Report Title:

Student Transportation

 

Description:

Allows the DOE to provide suitable student transportation to and from not-for-profit private and sectarian elementary schools and secondary schools, provided that eligibility for such transportation has been determined in a nondiscriminatory manner on the basis of neutral, secular criteria. (SD1)

 

THE SENATE

S.B. NO.

2896

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 302A-406, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-406[]] Transportation of school children. (a) The department may provide suitable transportation to and from school and for educational field trips for [all] public school children in grades kindergarten to twelve and in special education classes. The department shall adopt such policy, procedure, and program as it deems necessary to provide suitable transportation. In formulating the policy, procedure, and program, the department shall consider [the]:

(1) The school district; [the]

(2) The school attendance area in which a public school child normally resides; [the]

(3) The distance the public school child lives from the school; [the]

(4) The availability of public carriers or other means of transportation; [the]

(5) The frequency, regularity, and availability of public transportation; and [the]

(6) The grade level, physical handicap, or special learning disability of a public school child[, and it].

The department may also consider such conditions and circumstances unique or peculiar to a county or area.

(b) Notwithstanding subsection (a) to the contrary, the department may provide suitable student transportation to and from not-for-profit private and sectarian elementary schools and secondary schools in order to facilitate compliance with the state compulsory attendance law and to provide access to equal educational opportunity without undue transportation hardships; provided that:

(1) Eligibility for such transportation has been determined in a nondiscriminatory manner on the basis of neutral, secular criteria;

(2) The provision of such transportation will not result in additional costs to the State, as determined by the department;

(3) The availability of such transportation shall be provided on a space available basis to students of not-for-profit private and sectarian elementary schools and secondary schools; and

(3) The students of not-for-profit private and sectarian elementary schools and secondary schools shall:

(A) Not be eligible for transportation services unless cost-neutral services may be provided by the department; and

(B) Pay bus fares at fair market value, as determined by the department.

[(b)] (c) The department shall adopt rules under chapter 91 governing the supervision and administration of the transportation of school children under [this section.] subsections (a) and (b)."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2003.