HB 2491 — 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
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in pupils and attendance, further
 6      providing for when provided relating to transportation of
 7      pupils and for kinds of transportation and liability
 8      insurance; and, in charter schools, further providing for
 9      transportation.
10      The General Assembly of the Commonwealth of Pennsylvania
11   hereby enacts as follows:
12      Section 1.    Sections 1361, 1362 and 1726-A of the act of
13   March 10, 1949 (P.L.30, No.14), known as the Public School Code
14   of 1949, are amended to read:
15      Section 1361.    When Provided.--[(1)]   The board of school
16   directors in any school district may, out of the funds of the
17   district, provide for the free transportation of any resident
18   pupil to and from the kindergarten, elementary school, or
19   secondary school in which he is lawfully enrolled, provided that
20   such school is not operated for profit and is located within the
21   district boundaries or outside the district boundaries at a
 1   distance not exceeding ten miles by the nearest public highway,
 2   except that such ten-mile limit shall not apply to area career
 3   and technical schools which regularly serve eligible district
 4   pupils or to special schools and classes approved by the
 5   Department of Education, and to and from any points within or
 6   without the Commonwealth in order to provide field trips for any
 7   purpose connected with the educational pursuits of the pupils.
 8   When provision is made by a board of school directors for the
 9   transportation of public school pupils to and from such schools
10   or to and from any points within or without the Commonwealth in
11   order to provide field trips as herein provided, the board of
12   school directors shall also make identical provision for the
13   free transportation of pupils who regularly attend nonpublic
14   kindergarten, elementary and high schools not operated for
15   profit to and from such schools or to and from any points within
16   or without the Commonwealth in order to provide field trips as
17   herein provided. Such transportation of pupils attending
18   nonpublic schools shall be provided during regular school hours
19   on such dates and periods that the nonpublic school not operated
20   for profit is in regular session, according to the school
21   calendar officially adopted by the directors of the same in
22   accordance with provisions of law. The board of school directors
23   shall provide such transportation whenever so required by any of
24   the provisions of this act or of any other act of Assembly. The
25   board of school directors shall provide free transportation of
26   any resident pupil attending a charter school in accordance with
27   section 1726-A.
28      [(2)   The board of school directors in any school district
29   may, if the board deems it to the best interest of the school
30   district, for the purposes of transporting pupils as required or

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 1   authorized by any of the provisions of this act or of any other
 2   act of the Assembly, appropriate funds for urban common carrier
 3   mass transportation purposes from current revenues to urban
 4   common carrier mass transportation authorities to assist the
 5   authorities to meet costs of operation, maintenance, capital
 6   improvements, and debt service. Said contributions shall not be
 7   subject to reimbursement by the Commonwealth of Pennsylvania.
 8      (3)   The State Board of Education shall adopt regulations,
 9   including qualifications of school bus drivers, to govern the
10   transportation of school pupils.]
11      Section 1362.    Kinds of Transportation; Liability
12   Insurance.--(a)    The free transportation of pupils, as required
13   or authorized by this act, or any other act, may be furnished by
14   using either school conveyances, private conveyances, or
15   electric railways, or other common carriers, when the total
16   distance which any pupil must travel by the public highway to or
17   from school, in addition to such transportation, does not exceed
18   one and one-half (1 1/2) miles, and when stations or other
19   proper shelters are provided for the use of such pupils where
20   needed, and when the highway, road, or traffic conditions are
21   not such that walking constitutes a hazard to the safety of the
22   child, as so certified by the Department of Transportation. The
23   Department of Transportation shall take into account the
24   presence of sidewalks along the highway, but such presence or
25   lack thereof shall not be controlling and the department shall
26   consider all relevant safety factors in making its determination
27   as to whether or not walking constitutes a hazard to pupils. All
28   private motor vehicles employed in transporting pupils for hire
29   shall be adequately covered by public liability insurance in
30   such amount as the board of school directors shall require.

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 1      (b)   When free transportation is provided to resident pupils
 2   attending a district school, charter school, regional charter
 3   school or approved private school, no pupil in kindergarten
 4   through grade six shall be transported via any common carrier.
 5      Section 1726-A.   Transportation.--(a)   Students who attend a
 6   charter school located in their school district of residence, a
 7   regional charter school of which the school district is a part
 8   or a charter school located outside district boundaries at a
 9   distance not exceeding ten (10) miles by the nearest public
10   highway shall be provided free transportation under the same
11   terms and conditions, including mode of transportation, as
12   transportation is provided to students attending the schools of
13   the district to the charter school by their school district of
14   residence on such dates and periods that the charter school is
15   in regular session whether or not transportation is provided on
16   such dates and periods to students attending schools of the
17   district. Transportation is not required for elementary
18   students, including kindergarten students, residing within one
19   and one-half (1.5) miles or for secondary students. [residing
20   within two (2) miles of the nearest public highway from the
21   charter school in which the students are enrolled unless the
22   road or traffic conditions are such that walking constitutes a
23   hazard to the safety of the students when so certified by the
24   Department of Transportation, except that if the school district
25   provides transportation to the public schools of the school
26   district for elementary students, including kindergarten
27   students, residing within one and one-half (1.5) miles or for
28   secondary students residing within two (2) miles of the nearest
29   public highway under nonhazardous conditions, transportation
30   shall also be provided to charter schools under the same

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 1   conditions. Districts providing transportation to a charter
 2   school outside the district and, for the 2007-2008 school year
 3   and each school year thereafter, districts providing
 4   transportation to a charter school within the district shall be
 5   eligible for payments under section 2509.3 for each public
 6   school student transported.
 7      (a.1)   In addition to any other requirements in this section,
 8   school districts of the first class shall provide transportation
 9   to students who attend a charter school if they are the same age
10   or are enrolled in the same grade, grades or their grade
11   equivalents as any of the students of the school district for
12   whom transportation is provided under any program or policy to
13   the schools of the school district.
14      (b)   In the event that the Secretary of Education determines
15   that a school district is not providing the required
16   transportation to students to the charter school, the Department
17   of Education shall pay directly to the charter school funds for
18   costs incurred in the transportation of its students. Payments
19   to a charter school shall be determined in the following manner:
20   for each eligible student transported, the charter school shall
21   receive a payment equal to the total expenditures for
22   transportation of the school district divided by the total
23   number of school students transported by the school district
24   under any program or policy.
25      (c)   The department shall deduct the amount paid to the
26   charter school under subsection (b) from any and all payments
27   made to the district.
28      (d)   A school district of the first class shall submit a copy
29   of its current transportation policy to the department no later
30   than August 1 of each year.]

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1     Section 2.    This act shall take effect in 60 days.




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