Maine § 20-A §5401 Transportation

Maine Statutes

§ 20-A §5401 — Transportation

Maine·Title 20-A EDUCATION·Part 3 ELEMENTARY AND SECONDARY EDUCATION·Ch. 215 TRANSPORTATION

The transportation of public school students shall be governed as follows.

1.Municipal school units. The superintendent of schools in a municipal school unit shall, with the approval of the school board, provide transportation for elementary school students and public preschool students a part of or the whole distance to and from the nearest suitable elementary school. The municipality may provide transportation for secondary level students.

2.School administrative district. The superintendent of schools in a school administrative district shall, with the approval of the school board, provide transportation for:

3.Community school district. The community school district district school committee shall either: 3-A. Waiver for transportation of public preschool students. The commissioner

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The transportation of public school students shall be governed as follows.
1.
Municipal school units.
The superintendent of schools in a municipal school unit shall, with the approval of the school board, provide transportation for elementary school students and public preschool students a part of or the whole distance to and from the nearest suitable elementary school. The municipality may provide transportation for secondary level students.
2.
School administrative district.
The superintendent of schools in a school administrative district shall, with the approval of the school board, provide transportation for:
3.
Community school district.
The community school district district school committee shall either:
3-A.
Waiver for transportation of public preschool students.
The commissioner shall waive the requirement for school administrative units to provide transportation for public preschool students.
4.
Special education students.
Special education students shall be provided transportation:
5.
Secondary school students residing on islands.
A school administrative unit shall pay transportation charges over regular transportation lines for secondary school students who reside on islands if those islands are:
6.
Temporary residents and residents on state-owned property.
The commissioner shall reimburse a school administrative unit for approved transportation of students who reside on state-owned property located in towns of less than 100 residents or who are temporary residents, if those students reside more than 2 miles from the school.
7.
Remote location.
If a student resides in a location remote from and inaccessible to schools or public highways, the student's parents shall be responsible for providing transportation to a public highway or paying board for the student within walking distance of a school. Failure of the parent to provide transportation or board shall be considered a violation of the truancy law.
8.
Adult education.
A school administrative unit may provide transportation for adults to and from adult education programs as authorized under section 8611.
9.
Career and technical education.
The following provisions apply to transportation for career and technical education.
10.
Duration.
Transportation shall be provided for the number of weeks that the school is open for instruction.
11.
Minimum distances.
A school board may establish the distance from a school that students must reside to receive transportation.
12.
Safety.
Transportation provided shall conserve the comfort, safety and welfare of the students conveyed. A responsible driver shall be in charge of the vehicle and shall have control over the conduct of the students while they are transported.
13.
Contract.
A superintendent may contract for transportation.
14.
Cost of service and equipment.
Transportation services and the purchase of new buses shall be accomplished in the most economical manner consistent with the welfare and safety of students.
15.
New bus purchases.
School bus purchases, contracts or leases shall be subject to approval by the commissioner.
15-A.
Zero-emission public school bus fleet goal.
The commissioner in approving school bus purchases, contracts and leases under subsection 15 shall to the extent practicable grant such approvals in a manner designed to result by 2035 in at least 75% of annual school bus acquisitions being zero-emission vehicles.
16.
Unorganized territory.
Payment of transportation or board costs of eligible students from the unorganized territory shall be made in accordance with chapter 119.
17.
Rules; federal or state requirements for public preschool transportation.
The department may adopt rules to implement the provisions of this section. Should the Federal Government or the State require transportation of public preschool children, the department shall develop and adopt rules regarding such transportation, and those rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.

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Legislative History

PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 175, §1 (AMD). PL 1983, c. 485, §23 (AMD). PL 1985, c. 490, §16 (AMD). PL 1985, c. 781 (AMD). RR 1991, c. 2, §60 (COR). PL 2001, c. 344, §§5,6 (AMD). PL 2001, c. 667, §C11 (AMD). RR 2003, c. 2, §35 (COR). PL 2003, c. 325, §1 (AMD). PL 2005, c. 2, §D18 (AMD). PL 2005, c. 2, §§D72,74 (AFF). PL 2005, c. 12, §WW18 (AFF). PL 2007, c. 572, Pt. A, §§2-5 (AMD). PL 2009, c. 213, Pt. C, §1 (AMD). PL 2015, c. 73, §1 (AMD). PL 2021, c. 693, §§2, 3 (AMD).