| 1 | 1 | | 23 LC 49 1079 |
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| 2 | 2 | | H. B. 712 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 712 |
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| 5 | 5 | | By: Representatives Davis of the 87 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Beverly of the 143 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Mitchell of the 88 |
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| 10 | 10 | | th |
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| 11 | 11 | | , Schofield of |
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| 12 | 12 | | the 63 |
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| 13 | 13 | | rd |
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| 14 | 14 | | , Scott of the 76 |
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| 15 | 15 | | th |
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| 16 | 16 | | , and others |
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| 17 | 17 | | A BILL TO BE ENTITLED |
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| 18 | 18 | | AN ACT |
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| 19 | 19 | | To amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia |
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| 20 | 20 | | 1 |
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| 21 | 21 | | Annotated, relating to program weights and funding requirements under Quality Basic2 |
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| 22 | 22 | | Education, so as to revise provisions for the calculation and distribution of funds by the State3 |
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| 23 | 23 | | Board of Education to local units of administration for student transportation programs; to4 |
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| 24 | 24 | | require the State Board of Education to distribute to each local unit of administration up to5 |
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| 25 | 25 | | 100 percent of projected costs of such local unit of administration's student transportation6 |
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| 26 | 26 | | program, subject to exception; to remove requirements that regular transportation services7 |
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| 27 | 27 | | shall be fully funded before other transportation services are funded; to require the State8 |
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| 28 | 28 | | Board of Education to collaborate with and receive relevant information from local units of9 |
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| 29 | 29 | | administration regarding the calculation of projected costs of student transportation10 |
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| 30 | 30 | | programs; to include the cost of health insurance in the factors considered in calculating the11 |
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| 31 | 31 | | costs of student transportation programs; to provide for processes; to require the Department12 |
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| 32 | 32 | | of Education to update the schedule of standards and variable student transportation costs or13 |
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| 33 | 33 | | cost factors twice each year and to publish such updated schedules on its website; to provide14 |
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| 34 | 34 | | for the use of vehicles in addition to school buses in student transportation programs; to15 |
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| 35 | 35 | | provide for an increase in the schedule of uniform minimum salaries for drivers; to provide16 |
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| 36 | 36 | | for the inclusion in transportation cost calculations of students who live within 1 and 1/217 |
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| 37 | 37 | | miles from school but who cannot safely walk or otherwise travel to school without the use18 23 LC 49 1079 |
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| 38 | 38 | | H. B. 712 |
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| 39 | 39 | | - 2 - |
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| 40 | 40 | | of a motor vehicle; to provide for definitions; to provide for related matters; to repeal |
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| 41 | 41 | | 19 |
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| 42 | 42 | | conflicting laws; and for other purposes.20 |
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| 43 | 43 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:21 |
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| 44 | 44 | | SECTION 1.22 |
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| 45 | 45 | | Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,23 |
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| 46 | 46 | | relating to program weights and funding requirements under Quality Basic Education, is24 |
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| 47 | 47 | | amended by revising Code Section 20-2-188, relating to student transportation, as follows:25 |
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| 48 | 48 | | "20-2-188.26 |
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| 49 | 49 | | (a)(1) As used in this Code section, the term 'school vehicle,' or 'vehicle,' means vehicles, |
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| 50 | 50 | | 27 |
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| 51 | 51 | | including, but not limited to school buses, that are designated and used by a local unit of28 |
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| 52 | 52 | | administration for the transportation of students as part of its transportation program;29 |
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| 53 | 53 | | provided, however, that vehicles owned by school personnel, students, or student family30 |
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| 54 | 54 | | members shall not be included even when used for the purpose of transporting students.31 |
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| 55 | 55 | | (2) As used in this chapter, the term:32 |
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| 56 | 56 | | (A) 'Bus' or 'school bus' means vehicles, including, but not limited to school buses, that33 |
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| 57 | 57 | | are designated and used by a local unit of administration for the transportation of34 |
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| 58 | 58 | | students as part of its transportation program; provided, however, that vehicles owned35 |
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| 59 | 59 | | by school personnel, students, or student family members shall not be included even36 |
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| 60 | 60 | | when used for the purpose of transporting students.37 |
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| 61 | 61 | | (B) 'School bus driver' shall mean a person who is assigned by a local unit of38 |
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| 62 | 62 | | administration to drive vehicles, including, but not limited to school buses, that are39 |
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| 63 | 63 | | designated and used by such local unit of administration for the transportation of40 |
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| 64 | 64 | | students as part of its transportation program.41 |
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| 65 | 65 | | (C) 'School bus stop' means a place designated by a local unit of administration or42 |
