[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 696 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 696

 To amend the Elementary and Secondary Education Act of 1965 regarding 
             the transfer of students from certain schools.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 5, 2005

   Mr. Burns introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Elementary and Secondary Education Act of 1965 regarding 
             the transfer of students from certain schools.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Schools Geography Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) There are significant differences between urban and 
        rural school districts with regard to student transportation, 
        distances between schools and school districts, and school of 
        choice options. Local educational agencies (LEAs) in rural 
        areas often have only 1 school servicing a particular grade-
        level, and the distance between these schools is often much 
        greater than in urban areas. These differences are not 
        addressed by existing guidelines under the Elementary and 
        Secondary Education Act of 1965.
            (2) In 2000, rural schools (those in communities with 
        populations below 2,500) taught 32 percent of the children in 
        the United States, but rural schools accounted for 
        $5,670,000,000 of the Nation's spending on school 
        transportation, or nearly half of such spending.
            (3) Rural transportation costs, per-pupil, are double that 
        of urban transportation costs. As a percentage of total 
        spending, rural areas spend 77 percent more than urban areas 
        for education transportation.
            (4) Commutes in rural areas are much more likely to be on 
        rougher, unpaved roads. This not only undermines the physical 
        health of the students, but makes transportation during poor 
        weather much more difficult or impossible. Students with longer 
        commutes are more likely to miss school because of inclement 
        weather. School attendance is an important factor in school 
        performance.
            (5) School students who have long commutes actively avoid 
        advanced and high-level courses because they do not have time 
        for the extra homework. This self-imposed restriction retards 
        maximization of educational potential.
            (6) Students with long commutes are less likely to engage 
        in in-home and out-of-home activities, such as family dinners, 
        after-school jobs, and athletic or musical extracurricular 
        activities. Participation in these activities benefits overall 
        educational progress.
            (7) Section 1116(b)(10)(C) of the Elementary and Secondary 
        Education Act of 1965 instructs that the lowest achieving 
        children be given priority for out-of-district transportation. 
        Thus, the negative impacts of long commutes disproportionately 
        affect the very students who need the most help.

SEC. 3. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
              1965.

    Section 1116 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6316) is amended by adding at the end the following:
    ``(i) Geography Limits.--Notwithstanding subsections (b) and (c), a 
local educational agency shall not be required to provide a student the 
option to transfer to another school pursuant to this section if 
providing the option is impractical due to the distance to be traveled, 
a geographical barrier or hazard, the duration of the travel, or an 
unusually high cost of travel.''.

SEC. 4. ADMINISTRATION.

    The Secretary of Education, not later than 180 days after the date 
of enactment of this Act, shall promulgate such regulations as the 
Secretary determines necessary to implement this Act.

SEC. 5. EFFECTIVE DATE.

    The amendment made by section 3 shall take effect on the first July 
1 that occurs after the date of enactment of this Act.
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