special education classes for educable mentally | 196 |
retarded children in accordance with standards adopted by the | 197 |
state board of education. | 198 |
When transportation of pupils is provided the conveyance | 199 |
shall be run on a time schedule that shall be adopted and put in | 200 |
force by the board not later than ten days after the beginning of | 201 |
the school term. | 202 |
The cost of any transportation service authorized by this | 203 |
section shall be paid first out of federal funds, if any, | 204 |
available for the purpose of pupil transportation, and secondly | 205 |
out of state appropriations, in accordance with regulations | 206 |
adopted by the state board of education. | 207 |
No transportation of any pupils shall be provided by any | 208 |
board of education to or from any school which in the selection of | 209 |
pupils, faculty members, or employees, practices discrimination | 210 |
against any person on the grounds of race, color, religion, or | 211 |
national origin. | 212 |
Section 2. That existing sections 3314.09 and 3327.01 of the | 213 |
Revised Code are hereby repealed. | 214 |