| (a) General provisions. This section implements the
Texas Education Code (TEC), §48.151(d)-(d-2) (Transportation
Allotment), which allows a school district to apply for up to an additional
10% of its regular transportation allotment to be used for the transportation
of students living within two miles of the school they attend who
would be subject to hazardous traffic conditions or a high risk of
violence if they walked to school.
(b) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) School district--For the purposes of this section,
the definition of a school district includes an open-enrollment charter
school.
(2) Hazardous traffic condition--An area within two
miles of a campus where no walkway is provided and children must walk
along or cross a freeway or expressway, an underpass, an overpass
or a bridge, an uncontrolled major traffic artery, an industrial or
commercial area, or another comparable condition.
(3) Area presenting a high risk of violence--An area
within two miles of a campus that law enforcement records indicate
presents a high incidence of violent crimes.
(c) Eligibility. A school district or county is eligible
to report Hazardous Area Service Annual Mileage in the Foundation
School Program (FSP) Transportation application if the school district
submits to the Texas Education Agency (TEA) a policy adopted by the
local board of trustees that:
(1) explains the specific hazardous traffic conditions
or areas presenting high risk for violence that apply to the district
and exist within two miles of its campuses; and
(2) if a school district elects to implement community
walking transportation programs or innovative school safety projects,
requires such district-supported community walking transportation
programs or innovative school safety projects to:
(A) utilize trained adults with current background
checks to either walk students to their home or school or to stand
guard along safe routes; and
(B) provide financial reports to the district each
semester.
(d) Reporting. School districts are required to submit
a Hazardous Area Policy prior to the start of the school year and
to report annual Hazardous Area Service mileage by August 1 of each
school year on the Home-to-School/School-to-Home section of the FSP
Transportation Route Services Report. School districts requesting
funds for an area presenting a high risk of violence must provide
to TEA, contemporaneously with the explanation required by subsection
(c) of this section, consolidated law enforcement records that document
violent crimes identified by reporting agencies within the relevant
jurisdiction.
(e) Funding formula. Funding for hazardous traffic
and high-risk-of-violence routes is limited to 10% of the district's
two or more mile only service. Hazardous transportation funding for
students riding the bus will be calculated at the standard rate for
regular transportation services. Funding for high-risk-of-violence
walking areas will be calculated at the regular route services rate
of $1.00 per mile.
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