SENATE BILL REPORT
SB 5174
As of February 23, 2023
Title: An act relating to providing adequate and predictable student transportation.
Brief Description: Providing adequate and predictable student transportation.
Sponsors: Senators Wellman, Conway, Dhingra, Frame, Hunt, Kuderer, Lovelett, Rolfes, Valdez, Warnick and Wilson, C.; by request of Superintendent of Public Instruction.
Brief History:
Committee Activity: Early Learning & K-12 Education: 1/12/23.
Brief Summary of Bill
  • Modifies the student transportation allocation formula and establishes related audit, reporting, and data collection requirements.
  • Provides 100 percent reimbursement to school districts for transportation expenditures attributable to serving students in distinct passenger categories.
  • Expands the definition of "to and from school" to include the transportation of students participating in career connected and work-based learning opportunities.
  • Requires the Office of the Superintendent of Public Instruction to provide an analysis of school district transportation costs and allocations to the Legislature by June 1, 2026.
  • Repeals the Transportation Alternate Funding Grant Program.
SENATE COMMITTEE ON EARLY LEARNING & K-12 EDUCATION
Staff: Alexandra Fairfortune (786-7416)
Background:

State Funding Formulas for Pupil Transportation.  The state's statutory program of basic education includes transportation to and from school for eligible students, including transportation of students for special education services and between schools and learning centers.

To provide transportation allocations to school districts, the Office of the Superintendent of Public Instruction (OSPI) uses the Student Transportation Allocation Reporting System (STARS), which is a regression formula that uses prior year expenditures, student passenger counts, and district characteristics to calculate the expected costs of to and from transportation.  The STARS formula result is then compared to the district's allowable transportation expenditures from the prior year.  The school district receives the lesser of the two calculated amounts, plus any compensation adjustments provided in the operating budget.
 
The 2022 Supplemental Operating Budget appropriated $13 million for fiscal year 2023 for OSPI to provide transportation safety net funding to school districts with a demonstrated need for additional transportation funding for special passengers.
 
Federal Requirements for Homeless and Foster Student Transportation.  Federal laws include requirements for student transportation of homeless students and students in foster care, including transportation to and from a student's school of origin upon request and when it is in the child's best interest.

The federal McKinney-Vento Homeless Education Assistance Act (McKinney-Vento Act) defines "homeless children and youths" to mean individuals who lack a fixed, regular, and adequate nighttime residence.  Under the McKinney-Vento Act, homeless children are entitled to receive transportation comparable to what is available to non-homeless students. 
 
The federal Every Student Succeeds Act includes requirements for school districts to develop procedures that address how transportation to the schools of origin for children in foster care will be provided, arranged, and funded.

In cases where a student is living outside the school district where a school of origin is located, multiple school districts and child welfare agencies may coordinate in determining a method of transportation and arrangements to share costs.
 
Transportation Alternate Funding Grant Program.  The Transportation Alternate Funding Grant Program provides grant awards to school districts in addition to the STARS formula allocation.  As part of the award process for the grants, OSPI must review school districts' efficiency ratings, key performance indicators, and other characteristics, such as unique geographic constraints, low enrollment, geographic density of students, the percentage of students served under the McKinney-Vento Act from outside the district, or whether a district is a non-high school district.

Summary of Bill:

The bill as referred to committee not considered.

Summary of Bill (Proposed Substitute):

To and From School.  The definition of "to and from school" is changed to include the transportation of students participating in career connected and work-based learning opportunities as defined by the Superintendent of Public Instruction, and the transportation of students included in distinct passenger categories.


Student Transportation Allocation Formula.  The student transportation allocation formula is modified in the following ways:

 

Formula Factors.  Two factors used in the formula are removed—average distance to school, and number of locations served.  Two new factors are added—total sum of miles driven, and factors necessary to address transportation challenges faced by rural and high population density urban school districts.

 

Lesser Of Provision Removed.  Under the new formula, school districts receive the STARS formula result, rather than the lesser of the STARS formula result or the district's allowable transportation expenditures from the prior year.


Repeal of Prior Distribution Formula.  Language referencing the development, revision, adjustment, and phase-in of the prior distribution formula is repealed.


Distinct Passenger Categories.  Beginning in the 2024-25 school year, the Superintendent of Public Instruction must reimburse school districts on a monthly basis for 100 percent of the transportation expenditures attributable to serving students in distinct passenger categories.  These reimbursed services must be excluded when calculating the general transportation allocation under the formula.


Distinct passenger categories include:

  • students who require special transportation services as documents in an approved individualized education program;
  • students who meet the definition of homeless where transportation is required by the McKinney-Vento Act or other federal requirements;
  • students who are in foster care where transportation is required outside of the normal school district boundary; and
  • students attending skill centers.

 

School districts must submit claims for reimbursement monthly on a schedule determined by the Superintendent of Public Instruction that is consistent with the methods used to reimburse school districts for costs in other reimbursement-based categorical programs.


School districts must report allowable transportation expenditures for students in the distinct passenger category on a quarterly basis.  The data submitted in the 2024-25 school year must be used to determine the allocation model for the 2025-26 school year.  The Superintendent of Public Instruction may streamline reporting requirements for small school districts to account for their unique needs.


Hold Harmless.  Beginning in the 2023-24 school year and each year thereafter until 2026-27, no school district may receive a student transportation allocation less than its total student transportation allocation as calculated during the 2021-22 school year.


Audit.  Beginning in the 2024-25 school year and each year thereafter, the state auditor must conduct a review of a school district's transportation expenditures to ensure they are necessary and reasonable if the school district's transportation expenditures exceed 105 percent of the average per-student expenditure amount in similar school districts.  The review must be included in the state auditor's regular audits of the school district. The Office of the Superintendent of Public Instruction must adopt rules to categorize similar school districts and notify the state auditor when a review is required.


Superintendent of Public Instruction.  The Superintendent of Public Instruction must identify and collect necessary data in order to update the transportation model in subsequent biennia, and to identify district transportation allocation outliers.


By June 1, 2026, the Office of the Superintendent of Public Instruction must provide an analysis of school district transportation costs and allocations following the 2024-25 school year to the education and fiscal committees of the Legislature.  This analysis must include the mileage, ridership, and costs for each district, disaggregated by each distinct passenger category and all other transported students. The Legislature intends to use this data to inform future discussions on revising the overall student transportation allocation model to a more transparent and predictable funding model.


Transportation Alternate Funding Grant Program.  The Transportation Alternate Funding Grant Program is repealed.

Appropriation: None.
Fiscal Note: Requested on January 10, 2023.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.