AN ACT Relating to
student safety to and from school; amending RCW 28A.160.150, 28A.160.160, and
28A.160.180; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 28A.160.150 and 1990
c 33 s 141 are each amended to read as follows:
Funds allocated for
transportation costs shall be in addition to the basic education allocation.
The distribution formula developed in RCW 28A.160.150 through 28A.160.180 shall
be for allocation purposes only and shall not be construed as mandating
specific levels of pupil transportation services by local districts. Operating
costs as determined under RCW 28A.160.150 through 28A.160.180 shall be funded
at one hundred percent or as close thereto as reasonably possible for
transportation of an eligible student to and from school as defined in RCW
28A.160.160(3). In addition, funding shall be provided for transportation
services for students living within one radius mile from school as determined
under RCW 28A.160.180(2).
Sec. 2. RCW 28A.160.160 and 1995
c 77 s 17 are each amended to read as follows:
For purposes of RCW
28A.160.150 through 28A.160.190, except where the context shall clearly
indicate otherwise, the following definitions apply:
(1) "Eligible
student" means any student served by the transportation program of a
school district or compensated for individual transportation arrangements
authorized by RCW 28A.160.030 whose route stop is more than one radius mile
from the student's school, except if the student to be transported((: (a)))
is disabled under RCW 28A.155.020 and is either not ambulatory or not
capable of protecting his or her own welfare while traveling to or from the
school or agency where special education services are provided, in which case
no mileage distance restriction applies((; or (b) qualifies for an exemption
due to hazardous walking conditions)).
(2)
"Superintendent" means the superintendent of public instruction.
(3) "To and from
school" means the transportation of students for the following purposes:
(a) Transportation to
and from route stops and schools;
(b) Transportation to
and from schools pursuant to an interdistrict agreement pursuant to RCW
28A.335.160;
(c) Transportation of
students between schools and learning centers for instruction specifically
required by statute; and
(d) Transportation of
students with disabilities to and from schools and agencies for special
education services.
Extended day
transportation shall not be considered part of transportation of students
"to and from school" for the purposes of chapter 61, Laws of 1983 1st
ex. sess.
(4) (("Hazardous
walking conditions" means those instances of the existence of dangerous
walkways documented by the board of directors of a school district which meet
criteria specified in rules adopted by the superintendent of public
instruction. A school district that receives an exemption for hazardous
walking conditions should demonstrate that good faith efforts are being made to
alleviate the problem and that the district, in cooperation with other state
and local governing authorities, is attempting to reduce the incidence of
hazardous walking conditions. The superintendent of public instruction shall
appoint an advisory committee to prepare guidelines and procedures for
determining the existence of hazardous walking conditions. The committee shall
include but not be limited to representatives from law enforcement agencies,
school districts, the department of transportation, city and county government,
the insurance industry, parents, school directors and legislators.)) "Transportation
services" for students living within one radius mile from school means
school transportation services including the use of buses, funding of crossing
guards, and matching funds for local and state transportation projects intended
to mitigate hazardous walking conditions. Priority for transportation services
shall be given to students in grades kindergarten through five.
Sec. 3. RCW 28A.160.180 and 1995
c 77 s 18 are each amended to read as follows:
Each district's annual
student transportation allocation shall be based on differential rates
determined by the superintendent of public instruction in the following manner:
(1) The superintendent
shall annually calculate a standard student mile allocation rate for
determining the transportation allocation for those services provided for in
RCW 28A.160.150. "Standard student mile allocation rate," as used in
this chapter, means the per mile allocation rate for transporting an eligible
student. The standard student mile allocation rate may be adjusted to include
such additional differential factors as distance; restricted passenger load;
circumstances that require use of special types of transportation vehicles;
student with disabilities load; and small fleet maintenance. (2) For
transportation services for students living within one radius mile from school,
the allocation shall be based on the number of students in grades kindergarten
through five living within one radius mile as specified in the biennial
appropriations act.
(3) The
superintendent of public instruction shall annually calculate allocation
rate(s), which shall include vehicle amortization, for determining the
transportation allocation for transporting students in district-owned passenger
cars, as defined in RCW 46.04.382, pursuant to RCW 28A.160.010 for services
provided for in RCW 28A.160.150 if a school district deems it advisable to use
such vehicles after the school district board of directors has considered the
safety of the students being transported as well as the economy of utilizing a
district-owned passenger car in lieu of a school bus.
(((3))) (4)
Prior to June 1st of each year the superintendent shall submit to the office of
financial management, and the committees on education and ways and means of the
senate and house of representatives a report outlining the methodology and
rationale used in determining the allocation rates to be used the following
year.
NEW SECTION. Sec.
4. This act shall be effective
for school transportation programs in the 1996-97 school year and thereafter.
NEW SECTION. Sec.
5. If specific funding for
purposes of this act, referencing this act by bill or chapter number, is not
provided by June 30, 1996, in the supplemental omnibus appropriations act, this
act is null and void.
