25 LC 56 0223
House Bill 42
By: Representatives Davis of the 87
th
, Scott of the 76
th
, and Schofield of the 63
rd
A BILL TO BE ENTITLED
AN ACT
To amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
1
Annotated, relating to program weights and funding requirements under Quality Basic2
Education, so as to revise provisions for the calculation and distribution of funds by the State3
Board of Education to local units of administration for student transportation programs; to4
require the State Board of Education to distribute to each local unit of administration up to5
100 percent of projected costs of such local unit of administration's student transportation6
program, subject to exception; to remove requirements that regular transportation services7
shall be fully funded before other transportation services are funded; to require the State8
Board of Education to collaborate with and receive relevant information from local units of9
administration regarding the calculation of projected costs of student transportation10
programs; to include the cost of health insurance in the factors considered in calculating the11
costs of student transportation programs; to provide for processes; to require the Department12
of Education to update the schedule of standards and variable student transportation costs or13
cost factors twice each year and to publish such updated schedules on its public website; to14
provide for the use of vehicles in addition to school buses in student transportation programs;15
to provide for an increase in the schedule of uniform minimum salaries for drivers; to provide16
for the inclusion in transportation cost calculations of students who live within 1 and 1/217
miles from school but who cannot safely walk or otherwise travel to school without the use18
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of a motor vehicle; to provide for definitions; to provide for related matters; to repeal
19
conflicting laws; and for other purposes.20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:21
SECTION 1.22
Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,23
relating to program weights and funding requirements under Quality Basic Education, is24
amended by revising Code Section 20-2-188, relating to student transportation, as follows:25
"20-2-188.26
(a)(1) As used in this Code section, the term 'school vehicle,' or 'vehicle,' means vehicles,
27
including, but not limited to school buses, that are designated and used by a local unit of28
administration for the transportation of students as part of its transportation program;29
provided, however, that vehicles owned by school personnel, students, or student family30
members shall not be included even when used for the purpose of transporting students.31
(2) As used in this chapter, the term:32
(A) 'Bus' or 'school bus' means vehicles, including, but not limited to school buses, that33
are designated and used by a local unit of administration for the transportation of34
students as part of its transportation program; provided, however, that vehicles owned35
by school personnel, students, or student family members shall not be included even36
when used for the purpose of transporting students.37
(B) 'School bus driver' shall mean a person who is assigned by a local unit of38
administration to drive vehicles, including, but not limited to school buses, that are39
designated and used by such local unit of administration for the transportation of40
students as part of its transportation program.41
(C) 'School bus stop' means a place designated by a local unit of administration or42
other proper authority for the pickup and drop off of students using vehicles, including,43
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but not limited to school buses, designated and used by such local unit of administration44
for the transportation of students as part of its student transportation program.45
(a)(b)(1) The Twice each school year, the amount of funds needed by a local unit of46
administration to pay expenses the projected costs of student transportation shall be47
calculated and distributed by the State Board of Education in accordance with a schedule48
of standard transportation costs to be incurred by local units of administration in the49
operation of economical and efficient student transportation programs and a schedule of50
variable transportation costs or variable cost factors dependent upon current and51
prevailing circumstances which affect, in varying ways, the cost of student transportation52
authorized by this Code section; provided, however, that the amount of funds to be53
actually distributed to any local unit of administration under this Code section during any54
school year shall equal the lesser of 100 percent of the projected costs calculated under55
this Code section for such local unit of administration or not exceed the actual costs56
incurred by the local unit of administration in transporting students to and from public57
schools, including costs for transportation for disabled or limited-English-proficient58
students who must travel across local school system lines or away from the school to59
which they would normally be assigned if they did not have such special needs. It is60
further provided that the costs of the regular student transportation program receive full61
funding before funds are provided for transportation of students to and from places for62
the purpose of work experiences, training in instructional laboratories outside the63
assigned schools, and in other such field trips required of or integral to the various64
instructional components of the educational program. In establishing the schedule of65
standards and variable student transportation costs or cost factors, the state board State66
Board of Education shall collaborate with local units of administration throughout the67
state and is, without limiting the generality of the foregoing, authorized to consider68
factors and circumstances such as the number and density of students transported in the69
local unit of administration and the areas therein served by school buses school vehicles;70
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the suitability of school bus school vehicle transportation routes in the local unit of71
administration; the suitability of the type and number of buses school vehicles used by72
the local unit of administration; the number of miles traveled by school buses such school73
vehicles in the local unit of administration; minimum bus school vehicle loads;74
transportation surveys, cost of transportation equipment, and depreciation schedules; the75
schedule of minimum salaries for school bus vehicle drivers established in accordance76
with subsection (b)(d) of this Code section; the number of school bus vehicle drivers77
allotted to the local unit of administration; maintenance, repair, and operating costs of78
transportation equipment; climate and terrain; condition of roads used for the purpose of79
transporting students in the local unit of administration; cost of health and liability80
insurance; cost of safety instruction and training for both bus drivers and students; and81
such other factors and circumstances as the state board State Board of Education may find82
relevant for the purpose of establishing such schedules and cost factors. The State Board83
of Education shall provide for process by which local units of administration shall be84
permitted to submit for review by the Department of Education information which such85
local unit of administration deems to be relevant to the calculation of the projected cost86
of student transportation programs. The state board State Board of Education shall have87
authority to establish minimum requirements and standards respecting use of funds88
allotted under this Code section.89
(2) The schedule of standards and variable student transportation costs or cost factors90
provided for in paragraph (1) of this subsection shall be updated by the Department of91
Education twice each year no later than March 1 and November 1 to accurately reflect92
current and actual conditions and published on the Department of Education's public93
