SB 5128 — Concerning student transportation funding during a local, state, or national emergency.

S-0508.1S-0220.2 SUBSTITUTE SENATE BILL 5128 State of Washington 67th Legislature 2021 Regular Session By Senate Early Learning & K-12 Education (originally sponsored by Senators Wellman, Wilson, C., Conway, Dhingra, Hunt, Keiser, Lovelett, Nguyen, and Saldaña)Saldaña READPrefiled FIRST01/08/21. TIME 01/21/21.

Read first time 01/11/21.

Referred to Committee on Early Learning & K-12 Education.

1 SSBSB 5128 model does not reflect the same flexibility necessary to adapt to temporary remote instruction.

(1) If a school or school district is providing full remote or partial remote instruction under the authority of RCW 28A.150.290 due to a local, state, or national emergency that causesmakes full in-person instruction in a substantialschool disruptionbuilding dangerous to fullthe in-personhealth instruction,or safety of the students and staff, then the following provisions apply:

(a)(i)(a) The district's annual student transportation allocation is either 70 percent of the district's estimated allocation for that school year assuming full in-person instruction, as determined by the superintendent of public instruction, orrather than the amount the district would receive under the allocation formula provided in RCW 28A.160.192,28A.160.192. whichever is greater.

If athe districtfinal isallowable providingexpenditures fullfor in-personstudent instructiontransportation tooperations atare leastless 50than percentthe ofamount enrolledallocated studentsin atthis subsection (1), the timeoffice of the annualsuperintendent studentof transportationpublic allocationinstruction isshall calculated,recover the percentagedifference usedbetween for the allocationamounts calculationoriginally isallotted 80and percentthe ratherfinal thanallowable 70expenditures percent.for pupil transportation operations.

(ii)(b) IfThe a district ismay receivinguse allocationsstudent undertransportation theallocations alternativeto formulaprovide provided in this section, rather than the allocationfollowing formulaexpanded providedservices into RCWstudents, 28A.160.192,regardless andof the district provides full in-person p.

2 SSBSB 5128 instructionwhether tothose atstudents leastwould 50qualify percentas ofeligible enrolled students on the enrollment count day of any month, the district's annual student transportation allocation provided under thisRCW section28A.160.160: is 80 percent for the duration of the school year.

(iii) If the final allowable expenditures for student transportation operations are less than the amount allocated in this subsection (1), the office of the superintendent of public instruction shall recover the difference between the amounts originally allotted and the final allowable expenditures for pupil transportation operations.

(b) In addition to the transportation services allowed under this chapter, the district may use student transportation allocations to provide the following expanded services to students, regardless of whether those students would qualify as eligible students under RCW 28A.160.160:

(c) NothingSchool indistricts thisshould sectionmaximize isefficiencies intendedin tothe limituse aof district'stheir ability to use transportation allocationssystem to paydeliver forthe fixedservices transportationto costs,students suchunder asthe schoolprovisions busof maintenancethis andsection. basic administrative, regulatory, safety, or operational expenses.

(3)(a) If a district provides expanded services under subsection (1)(b) of this section and, as a result of providing such services, the district's total transportation expenditures exceed 70 percent of its budgeted p.allocation, the district may be eligible for additional transportation funding.

3(b) SSBTo 5128be allocationeligible asfor determinedadditional transportation funding, the school district must report, in subsectionaccordance (1)(a)with statewide accounting guidance, the amount of thisthe section,overexpenditure and the districtspecific mayactivities beor eligibleservices forauthorized additionalunder transportationsubsection safety(1)(b) netof awardthis funding.section that created the overexpenditure.

A(c) districtTo isthe notextent eligiblenecessary, forthe safetyoffice netof awardthe fundingsuperintendent underof thispublic sectioninstruction ifshall itaward receivesadditional allocationstransportation underfunding theto allocationschool formuladistricts providedfor ineligible RCWoverexpenditures. 28A.160.192.

(b) To be eligible for additional transportation safety net award funding, the school district must report, in accordance with statewide accounting guidance, the amount of the overexpenditure and the specific activities or services authorized under subsection (1)(b) of this section that created the overexpenditure.

The office of the superintendent of public instruction shall request from school districts an application for pupil transportation safety net funding no later than May 1st.

The application must contain the anticipated allowable costs provided in this section through the end of the current school year.

(c) To the extent necessary and subject to amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall award additional transportation safety net award funding to school districts for eligible overexpenditures.

Thep. office of the superintendent of public instruction shall make allocations to applicant school districts by June 1st based on the anticipated allowable costs submitted, prorated proportionally.

Final3 adjustmentsSB to5128 reflectSec. demonstrated costs must occur by August 31st.

The office of the superintendent of public instruction shall adjust final allocations to reflect the demonstrated costs and shall recover any safety net award funds in excess of allowable costs.

Sec.

(1)(a) The number of eligible students transported to and from school as provided for in RCW 28A.160.150, along with identification of stop locations and school locations, and (b) the number of miles p.driven for pupil transportation services as authorized in RCW 28A.160.150 the previous school year;

4 SSB 5128 driven for pupil transportation services as authorized in RCW 28A.160.150 the previous school year;

(b)p. The formula must allocate funds to school districts based on the average predicted costs of transporting students to and from school, using a regression analysis.

4 SB 5128 (b) The formula must allocate funds to school districts based on the average predicted costs of transporting students to and from school, using a regression analysis.

Employee compensation costs included in the allowable transportation expenditures used for the purpose of establishing each school district's independent variable in the regression analysis shall be limited to the base salary or hourly wage rates, fringe benefit p.rates, and applicable health care rates provided in the omnibus appropriations act.

5 SSB 5128 rates, and applicable health care rates provided in the omnibus appropriations act.

(3) If a school or school district is providing full remote or partial remote instruction under the authority of RCW 28A.150.290 due to a local, state, or national emergency that causesmakes full in-person instruction in a substantialschool disruptionbuilding dangerous to fullthe in-personhealth instruction,or safety of the students and staff, the superintendent of public instruction shall use the allocation formula described in section 2(1)(a) of this act rather than the formula described in this section.

(4)p. If a school or school district provided full remote or partial remote instruction under the authority of RCW 28A.150.290 due to a local, state, or national emergency that caused a substantial disruption to full in-person instruction, the superintendent of public instruction may use the student transportation data from the last reporting period in which the school district provided full in- person instruction to calculate transportation allocations.

Such5 SB 5128 (4) If a school or school district provided full remote or partial remote instruction under the authority of RCW 28A.150.290 due to a local, state, or national emergency that made full in-person instruction in a school building dangerous to the health or safety of the students and staff, and that emergency is resolved, the superintendent of public instruction may use the student transportation data p.from the last reporting period in which the school district provided full in-person instruction to calculate transportation allocations.

6Such SSBdata 5128 may only be used until the subsequent reporting period when updated ridership data is available.

76 SSBSB 5128