Text: SSB02184 Text: SSB02186 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 279.48, subsection 2, Code 1995, is 1 2 amended to read as follows: 1 3 2. The total of scheduled annual payments of principal or 1 4 interest due and payable from current budgeted receipts or 1 5 future budgeted receipts with respect to all loan agreements 1 6 authorized under this section or section285.10285.11, 1 7 subsection76, paragraph"b""d", must not exceed ten percent 1 8 of the last authorized budget of the school corporation. 1 9 Sec. 2. Section 282.18, subsection 11, Code 1995, is 1 10 amended to read as follows: 1 11 11. Notwithstanding section285.1285.6 relating to 1 12 transportation of nonresident pupils, the parent or guardian 1 13 is responsible for transporting the pupil without 1 14 reimbursement to and from a point on a regular school bus 1 15 route of the receiving district. However, a receiving 1 16 district may send school vehicles into the district of 1 17 residence of the pupil using the open enrollment option under 1 18 this section, for the purpose of transporting the pupil to and 1 19 from school in the receiving district, if the boards of both 1 20 the sending and receiving districts agree to this arrangement. 1 21 If the pupil meets the economic eligibility requirements 1 22 established by the department and state board of education, 1 23 the sending district is responsible for providing 1 24 transportation or paying the pro rata cost of the 1 25 transportation to a parent or guardian for transporting the 1 26 pupil to and from a point on a regular school bus route of a 1 27 contiguous receiving district unless the cost of providing 1 28 transportation or the pro rata cost of the transportation to a 1 29 parent or guardian exceeds the average transportation cost per 1 30 pupil transported for the previous school year in the 1 31 district. If the cost exceeds the average transportation cost 1 32 per pupil transported for the previous school year, the 1 33 sending district shall only be responsible for that average 1 34 per pupil amount. A sending district which provides 1 35 transportation for a pupil to a contiguous receiving district 2 1 under this subsection may withhold from the district cost per 2 2 pupil amount, that is to be paid to the receiving district, an 2 3 amount which represents the average or pro rata cost per pupil 2 4 for transportation, whichever is less. 2 5 Sec. 3. Section 285.1, Code Supplement 1995, is amended by 2 6 striking the section and inserting in lieu thereof the 2 7 following: 2 8 285.1 DEFINITIONS. 2 9 1. "Average cost per student transported" means the pro 2 10 rata cost of transporting a student for a school year, during 2 11 the school year only, to and from the school in which the 2 12 student is enrolled and calculated under section 285.8. 2 13 2. "Elementary school students" for purposes of this 2 14 chapter means students enrolled in public or nonpublic schools 2 15 in grades kindergarten through eight or nine as determined by 2 16 the board of directors of the school district or by the 2 17 governing authority of the nonpublic school in the case of 2 18 nonpublic schools. 2 19 3. "High school students" for purposes of this chapter 2 20 means students enrolled in an accredited public or nonpublic 2 21 school in grades nine or ten through twelve as determined by 2 22 the board of directors of the school district or by the 2 23 governing authority of the nonpublic school in the case of 2 24 nonpublic schools. 2 25 4. "Nonpublic school" means a nonpublic school accredited 2 26 by the department of education as provided in section 256.11 2 27 and nonpublic institutions that comply with state board of 2 28 education standards for providing special education programs. 2 29 5. "School or district board" means the board of directors 2 30 of a school district. 2 31 6. "School bus" means a school bus as defined in 321.1, 2 32 but shall not include a vehicle used for an approved driver 2 33 education course in which the driver education teacher 2 34 transports a driver education student from the student's 2 35 residence for the purpose of street or highway driving. 3 1 7. "School designated for attendance" means the accredited 3 2 school designated for attendance by the board of directors of 3 3 the school district, or in the case of a nonpublic school, by 3 4 the parent or guardian of a nonpublic school student. 3 5 8. "Prekindergarten students" means students who are 3 6 enrolled in a prekindergarten program offered or sponsored by 3 7 a school district or nonpublic school and approved by the 3 8 department of education. 