Senate Bill sb0326

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    Florida Senate - 2001                                   SB 326

    By Senator Saunders





    25-347-01

  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; providing for state or local governmental

  9         entities that have jurisdiction over hazardous

10         conditions to make appropriate budgetary

11         provision for correcting such conditions within

12         a reasonable time; amending criteria used in

13         designating a hazardous walking condition;

14         providing an effective date.

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

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

19  Statutes, is amended to read:

20         236.083  Funds for student transportation.--The annual

21  allocation to each district for transportation to public

22  school programs of students in membership in kindergarten

23  through grade 12, in migrant and exceptional student programs

24  below kindergarten, and in any other state-funded

25  prekindergarten program shall be determined as follows:

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

27  district shall determine the membership of students who are

28  transported:

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

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

31  grades 4-12;

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    Florida Senate - 2001                                   SB 326
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  1         (b)  By reason of being students with disabilities or

  2  enrolled in a teenage parent program, regardless of distance

  3  to school;

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

  5  program, regardless of distance from school;

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

  7  students with disabilities transported from one school center

  8  to another to participate in an instructional program or

  9  service; or students with disabilities, transported from one

10  designation to another in the state, provided one designation

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

12  educational plan (IEP) identifies the need for the

13  instructional program or service and transportation to be

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

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

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

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

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

19  student in membership in both a public secondary school

20  program and a public community college or a public university

21  program under a written agreement to partially fulfill ss.

22  229.814 and 240.115 and earning full-time equivalent

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

24         (e)  With respect to elementary school students whose

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

26  subjected to hazardous walking conditions en route to or from

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

28  appropriate, provide for the determination of membership under

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

30  of students who require transportation only until such

31  hazardous conditions are corrected. The state or local

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  1  governmental entities that have control over the hazardous

  2  conditions shall make appropriate budgetary allocations to

  3  correct the hazardous conditions within a reasonable time

  4  after the school district notifies the responsible

  5  governmental entities of the hazardous conditions. Any funds

  6  appropriated in the 2001-2002 General Appropriations Act for

  7  student transportation that are in addition to the funds

  8  provided in the 2000-2001 General Appropriations Act for

  9  student transportation and that are not designated in the

10  2001-2002 budget workpapers as funds provided for student

11  enrollment growth shall be used to fund students transported

12  according to s. 234.01(1)(b), including those transported by

13  school district option; and

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

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

16  230.23166, regardless of distance from school.

17         Section 2.  Section 234.021, Florida Statutes, is

18  amended to read:

19         234.021  Hazardous walking conditions.--

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

21  "student" means any public elementary school student whose

22  grade level does not exceed grade 6.

23         (2)  IDENTIFICATION.--

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

25  superintendent of schools or the district superintendent's

26  designee concerning a condition perceived to be hazardous to

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

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

29  the 2-mile limit, and who walk to school, such condition shall

30  be inspected by a representative of the school district, a

31  representative of the county sheriff, a representative of the

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  1  local safety council, if a safety council exists in the

  2  county, and a representative of the local governmental entity

  3  where the perceived hazardous condition exists. If any of such

  4  representatives determines that a condition is hazardous to

  5  such students according to the guidelines established by

  6  subsection (3) or based upon his or her findings upon

  7  inspection, he or she shall report to the Department of

  8  Education with respect thereto.  Upon a determination that a

  9  condition is hazardous to such students, the district school

10  board shall request a determination from the state or local

11  governmental entity having jurisdiction regarding whether the

12  hazard will be corrected and, if so, regarding a projected

13  completion date. State funds shall be allocated for the

14  transportation of students subjected to such hazards, provided

15  that such funding shall cease upon correction of the hazard or

16  upon the projected completion date, whichever occurs first.

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

18  local governmental entities work cooperatively to identify

19  conditions that which are hazardous to students who must walk

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

21  governmental entities having jurisdiction shall make

22  appropriate budgetary allocations to correct such hazardous

23  conditions within a reasonable period of time after the school

24  district notifies the responsible governmental entities of the

25  hazardous conditions.

26         (3)  GUIDELINES FOR DETERMINING HAZARDOUS WALKING

27  CONDITIONS.--

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

29         1.  It shall be considered a hazardous walking

30  condition with respect to any road along which students must

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

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

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

  3  dry under normal conditions upon which students may walk

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

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

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

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

  8  shall be set off the road by no less than 3 feet from the edge

  9  of the road.

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

11  when the road along which students must walk:

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

13  no transient traffic;

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

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

16  students walk to and from school; or

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

18  speed limit of 30 miles per hour or less.

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

20  considered a hazardous walking condition with respect to any

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

22  from school:

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

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

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

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

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

28  defined as an intersection or other designated crossing site

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

30  sign or other traffic control signal is present during the

31  times students walk to and from school.

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

  2  4,000 vehicles per hour through an intersection or other

  3  crossing site controlled by a stop sign or other traffic

  4  control signal, unless crossing guards or other traffic

  5  enforcement officers are also present during the times

  6  students walk to and from school.

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  8  Traffic volume must shall be determined by the most current

  9  traffic engineering study conducted by a state or local

10  governmental agency.

11         (4)  AUTHORITY OF THE COMMISSIONER OF EDUCATION.--The

12  Commissioner of Education may, in response to a school

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

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

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

16  pose significant safety hazards to children walking to and

17  from school as a result of exposure to:

18         (a)  Commercial activities or traffic;

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

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

21  construction sites;

22         (d)  High levels of crime; or

23         (e)  Other conditions that, considered cumulatively,

24  pose an unacceptable risk to children.

25         Section 3.  This act shall take effect July 1, 2001.

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  2                          SENATE SUMMARY

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