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707 TRANSPORTATION OF PUBLIC SCHOOL STUDENTS

Mabel Canton Schools
Adopted 2000
Revised:

707 TRANSPORTATION OF PUBLIC SCHOOL STUDENTS

I. PURPOSE
The purpose of this policy is to provide for the transportation of students consistent with the requirements of law.

II. GENERAL STATEMENT OF POLICY
A. It is the policy of the school district to provide for the transportation of students in a manner which will protect their health, welfare and safety.

B. The school district recognizes that transportation is an essential part of the school district services to students and parents but further recognizes that transportation by school bus is a privilege and not a right for an eligible student.

C. Whenever practical, the policy regarding bus routes will be “first on, first off”. Common sense shall dictate that some deviation from this approach may exist.

III. DEFINITIONS
A. “Disabled student” includes every child who has a hearing impairment, visual disability, speech or language impairment, physical handicap, other health impairment, mental handicap, emotional/behavioral disorder, specific learning disability, autism, traumatic brain injury, multiple disabilities, or deaf/blind disability and needs special instruction and services, as determined by the standards of the state board of education. In addition, every child under age three, and at the school district’s discretion from age three to seven, who needs special instruction and services, as determined by the standards of the state board of education, because the child has a substantial delay or has an identifiable physical or mental condition known to hinder normal development is a child with a disability. (Minn. Stat. § 125A.02.)

B. “Home” is the legal residence of the child. In the discretion of the school district, “home” may also be defined as a licensed day care facility, a respite care facility, the residence of a relative, or the residence of a person chosen by the student’s parent or guardian as the home of a student for part or all of the day, if requested by the student’s parent or guardian, if the facility or residence is within the attendance area of the school the student attends. (Minn. Stat. §123B.92, subd. 1(b)(1).)

C. “Nonpublic school” means any school, church, or religious organization, or home school wherein a resident of Minnesota may legally fulfill the compulsory instruction requirements of Minn. Stat. §120A.22, which is located within the state, and which meets the requirements of Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000a. (Minn. Stat. §123B.41, subd. 9.)

D. “Nonresident student” is a student who attends school in the school district and resides in another district, defined as the “nonresident district.” In those instances when the divorced parents share joint physical custody of a student and the divorced parents reside in different school districts, the student shall be a resident of the school district designated by the student’s parents. When parental rights have been terminated by a court order while the student is residing in the school district, a student shall continue to be a resident student even though the child is placed in a residential or foster facility for care and treatment. (Minn. Stat. §123B.88, subd. 6; Minn. Stat. § 125A; Minn. Stat. §127A.47, subd. 3).

E. “Pupil support services” are health, counseling and guidance services provided by the public school in the same district where the nonpublic school is located. (Minn. Stat. §123B.41, subd. 4)

F. “Shared time basis” is a program where students attend public school for part of the regular school day and who otherwise fulfill the requirements of Minn. Stat. §120A.22 by attendance at a nonpublic school. (Minn. Stat. §126C.01, subd. 8)

G. “Student” means any student or child attending or required to attend any school as provided in Minnesota law and who is a resident or child of a resident of Minnesota. (Minn. Stat. § 123B.41, subd. 11)

V. ELIGIBILITY

A. Upon the request of a parent or guardian, the school district shall provide transportation to and from school, at the expense of the school district for all resident students who reside two miles or more from the school, except for those students whose transportation privileges have been revoked or, in the case of a secondary student, have been voluntarily surrendered by the student’s parent or guardian. (Minn. Stat. § 123B.88, subd. 1.)

B. The school district may, in its discretion, also provide transportation to any student to and from school, at the expense of the school district, for any other purpose deemed appropriate by the school board.

C. In the discretion of the school district, transportation along regular school bus routes may also be provided, where space is available, to any person where such use of a bus does not interfere with the transportation of students. This includes part-time secondary students, early childhood family education participants and area learning center students. The cost of providing such transportation must be paid by those individuals using these services or some third-party payor, with the exception of early childhood family education participants and area-learning center students if the provision of such transportation services can be provided without an increase in the school district’s expenditures. (Minn. Stat. § 123B.88, subd. 10, 11, 12 and 13)

VI. TRANSPORTATION OF NONRESIDENT STUDENTS

A. If requested by the parent of a nonresident student, the school district shall provide transportation to a nonresident student within its borders. The school district may provide transportation to a nonresident student outside its borders only with the approval of the resident district. (Minn. Stat. § 124D.04, subd. 7; Minn. Stat. § 123B.92, subd. 3; Minn. Stat. § 123B.88, subd. 6.)

