Florida Senate - 2015                                    SB 1020
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00655A-15                                          20151020__
    1                        A bill to be entitled                      
    2         An act relating to student transportation funding;
    3         amending s. 1011.68, F.S.; revising the membership of
    4         students that a school district reports for
    5         transportation funding purposes; revising the school
    6         transportation allocation formula used by each school
    7         district; revising the types of students eligible for
    8         transportation funds used for transportation to and
    9         from school in private passenger cars and boats;
   10         reenacting s. 1011.622, F.S., to incorporate the
   11         amendment made to s. 1011.68, F.S., in a reference
   12         thereto; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 1011.68, Florida Statutes, is amended to
   17  read:
   18         1011.68 Funds for student transportation.—The annual
   19  allocation to each district for transportation to public school
   20  programs, including charter schools as provided in s.
   21  1002.33(17)(b), of students in membership in kindergarten
   22  through grade 12 and in migrant and exceptional student programs
   23  below kindergarten shall be determined as follows:
   24         (1) Subject to the rules of the State Board of Education,
   25  each district shall determine the membership of students who are
   26  transported:
   27         (a) By reason of being a student who lives living 2 miles
   28  or more from school.
   29         (b) By reason of being a student enrolled in a
   30  prekindergarten program for students with disabilities or
   31  enrolled in a teenage parent program, which generates full-time
   32  equivalent student membership under s. 1011.61, regardless of
   33  distance to school.
   34         (c) By reason of being a student who is pregnant, a student
   35  parent, or the child of a student parent as provided in s.
   36  1003.54 in a state prekindergarten program, regardless of
   37  distance from school.
   38         (d) By reason of being a student with a disability,
   39  regardless of distance to school, whose individual educational
   40  plan (IEP) identifies the need for one or more of the following
   41  services:
   42         1.Medical equipment, which includes wheelchairs, crutches,
   43  walkers, canes, tracheotomy equipment, and positioning or unique
   44  seating devices.
   45         2.A special transportation environment in accordance with
   46  a physician’s prescription. Such an environment may include, but
   47  is not limited to, tinted windows, a dust-controlled atmosphere,
   48  or temperature control.
   49         3.An attendant, aide, or monitor.
   50         4.A shortened school day.
   51         5.Transportation to a school center located in an out-of
   52  district school system. The term “school center” means a public
   53  school center, Florida College System institution, state
   54  university, or other facility rented, leased, or owned and
   55  operated by the school district or another public agency By
   56  reason of being career, dual enrollment, or students with
   57  disabilities transported from one school center to another to
   58  participate in an instructional program or service; or students
   59  with disabilities, transported from one designation to another
   60  in the state, provided one designation is a school center and
   61  provided the student’s individual educational plan (IEP)
   62  identifies the need for the instructional program or service and
   63  transportation to be provided by the school district.
   64         (e)By reason of being a student who is enrolled during the
   65  180-day school year in a career education course or a dual
   66  enrollment course in a Florida College System institution or a
   67  State University System institution pursuant to s. 1007.271 and
   68  who is transported from one school center to another. The term A
   69  “school center” means is defined as a public school center,
   70  Florida College System institution, state university, or other
   71  facility rented, leased, or owned and operated by the school
   72  district or another public agency. A “dual enrollment student”
   73  is defined as a public school student in membership in both a
   74  public secondary school program and a Florida College System
   75  institution or a state university program under a written
   76  agreement to partially fulfill ss. 1003.435 and 1007.23 and
   77  earning full-time equivalent membership under s. 1011.62(1)(i).
   78         (f)(e)By reason of being an With respect to elementary
   79  school student students whose grade level does not exceed grade
   80  6 who is, by reason of being subjected to hazardous walking
   81  conditions en route to or from school as provided in s. 1006.23
   82  and by rule of the State Board of Education. Such rule rules
   83  shall, when appropriate, provide for the determination of
   84  membership under this paragraph for less than 1 year to
   85  accommodate the needs of students who require transportation
   86  only until such hazardous conditions are corrected.
   87         (f) By reason of being a pregnant student or student
   88  parent, and the child of a student parent as provided in s.
   89  1003.54, regardless of distance from school.
   90         (g) By reason of being a student with a disability whose
   91  IEP specifies the need for an extended school year education,
   92  with transportation as a related service, during the summer.
   93         (h) By reason of being a student who generates full-time
   94  equivalent student membership during the summer under s. 1011.61
   95  through participation in a nonresidential Department of Juvenile
   96  Justice education program pursuant to s. 1003.52.
   97         (2) A school district may report only students who generate
   98  full-time equivalent membership during the summer under s.
   99  1011.61 for student transportation funding during the summer,
  100  unless a student meets the requirements of paragraph (1)(g).
  101         (3) Students who are enrolled in the Florida School for the
  102  Deaf and the Blind as authorized in s. 1002.36 are funded
  103  through a specific appropriation in the General Appropriations
  104  Act for the Florida School for the Deaf and the Blind and are
  105  not eligible for student transportation funding under this
  106  section.
