CHAPTER 49

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 234

AN ACT TO AMEND CHAPTER 41 AND CHAPTER 29, TITLE 14 OF THE DELAWARE CODE RELATING TO THE TRANSPORTATION OF PUPILS TO AND FROM SCHOOL; AND PROVIDING FOR A CHOICE BETWEEN PRIVATE TRANSPORTATION AND BUS TRANSPORTATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 41, Part I, Title 14 of the Delaware Code by adding thereto a new section, designated as §4115, which new section shall read as follows:

"§4115. Choice of Transportation

The school board of each school district shall have authority to offer, to each student within that district who is licensed to drive a motor vehicle, a choice between driving a private vehicle to the school and transportation to the school by the school bus; provided however, that those who choose to drive a private vehicle shall not be transported by a school bus, and those who choose to be transported by a school bus shall not be permitted to park on school grounds. Each school board shall have authority to permit the principal of each school affected by this section to issue passes for school bus transportation to certain pupils who have chosen to drive a private vehicle, for use on a temporary and emergency basis; and may give each such principal the power to set aside a specific number of parking places, for use on a temporary and emergency basis by pupils who originally chose transportation by school bus."

Section 2. Amend Chapter 29, Part I, Title 14 of the Delaware Code by adding thereto a new section, designated as §2909, which new section shall read as follows: •

"§2909. Transportation of Certain Pupils

Each local Board of Education may adopt and enforce rules and regulations whereby pupils may elect to waive bus transportation to and from school in favor of another form of transportation. Any contract between the State Board of Education and a supplier of bus transportation, or between a local school board and a supplier of bus transportation, shall be based upon the number of students who elect to be transported by bus; and shall not be based upon the total number of students in the school or school district."

Approved July 1, 1989.