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| 66 | 66 | | other proper authority for the pick-up or drop-off of students using vehicles, including,43 23 LC 49 1079 |
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| 67 | 67 | | H. B. 712 |
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| 68 | 68 | | - 3 - |
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| 69 | 69 | | but not limited to school buses, designated and used by such local unit of administration44 |
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| 70 | 70 | | for the transportation of students as part of its student transportation program.45 |
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| 71 | 71 | | (a)(b)(1) The Twice each school year, the amount of funds needed by a local unit of46 |
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| 72 | 72 | | administration to pay expenses the projected costs of student transportation shall be47 |
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| 73 | 73 | | calculated and distributed by the State Board of Education in accordance with a schedule48 |
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| 74 | 74 | | of standard transportation costs to be incurred by local units of administration in the49 |
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| 75 | 75 | | operation of economical and efficient student transportation programs and a schedule of50 |
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| 76 | 76 | | variable transportation costs or variable cost factors dependent upon current and51 |
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| 77 | 77 | | prevailing circumstances which affect, in varying ways, the cost of student transportation52 |
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| 78 | 78 | | authorized by this Code section; provided, however, that the amount of funds to be53 |
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| 79 | 79 | | actually distributed to any local unit of administration under this Code section during any54 |
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| 80 | 80 | | school year shall equal the lesser of 100 percent of the projected costs calculated under55 |
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| 81 | 81 | | this Code section for such local unit of administration or not exceed the actual costs56 |
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| 82 | 82 | | incurred by the local unit of administration in transporting students to and from public57 |
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| 83 | 83 | | schools, including costs for transportation for disabled or limited-English-proficient58 |
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| 84 | 84 | | students who must travel across local school system lines or away from the school to59 |
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| 85 | 85 | | which they would normally be assigned if they did not have such special needs. It is60 |
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| 86 | 86 | | further provided that the costs of the regular student transportation program receive full61 |
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| 87 | 87 | | funding before funds are provided for transportation of students to and from places for62 |
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| 88 | 88 | | the purpose of work experiences, training in instructional laboratories outside the63 |
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| 89 | 89 | | assigned schools, and in other such field trips required of or integral to the various64 |
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| 90 | 90 | | instructional components of the educational program. In establishing the schedule of65 |
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| 91 | 91 | | standards and variable student transportation costs or cost factors, the state board State66 |
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| 92 | 92 | | Board of Education shall collaborate with local units of administration throughout the67 |
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| 93 | 93 | | state and is, without limiting the generality of the foregoing, authorized to consider68 |
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| 94 | 94 | | factors and circumstances such as the number and density of students transported in the69 |
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| 95 | 95 | | local unit of administration and the areas therein served by school buses school vehicles;70 23 LC 49 1079 |
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| 96 | 96 | | H. B. 712 |
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| 97 | 97 | | - 4 - |
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| 98 | 98 | | the suitability of school bus school vehicle transportation routes in the local unit of71 |
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| 99 | 99 | | administration; the suitability of the type and number of buses school vehicles used by72 |
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| 100 | 100 | | the local unit of administration; the number of miles traveled by school buses such school73 |
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| 101 | 101 | | vehicles in the local unit of administration; minimum bus school vehicle loads;74 |
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| 102 | 102 | | transportation surveys, cost of transportation equipment, and depreciation schedules; the75 |
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| 103 | 103 | | schedule of minimum salaries for school bus vehicle drivers established in accordance76 |
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| 104 | 104 | | with subsection (b)(d) of this Code section; the number of school bus vehicle drivers77 |
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| 105 | 105 | | allotted to the local unit of administration; maintenance, repair, and operating costs of78 |
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| 106 | 106 | | transportation equipment; climate and terrain; condition of roads used for the purpose of79 |
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| 107 | 107 | | transporting students in the local unit of administration; cost of health and liability80 |
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| 108 | 108 | | insurance; cost of safety instruction and training for both bus drivers and students; and81 |
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| 109 | 109 | | such other factors and circumstances as the state board State Board of Education may find82 |
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| 110 | 110 | | relevant for the purpose of establishing such schedules and cost factors. The State Board83 |
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| 111 | 111 | | of Education shall provide for process by which local units of administration shall be84 |
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| 112 | 112 | | permitted to submit for review by the Department of Education information which such85 |
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| 113 | 113 | | local unit of administration deems to be relevant to the calculation of the projected cost86 |
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| 114 | 114 | | of student transportation programs. The state board State Board of Education shall have87 |
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| 115 | 115 | | authority to establish minimum requirements and standards respecting use of funds88 |
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| 116 | 116 | | allotted under this Code section.89 |
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| 117 | 117 | | (2) The schedule of standards and variable student transportation costs or cost factors90 |