B. If the school district decides to transport a nonresident student within the student’s resident district, the school district will notify the student’s resident district of its decision, in writing, prior to providing transportation. (Minn. Stat. § 123B.88, subd. 6.)

C. When divorced parents reside in different school districts and share physical custody of a student, the parents shall be responsible for the transportation of the student to the border of the school district during those times when the student is residing with the parent in the nonresident school district. (Minn. Stat. § 127A.47, subd. 3(b)

VII. TRANSPORTATION OF RESIDENT STUDENTS TO NONDISTRICT SCHOOLS

A. In general, the school district shall not provide transportation between a resident student’s home and the border of a nonresident district where the student attends school under the Enrollment Options Program. A parent may be reimbursed by the nonresident district for the costs of transportation from the pupil's residence to the border of the nonresident district if the student is from a family whose income is at or below the poverty level, as determined by the federal government. The reimbursement may not exceed the pupil’s actual cost of transportation or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for more than 250 miles per week. (Minn. Stat. § 124D.03, subd. 8)

B. Resident students shall be eligible for transportation to and from a nonresident school district at the expense of the school district, if in the discretion of the school district, inadequate room, distance to school, unfavorable road conditions, or other facts or conditions make attendance in the resident student’s own district unreasonably difficult or impracticable. The school district, in its discretion, may also provide for transportation of resident students to schools in other districts for grades and departments not maintained in the district, including high school, for the whole or a part of the year or for resident students who attend school in a building rented or leased by the school district in an adjacent district. (Minn. Stat. § 123B.88, subds. 1 and 4.)

VIII. SPECIAL EDUCATION/DISABLED STUDENTS/STUDENTS WITH TEM PORARY DISABILITIES

A. Upon a request of a parent or guardian, a resident disabled student who is not yet enrolled in kindergarten, who requires special education services in a location other than the student’s home, shall be provided transportation to and from the student’s home at the expense of the school district and shall not be subject to any distance requirement. (Minn. Stat. § 123B.88, subd. 1.)

B. Resident disabled students whose handicapped conditions are such that the student cannot be safely transported on the regular school bus and/or school bus route shall be entitled to special transportation at the expense of the school district. The school district shall determine the type of vehicle used to transport disabled students on the basis of the handicapping condition and applicable laws. This provision shall not be applicable to parents who transport their own child under a contract with the school district. (Minn. R. 3520.3300.)

C. Resident disabled students who are boarded and lodged at Minnesota state academies for educational purposes, but who also are enrolled in a public school within the school district, shall be provided transportation, by the school district to and from said board and lodging facilities, at the expense of the school district. (Minn. Stat. § 125A.65)

D. If a resident disabled student attends a public school located in a contiguous school district and the school district of attendance does not provide special instruction and services, the school district shall provide necessary transportation for the student between the school district boundary and the educational facility where special instruction and services are provided within the school district. The school district may provide necessary transportation of the student between its boundary and the school attended in the contiguous district, but shall not pay the cost of transportation provided outside the school district boundary. (Minn. Stat. § 125A.12)

E. When a disabled student or a student with a short-term or temporary disability is temporarily placed for care and treatment in a day program located in another school district and the student continues to live within the school district during the care and treatment, the school district shall provide the transportation, at the expense of the school district, to that student. Transportation shall only be provided by the school district during regular operating hours. (Minn. Stat. § 125A.15(b); Minn. Stat. § 125A.51(d).)

F. When a nonresident disabled student or a student with a short-term or temporary disability is temporarily placed in a residential program within the school district, including correctional facilities operated on a fee-for-service basis and state institutions, for care and treatment, the school district shall provide the necessary transportation at the expense of the school district. (Minn. Stat. § 125A.15(c); Minn. Stat. § 125A.51(e))

G. Any parent of a disabled student who believes that the transportation services pro vided for that child are not in compliance with the applicable law may utilize the due process procedures provided for in Minn. Stat. § 125A.09, subd. 6. (Minn. R. 3520.3300, subp. 2.)

