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 and for kinds of transportation and liability insurance; and, in charter schools, further providing for transportation.

PRINTER'S NO. 1708
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1325
Session of
2026
INTRODUCED BY KEEFER, MAY 7, 2026
REFERRED TO EDUCATION, MAY 7, 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 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(1), 1362 and 1726-A(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
distance not exceeding ten miles by the nearest public highway,
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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.
* * *
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
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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.
(b) When free transportation is provided to resident pupils
attending a district school, charter school, regional charter
school, nonpublic school or approved private school, a pupil in
kindergarten through grade eight (8) may not be transported via
a 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
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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 terms
and conditions[.], including mode of transportation, as
transportation is provided to students attending the schools of
the district. 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.
* * *
Section 2. This act shall take effect in 30 days.
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