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PRIOR PRINTER'S NO. 1518 PRINTER'S NO. 1647
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1326
Session of
2025
INTRODUCED BY FRIEL, SCHLEGEL, CERRATO, HILL-EVANS, DONAHUE,
SANCHEZ, MAYES, OTTEN, McNEILL, MALAGARI, K.HARRIS AND
CEPEDA-FREYTIZ, APRIL 28, 2025
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 7, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, further
providing for when transportation provided and for
computation of distances; and, in reimbursements by
Commonwealth and between school districts, providing for
pupil transportation data.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1361(1) and 1366 of the act of March 10,
1949 (P.L.30, No.14), known as the Public School Code of 1949,
are amended to read:
Section 1361. When Provided.--(1) The board of school
directors in any school district may, out of the funds of the
district, provide for the free transportation of any resident
pupil to and from the kindergarten, elementary school, or
secondary school in which he is lawfully enrolled, provided that
such school is not operated for profit and is either located
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within the district boundaries or located within this
Commonwealth but outside the district boundaries at a distance
not exceeding ten miles by the nearest public highway, except
that such ten-mile limit shall not apply to area career and
technical schools which regularly serve eligible district pupils
or to special schools and classes approved by the Department of
Education, and to and from any points within or without the
Commonwealth in order to provide field trips for any purpose
connected with the educational pursuits of the pupils. When
provision is made by a board of school directors for the
transportation of public school pupils to and from such schools
or to and from any points within or without the Commonwealth in
order to provide field trips as herein provided, the board of
school directors shall also make identical provision for the
free transportation of pupils who regularly attend nonpublic
kindergarten, elementary and high schools not operated for
profit to and from such schools or to and from any points within
or without the Commonwealth in order to provide field trips as
herein provided. Such transportation of pupils attending
nonpublic schools shall be provided during regular school hours
on such dates and periods that the nonpublic school not operated
for profit is in regular session, according to the school
calendar officially adopted by the directors of the same in
accordance with provisions of law. The board of school directors
shall provide such transportation whenever so required by any of
the provisions of this act or of any other act of Assembly.
* * *
SECTION 1. SECTION 1366 OF THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
AMENDED TO READ:
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Section 1366. Computation of Distances.--Where, by the terms
of this act, or any other act, any distance is specified between
the residence of any pupil and any public school to be attended
by him, or any transportation is provided for within or beyond
any particular distance, in computing such distance no allowance
shall be made for the distance that the dwelling house of the
pupil is situated off the public highway. All such distances
shall be computed by the public highway from the nearest point
where a private way or private road connects the dwelling house
of the pupil with the highway to the nearest point where said
highway touches the school grounds of the school to which the
pupil has been assigned. The computation of distances may be
made utilizing technology capable of accurate measurements of
distances. The Department of Education may not require manual
recording for distance reporting.
Section 2. The act is amended by adding a section to read:
Section 2541.1. Pupil Transportation Data.--(a) Beginning
with the information reported for the 2025-2026 school year and
each school year thereafter, each school entity entitled to
reimbursement on account of pupil transportation shall provide
in a format prescribed by the Department of Education, AND IN A
METHOD THAT IS NOT REDUNDANT OR OVERLY BURDENSOME FOR SCHOOL
ENTITIES, the following data pertaining to pupil transportation:
(1) For students enrolled in the school entity and eligible
to receive free pupil transportation services from the school
entity:
(i) The total number of students receiving pupil
transportation services from the school entity.
(ii) The total number of students experiencing homelessness
as defined in the McKinney-Vento Homeless Assistance Act (Public
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Law 100-77, 101 Stat. 482) and as determined by the school
entity. ENTITY, THE TOTAL NUMBER OF STUDENTS RECEIVING PUPIL
TRANSPO RTATION SERVICES FROM THE SCHOOL ENTITY.
(2) For each vehicle, an indicator of whether the vehicle
was used to provide extraordinary transportation established in
direct response to the severe health needs of the individual
student EXPENSES .
(3) For students enrolled in a charter school and eligible
to receive free pupil transportation services from the school
entity:
(i) The total number of students receiving pupil
transportation services from the school entity.
(ii) The total number of students experiencing homelessness
as defined in the McKinney-Vento Homeless Assistance Act and as
determined by the school entity.
(iii) (II) The school entity's pupil transportation
expenditures related to students enrolled in a charter school
and receiving pupil transportation services from the school
entity. The Department of Education shall provide guidance for
school entities on how to either track the actual costs to
transport charter school students or determine a method of
allocating a portion of the total transportation costs
applicable to the transportation of charter school students.
(4) For students enrolled in a nonpublic school and eligible
to receive free pupil transportation services from the school
entity:
(i) The total number of students receiving pupil
transportation services from the school entity.
(ii) The total number of students experiencing homelessness
as defined in the McKinney-Vento Homeless Assistance Act and as
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determined by the school entity.
(iii) (II) The school entity's pupil transportation
expenditures related to students enrolled in a nonpublic school
and receiving pupil transportation services from the school
entity. The Department of Education shall provide guidance for
school entities on how to either track the actual costs to
transport nonpublic school students or determine a method of
allocating a portion of the total transportation costs
applicable to the transportation of nonpublic school students.
(5) For students enrolled in the school entity, nonpublic
school or charter school and ineligible for reimbursement for
pupil transportation services but receive pupil transportation
services from the school entity:
(i) The total number of students receiving pupil
transportation services from the school entity.