3 9 Sec. 4. Section 285.2, Code Supplement 1995, is amended by 3 10 striking the section and inserting in lieu thereof the 3 11 following: 3 12 285.2 ENTITLEMENT TO SCHOOL TRANSPORTATION. 3 13 1. The board of directors of a school district shall 3 14 provide transportation, either directly or by reimbursement 3 15 for transportation in accordance with section 285.3, to and 3 16 from the designated school of attendance, at no cost to the 3 17 parent or guardian, for resident students attending public 3 18 school, kindergarten through twelfth grade except that: 3 19 a. Elementary students are entitled to transportation only 3 20 if they live more than two miles from the school designated 3 21 for attendance. 3 22 b. High school students are entitled to transportation 3 23 only if they live more than three miles from the school 3 24 designated for attendance. 3 25 c. Children attending public school prekindergarten 3 26 programs offered or sponsored by the district and approved by 3 27 the department of education may be provided transportation 3 28 services as if they were public school elementary pupils. 3 29 2. Children attending prekindergarten programs offered or 3 30 sponsored by a nonpublic school may be transported to the 3 31 nonpublic school in the manner provided in this chapter, but 3 32 those children are not eligible for transportation 3 33 reimbursement under this chapter. The board of directors 3 34 transporting nonpublic school prekindergarten students shall 3 35 charge a fee for the transportation services as provided in 4 1 section 285.11, subsection 3, paragraph "d". 4 2 3. Distance to school or to a bus route, for the purpose 4 3 of determining entitlement to transportation services, shall 4 4 be measured on the public highway only and over the most 4 5 passable and safest route as determined by the district's 4 6 board, starting in the roadway opposite the private entrance 4 7 to the residence of the student and ending in the roadway 4 8 opposite an entrance to the school grounds, except as provided 4 9 in subsection 4. Disputes over safety or entitlement may be 4 10 appealed to the area education agency board for resolution 4 11 pursuant to section 285.13. 4 12 4. A parent or guardian of a prekindergarten or elementary 4 13 student entitled to transportation may request that a child 4 14 day care facility, as defined in section 237A.1, be designated 4 15 as the student's residence for purposes of subsection 3 rather 4 16 than the actual residence of the student. The request shall 4 17 be submitted for a period of time of at least one semester and 4 18 shall not be submitted more than twice during a school year. 4 19 A board of directors providing transportation service to a 4 20 child day care facility located fewer than two miles from a 4 21 student's school designated for attendance may charge a fee 4 22 for the transportation in an amount not to exceed the 4 23 district's average cost per pupil transported calculated under 4 24 section 285.8. 4 25 5. Transportation for which the average cost per student 4 26 transported or other charge is collected shall not be provided 4 27 outside the state of Iowa except in accordance with rules 4 28 adopted by the department of education in accordance with 4 29 chapter 17A. The rules shall take into account any applicable 4 30 federal requirements. 4 31 Sec. 5. Section 285.3, Code 1995, is amended by striking 4 32 the section and inserting in lieu thereof the following: 4 33 285.3 TRANSPORTATION BY PARENTS. 4 34 1. Where unsatisfactory roads or other conditions make it 4 35 advisable, a district board in its discretion may require the 5 1 parent or guardian of a public or nonpublic school student to 5 2 furnish transportation for the student a distance of not to 5 3 exceed two miles to connect or meet with a school bus. The 5 4 parent or guardian shall be reimbursed for the transportation 5 5 by the board of the resident district at the rate of twenty- 5 6 eight cents per mile per day, one way, per family when 5 7 measured over the public roadway only for the distance from 5 8 the student's residence to the connection point on the bus 5 9 route. 