Pennsylvania HB 2491: An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, providing for emergency COVID-19 provisions.

Bill Text

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 n