Senate BillNo. 1166


Introduced by Senator Vidak

February 20, 2014


An act to amend Sections 39800 and 39820 of, and to add Section 41857 to, the Education Code, relating to education finance, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 1166, as introduced, Vidak. Education finance: home-to-school transportation.

Existing law authorizes the governing board of any school district to provide for the transportation of pupils to and from school whenever, in the judgment of the governing board, the transportation is advisable and good reasons exist therefor. Existing law also authorizes school district governing boards to provide for the transportation of certain pupils who have reached 3 years and 9 months of age and are enrolled in specified special education classes. Existing law provides for the state reimbursement of the costs of this transportation through the apportionment of transportation allowances that are calculated in accordance with designated data.

This bill would require that, commencing with the 2014-15 fiscal year, school districts would receive state reimbursement for the full cost of the home-to-school transportation of pupils. The bill would specify that, for its purposes, “school districts” would include charter schools and county offices of education. The bill would require the State Department of Education to develop and implement procedures for the submission by school districts of information regarding their costs of home-to-school transportation of pupils, and would further require that these costs would be reimbursed through an appropriation included in the annual Budget Act.

The bill would render the current system of apportioning transportation allowances to local educational agencies inoperative as of July 1, 2014.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 39800 of the Education Code is amended
2to read:

3

39800.  

(a) The governing board of any school district may
4provide for the transportation of pupils to and from school
5wheneverbegin insert,end insert in the judgment of thebegin insert governingend insert boardbegin insert,end insert the
6transportation is advisable and good reasons exist therefor. The
7governing board may purchase or rent and provide for the upkeep,
8care, and operation of vehicles, or may contract and pay for the
9transportation of pupils to and from school by common carrier or
10municipally owned transit system, or may contract with and pay
11responsible private parties for the transportation. These contracts
12may be made with the parent or guardian of the pupil being
13transported. A governing board may allow the transportation of
14preschool or nursery school pupils in schoolbuses owned or
15operated by the district. A state reimbursement may not be received
16by a district for the transportation of preschool or nursery school
17pupils.

18(b) As used in thisbegin delete article, “municipallyend deletebegin insert article:end insert

19begin insert (1)end insertbegin insertend insertbegin insert“Municipallyend insert owned transit system” means a transit system
20owned by a city, or by a district created under Part 1 (commencing
21with Section 24501) of Division 10 of the Public Utilities Code.

begin insert

22(2) “School district” includes a charter school and a county
23office of education.

end insert
begin insert

24(c) A school district shall receive state reimbursement for the
25full cost of the home-to-school transportation of pupils described
26in subdivision (a). The State Department of Education shall develop
27and implement procedures for the submission by school districts
28of information regarding their costs of home-to-school
29transportation of pupils. Commencing with the 2014-15 fiscal
30year, these costs shall be reimbursed through an appropriation
31included in the annual Budget Act.

end insert
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SEC. 2.  

Section 39820 of the Education Code is amended to
2read:

3

39820.  

(a) Notwithstanding any other begin deleteprovision of end deletelaw, the
4governing board of any school district may provide, beginning in
5the 1975-76 fiscal year, for the transportation to and from public
6school of pupils who have attained the age of three years and nine
7months and are enrolled in classes established pursuant to Chapter
84.45 (commencing with Section 56440) of Part 30begin insert of Division 4end insert
9 wheneverbegin insert,end insert in the judgment of the board, transportation is advisable
10and good reasons exist therefor. A governing board may allow for
11the transportation of parents of pupils enrolled in these classes for
12the purpose of accompanying their children to and from the
13attendance center offering the early primary classes.

14(b) School districts shall receive state reimbursements for the
15begin insert full cost of the home-to-schoolend insert transportation of pupils described
16in subdivision (a) pursuant tobegin delete Article 10 (commencing with Section
1741850) of Chapter 5 of Part 24end delete
begin insert Section 39800end insert.

18

SEC. 3.  

Section 41857 is added to the Education Code, to read:

19

41857.  

This article shall become inoperative on July 1, 2014.

20

SEC. 4.  

This act is an urgency statute necessary for the
21immediate preservation of the public peace, health, or safety within
22the meaning of Article IV of the Constitution and shall go into
23immediate effect. The facts constituting the necessity are:

24In order to provide local educational agencies with
25reimbursement for the full cost of home-to-school transportation
26of pupils in time for the commencement of the 2014-15 fiscal
27year, it is necessary that this act take effect immediately.



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