  107         (4)(2) The allocation for each district shall be calculated
  108  annually in accordance with the following formula:
  109  
  110         T = B + EX + B. The elements of this formula are defined as
  111  follows:
  112         (a) T is the total dollar allocation for transportation.
  113         (b)EX is the transportation dollar allocation for students
  114  with disabilities whom the school district reports under
  115  paragraph (1)(d). The transportation dollar allocation for
  116  students with disabilities is the students with disabilities
  117  membership count reported in paragraph (1)(d), weighted for
  118  increased costs associated with transporting students with
  119  disabilities, and multiplying that number by an average per
  120  student cost for transportation as determined by the Legislature
  121  B is the base transportation dollar allocation prorated by an
  122  adjusted student membership count. The adjusted students with
  123  disabilities membership count shall be derived from a
  124  multiplicative index function in which the base student
  125  membership is adjusted by multiplying it by index numbers that
  126  individually account for the impact of the price level index,
  127  average bus occupancy, and the extent of rural population in the
  128  district. Each adjustment factor shall be designed to affect the
  129  base allocation by no more or less than 10 percent.
  130         (c)B EX is the base transportation dollar allocation and
  131  represents the remaining funds after calculating the
  132  transportation dollar allocation for students with disabilities
  133  prorated by an adjusted student membership count for disabled
  134  students prorated by an adjusted disabled student membership
  135  count. The base transportation dollar allocation for disabled
  136  students is the total state base disabled student membership
  137  count weighted for increased costs associated with transporting
  138  disabled students and multiplying it by an average per student
  139  cost for transportation as determined by the Legislature. The
  140  adjusted disabled student membership count shall be derived from
  141  a multiplicative index function in which the weighted base
  142  disabled student membership count reported in subsection (1) is
  143  adjusted by multiplying it by index numbers that individually
  144  account for the impact of the price level index, average bus
  145  occupancy, and the extent of rural population in the district.
  146  Each adjustment factor shall be designed to affect the base
  147  allocation by no more or less than 10 percent.
  148         (3) The total allocation to each district for
  149  transportation of students shall be the sum of the amounts
  150  determined in subsection (2). If the funds appropriated for the
  151  purpose of implementing this section are not sufficient to pay
  152  the base transportation allocation and the base transportation
  153  allocation for disabled students, the Department of Education
  154  shall prorate the available funds on a percentage basis. If the
  155  funds appropriated for the purpose of implementing this section
  156  exceed the sum of the base transportation allocation and the
  157  base transportation allocation for disabled students, the base
  158  transportation allocation for disabled students shall be limited
  159  to the amount calculated in subsection (2), and the remaining
  160  balance shall be added to the base transportation allocation.
  161         (5)(4)A No district may not shall use funds to purchase
  162  transportation equipment and supplies at prices which exceed
  163  those determined by the department to be the lowest which can be
  164  obtained, as prescribed in s. 1006.27(1).
  165         (6)(a)(5) Funds allocated or apportioned for the payment of
  166  student transportation services may be used to pay for
  167  transportation of students to and from school on local general
  168  purpose transportation systems.
  169         (b) Student transportation funds may also be used to pay
  170  for transportation of students to and from school in private
  171  passenger cars and boats when the transportation is for:
  172         1. An isolated student who lives in a sparsely populated
  173  area when compared to other population areas within the
  174  district, or in a location for which a school bus cannot
  175  traverse the road or route necessary to pick up the student;
  176         2. A student with a disability as authorized by rule;
  177         3. A student who is in the custody of the Department of
  178  Children and Families; and
  179         4. A student who lacks a fixed, regular, and adequate
  180  nighttime residence, or whose primary nighttime residence is a
  181  public or private shelter designed to provide temporary
  182  residence or whose primary nighttime residence is a public or
  183  private place not designed for, or ordinarily used as, a regular
  184  sleeping accommodation for human beings isolated students, or
  185  students with disabilities as defined by rule. Subject to the
  186  rules of the State Board of Education, each school district
  187  shall determine and report the number of assigned students using
  188  general purpose transportation private passenger cars and boats.
  189  The allocation per student must be equal to the allocation per
  190  student riding a school bus.
  191         (c) The allocation per student for general purpose
  192  transportation, private passenger cars, and boats is equal to
  193  the allocation per student riding a school bus.
  194         (7)(6) Notwithstanding other provisions of this section, in
  195  no case shall any student or students be counted for
  196  transportation funding more than once per day. This provision
  197  includes counting students for funding pursuant to trips in
  198  school buses, passenger cars, or boats or general purpose
  199  transportation.
  200         Section 2. Section 1011.622, Florida Statutes, is reenacted
  201  for the purpose of incorporating the amendment made by this act
  202  to s. 1011.68, Florida Statutes, in a reference thereto.
  203         Section 3. This act shall take effect July 1, 2015.