2022 -- H 7914

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LC005291

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

     

     Introduced By: Representatives Tanzi, Felix, McGaw, Ajello, Batista, Donovan, Ranglin-
Vassell, and Cortvriend

     Date Introduced: March 07, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-21-1 of the General Laws in Chapter 16-21 entitled "Health and

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Safety of Pupils" is hereby amended to read as follows:

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     16-21-1. Transportation of public and private school pupils.

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     (a) The school committee of any town or city shall provide suitable transportation, that may

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include, but is not limited to, pupil transportation vehicles as defined in § 31-22.1-1, to and from

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school for pupils attending public and private schools of elementary and high school grades, except

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private schools that are operated for profit, who reside so far from the public or private school that

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the pupil attends as to make the pupil's regular attendance at school impractical and for any pupil

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whose regular attendance would otherwise be impracticable on account of physical disability or

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infirmity. Provided, effective July 1, 2022, the costs to the school committees for providing the

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transportation services required by this section shall be reimbursed to the appropriate school

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committees by the state.

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     (1) The school committee of any town or city using a pupil transportation vehicle as defined

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in § 31-22.1-1 shall comply with the requirements of subsection (b) of this section, notwithstanding

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the provisions of § 31-22.1-3(6).

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     (b) For transportation provided to children enrolled in grades kindergarten through five (5),

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school bus monitors, other than the school bus driver, shall be required on all school-bound and

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home-bound routes. Variances to the requirement for a school bus monitor may be granted by the

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commissioner of elementary and secondary education if he or she finds that an alternative plan

 

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provides substantially equivalent safety for children. For the purposes of this section a "school bus

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monitor" means any person sixteen (16) years of age or older.

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     (c) No school committee shall negotiate, extend, or renew any transportation contract

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unless such contract enables the district to participate in the statewide transportation system,

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without penalty to the district, upon implementation of the statewide transportation system

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described in §§ 16-21.1-7 [repealed] and 16-21.1-8. Notice of the implementation of the statewide

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transportation system for in-district transportation shall be provided in writing by the department

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of elementary and secondary education to the superintendent of each district upon implementation.

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Upon implementation of the statewide system of transportation for all students, each school

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committee shall purchase transportation services for its own resident students by accessing the

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statewide system on a fee-for-service basis for each student; provided, however, that any school

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committee that fulfills its transportation obligations primarily through the use of district-owned

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buses or district employees may continue to do so. Variances to the requirement for the purchase

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of transportation services through the statewide transportation system for non-public and non-

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shared routes may be granted by the commissioner of elementary and secondary education if the

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commissioner finds that an alternative system is more cost effective. All fees paid for transportation

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services provided to students under the statewide system shall be paid into a statewide student

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transportation services restricted receipt account within the department of elementary and

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secondary education. Payments from the account shall be limited to payments to the transportation

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service provider and transportation system consultants. This restricted receipt account shall not be

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subject to the indirect cost recoveries provisions set forth in § 35-4-27.

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     (d) No school committee shall negotiate, extend, or renew any school transportation service

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contract unless the contract provides for payments to school bus drivers, attendants, monitors, and

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aides for one hundred and eighty (180) days or the length of the contracted-for school year,

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whichever is longer.

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     (e) With respect to any contract entered into under this section, a school committee or local

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education agency shall give a preference in contract and/or subcontract awards to the public

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transportation provider that uses electric buses to the greatest extent. This preference shall be given

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equal weight to any other preferences available to vendors.

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     (f) With respect to any contract entered into under this section, no school committee or

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local education agency ("LEA") shall take any adverse disciplinary action against any school bus

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driver, attendant, monitor, or aide covered by a collective bargaining agreement prior to any

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investigation or action taken by the contracting entity as provided for in the collective bargaining

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agreement. Nor shall the school committee or LEA impose discipline in excess of what is provided

 

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for in the governing collective bargaining agreement.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

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     This act would provide that the state would reimburse the school committees for the costs

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of providing student transportation to public and private school pupils.

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     This act would take effect upon passage.

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