5 10 2. In a district where transportation by school bus is 5 11 impracticable or unavailable, or where necessary to implement 5 12 a whole grade sharing agreement under section 282.10, the 5 13 board may require parents or guardians to furnish 5 14 transportation for their children to the schools designated 5 15 for attendance. Except as provided in section 285.7, the 5 16 parent or guardian shall be reimbursed for the transportation 5 17 service for public and nonpublic school students by the board 5 18 of the resident district in an amount equal to eighty dollars 5 19 plus seventy-five percent of the difference between eighty 5 20 dollars and the previous school year's statewide average cost 5 21 per student transported, as determined by the department of 5 22 education. However, a parent or guardian shall not receive 5 23 reimbursement for furnishing transportation for more than 5 24 three family members who attend kindergarten or elementary 5 25 school and one family member who attends high school. 5 26 3. Notwithstanding subsections 1 and 2, a parent or 5 27 guardian may be required to provide the transportation to the 5 28 connection point on the route without reimbursement if the 5 29 distance does not exceed three-fourths of a mile when measured 5 30 over the public roadway only. 5 31 Sec. 6. Section 285.4, Code 1995, is amended by striking 5 32 the section and inserting in lieu thereof the following: 5 33 285.4 DISTRICT ARRANGEMENTS FOR STUDENT TRANSPORTATION. 5 34 1. Where transportation by school bus is impracticable, 5 35 unavailable, or other existing conditions warrant it, the 6 1 school board may contract for use of common carriers according 6 2 to uniform standards established by the director of the 6 3 department of education and at a cost based upon the actual 6 4 cost of transportation service and approved by the school 6 5 board. 6 6 2. When a school board pays the costs for a student to 6 7 attend another district under a whole grade sharing agreement 6 8 pursuant to sections 282.10 through 282.12, the board of the 6 9 resident district shall provide transportation to and from the 6 10 school designated for attendance for the student. This 6 11 section does not apply to students attending school in another 6 12 district under open enrollment. 6 13 Sec. 7. Section 285.5, Code 1995, is amended by striking 6 14 the section and inserting in lieu thereof the following: 6 15 285.5 CONTRACTS FOR SCHOOL BUS SERVICE. 6 16 1. Contracts for school bus service with other school 6 17 districts, nonpublic schools, or private parties shall be in 6 18 writing and be for the transportation of children attending 6 19 public or nonpublic school. The contracts shall define the 6 20 route, duration of the agreement, service contracted for, 6 21 compensation to be paid, and the vehicle to be used. The 6 22 contract shall prescribe the duties of the contractor and 6 23 driver of the vehicles and shall provide that every person in 6 24 charge of a vehicle conveying children to and from school 6 25 shall be at all times subject to any rules the school board 6 26 shall adopt for the protection of the children, or to govern 6 27 the conduct of the persons in charge of the vehicle. 6 28 2. A contract shall provide that the contractor will sell 6 29 the transportation equipment to the board should the 6 30 contractor desire to terminate the contract, provided that the 6 31 school board desires to purchase the equipment. The price of 6 32 the equipment sold to the school board shall be determined by 6 33 an appraisal board composed of one person appointed by the 6 34 school board, one appointed by the owner of the equipment, and 6 35 a third selected by these two. 7 1 3. The contractor shall operate the vehicle or provide a 7 2 driver who must be approved by the board. The driver of a 7 3 vehicle shall be subject to all laws and prescribed standards 7 4 for school bus drivers. Failure to comply shall constitute 7 5 grounds for dismissal of the driver or cancellation of the 7 6 contract if the board so desires. 7 7 4. All vehicles of transportation provided by the 7 8 contractor shall be inspected, approved and certified before 7 9 being put into operation in the manner provided in section 7 10 285.9, subsection 5. 7 11 5. Contracts for transportation services may be made for a 7 12 period not to exceed three years. Contracts may be terminated 7 13 by either party on a ninety-day notice. 7 14 6. The director of the department of education shall 7 15 prepare a uniform contract, containing provisions not in 7 16 conflict with this chapter, which shall be used by all school 7 17 districts in contracting for transportation service, however, 7 18 additional contract provisions may be included as determined 7 19 by a school board. 7 20 7. All contractors providing school transportation service 7 21 shall carry liability insurance at least in amounts and kind 7 22 as provided in the uniform contract. 