Senate Bill 1482

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    Florida Senate - 1999                                  SB 1482

    By Senator Saunders





    25-811B-99

  1                      A bill to be entitled

  2         An act relating to student transportation;

  3         amending ss. 234.021, 236.083, F.S.; amending

  4         criteria for determining the annual allocation

  5         to each school district of funds for

  6         transportation to public school programs of

  7         students who are in kindergarten through grade

  8         12; requesting that state or local governmental

  9         entities that have jurisdiction over hazardous

10         conditions make appropriate budgetary provision

11         for correcting such conditions and correct

12         those conditions within a reasonable time;

13         amending criteria used in designating a

14         hazardous walking condition; providing an

15         effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsection (1) of section 236.083, Florida

20  Statutes, is amended to read:

21         236.083  Funds for student transportation.--The annual

22  allocation to each district for transportation to public

23  school programs of students in membership in kindergarten

24  through grade 12, in migrant and exceptional student programs

25  below kindergarten, and in any other state-funded

26  prekindergarten program shall be determined as follows:

27         (1)  Subject to the rules of the commissioner, each

28  district shall determine the membership of students who are

29  transported:

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    Florida Senate - 1999                                  SB 1482
    25-811B-99




  1         (a)  By reason of living at least 1 mile from school if

  2  in grades K-3 or at least 2 miles or more from school if in

  3  grades 4-12;

  4         (b)  By reason of being students with disabilities or

  5  enrolled in a teenage parent program, regardless of distance

  6  to school;

  7         (c)  By reason of being in a state prekindergarten

  8  program, regardless of distance from school;

  9         (d)  By reason of being vocational, dual enrollment, or

10  students with disabilities transported from one school center

11  to another to participate in an instructional program or

12  service; or students with disabilities, transported from one

13  designation to another in the state, provided one designation

14  is a school center and provided the student's individual

15  educational plan (IEP) identifies the need for the

16  instructional program or service and transportation to be

17  provided by the school district. A "school center" is defined

18  as a public school center, public community college, public

19  university, or other facility rented, leased, or owned and

20  operated by the school district or another public agency.  A

21  "dual enrollment student" is defined as a public school

22  student in membership in both a public secondary school

23  program and a public community college or a public university

24  program under a written agreement to partially fulfill ss.

25  229.814 and 240.115 and earning full-time equivalent

26  membership under s. 236.081(1)(g);

27         (e)  With respect to elementary school students whose

28  grade level does not exceed grade 6, by reason of being

29  subjected to hazardous walking conditions en route to or from

30  school as provided in s. 234.021.  Such rules shall, when

31  appropriate, provide for the determination of membership under

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    Florida Senate - 1999                                  SB 1482
    25-811B-99




  1  this paragraph for less than 1 year to accommodate the needs

  2  of students who require transportation only until such

  3  hazardous conditions are corrected. The state or local

  4  governmental entities that have control over the hazardous

  5  conditions are requested to make appropriate budgetary

  6  allocations to correct such hazardous conditions within a

  7  reasonable time after the local school district notifies the

  8  responsible governmental entities of the hazardous condition;

  9  and

10         (f)  By reason of being a pregnant student or student

11  parent, and the child of a student parent as provided in s.

12  230.23166, regardless of distance from school.

13         Section 2.  Section 234.021, Florida Statutes, is

14  amended to read:

15         234.021  Hazardous walking conditions.--

16         (1)  DEFINITION.--As used in this section, the term

17  "student" means any public elementary school student whose

18  grade level does not exceed grade 6.

19         (2)  IDENTIFICATION.--

20         (a)  When a request for review is made to the district

21  superintendent of schools or the district superintendent's

22  designee concerning a condition perceived to be hazardous to

23  students in that district who are in grades K-3 and live

24  within 1-mile limit, or are in grades 4-12 and live within the

25  2-mile limit, and who walk to school, such condition shall be

26  inspected by a representative of the school district and a

27  representative of the local governmental entity where the

28  perceived hazardous condition exists.  Such representatives

29  shall determine whether or not the condition is hazardous to

30  such students and shall report to the Department of Education

31  with respect thereto.  Upon a determination that a condition

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    Florida Senate - 1999                                  SB 1482
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  1  is hazardous to such students, the district school board shall

  2  request a determination from the state or local governmental

  3  entity having jurisdiction regarding whether the hazard will

  4  be corrected and, if so, regarding a projected completion

  5  date.  State funds shall be allocated for the transportation

  6  of students subjected to such hazards, provided that such

  7  funding shall cease upon correction of the hazard or upon the

  8  projected completion date, whichever occurs first.

