SB 2395

THE SENATE
S.B. NO.
2395
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to student transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� This Act shall be known and may be cited as
the "Hawaii Free School Bus Access for Low-income Students Act".
���� SECTION 2.� The legislature finds that the department of
education provides regular bus service for qualified public school students to
facilitate compliance with the State's compulsory attendance law and
transportation of school children law, as well as with federal law relating to
the provision of a free and appropriate education.� The legislature further finds that the school
bus service provided by the department of education is crucial for getting
students to and from school, particularly for students who do not have other
transportation options or face hardship in obtaining school transportation
services due to economic difficulty.�
Students from low-income families may face additional transportation
barriers that limit consistent school attendance and access to educational
opportunities.
���� The legislature further finds that
access to school bus service is currently constrained by a reservation-based
system that operates on a first-come, first-served basis.� This approach may unintentionally disadvantage
low-income families, who may face challenges in monitoring and responding
quickly to application timelines, such as limited internet access, language
barriers, or inflexible work schedules.�
As a result, students with the greatest transportation need may be less
likely to secure a seat on a school bus.
���� The legislature additionally finds
that to qualify for regular school bus service, students in grades kindergarten
through five must reside a mile or more, and students in grades six through
twelve must reside 1.5 miles or more, from the school within their attendance
area.� The legislature further finds that
a student who qualifies for free lunch under the free and reduced price lunch
program is eligible for a free bus pass; however, there is no reciprocal
benefit under the free and reduced price lunch program for that same student to
receive a free bus pass.� Students and
families of households who qualify for the reduced price lunch would also
benefit from receiving free bus passes.
���� The legislature recognizes that
students from low-income households experience disproportionate transportation
barriers that may negatively affect consistent school attendance and access to
educational opportunities, and that proactive eligibility, prioritization, and
communication practices are necessary to promote equitable access to school
transportation services.
���� Accordingly, the purpose of this Act
is to provide equitable access to education by requiring the department of
education to create a student bus fare rate system for the department of
education's school bus program that includes free bus passes for students whose
household qualifies the student for free lunch or reduced price lunch under the
free and reduced price lunch program.
���� SECTION 3.� Section
302A-406, Hawaii Revised Statutes, is amended to read as follows:
���� "�302A-406� Transportation of
school children.� (a)� The department may provide suitable
transportation to and from school and for educational field trips for all
children in grades kindergarten to twelve and in special education
classes.� ���� (b)� The department shall adopt policies,
procedures, and programs [[as it deems]] necessary to provide suitable
transportation[[.]]; provided that policies, procedures, and programs
related to the department's school bus program that provide bus transportation
services to students to and from school shall encompass a student bus fare rate
system that includes eligibility for a free bus pass for students who qualify,
based on the student's household eligibility, for free lunch or reduced price
lunch under the free and reduced price lunch program; provided further that the
department's school bus program shall give priority for any student who
qualifies for free lunch or reduced price lunch in receiving a free bus pass.
���� (c)�
The department shall update and align its student transportation
application forms, systems, and processes to ensure that students whose
households qualify for free lunch or reduced price lunch under the free and
reduced price lunch program may be easily identified for eligibility for a free
bus pass pursuant to this section.
���� (d)�
The department shall, to the extent practicable and consistent with
state and federal privacy laws, provide for automatic or streamlined
qualification for a free bus pass for students who are determined to be
eligible for free lunch or reduced price lunch under the free and reduced price
lunch program, without requiring duplicative documentation or separate
applications from families of students.
���� (e)�
The department shall incorporate information regarding eligibility for
free bus passes for students who qualify for free lunch or reduced price lunch
under the free and reduced price lunch program into its communications with
families of students, including providing advance notice prior to the opening
of any application or reservation period for free bus passes; provided that the
communications shall be designed to proactively inform families of eligibility,
timelines, and prioritization criteria to reduce barriers to access and
minimize the need for families to independently seek out or interpret
eligibility requirements.
���� (f)�
The department may establish reasonable cutoff periods, timelines, or
prioritization frameworks to manage capacity constraints on providing free bus
passes pursuant to this section; provided that students who qualify for free
lunch or reduced price lunch shall be prioritized in the allocation of
available bus seats.
���� (g)� The department shall submit an annual report
to the legislature no later than twenty days prior to the convening of each
regular session on the implementation of providing free bus passes for students
who qualify, based on the student's household eligibility, for free lunch or
reduced price lunch under the free and reduced price lunch program.� The report shall include:
���� (1)� The number of
students who qualify for free lunch under the free and reduced price lunch
program and received a free bus pass;
���� (2)� The number of
students who qualify for reduced price lunch under the free and reduced price
lunch program and received a free bus pass;
���� (3)� The amount of
funds expended to provide free bus passes to qualifying students;
���� (4)� A description
of the department's procedures for identifying and prioritizing students who
qualify for free lunch or reduced price lunch under the free and reduced price
lunch program, including any automatic or streamlined eligibility processes;
���� (5)� A summary of
the department's outreach and communications efforts to notify families of
students of eligibility, timelines, and prioritization for free bus passes; and
���� (6)� Any proposed
legislation.
���� [[(b)]] (h)� The department shall adopt rules under
chapter 91 governing the supervision and administration of the transportation
of school children under this section."
���� SECTION 4.� There is appropriated out of the general
revenues of the State of Hawaii the sum of
$  or so much
thereof as may be necessary for fiscal year 2026-2027 for the department of education
to provide free bus passes for students whose household qualifies the student
for free lunch or reduced price lunch under the free and reduced price lunch
program.
���� The sum appropriated shall be
expended by the department of education for the purposes of this Act.
���� SECTION 5.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 6.� This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
DOE;
Student Transportation; School Bus Program; Fares; Free and Reduced Price Lunch
Program; Report; Appropriation
Description:
Requires
the Department of Education to establish a student bus fare rate system that
includes free bus passes for students whose household qualifies the student for
free lunch or reduced price lunch under the free and reduced price lunch
program.� Requires reports to the
Legislature.� Appropriates funds.
The summary description
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not legislation or evidence of legislative intent.