BILL REQ. #:  S-0083.5 

Read first time 01/11/2007.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to student transportation funding; amending RCW 28A.160.160 and 28A.160.170; creating a new section; and providing an effective date.

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

Sec. 1   RCW 28A.160.160 and 1996 c 279 s 2 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 using the shortest road mile from the student's school, except that no mileage restriction applies 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 for instructional activities necessary to basic education or federal requirements related to special education or no child left behind, or for homeless children; and
     (e) 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) "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.
     (5) As used in this section, "hazardous walking conditions" means those instances of the existence of dangerous walkways documented by the board of directors of a school district that meet criteria specified in rules adopted by the superintendent of public instruction.

Sec. 2   RCW 28A.160.170 and 1990 c 33 s 143 are each amended to read as follows:
     Each district shall submit to the superintendent of public instruction during October of each year a report containing the following:
     (1)(a) The number of eligible students transported to and from school as provided for in RCW 28A.160.150 for the current school year and the number of miles estimated to be driven for pupil transportation services, along with a map describing student route stop locations and school locations, and (b) the number of miles driven for pupil transportation services as authorized in RCW 28A.160.150 the previous school year; and
     (2) Other operational data and descriptions as required by the superintendent to determine allocation requirements for each district. The superintendent shall require that districts separate the costs of operating the program for the transportation of eligible students to and from school as defined by RCW 28A.160.160(3) from non-to-and-from-school pupil transportation costs in the annual financial statement.
     Each district shall submit the information required in this section on a timely basis as a condition of the continuing receipt of school transportation moneys.

NEW SECTION.  Sec. 3   (1) The office of the superintendent of public instruction shall develop two options for a student transportation funding methodology that, as a first priority, reflects actual costs and builds incentives for the efficient use of resources. As a secondary priority, the office of the superintendent of public instruction shall, to the extent possible, develop a formula that provides school districts with predictable levels of funding.
     (2) By December 1, 2007, the office of the superintendent of public instruction shall report to the education and fiscal committees of the legislature with recommendations and any accompanying legislation to implement the funding methodology in subsection (1) of this section.

NEW SECTION.  Sec. 4   Sections 1 and 2 of this act take effect September 1, 2007.