BILL REQ. #:  S-0437.1 

Read first time 01/18/11.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to the operation of student transportation programs; and amending RCW 28A.160.010 and 28A.225.270.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 28A.160.010 and 1990 c 33 s 132 are each amended to read as follows:
     (1) The operation of each local school district's student transportation program is declared to be the responsibility of the respective board of directors, and each board of directors shall determine such matters as which individual students shall be transported in accordance with subsection (2) of this section and what routes shall be most efficiently utilized. State moneys allocated to local districts for student transportation shall be spent only for student transportation activities, but need not be spent by the local district in the same manner as calculated and allocated by the state.
     (2) A school district is authorized to provide for the transportation of students ((enrolled in the school or schools of the district both in the case of students who reside within the boundaries of the district and of students who reside outside the boundaries of the district)). However, if a student attends a school outside his or her attendance area as designated by the school district, either within the boundaries of the district or outside the boundaries of the district, the school district shall charge the student an amount sufficient to reimburse the district for any extra mileage traveled, except where transportation is required to meet the following:
     (a) If the student to be transported is a child with a disability under RCW 28A.155.020 and is traveling to or from the school or agency where special education services are provided; or
     (b) Applicable federal law.
     (3) When children are transported from one school district to another the board of directors of the respective districts may enter into a written contract providing for a division of the cost of such transportation between the districts.
     (4) School districts may use school buses and drivers hired by the district or commercial chartered bus service for the transportation of school children and the school employees necessary for their supervision to and from any school activities within or without the school district during or after school hours and whether or not a required school activity, so long as the school board has officially designated it as a school activity. For any extra-curricular uses, the school board shall charge an amount sufficient to reimburse the district for its cost.
     (5) In addition to the right to contract for the use of buses provided in RCW 28A.160.080 and 28A.160.090, any school district may contract to furnish the use of school buses of that district to other users who are engaged in conducting an educational or recreational program supported wholly or in part by tax funds or programs for elderly persons at times when those buses are not needed by that district and under such terms as will fully reimburse such school district for all costs related or incident thereto: PROVIDED, HOWEVER, That no such use of school district buses shall be permitted except where other public or private transportation certificated or licensed by the Washington utilities and transportation commission is not reasonably available to the user: PROVIDED FURTHER, That no user shall be required to accept any charter bus for services which the user believes might place the health or safety of the children or elderly persons in jeopardy.
     (6)(a) Whenever any persons are transported by the school district in its own motor vehicles and by its own employees, the board may provide insurance to protect the district against loss, whether by reason of theft, fire or property damage to the motor vehicle or by reason of liability of the district to persons from the operation of such motor vehicle.
     (b) The board may provide insurance by contract purchase for payment of hospital and medical expenses for the benefit of persons injured while they are on, getting on, or getting off any vehicles enumerated herein without respect to any fault or liability on the part of the school district or operator. This insurance may be provided without cost to the persons notwithstanding the provisions of RCW 28A.400.350.
     (c) If the transportation of children or elderly persons is arranged for by contract of the district with some person, the board may require such contractor to procure such insurance as the board deems advisable.

Sec. 2   RCW 28A.225.270 and 2008 c 192 s 2 are each amended to read as follows:
     (1) Each school district in the state shall adopt and implement a policy allowing intradistrict enrollment options no later than June 30, 1990. Each district shall establish its own policy establishing standards on how the intradistrict enrollment options will be implemented. The policy shall include that the district may permit students enrolled in a school outside their attendance area as designated by the school district to ride a school bus or other student transportation vehicle to and from school, and that the district shall charge each student an amount sufficient to reimburse the district for any extra mileage traveled, except where transportation is required to meet the following:
     (a) If the student to be transported is a child with a disability under RCW 28A.155.020 and is traveling to or from the school or agency where special education services are provided; or
     (b) Applicable federal law.
     (2) A district shall permit the children of full-time certificated and classified school employees to enroll at:
     (a) The school to which the employee is assigned;
     (b) A school forming the district's K through 12 continuum which includes the school to which the employee is assigned; or
     (c) A school in the district that provides early intervention services pursuant to RCW 28A.155.065 or preschool services pursuant to RCW 28A.155.070, if the student is eligible for such services.
     (3) For the purposes of this section, "full-time employees" means employees who are employed for the full number of hours and days for their job description.