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| 118 | 118 | | provided for in paragraph (1) of this subsection shall be updated by the Department of91 |
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| 119 | 119 | | Education twice each year no later than March 1 and November 1 to accurately reflect92 |
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| 120 | 120 | | current and actual conditions and published on the Department of Education's website.93 |
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| 121 | 121 | | (a.1)(c) Any funds that the State Board of Education allocates for school bus vehicle94 |
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| 122 | 122 | | replacement may be used by local boards of education local units of administration to95 |
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| 123 | 123 | | refurbish existing school buses; provided, however, that school. Bus vehicle replacement96 |
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| 124 | 124 | | funds may not be restricted by the state board State Board of Education for use only in97 23 LC 49 1079 |
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| 125 | 125 | | H. B. 712 |
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| 126 | 126 | | - 5 - |
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| 127 | 127 | | purchasing new or replacement school buses vehicles. Any school bus vehicle that is98 |
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| 128 | 128 | | refurbished shall be subject to all safety and maintenance inspection requirements provided99 |
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| 129 | 129 | | for by law. Refurbishment of a school bus such school vehicle shall be done by a school100 |
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| 130 | 130 | | bus manufacturer or by a dealer of a manufacturer. Each local board of education local unit101 |
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| 131 | 131 | | of administration that refurbishes a school bus vehicle pursuant to this subsection is102 |
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| 132 | 132 | | strongly encouraged to apply for federal funds to retrofit the engine. The State Board of103 |
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| 133 | 133 | | Education shall notify the Environmental Protection Division when a local board of104 |
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| 134 | 134 | | education local unit of administration receives state funds to refurbish a school bus vehicle105 |
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| 135 | 135 | | so that the division may provide information to such local board unit of administration106 |
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| 136 | 136 | | regarding the availability of federal funds for such purposes.107 |
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| 137 | 137 | | (b)(d) The State Board of Education shall establish a schedule of uniform minimum108 |
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| 138 | 138 | | salaries that shall be paid by local units of administration to drivers of school buses109 |
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| 139 | 139 | | vehicles provided by local units of administration for student transportation, regardless of110 |
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| 140 | 140 | | type of ownership, which shall be not less than the amount appropriated by the General111 |
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| 141 | 141 | | Assembly each year but not less than $500.00 $2,000.00 per month for 12 months. The112 |
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| 142 | 142 | | minimum salary schedule shall not apply to drivers of cars and other vehicles not113 |
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| 143 | 143 | | designated as school buses. Local units of administration shall not pay to any bus such114 |
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| 144 | 144 | | driver in their employment salaries less than those prescribed by the uniform minimum115 |
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| 145 | 145 | | salary schedule but shall have the authority to supplement such salaries. The expense of116 |
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| 146 | 146 | | purchasing, maintaining, and operating such buses school vehicles regardless of type of117 |
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| 147 | 147 | | ownership, shall not be considered in establishing the schedule of uniform minimum118 |
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| 148 | 148 | | salaries for school bus such drivers. The schedule of uniform minimum salaries shall be119 |
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| 149 | 149 | | used as a standard cost item for the purpose of calculating the expense of student120 |
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| 150 | 150 | | transportation under subsection (a)(b) of this Code section. This subsection shall not apply121 |
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| 151 | 151 | | to student or teacher drivers.122 |
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| 152 | 152 | | (c)(e) To the extent that the State Board of Education obtains a state-bid price under123 |
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| 153 | 153 | | subsection (b) of Code Section 20-2-168 on any standard item of equipment, supply, or124 23 LC 49 1079 |
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| 154 | 154 | | H. B. 712 |
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| 155 | 155 | | - 6 - |
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| 156 | 156 | | service used or obtained by local units of administration in connection with or as a result |
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| 157 | 157 | | 125 |
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| 158 | 158 | | of providing transportation services to students attending the public schools of such local126 |
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| 159 | 159 | | units of administration |
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| 160 | 160 | | or on any other standard expense incurred by local units of127 |
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| 161 | 161 | | administration, the standard transportation cost or allowance to be attributed to such item128 |
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| 162 | 162 | | or expense under subsection (a)(b) of this Code section shall be based upon an amount not129 |
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| 163 | 163 | | in excess of the state-bid price on such item or expense.130 |
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| 164 | 164 | | (d)(f) Students who live beyond one and one-half miles from the school to which they are131 |
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| 165 | 165 | | assigned, according to the nearest practical route by school bus, vehicle, and students who132 |
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| 166 | 166 | | cannot readily walk to school or otherwise travel to school without the use of a motor133 |
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| 167 | 167 | | vehicle due to safety concerns, including, but not limited to, a lack of safely traversable134 |
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| 168 | 168 | | sidewalks and bike lanes, congested intersections, and otherwise unsafe conditions, shall135 |
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| 169 | 169 | | be eligible to be counted as transported students for the purpose of calculating that portion136 |
