Florida Senate - 2022 SB 680 By Senator Cruz 18-00258-22 2022680__ 1 A bill to be entitled 2 An act relating to public school transportation; 3 amending s. 1006.21, F.S.; revising the requirement 4 that district school boards provide transportation for 5 certain students; amending s. 1006.23, F.S.; revising 6 the definition of the term student; requiring a 7 district school superintendent to request a review of 8 a hazardous walking condition upon receipt of a 9 written request from a parent of a student; requiring, 10 rather than authorizing, a district school board to 11 initiate a specified proceeding relating to hazardous 12 walking conditions; amending ss. 1002.20 and 1011.68, 13 F.S.; conforming provisions to changes made by the 14 act; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1.Paragraphs (a) and (b) of subsection (3) of 19 section 1006.21, Florida Statutes, are amended to read: 20 1006.21Duties of district school superintendent and 21 district school board regarding transportation. 22 (3)District school boards, after considering 23 recommendations of the district school superintendent: 24 (a)Shall provide transportation for each student in 25 prekindergarten disability programs and in kindergarten through 26 grade 12 membership in a public school when, and only when, 27 transportation is necessary to provide adequate educational 28 facilities and opportunities that which otherwise would not be 29 available and to transport students whose homes are more than 2 30 miles a reasonable walking distance, as defined by rules of the 31 State Board of Education, from the nearest appropriate school. 32 (b)Shall provide transportation for public elementary 33 school students in membership whose grade level does not exceed 34 grade 6, and may provide transportation for public school 35 students in membership in grades 7 through 12, if they such 36 students are subjected to hazardous walking conditions as 37 provided in s. 1006.23 while en route to or from school. 38 Section 2.Subsections (1) and (3) of section 1006.23, 39 Florida Statutes, are amended to read: 40 1006.23Hazardous walking conditions. 41 (1)DEFINITION.As used in this section, the term student 42 means any public elementary school student in kindergarten 43 through whose grade 12 level does not exceed grade 6. 44 (3)IDENTIFICATION OF HAZARDOUS CONDITIONS. 45 (a)When a district school superintendent requests a 46 request for review of is made by the district school 47 superintendent with respect to a road over which a state or 48 local governmental entity has jurisdiction concerning a 49 condition perceived to be hazardous to students in that district 50 who live within the 2-mile limit and who walk to school, such 51 condition must shall be inspected jointly by a representative of 52 the school district, a representative of the state or local 53 governmental entity with jurisdiction over the perceived 54 hazardous location, and a representative of the municipal police 55 department for a municipal road, a representative of the 56 sheriffs office for a county road, or a representative of the 57 Department of Transportation for a state road. The district 58 superintendent must request the review if he or she receives a 59 written request from a parent of a student in the school 60 district. If the jurisdiction is within an area for which there 61 is a metropolitan planning organization, a representative of 62 that organization must shall also be included. The governmental 63 representatives shall determine whether the condition 64 constitutes a hazardous walking condition as provided in 65 subsection (2). If the governmental representatives concur that 66 a condition constitutes a hazardous walking condition as 67 provided in subsection (2), the governmental entity with 68 jurisdiction must shall report that determination in writing to 69 the district school superintendent, who shall initiate a formal 70 request for correction as provided in subsection (4). 71 (b)If the governmental representatives are unable to reach 72 a consensus, the reasons for lack of consensus shall be reported 73 to the district school superintendent, who shall provide a 74 report and recommendation to the district school board. The 75 district school board shall may initiate a proceeding under 76 chapter 86 seeking a determination as to whether the condition 77 constitutes a hazardous walking condition as provided in 78 subsection (2) after providing at least 30 days notice in 79 writing to the state or local governmental entity having 80 jurisdiction over the road of its intent to do so unless, within 81 30 days after such notice is provided, the state or local 82 governmental entity concurs in writing that the condition is a 83 hazardous walking condition as provided in subsection (2) and 84 provides the position statement pursuant to subsection (4). If a 85 proceeding is initiated under this paragraph, the district 86 school board has the burden of proving such condition by the 87 greater weight of evidence. If the district school board 88 prevails, the district school superintendent shall report the 89 outcome to the Department of Education and initiate a formal 90 request for correction of the hazardous walking condition as 91 provided in subsection (4). 92 Section 3.Paragraph (b) of subsection (22) of section 93 1002.20, Florida Statutes, is amended to read: 94 1002.20K-12 student and parent rights.Parents of public 95 school students must receive accurate and timely information 96 regarding their childs academic progress and must be informed 97 of ways they can help their child to succeed in school. K-12 98 students and their parents are afforded numerous statutory 99 rights including, but not limited to, the following: 100 (22)TRANSPORTATION. 101 (b)Hazardous walking conditions.K-6 Public school 102 students shall be provided transportation if they are subjected 103 to hazardous walking conditions, in accordance with the 104 provisions of ss. 1006.21(3)(b) and 1006.23. 105 Section 4.Paragraph (e) of subsection (1) of section 106 1011.68, Florida Statutes, is amended to read: 107 1011.68Funds for student transportation.The annual 108 allocation to each district for transportation to public school 109 programs, including charter schools as provided in s. 110 1002.33(17)(b), of students in membership in kindergarten 111 through grade 12 and in migrant and exceptional student programs 112 below kindergarten shall be determined as follows: 113 (1)Subject to the rules of the State Board of Education, 114 each district shall determine the membership of students who are 115 transported: 116 (e)With respect to public elementary school students whose 117 grade level does not exceed grade 6, by reason of being 118 subjected to hazardous walking conditions en route to or from 119 school as provided in s. 1006.23. Such rules shall, when 120 appropriate, provide for the determination of membership under 121 this paragraph for less than 1 year to accommodate the needs of 122 students who require transportation only until such hazardous 123 conditions are corrected. 124 Section 5.This act shall take effect July 1, 2022.