(1)The board of education of a
school district may furnish transportation:
(a)To and from public schools of the district for any reasonable
classification of resident pupils enrolled in the schools of the district;
(b)To and from public schools located in an adjacent state for any
reasonable classification of resident pupils who have not completed the twelfth
grade, but only if the district of attendance is one to which the district of residence
of such pupils is authorized to pay tuition for the attendance of such pupils;
(c)To and from public schools for any reasonable classification of pupils
enrolled in the schools of the district who are residents of any other school district,
if the district of residence is adjacent to the district of attendance, and if the board
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(1) The board of education of a
school district may furnish transportation:
(a) To and from public schools of the district for any reasonable
classification of resident pupils enrolled in the schools of the district;
(b) To and from public schools located in an adjacent state for any
reasonable classification of resident pupils who have not completed the twelfth
grade, but only if the district of attendance is one to which the district of residence
of such pupils is authorized to pay tuition for the attendance of such pupils;
(c) To and from public schools for any reasonable classification of pupils
enrolled in the schools of the district who are residents of any other school district,
if the district of residence is adjacent to the district of attendance, and if the board
or other governing body of the district of residence consents to such transportation;
(d) To and from any school-sponsored activity, or for any emergency, for any
reasonable classification of resident pupils enrolled in the schools of the district,
whether said activity or emergency be within or without the territorial limits of the
district, and whether or not occurring during school hours.
(1.5) The general assembly recognizes that section 2 of article IX of the state
constitution requires the establishment and maintenance of a thorough and uniform
system of free public schools and requires school districts to maintain such public
schools. The general assembly finds and declares, however, that the provision by
school districts of transportation for pupils is not required by the constitution as a
part of a thorough and uniform system of free public schools and that any school
district which provides transportation may pay the costs incurred in doing so
through any means authorized by the general assembly pursuant to this title.
(2) A board may determine the points at which pupils shall be received and
delivered and the routes of transportation pursuant to subsection (1) of this section.
(3) If it is impractical, as determined by the board, to furnish transportation
to and from school for any resident pupil enrolled or eligible to be enrolled in the
schools of the district pursuant to subsection (1)(a), (1)(b), or (1)(c) of this section, the
board may pay the cost, or any portion thereof, of room and board for the pupil to
reside at a point near a school of the district of residence, or a school of a district to
which the district of residence is authorized to pay tuition.
(4) A board may reimburse a parent or guardian for the expenses incurred by
such parent or guardian in furnishing transportation to and from a public school or
designated school vehicle stop for his or her child or children and for other pupils
enrolled in the schools of the district, but the board shall not reimburse any person
for transportation furnished to a pupil resident in another school district without the
consent of the board or other governing body of the district of residence. The
amount and payment of transportation expenses are determined by the board
paying the expenses.
(5) (a) The board of education of a school district that furnishes
transportation to pupils pursuant to the provisions of this section may impose and
collect a fee for the payment of excess transportation costs pursuant to a fee
schedule adopted by a resolution of the board of education of the district.
(a.5) Prior to adopting a resolution to collect a transportation fee pursuant to
the provisions of this subsection (5), a school district board of education shall hold a
public meeting to solicit and consider recommendations from, at a minimum, the
school district accountability committee, or its equivalent within the school district,
and from teachers, parents, and students, including but not limited to any statewide
or local organization that represents parents, teachers, and students within the
school district. The recommendations shall pertain both to the question of whether
to impose the transportation fee and to the proposed fee schedule. The school
district board of education shall provide public notice of the meeting at least thirty
days prior to the meeting. At a meeting held subsequent to the meeting at which
the school district board of education receives comments and recommendations,
the district board may adopt a resolution to impose a transportation fee pursuant to
this subsection (5). The school district board of education shall specifically take
into account the recommendations received from the school district accountability
committee, or its equivalent, and teachers, parents, and students when making the
final determination of whether to impose a transportation fee pursuant to this
subsection (5).
(a.6) In imposing a transportation fee on pupils pursuant to this subsection
(5), the school district shall ensure that only those pupils who use the
transportation services are required to pay the fee.
(a.7) A school district shall deposit any revenues received from the
imposition of a fee pursuant to the provisions of this subsection (5) in the
transportation fund of the district created in section 22-45-103 (1)(f).
(a.9) If a school district that imposes a transportation fee pursuant to this
subsection (5) chooses to impose the transportation fee on students enrolled in
charter schools of the school district, the school district, prior to imposing the
transportation fee, shall consult with the parents of the students enrolled in the
charter schools of the school district. If the school district chooses to include
charter school students in the transportation fee, the school district shall ensure
that the full amount of the transportation fee collected from students enrolled in
charter schools is used to offset the costs of providing transportation services for
charter school students.
(b) For the purposes of this subsection (5), excess transportation costs
means the current operating expenditures for pupil transportation, as defined in
section 22-51-102 (1), minus any reimbursement entitlement, as defined in section
22-51-102 (4). The calculation of excess transportation costs shall be based upon
amounts expended and amounts received for the twelve-month period ending on
June 30 prior to the adoption of the fee schedule.
(c) If a school district imposes a fee for the transportation of pupils, the
district shall waive the fee for any pupil who is eligible for a reduced-cost meal or
free meal pursuant to the Richard B. Russell National School Lunch Act, 42 U.S.C.
sec. 1751 et seq.