website.94
(a.1)(c) Any funds that the State Board of Education allocates for school bus vehicle95
replacement may be used by local boards of education local units of administration to96
refurbish existing school buses; provided, however, that school. Bus vehicle replacement97
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funds may not be restricted by the state board State Board of Education for use only in98
purchasing new or replacement school buses vehicles. Any school bus vehicle that is99
refurbished shall be subject to all safety and maintenance inspection requirements provided100
for by law. Refurbishment of a school bus such school vehicle shall be done by a school101
bus manufacturer or by a dealer of a manufacturer. Each local board of education local unit102
of administration that refurbishes a school bus vehicle pursuant to this subsection is103
strongly encouraged to apply for federal funds to retrofit the engine. The State Board of104
Education shall notify the Environmental Protection Division when a local board of105
education local unit of administration receives state funds to refurbish a school bus vehicle106
so that the division may provide information to such local board unit of administration107
regarding the availability of federal funds for such purposes.108
(b)(d) The State Board of Education shall establish a schedule of uniform minimum109
salaries that shall be paid by local units of administration to drivers of school buses110
vehicles provided by local units of administration for student transportation, regardless of111
type of ownership, which shall be not less than the amount appropriated by the General112
Assembly each year but not less than $500.00 $2,000.00 per month for 12 months. The113
minimum salary schedule shall not apply to drivers of cars and other vehicles not114
designated as school buses. Local units of administration shall not pay to any bus such115
driver in their employment salaries less than those prescribed by the uniform minimum116
salary schedule but shall have the authority to supplement such salaries. The expense of117
purchasing, maintaining, and operating such buses school vehicles regardless of type of118
ownership, shall not be considered in establishing the schedule of uniform minimum119
salaries for school bus such drivers. The schedule of uniform minimum salaries shall be120
used as a standard cost item for the purpose of calculating the expense of student121
transportation under subsection (a)(b) of this Code section. This subsection shall not apply122
to student or teacher drivers.123
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(c)(e) To the extent that the State Board of Education obtains a state-bid price under124
subsection (b) of Code Section 20-2-168 on any standard item of equipment, supply, or125
service used or obtained by local units of administration in connection with or as a result126
of providing transportation services to students attending the public schools of such local127
units of administration or on any other standard expense incurred by local units of128
administration, the standard transportation cost or allowance to be attributed to such item129
or expense under subsection (a)(b) of this Code section shall be based upon an amount not130
in excess of the state-bid price on such item or expense.131
(d)(f) Students who live beyond one and one-half miles from the school to which they are132
assigned, according to the nearest practical route by school bus, vehicle, and students who133
cannot readily walk to school or otherwise travel to school without the use of a motor134
vehicle due to safety concerns, including, but not limited to, a lack of safely traversable135
sidewalks and bike lanes, congested intersections, and otherwise unsafe conditions, shall136
be eligible to be counted as transported students for the purpose of calculating that portion137
of the expense of student transportation associated with transporting students from home138
to school and from school to home as authorized under subsection (a)(b) of this Code139
section, provided such students are actually transported to such school by a school bus or140
other vehicle made available for this purpose by the local unit of administration. Any141
Except as otherwise provided in this subsection, any student who resides within such142
mileage limitation shall not be eligible to be counted for school transportation state-aid143
purposes, with the exception of disabled students being transported.144
(e)(g) The State Board of Education shall establish and require adherence to minimum145
specifications for school vehicles used or contracted to be used by local units of146
administration for transporting students, including a motor vehicle with a capacity of eight147
persons or less operated and marked for the transportation of school children to and from148
school and school related activities, taking into account the factors and circumstances set149
forth in subsection (a)(b) of this Code section, and shall establish and require adherence to150
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minimum standards and requirements respecting maintenance, repair, inspection, and use
151
of such vehicles and minimum qualifications for the drivers of such vehicles. The state
152
board State Board of Education shall require, monitor, and fund a program of safety153
instruction in the practices of safe riding and emergency bus vehicle evacuation drills for154
both school bus drivers and students riding school buses vehicles.155
(f)(h) The State Board of Education shall have the authority to allot funds for the156
transportation of all public school students residing on Sapelo Island to the mainland of the157
state for the purpose of attending school on the mainland.158
(g)(i) The State Board of Education shall adopt policies, procedures, regulations, and other159
such requirements for transportation and for payment of all transportation costs pursuant160
to subsections (a) through (e)(g) of this Code section for all students with special needs161
identified by the various local units of administration. Further, the state board State Board162
of Education shall allot funds to local units of administration for transportation costs for163
those students authorized by such local units of administration to attend schools and164
programs of other local units of administration.165
(h)(j) The State Board of Education shall adopt policies and regulations relative to vehicles166
used for the transportation of students with special needs.167
(i)(k) Notwithstanding the provisions of subsections (a) through (h)(j) of this Code section,168
funds to pay the expenses of student transportation shall be paid to an independent school169
system only when requested by the board of education of such independent school system.170
Any funds for student transportation costs shall be specified by the board of education of171
the independent school system in its budget prepared pursuant to subsection (c) of Code172
Section 20-2-167 and, if not budgeted therein, no expenses for student transportation shall173
be payable to the independent school system for the fiscal year covered by such budget. 174
No provision of this article shall be construed to require the board of education of any175
independent school system to furnish student transportation services within such school176
system.177
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(j)(l) The amount of funds needed by a local unit of administration during a fiscal year for178
sick and personal leave expenses of drivers of school bus drivers vehicles shall be179
determined by multiplying the number of school buses vehicles allotted to a local unit of180
administration pursuant to this Code section by a sum of money not less than $75.00. The181
State Board of Education shall have the authority to prescribe minimum requirements and182
standards for the distribution, use, and expenditure of funds allotted under this subsection."183
SECTION 2.184
All laws and parts of laws in conflict with this Act are repealed.185
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