BILL ANALYSIS
SB 315
Page 1
SENATE THIRD READING
SB 315 (Liu)
As Amended May 20, 2009
Majority vote
SENATE VOTE :24-11
EDUCATION 6-3
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|Ayes:|Brownley, Ammiano, | | |
| |Arambula, | | |
| |Carter, Eng, Torlakson | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Nestande, Garrick, Miller | | |
| | | | |
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SUMMARY : Authorizes the governing board of a school district
to establish and maintain a walking schoolbus in any of the
schools of the district for the purpose of ensuring the safe
passage of pupils to and from school. Specifically, this bill :
1)Defines a "walking schoolbus" as a group of pupils walking to
or from school with one or more supervising adults. Specifies
that "adults" include parents, guardians, or teachers of a
pupil who is participating in the walking schoolbus.
2)Provides that all persons participating in a walking schoolbus
shall be deemed to have waived all claims against the district
or the state for injury, accident, illness, or death occurring
during or by reason of participating in a walking schoolbus.
Requires all adults participating in a walking schoolbus, and
all parents or guardians of pupils participating in a walking
schoolbus, to sign a statement consenting to participation and
waiving all claims.
EXISTING LAW :
1)Authorizes the governing board of a school district to,
subject to rules and regulations adopted by the State Board of
Education (SBE), establish and maintain a school safety patrol
in any of the schools of the district for the purpose of
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assisting school pupils in safely crossing streets and
highways adjacent to or near the school.
2)Specifies the guidelines for establishing a school safety
patrol, including the requirement that the members of the
patrol must be under the supervision and control of a
qualified employee of the district.
3)Authorizes the SBE to adopt all rules and regulations
necessary for districts to establish school safety patrols.
4)Requires school districts and county offices of education to
develop a comprehensive school safety plan, which must include
procedures for the safe ingress and egress of pupils, parents,
and school employees to and from school.
FISCAL EFFECT : According to the Legislative Counsel, this bill
is non-fiscal.
COMMENTS : This bill authorizes a school district to establish
and maintain a walking schoolbus at any of the schools in the
district. The bill defines a "walking schoolbus" as a group of
pupils walking to or from school with one or more supervising
adults, including parents, guardian, or teachers of a pupil who
is participating in the walking schoolbus. According to the
federal Centers for Disease Control and Prevention, there should
be one adult to supervise every six walkers. However, fewer
adults may be needed if the children are age 10 or older. This
bill does not specify appropriate adult/pupil ratios.
There are two programs administered by the California Department
of Transportation (Caltrans) that provide funds to incentivize
and enable pupils to walk and/or bike to and from school. The
state program, called the Safe Routes to School (SR2S) program,
provides approximately $23 million per year to cities and
counties for mostly infrastructure needs within the vicinity of
a school, such as constructing or rehabilitating sidewalks, bike
trails, light signals, safety lighting, and handicap ramps.
SR2S allows 10% of the funds to be expended for
non-infrastructure uses, such as conducting parent and community
outreach, advertising campaigns, or promoting walk-to-school
events.
The federal Safe Routes to School (SRTS) program provided $68
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million to California since 2005 for similar purposes. While
the SRTS allows funds to be used for infrastructure or
non-infrastructure purposes, infrastructure projects are
required to be within two miles of an elementary or middle
school. A bill to reauthorize the SRTS was recently introduced
in Congress.
The Caltrans Web site states that 30 years ago, 60% of children
living within a two-mile radius of a school walked or biked to
school. That number has dropped to less than 15% today.
Similarly, 5% of the children between the ages of 6 and 11 were
considered to be overweight or obese 30 years ago. Today, 20%
are considered overweight or obese.
The author states that "California should encourage more
children to walk to school and to promote exercise, reduce auto
traffic, and reduce congestion during drop-off and pickup times
at school sites. However, children must be safe at all times.
"Parents often cite safety issues as one of the primary reasons
they are reluctant to allow their children to walk to school.
Providing adult supervision may help reduce those worries for
families who live within walking distance to school."
This bill requires any adult and the parents or guardians of any
children participating in the walking schoolbus to sign a
consent form, which includes agreement to waive all claims
against the district or the state for any injury, accident,
illness, or death occurring during participation in the walking
schoolbus.
Nothing currently prohibits schools or parents or guardians from
establishing walking schoolbus programs. In some areas, such as
districts in Marin County, there are organized safe routes to
schools programs that promote carpooling, walking or biking to
school. The programs also provide training regarding pedestrian
and bicycle safety. This bill does not require training for any
adult leading a walking schoolbus.
The American Federation of State, County and Municipal Employees
(AFSCME) states, "AFSCME supports the protection of our pupils
from predators and commuters. By establishing a walking
schoolbus, school districts will increase the visibility of
small children, further sheltering them from harm. As a
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representative for working people, AFSCME views SB 315 as a
simple tool for schools and families to ensure the safety for
students and children."
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0001505