Bill Text: PA SB146 | 2009-2010 | Regular Session | Introduced

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Bill Title: In pupils and attendance and in reimbursements by Commonwealth and between school districts, providing for consideration of the residences of registered sex offenders by the Department of Transportation in evaluating the hazards to child safety in walking to school.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-01-30 - Referred to EDUCATION [SB146 Detail]

Download: Pennsylvania-2009-SB146-Introduced.html

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PRINTER'S NO. 116
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 146 Session of2009
INTRODUCED BY GREENLEAF, KITCHEN, BROWNE, O'PAKE, RAFFERTY, STACK AND PIPPY, JANUARY 30, 2009
REFERRED TO EDUCATION, JANUARY 30, 2009
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance and in
reimbursements by Commonwealth and between school districts,
providing for consideration of the residences of registered
sex offenders by the Department of Transportation in
evaluating the hazards to child safety in walking to school.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1362 of the act of March 10, 1949 (P.L.
30, No.14), known as the Public School Code of 1949, amended
November 20, 1979 (P.L.465, No.97), is amended to read:
Section 1362. Kinds of Transportation; Liability
Insurance.--The free transportation of pupils, as required or
authorized by this act, or any other act, may be furnished by
using either school conveyances, private conveyances, or
electric railways, or other common carriers, when the total
distance which any pupil must travel by the public highway to or
from school, in addition to such transportation, does not exceed
one and one-half (1 1/2) miles, and when stations or other
proper shelters are provided for the use of such pupils where
needed, and when the highway, road, or traffic conditions are
not such that walking constitutes a hazard to the safety of the
child, as so certified by the Department of Transportation. The
Department of Transportation shall take into account the
presence of sidewalks along the highway and the residences of
registered sex offenders as provided by the Pennsylvania State
Police, but such presence or lack thereof shall not be
controlling and the department shall consider all relevant
safety factors in making its determination as to whether or not
walking constitutes a hazard to pupils. All private motor
vehicles employed in transporting pupils for hire shall be
adequately covered by public liability insurance in such amount
as the board of school directors shall require.
Section 2. Section 2541(b)(1), (2), (4) and (7) and (c)(1),
(2) and (3) of the act, amended November 20, 1979 (P.L.465, No.
97), are amended and the section is amended by adding
subsections to read:
Section 2541. Payments on Account of Pupil Transportation.--* * *
(b) Such payments for pupil transportation shall be made in
the following cases:
(1) To school districts of the fourth class and districts of
the third class which are located wholly within the boundary
lines of a township, or within the boundary lines of a borough
which has a population of less than five hundred (500)
inhabitants to the square mile, to districts of the third class
operating schools jointly with districts of the fourth class or
with other districts of the third class entitled to payment on
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account of transportation to merged or union school districts in
which one or more of the component districts were heretofore
eligible for reimbursement on account of transportation to new
school districts composed of two or more former school districts
established as a result of reorganization of school districts
pursuant to Article II., subdivision (i) of this act and to
school districts which were eligible heretofore for
reimbursement on account of transportation, for the
transportation of elementary school pupils residing within any
part of the district last served by any elementary school closed
since the first Monday of July, one thousand nine hundred seven,
or within a district all of whose schools have been closed, or
who are assigned to a training school of a State college, and in
each case who reside one and one-half (1 1/2) miles or more from
the school to which they are assigned or who reside in areas
where the road or traffic conditions are such that walking
constitutes a hazard to the safety of the child when so
certified by the Department of Transportation. The Department of
Transportation shall take into account the presence of sidewalks
along the highway and the residences of registered sex offenders
as provided by the Pennsylvania State Police, but such presence
or lack thereof shall not be controlling and the department
shall consider all relevant safety factors in making its
determination as to whether or not walking constitutes a hazard
to pupils.
(2) To school districts of the fourth class and districts of
the third class which are located wholly within the boundary
lines of a township, or within the boundary lines of a borough
which has a population of less than five hundred (500)
inhabitants to the square mile, to merged or union school
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districts in which one or more of the component districts were
heretofore eligible for reimbursement on account of
transportation to new school districts composed of two or more
former school districts established as a result of
reorganization of school districts pursuant to Article II.,
subdivision (i) of this act and to school districts which were
eligible heretofore for reimbursement on account of
transportation, for the transportation of any child living more
than two (2) miles by the nearest public highway from the
nearest school in session, or any child who resides in an area
where the road or traffic conditions are such that walking
constitutes a hazard to the safety of the child when so
certified by the Bureau of Traffic Safety, and to districts of
the third class operating schools jointly with districts of the
fourth class or with other districts of the third class entitled
to payment on account of transportation for the transportation
of any child living more than two (2) miles by the nearest
public highway from the nearest jointly operated school in
session offering the proper grades including pupils who are
attending area technical schools or any child who resides in an
area where the road or traffic conditions are such that walking
constitutes a hazard to the safety of the child when so
certified by the Department of Transportation. The Department of
Transportation shall take into account the presence of sidewalks
along the highway and the residences of registered sex offenders
as provided by the Pennsylvania State Police, but such presence
or lack thereof shall not be controlling and the department
shall consider all relevant safety factors in making its
determination as to whether or not walking constitutes a hazard
to pupils.
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* * *
(4) To all third and fourth class school districts, for
pupils transported to and from approved consolidated schools or
approved joint consolidated schools living one and one-half
miles or more from the school of attendance or residing in areas