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| 170 | 170 | | of the expense of student transportation associated with transporting students from home137 |
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| 171 | 171 | | to school and from school to home as authorized under subsection (a)(b) of this Code138 |
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| 172 | 172 | | section, provided such students are actually transported to such school by a school bus or139 |
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| 173 | 173 | | other vehicle made available for this purpose by the local unit of administration. Any140 |
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| 174 | 174 | | Except as otherwise provided in this subsection, any student who resides within such141 |
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| 175 | 175 | | mileage limitation shall not be eligible to be counted for school transportation state-aid142 |
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| 176 | 176 | | purposes, with the exception of disabled students being transported.143 |
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| 177 | 177 | | (e)(g) The State Board of Education shall establish and require adherence to minimum144 |
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| 178 | 178 | | specifications for school vehicles used or contracted to be used by local units of145 |
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| 179 | 179 | | administration for transporting students, including a motor vehicle with a capacity of eight146 |
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| 180 | 180 | | persons or less operated and marked for the transportation of school children to and from147 |
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| 181 | 181 | | school and school related activities, taking into account the factors and circumstances set148 |
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| 182 | 182 | | forth in subsection (a)(b) of this Code section, and shall establish and require adherence to149 |
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| 183 | 183 | | minimum standards and requirements respecting maintenance, repair, inspection, and use150 |
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| 184 | 184 | | of such vehicles and minimum qualifications for the drivers of such vehicles. The state151 23 LC 49 1079 |
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| 185 | 185 | | H. B. 712 |
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| 186 | 186 | | - 7 - |
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| 187 | 187 | | board State Board of Education shall require, monitor, and fund a program of safety152 |
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| 188 | 188 | | instruction in the practices of safe riding and emergency bus vehicle evacuation drills for153 |
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| 189 | 189 | | both school bus drivers and students riding school buses vehicles.154 |
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| 190 | 190 | | (f)(h) The State Board of Education shall have the authority to allot funds for the155 |
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| 191 | 191 | | transportation of all public school students residing on Sapelo Island to the mainland of the156 |
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| 192 | 192 | | state for the purpose of attending school on the mainland.157 |
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| 193 | 193 | | (g)(i) The State Board of Education shall adopt policies, procedures, regulations, and other158 |
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| 194 | 194 | | such requirements for transportation and for payment of all transportation costs pursuant159 |
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| 195 | 195 | | to subsections (a) through (e)(g) of this Code section for all students with special needs160 |
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| 196 | 196 | | identified by the various local units of administration. Further, the state board State Board161 |
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| 197 | 197 | | of Education shall allot funds to local units of administration for transportation costs for162 |
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| 198 | 198 | | those students authorized by such local units of administration to attend schools and163 |
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| 199 | 199 | | programs of other local units of administration.164 |
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| 200 | 200 | | (h)(j) The State Board of Education shall adopt policies and regulations relative to vehicles165 |
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| 201 | 201 | | used for the transportation of students with special needs.166 |
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| 202 | 202 | | (i)(k) Notwithstanding the provisions of subsections (a) through (h)(j) of this Code section,167 |
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| 203 | 203 | | funds to pay the expenses of student transportation shall be paid to an independent school168 |
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| 204 | 204 | | system only when requested by the board of education of such independent school system.169 |
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| 205 | 205 | | Any funds for student transportation costs shall be specified by the board of education of170 |
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| 206 | 206 | | the independent school system in its budget prepared pursuant to subsection (c) of Code171 |
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| 207 | 207 | | Section 20-2-167 and, if not budgeted therein, no expenses for student transportation shall172 |
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| 208 | 208 | | be payable to the independent school system for the fiscal year covered by such budget.173 |
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| 209 | 209 | | No provision of this article shall be construed to require the board of education of any174 |
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| 210 | 210 | | independent school system to furnish student transportation services within such school175 |
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| 211 | 211 | | system.176 |
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| 212 | 212 | | (j)(l) The amount of funds needed by a local unit of administration during a fiscal year for177 |
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| 213 | 213 | | sick and personal leave expenses of drivers of school bus drivers vehicles shall be178 23 LC 49 1079 |
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| 214 | 214 | | H. B. 712 |
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| 215 | 215 | | - 8 - |
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| 216 | 216 | | determined by multiplying the number of school buses vehicles allotted to a local unit of179 |
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| 217 | 217 | | administration pursuant to this Code section by a sum of money not less than $75.00. The180 |
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| 218 | 218 | | State Board of Education shall have the authority to prescribe minimum requirements and181 |
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| 219 | 219 | | standards for the distribution, use, and expenditure of funds allotted under this subsection."182 |
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| 220 | 220 | | SECTION 2.183 |
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| 221 | 221 | | All laws and parts of laws in conflict with this Act are repealed.184 |
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