2000 Legislation
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SENATE BILL NO. 1527 – School transportation, distance


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Daily Data Tracking History

S1527................................................by JUDICIARY AND RULES
SCHOOL TRANSPORTATION - Amends existing law to govern determination of the
distance from the school and determination of eligibility for school bus
transportation of students.
02/24    Senate intro - 1st rdg - to printing
02/25    Rpt prt - to Educ
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 32-0-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram,
      Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Schroeder, Sorensen, Stegner, Stennett,
      Thorne, Wheeler, Whitworth, Williams
      Absent and excused--Crow, Darrington, Sandy
    Floor Sponsor - Bunderson
    Title apvd - to House
03/15    House intro - 1st rdg - to Educ

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1527
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 33-1501, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        33-1501.  TRANSPORTATION AUTHORIZED. (1)  To afford more equal opportunity
  9    for  public school attendance, the board of trustees of each district, includ-
 10    ing specially chartered school districts, shall,  where  practicable,  provide
 11    transportation  for  the  public school pupils within the district, and pupils
 12    resident within adjoining districts annually agreed to in writing by the  dis-
 13    tricts  involved, under conditions and limitations herein set forth. Nonpublic
 14    school students may be transported, where practicable, when the full costs for
 15    providing such transportation are recovered. In approving the routing  of  any
 16    school  bus,  or  in  the maintenance and operation of all such transportation
 17    equipment, or in the appointment or employment of chauffeurs school bus  driv-
 18    ers,  the primary requirements to be observed by the board of trustees are the
 19    safety and adequate protection of the health of  the  pupils.  Nothing  herein
 20    contained  shall  prevent any board of trustees from denying transportation to
 21    any pupil in any school bus operated by or under the authority of said  board,
 22    upon good cause being given, in writing, to the parents or guardian, or either
 23    of them, of such pupil.
 24        (2)  No  board of trustees shall be required to provide transportation for
 25    any pupil living less than one and one-half (1 1/2)  miles  from  the  nearest
 26    appropriate  school. A board of trustees may require pupils who live less than
 27    one and one-half (1 1/2) miles from the nearest established bus stop  to  walk
 28    or  provide  their own transportation to such bus stop. That distance shall be
 29    determined by the nearest and best route from the junction of the driveway  of
 30    the  pupil's  home  and  the  nearest  public road, to the nearest door of the
 31    schoolhouse he attends, or to the bus stop, as the case may be.  No  bus  stop
 32    shall be established less than one and one-half (1 1/2) miles from the nearest
 33    appropriate  school except when, in the judgment of the board of trustees, the
 34    age or health or safety of the pupil warrants.
 35        (3)  The board of trustees may transport any pupil a  lesser  distance  of
 36    less than one and one-half (1 1/2) miles when in its the judgment of the board
 37    of  trustees the age or health or safety of the pupil warrants and such trans-
 38    portation is in conformance with the rules of the state board of education. To
 39    transport any pupil a distance of less than one and one-half  (1  1/2)  miles,
 40    the board of trustees shall conduct an objective evaluation of all such busing
 41    locations  using  a measuring instrument form provided by the state department
 42    of education. The board of trustees shall certify the age,  health  or  safety
 43    needs  justifying  such transportation in the application to the state depart-
  1    ment of education. The local board of trustees shall annually submit the  min-
  2    utes  approving all such busing locations, along with the applicable measuring
  3    instrument forms, to the state department of education. The  state  department
  4    of  education  may  conduct  on-site  safety busing reviews as directed by the
  5    state board of education.
  6        (4)  The board of trustees may transport any ineligible pupil  a  distance
  7    of  less  than  one  and  one-half  (1 1/2) miles when there is no appreciable
  8    increase in pupil transportation operational costs.  Districts  shall  furnish
  9    the  state  department  of  education with an enrollment count of all students
 10    living one and one-half (1 1/2) miles or more  from  the  nearest  appropriate
 11    school by September 30 for the next preceding year.
 12        (5)  A  day  care center, family day care home, or a group day care facil-
 13    ity, as defined in  section  39-1102,  Idaho  Code,  may  substitute  for  the
 14    student's residence for student transportation to and from school. School dis-
 15    tricts may not transport students between child care facilities and home. Stu-
 16    dent  transportation  between  a child care facility and a school will qualify
 17    for state reimbursement providing that the child care facility is one and one-
 18    half (1 1/2) miles or more from the school to  which  the  student  is  trans-
 19    ported.
 20        (6)  To  effectuate  the  public  policy  hereby  declared,  the  board of
 21    trustees of any school district may purchase or lease, and maintain and  oper-
 22    ate  school   buses  and vans, which vans shall not have a seating capacity in
 23    excess of fifteen (15) persons; may enter into agreements or contracts for the
 24    use of a charter bus or buses; may  enter  into  contracts  with  individuals,
 25    firms,  corporations  or  private carriers; or may make payments to parents or
 26    guardians, subject to  the limitations herein provided, when transportation is
 27    not furnished by the district.

Statement of Purpose / Fiscal Impact

                STATEMENT OF PURPOSE 
          This legislation deals with the procedures and approval processes to allow
     public school districts to bus school children less than the 1 1/2 mile limitation
     when the age, health and safety of the pupil warrants. 
          Presently, when a school district decides to grant an exception to the 1 1/2
     bussing rule, the Board rule requires school districts to perform an evaluation.
     Then the Department of Education must conduct their own evaluation. Then the
     request and results are turned over to the Board of Education for approval. 
          This legislation eliminates the requirement for the Department of
     Education to perform an evaluation unless directed by the Board of Education. 
     It also provides for a process that allows local school districts to pick up small
     children who live less than 1 1/2 miles from the school if there is no appreciable
     increase in transportation cost. 
                     FISCAL NOTE 
     There should be no significant negative fiscal impact. On the contrary, by
     eliminating the need for the Department of Education to essentially re-do work
     already preformed by the school districs, the school district applications to the
     Board for bussing ineligible pupils will process faster plus the Department will
     experience time and cost savings. 
     CONTACT:    Senator Hal Bunderson 332-1000 
                Representative Mike Moyle 332-1000 
     Rodney McKinight, Department of Education 332-6851 
                                                  STATEMENT OF PURPOSE/ FISCAL NOTE                         S 1527