where the road or traffic conditions are such that walking
constitutes a hazard to the safety of the child when so
certified by the Department of Transportation. The Department of
Transportation shall take into account the presence of sidewalks
along the highway and the residences of registered sex offenders
as provided by the Pennsylvania State Police, but such presence
or lack thereof shall not be controlling and the department
shall consider all relevant safety factors in making its
determination as to whether or not walking constitutes a hazard
to pupils.
Consolidated schools or joint consolidated schools shall so
long as they are approved by the Secretary of Education as to
organization, control, location, equipment, courses of study,
qualifications of teachers, methods of instruction, condition of
admission, expenditures of money, methods and means of
transportation and the contracts providing therefor, constitute
approved consolidated schools or approved joint consolidated
schools.
* * *
(7) To all school districts, for the transportation of
nonresident children who are placed in the home of a resident,
or who are inmates of an orphan asylum or home or a children's
home or other institution for the care and training of orphans
or other children, and who attend the public schools, and who
live two miles or more from the nearest school with the proper
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grades or residing in areas where the road or traffic conditions
are such that walking constitutes a hazard to the safety of the
child when so certified by the Department of Transportation. The
Department of Transportation shall take into account the
presence of sidewalks along the highway and the residences of
registered sex offenders as provided by the Pennsylvania State
Police, but such presence or lack thereof shall not be
controlling and the department shall consider all relevant
safety factors in making its determination as to whether or not
walking constitutes a hazard to pupils.
(c) Payments for pupil transportation on account of the
school year 1979-1980 and every school year thereafter shall be
made only in the following cases:
(1) To all school districts for the transportation to and
from school of elementary school pupils, including kindergarten
pupils, residing one and one-half (1 1/2) miles or more by the
nearest public highway from the school in which the pupils are
enrolled and to which transportation is authorized under section
1361 of this act or residing in areas where the road or traffic
conditions are such that walking constitutes a hazard to the
safety of the child when so certified by the Department of
Transportation. The Department of Transportation shall take into
account the presence of sidewalks along the highway and the
residences of registered sex offenders as provided by the
Pennsylvania State Police, but such presence or lack thereof
shall not be controlling and the department shall consider all
relevant safety factors in making its determination as to
whether or not walking constitutes a hazard to pupils. Such
elementary school pupils shall include nonresident children who
are placed in the home of a resident, or who are residents of an
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orphanage, or home or children's home or other institution for
the care and training of orphans or other children.
(2) To all school districts for the transportation to and
from school of secondary school pupils residing two (2) miles or
more by the nearest public highway from the school in which the
pupils are enrolled and to which transportation is authorized
under section 1361 of this act or residing in areas where the
road or traffic conditions are such that walking constitutes a
hazard to the safety of the child when so certified by the
Department of Transportation. The Department of Transportation
shall take into account the presence of sidewalks along the
highway and the residences of registered sex offenders as
provided by the Pennsylvania State Police, but such presence or
lack thereof shall not be controlling and the department shall
consider all relevant safety factors in making its determination
as to whether or not walking constitutes a hazard to pupils.
Such secondary school pupils shall include nonresident children
who are placed in the home of a resident, or who are inmates of
an orphan asylum or home or children's home or other institution
for the care and training of orphans or other children.
(3) To all school districts for pupils transported to and
from approved consolidated schools or approved joint
consolidated schools living one and one-half (1 1/2) miles or
more from the school of attendance or residing in areas where
the road or traffic conditions are such that walking constitutes
a hazard to the safety of the child when so certified by the
Department of Transportation. The Department of Transportation
shall take into account the presence of sidewalks along the
highway and the residences of registered sex offenders as
provided by the Pennsylvania State Police, but such presence or
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lack thereof shall not be controlling and the department shall
consider all relevant safety factors in making its determination
as to whether or not walking constitutes a hazard to pupils.
Consolidated schools or joint consolidated schools shall so
long as they are approved as to organization, control, location,
equipment, courses of study, qualifications of teachers, methods
of instruction, condition of admission, expenditures of money,
methods and means of transportation and the contracts providing
therefor, constitute approved consolidated schools or approved
joint consolidated schools.
* * *
(g) The Pennsylvania State Police shall provide the
Department of Transportation the full home addresses of
registered sex offenders kept pursuant to 42 Pa.C.S. § 9799.1
(relating to duties of Pennsylvania State Police), the nature of
the sex offenders' sexual offenses and their criminal history.
The Department of Transportation shall use the full home
addresses of registered sex offenders kept pursuant to 42
Pa.C.S. § 9799.1 only for the purpose of determining whether
conditions are such that walking to school presents too great a
hazard to child safety under section 1362 and this section.
(h) In taking into account the presence of the residences of
registered sex offenders as provided by the Pennsylvania State
Police for the sole purpose of determining whether conditions
are such that walking to school presents too great a hazard to
child safety under section 1362 and this section, the Department
of Transportation's consideration shall include, but not be
limited to, the nature of the sex offenders' sexual offenses,
the sex offenders' criminal history and the proximity of the sex
offenders' residences to the pupil walking route. After
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examining these factors and any other factors deemed necessary
by the Department of Transportation, the Department of
Transportation shall have the discretion to determine whether
conditions are such that walking to school presents too great a
hazard to child safety under section 1362 and this section.
Section 3. This act shall take effect immediately.
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