An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in pupils and attendance, further providing for when provided relating to transportation of pupils and for kinds of transportation and liability insurance; and, in charter schools, further providing for transportation.

PRINTER'S NO. 3367
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2491
Session of
2026
INTRODUCED BY MIHALEK, E. NELSON, ROWE, MAJOR, CUTLER, GAYDOS,
JAMES, ORTITAY, FEE, MUSTELLO, M. MACKENZIE AND KAIL,
MAY 6, 2026
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 6, 2026
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 provided relating to transportation of
pupils and for kinds of transportation and liability
insurance; and, in charter schools, further providing for
transportation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1361, 1362 and 1726-A 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 located within the
district boundaries or outside the district boundaries at a
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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. The
board of school directors shall provide free transportation of
any resident pupil attending a charter school in accordance with
section 1726-A.
[(2) The board of school directors in any school district
may, if the board deems it to the best interest of the school
district, for the purposes of transporting pupils as required or
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authorized by any of the provisions of this act or of any other
act of the Assembly, appropriate funds for urban common carrier
mass transportation purposes from current revenues to urban
common carrier mass transportation authorities to assist the
authorities to meet costs of operation, maintenance, capital
improvements, and debt service. Said contributions shall not be
subject to reimbursement by the Commonwealth of Pennsylvania.
(3) The State Board of Education shall adopt regulations,
including qualifications of school bus drivers, to govern the
transportation of school pupils.]
Section 1362. Kinds of Transportation; Liability
Insurance.--(a) The free transportation of pupils, as required
or authorized by this act, or any other act, may be furnished by
using either school conveyances, private conveyances, or
electric railways, or other common carriers, when the total
distance which any pupil must travel by the public highway to or
from school, in addition to such transportation, does not exceed
one and one-half (1 1/2) miles, and when stations or other
proper shelters are provided for the use of such pupils where
needed, and when the highway, road, or traffic conditions are
not such that walking constitutes a hazard to the safety of the
child, as so certified by the Department of Transportation. The
Department of Transportation shall take into account the
presence of sidewalks along the highway, but such presence or
lack thereof shall not be controlling and the department shall
consider all relevant safety factors in making its determination
as to whether or not walking constitutes a hazard to pupils. All
private motor vehicles employed in transporting pupils for hire
shall be adequately covered by public liability insurance in
such amount as the board of school directors shall require.
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(b) When free transportation is provided to resident pupils
attending a district school, charter school, regional charter
school or approved private school, no pupil in kindergarten
through grade six shall be transported via any common carrier.
Section 1726-A. Transportation.--(a) Students who attend a
charter school located in their school district of residence, a
regional charter school of which the school district is a part
or a charter school located outside district boundaries at a
distance not exceeding ten (10) miles by the nearest public
highway shall be provided free transportation under the same
terms and conditions, including mode of transportation, as
transportation is provided to students attending the schools of
the district to the charter school by their school district of
residence on such dates and periods that the charter school is
in regular session whether or not transportation is provided on
such dates and periods to students attending schools of the
district. Transportation is not required for elementary
students, including kindergarten students, residing within one
and one-half (1.5) miles or for secondary students. [residing
within two (2) miles of the nearest public highway from the
charter school in which the students are enrolled unless the
road or traffic conditions are such that walking constitutes a
hazard to the safety of the students when so certified by the
Department of Transportation, except that if the school district
provides transportation to the public schools of the school
district for elementary students, including kindergarten
students, residing within one and one-half (1.5) miles or for
secondary students residing within two (2) miles of the nearest
public highway under nonhazardous conditions, transportation
shall also be provided to charter schools under the same
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conditions. Districts providing transportation to a charter
school outside the district and, for the 2007-2008 school year
and each school year thereafter, districts providing
transportation to a charter school within the district shall be
eligible for payments under section 2509.3 for each public
school student transported.
(a.1) In addition to any other requirements in this section,
school districts of the first class shall provide transportation
to students who attend a charter school if they are the same age
or are enrolled in the same grade, grades or their grade
equivalents as any of the students of the school district for
whom transportation is provided under any program or policy to
the schools of the school district.
(b) In the event that the Secretary of Education determines
that a school district is not providing the required
transportation to students to the charter school, the Department
of Education shall pay directly to the charter school funds for
costs incurred in the transportation of its students. Payments
to a charter school shall be determined in the following manner:
for each eligible student transported, the charter school shall
receive a payment equal to the total expenditures for
transportation of the school district divided by the total
number of school students transported by the school district
under any program or policy.
(c) The department shall deduct the amount paid to the
charter school under subsection (b) from any and all payments
made to the district.
(d) A school district of the first class shall submit a copy
of its current transportation policy to the department no later
than August 1 of each year.]
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Section 2. This act shall take effect in 60 days.
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