  9         (b)  It is intended that district school boards and

10  local governmental entities work cooperatively to identify

11  conditions that which are hazardous to students who must walk

12  to school. The It is further intended that state or local

13  governmental entities having jurisdiction are requested to

14  make appropriate budgetary allocations to correct such

15  hazardous conditions within a reasonable time after the local

16  school district notifies the responsible governmental entities

17  of the hazardous conditions a reasonable period of time.

18         (3)  CRITERIA FOR DETERMINING HAZARDOUS WALKING

19  CONDITIONS.--

20         (a)  Walkways parallel to the road.--

21         1.  It shall be considered a hazardous walking

22  condition with respect to any road along which students must

23  walk in order to walk to and from school if there is not an

24  area at least 4 feet wide adjacent to the road which has at

25  least a 4-foot-wide, prepared, level, having a surface that is

26  dry under normal conditions upon which students may walk

27  without being required to walk on the road surface.  In

28  addition, whenever the road along which students must walk is

29  uncurbed and has a posted speed limit of 55 miles per hour,

30  the area as described above for students to walk upon must

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    Florida Senate - 1999                                  SB 1482
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  1  shall be set off the road by no less than 3 feet from the edge

  2  of the road.

  3         2.  The provisions of Subparagraph 1. does do not apply

  4  when the road along which students must walk:

  5         a.  Is in a residential area that which has little or

  6  no transient traffic;

  7         b.  Is a road on which the volume of traffic is less

  8  than 180 vehicles per hour, per direction, during the time

  9  students walk to and from school; or

10         c.  Is located in a residential area and has a posted

11  speed limit of 30 miles per hour or less.

12         (b)  Walkways perpendicular to the road.--It shall be

13  considered a hazardous walking condition with respect to any

14  road across which students must walk in order to walk to and

15  from school:

16         1.  If the traffic volume on such road exceeds the rate

17  of 360 vehicles per hour, per direction (including all lanes),

18  during the time students walk to and from school and if the

19  crossing site is uncontrolled. As used in For purposes of this

20  subsection, the term an "uncontrolled crossing site" means is

21  defined as an intersection or other designated crossing site

22  where no crossing guard, traffic enforcement officer, or stop

23  sign or other traffic control signal is present during the

24  times students walk to and from school.

25         2.  If the total traffic volume on such road exceeds

26  4,000 vehicles per hour through an intersection or other

27  crossing site controlled by a stop sign or other traffic

28  control signal, unless crossing guards or other traffic

29  enforcement officers are also present during the times

30  students walk to and from school.

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    Florida Senate - 1999                                  SB 1482
    25-811B-99




  1  Traffic volume must shall be determined by the most current

  2  traffic engineering study conducted by a state or local

  3  governmental agency.

  4         (4)  Authority of the Commissioner of Education.--The

  5  Commissioner of Education may, in response to a school

  6  district's request, approve the district's designation of a

  7  hazardous walking condition in an area that does not meet the

  8  criteria set forth in subsection (3) if conditions in the area

  9  pose significant safety hazards to children walking to and

10  from school as a result of exposure to:

11         (a)  Commercial activities or traffic;

12         (b)  Canals, lakes, or other bodies of water;

13         (c)  Construction sites, other than single-family-home

14  construction sites;

15         (d)  High levels of crime; or

16         (e)  Other conditions that, considered cumulatively,

17  pose an unacceptable risk to children.

18         Section 3.  This act shall take effect July 1, 1999.

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20            *****************************************

21                          SENATE SUMMARY

22    Amends criteria for determining the annual allocation to
      each school district of funds for the transportation to
23    public school programs of students who are in
      kindergarten through grade 12. Provides that funds may be
24    allocated for transporting children who attend grades K-3
      if they live at least 1 mile from school, or if they live
25    closer and there is a hazardous condition on their
      walking route. Requests that the governmental entity that
26    has jurisdiction over a hazardous condition appropriate
      money for correcting the condition and make the
27    correction within a reasonable time after being notified
      of the condition. Amends criteria for designating a
28    condition as a "hazardous walking condition."

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