Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The first paragraph of section 7A of chapter 71 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following two sentences:- The state treasurer shall annually, on or before November twentieth, pay to the several towns subject to appropriation, the sums required as reimbursement for expenses approved by the commissioner of education, incurred by any town for the transportation of pupils not more than twice daily between any school within the town, or in another town, and the pupil's home, a day care facility licensed or registered by the office for children, or a day care facility which is part of a public school system or a private, organized educational system, in accordance with standards approved by the school committee, in excess of five dollars per annum per pupil in the net average membership of such town; provided, however, that (a) no reimbursement for transporting a pupil between school and home shall be made on account of any pupil who resides less than one and one-half miles from the school which he attends, measured by a commonly traveled route; (b) no reimbursement for transporting a pupil between school and a day care facility licensed or registered by the office for children or a day care facility which is part of a public school system or a private, organized educational system, shall be made if the distance between the school and said facility is less than one and one-half miles, measured by a commonly traveled route, nor for transportation to a day care facility located outside the boundaries of the school district; (c) the amount of grant, per pupil, for transportation to private schools in towns which furnish such transportation, shall not exceed the amount of grant per pupil for transportation to public schools and (d) no contract shall be awarded except upon the basis of prevailing wage rates, as hereinafter provided, and of sealed bids, and the school committee shall, in the event that a contract is awarded to other than the lowest bidder, file with the department a written statement giving its reasons therefor, which statement shall be open to public inspection. Nothing in this paragraph shall be construed to mean that, with the consent of a pupil's parent or guardian, a school committee is in any way prohibited from providing transportation for a pupil to any location.

SECTION 2. Section 16C of said chapter 71, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following two sentences:- The regional school district shall be subject to all laws pertaining to school transportation; and when the agreement provides for the furnishing of transportation by the regional school district, the commonwealth shall reimburse such district to the full extent of the amounts expended for such transportation; provided, however, that no reimbursement for transportation between school and home shall be made on account of any pupil who resides less than one and one-half miles from the school of attendance, measured by a commonly traveled route. The commonwealth shall further reimburse such district to the full extent of the amounts expended for the transportation of pupils between school and a day care facility licensed or registered by the office for children or a day care facility which is part of a public school system or a private, organized educational system, in accordance with standards approved by the school committee; provided, however, that no reimbursement shall be made if the distance between the school and said facility is less than one and one-half miles, measured by a commonly traveled route, nor shall reimbursement be provided for transportation to a day care facility located outside the boundaries of the regional school district.

SECTION 3. The provisions of this act relative to day care transportation shall apply in a city, town or regional school district after acceptance by a majority vote of the city council with the approval of the mayor, in the case of a city with a Plan A, Plan B or Plan F charter; by a majority vote of the city council, in the case of a city with a Plan C, Plan D or Plan E charter; by a majority vote of the annual town meeting or a special meeting called for the purpose, in the case of a municipality with a town meeting form of government; or by a majority vote of the town council, in the case of a municipality with a town council form of government; or by a majority vote of the school committee and by majority vote of two-thirds of the appropriating authorities of the member cities and towns, in the case of a regional school district.

SECTION 4. Reimbursement provided to cities, towns, and regional school districts for transportation costs provided pursuant to section seven A and section sixteen C of chapter seventy-one of the General Laws shall not be reduced as a result of cost savings realized by a city, town, or regional school district in implementing a program to transport students to day care services pursuant to said section seven A and said section sixteen C.