(ii) The school entity's pupil transportation expenditures
related to students enrolled in the school entity, nonpublic
school or charter school and ineligible to receive free pupil
transportation services from the school entity but are receiving
pupil transportation services from the school entity. The
Department of Education shall provide guidance for school
entities on how to either track the actual costs to transport
ineligible students or determine a method of allocating a
portion of the total transportation costs applicable to the
transportation of ineligible students.
(6) FOR STUDENTS ENROLLED IN A SCHOOL ENTITY OR NONPUBLIC
SCHOOL LOCATED OUTSIDE OF THE BOUNDARIES OF THIS COMMONWEALTH
AND ELIGIBLE TO RECEIVE FREE PUPIL TRANSPORTATION SERVICES FROM
THE SCHOOL ENTITY:
(I) THE TOTAL NUMBER OF STUDENTS RECEIVING PUPIL
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TRANSPORTATION SERVICES FROM THE SCHOOL ENTITY.
(II) THE SCHOOL ENTITY'S PUPIL TRANSPORTATION EXPENDITURES
RELATED TO STUDENTS ENROLLED IN A SCHOOL ENTITY OR NONPUBLIC
SCHOOL LOCATED OUTSIDE OF THE BOUNDARIES OF THIS COMMONWEALTH
AND RECEIVING PUPIL TRANSPORTATION SERVICES FROM THE SCHOOL
ENTITY. THE DEPARTMENT OF EDUCATION SHALL PROVIDE GUIDANCE FOR
SCHOOL ENTITIES ON HOW TO EITHER TRACK THE ACTUAL COSTS TO
TRANSPORT THESE SCHOOL STUDENTS OR DETERMINE A METHOD OF
ALLOCATING A PORTION OF THE TOTAL TRANSPORTATION COSTS
APPLICABLE TO THE TRANSPORTATION OF STUDENTS ATTENDING A SCHOOL
ENTITY OR NONPUBLIC SCHOOL LOCATED OUTSIDE OF THE BOUNDARIES OF
THIS COMMONWEALTH.
(A.1) EACH SCHOOL ENTITY SHALL REPORT THE FOLLOWING:
(1) THE TOTAL NUMBER OF STUDENTS EXPERIENCING HOMELESSNESS
AT ANY POINT IN THE SCHOOL YEAR.
(2) THE TYPE OF SCHOOL ENTITY THAT THE STUDENTS EXPERIENCING
HOMELESSNESS WERE TRANSPORTED TO AND FROM, WHETHER THE STUDENT'S
SCHOOL OF ORIGIN OR OTHERWISE.
(3) THE NUMBER OF DAYS THE STUDENT EXPERIENCING HOMELESSNESS
WAS TRANSPORTED TO OR FROM THE SCHOOL ENTITY.
(b) Beginning with the 2025-2026 school year and each school
year thereafter, each school entity entitled to reimbursement on
account of pupil transportation shall provide in a format and
uniform standard prescribed by the Department of Education, AND
IN A METHOD THAT IS NOT REDUNDANT OR OVERLY BURDENSOME FOR
SCHOOL ENTITIES, a detailed breakdown of pupil transportation
expenditures as follows:
(1) For the expenditures reported under subsection (a)(3)
(iii) (A)(3)(II) :
(i) The name of each charter school to which a school entity
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transported resident students.
(ii) The number of charter school students the school entity
transported to each charter school listed under subparagraph
(i).
(iii) The transportation expenditures applicable to each
charter school listed under subparagraph (i).
(2) For the expenditures reported under subsection (a)(4)
(iii) (A)(4)(II) :
(i) The name of each nonpublic school to which a school
entity transported resident students.
(ii) The number of nonpublic school students the school
entity transported to each nonpublic school listed under
subparagraph (i).
(iii) The transportation expenditures applicable to each
nonpublic school listed under subparagraph (i).
(3) FOR THE EXPENDITURES REPORTED UNDER SUBSECTION (A)(6)
(II):
(I) THE NAME OF EACH SCHOOL ENTITY OR NONPUBLIC SCHOOL
LOCATED OUTSIDE OF THE BOUNDARIES OF THIS COMMONWEALTH TO WHICH
A SCHOOL ENTITY TRANSPORTED RESIDENT STUDENTS.
(II) THE TRANSPORTATION EXPENDITURES APPLICABLE TO EACH
SCHOOL ENTITY OR NONPUBLIC SCHOOL LOCATED OUTSIDE OF THE
BOUNDARIES OF THIS COMMONWEALTH LISTED UNDER SUBPARAGRAPH (I).
(c) The Department of Education shall annually post on its
publicly accessible Internet website the information and data
collected under this section.
(d) The Department of Education shall notify the chairman
and minority chairman of the Appropriations Committee of the
Senate, the chairman and minority chairman of the Appropriations
Committee of the House of Representatives, the chairman and
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minority chairman of the Education Committee of the Senate and
the chairman and minority chairman of the Education Committee of
the House of Representatives when the information is posted
under subsection (c).
(E) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
"EXTRAORDINARY TRANSPORTATION EXPENSES" SHALL MEAN WHEELCHAIR
BUS, VAN OR TRANSPORTATION ESTABLISHED IN DIRECT RESPONSE TO THE
SEVERE HEALTH NEEDS OF AN INDIVIDUAL STUDENT.
Section 3. Any regulation inconsistent with the amendment or
addition of sections 1366 and 2541.1 of the act is abrogated to
the extent of the inconsistency.
Section 4. This act shall take effect July 1, 2025, or
immediately, whichever is later.
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