IX. AVAILABILITY OF SERVICES

Transportation shall be provided on all regularly scheduled school days or make-up days. Transportation will not be provided during the summer school break. Transportation may be provided for summer instructional programs for students with a disability or in conjunction with a learning year program. Transportation between home and school may also be provided, in the discretion of the school district, on staff development days. (Minn. Stat. § 123B.88, subd. 21)

X. MANNER OF TRANSPORTATION

The scheduling of routes, establishment of the location of bus stops, manner and method of transportation, control and discipline of school children and any other matter relating thereto shall be within the sole discretion, control and management of the school board. The school district may, in its discretion, provide room and board, in lieu of transportation, to a student who may be more economically and conveniently provided for by that means. (Minn. Stat. § 123B.88, subd. 1.)

XI. RESTRICTIONS

Transportation by the school district is a privilege and not a right for an eligible student. A student’s eligibility to ride a school bus may be revoked for a violation of school bus safety or conduct policies, or violation of any other law governing student conduct on a school bus pursuant to the school district’s discipline policy. Revocation of a student’s bus riding privilege is not an exclusion, expulsion, or suspension under the Pupil Fair Dismissal Act. Revocation procedures for a student who is an individual with a disability under 20 U.S.C. §1415 (Individuals with Disabilities Act), 29 U.S.C. §794 (the Rehabilitation Act), and 42 U.S.C. §12132, (Americans with Disabilities Act) are governed by these provisions. (Minn. Stat. § 121A.59.)

XII. FEES

A. In its discretion, the school district may charge fees for transportation of students to and from extra curricular activities conducted at locations other than school, where attendance is optional. (Minn. Stat. § 123B.36, subd. 1(10).)

B. The school district may charge fees for transportation of students to and from school when authorized by law. If the school district charges fees for transportation of students to and from school, guidelines shall be established for that transportation to ensure that no student is denied transportation solely because of inability to pay. (Minn. Stat. § 123B.36, subd. 1(11).)

C. The school district may charge reasonable fees for transportation of students to and from post-secondary institutions for students enrolled under the post-secondary enrollment options program. Families who qualify for mileage reimbursement may use their state mileage reimbursement to pay this fee. (Minn. Stat. § 123B.36, subd. 1(13).)

D. Where, in its discretion, the school district provides transportation into and from an instructional community-based employment station that is part of an approved occupational experience vocational program, the school district may require the payment of reasonable fees for transportation from students who receive remuneration for their participation in these programs. (Minn. Stat. § 123B.36, subd. 3.)

Legal References: Minn. Stat. § 125A.02 (Children with a disability, defined); Minn. Stat. § 124D.03 (Enrollment options program); Minn. Stat. § 124D.04 (Enrollment options programs in border states); Minn. Stat. § 120A.22 (Compulsory Instruction); Minn. Stat. § Ch. 125A (Children with a disability); Minn. Stat. § 125A.51 (Placement of children without disabilities; education and transportation); Minn. Stat. § 123B.36 (Authorized Fees); Minn. Stat. § 123B.88 (Independent school districts, transportation); Minn. Stat. § 121A.59 (Bus transportation a privilege not a right); Minn. Stat. § 123B.41(Educational aids for nonpublic school children; definitions); Minn. Stat. § 123B.44 (Provision of Pupil Support Services); . Stat. § 123B.92 (Transportation Aid Entitlement); Minn. Stat. § 126C.01(General Education Revenue - Definitions); Minn. Stat. § 127A.47 (Payments to resident and nonresident districts); Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act); Minn. R. 3520.3300 (Transportation of Handicapped Students); 20 U.S.C. § 1415 (Individuals with Disabilities Act); 29 U.S.C. § 794 (Rehabilitation Act); 42 U.S.C. § 2000a (Prohibition Against Discrimination or Segregation in Places of Public Accommodation); 42 U.S.C. § 12132 (Americans with Disabilities Act)

Cross References: MSBA Service Manual Chapter 10, Transportation; MSBA/MASA Model Policy 708 (Transportation of Nonresident Students); MSBA/MASA Model Policy 709 (Student Transportation Safety Policy); MSBA/MASA Model Policy 710 (Extracurricular Transportation)

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