7 23 8. Private buses, other than common carriers not used 7 24 exclusively in transportation of students while under contract 7 25 to a school district, shall meet construction and operation 7 26 requirements for school-owned buses. 7 27 Sec. 8. Section 285.6, Code 1995, is amended by striking 7 28 the section and inserting in lieu thereof the following: 7 29 285.6 NONPUBLIC STUDENT TRANSPORTATION. 7 30 1. Resident students attending a nonpublic school located 7 31 either within or outside the school district of the student's 7 32 residence are entitled to transportation on the same basis as 7 33 provided for resident public school students under this 7 34 chapter. The public school district may meet the requirements 7 35 of this section by any of the following: 8 1 a. Providing transportation services in a school bus 8 2 operated by the district. 8 3 b. Contracting with another public school district, a 8 4 nonpublic school or private parties as provided in section 8 5 285.5. However, contracts shall not provide payment in excess 8 6 of the average cost per student transported of the school 8 7 district for that school year. 8 8 c. Utilizing the parent transportation reimbursement in 8 9 the manner provided in section 285.3. 8 10 2. The public school district providing transportation to 8 11 a nonpublic school student shall determine the days on which 8 12 bus service is provided, based upon the days for which bus 8 13 service is provided to public school students. The public 8 14 school district shall determine bus schedules and routes. 8 15 3. If the nonpublic school designated for attendance is 8 16 located within the public school district in which the student 8 17 is a resident, the student shall be transported to the 8 18 nonpublic school designated for attendance as determined by 8 19 the board of directors of the school district in accordance 8 20 with this section. 8 21 4. If the nonpublic school designated for attendance is 8 22 located in a contiguous public school district outside the 8 23 boundary line of the school district of the student's 8 24 residence and the board of the contiguous district in which 8 25 the nonpublic school is located agrees to transport the 8 26 nonpublic school student from the student's residence or from 8 27 a designated point within the boundary of the contiguous 8 28 district to the designated nonpublic school, the board of the 8 29 contiguous district shall provide written notice to the 8 30 district of the nonpublic school student's residence that it 8 31 is providing the transportation service and that it is making 8 32 the claim for reimbursement for the nonpublic school student's 8 33 transportation under section 285.7. Transportation by the 8 34 board of the contiguous district relieves the resident 8 35 district of any requirement to provide transportation 9 1 services. 9 2 5. If the nonpublic school designated for attendance is 9 3 located in a district that is not contiguous to the resident 9 4 district, the parent transportation reimbursement provided for 9 5 in section 285.3, subsection 2, is the only transportation 9 6 option available to the resident district. 9 7 Sec. 9. NEW SECTION. 285.7 SUBMISSION AND PAYMENT OF 9 8 CLAIMS FOR NONPUBLIC STUDENT TRANSPORTATION. 9 9 1. Boards of directors of school districts are required to 9 10 provide transportation services to nonpublic school students 9 11 as provided in section 285.6 when the general assembly 9 12 appropriates funds to the department of education for the 9 13 payment of claims for transportation costs submitted by the 9 14 school districts. 9 15 2. There is appropriated from the general fund of the 9 16 state to the department of education funds sufficient to pay 9 17 the approved claims of public school districts for 9 18 transportation services to nonpublic school students as 9 19 provided in this section. The amount paid for an approved 9 20 claim, based upon the moneys appropriated for approved claims 9 21 under section 285.3, subsection 2, shall be determined under 9 22 section 285.8. 9 23 3. The costs of providing transportation to nonpublic 9 24 school students as provided in section 285.6 shall not be 9 25 included in the computation of district cost under chapter 9 26 257, but shall be shown in the budget as an expense from 9 27 miscellaneous income. Transportation reimbursements received 9 28 by a school district for transporting nonpublic school 9 29 students shall not affect district cost limitations of chapter 9 30 257. The reimbursements provided in this section are 9 31 miscellaneous income as defined in section 257.2. 9 32 4. a. The board of the public school district providing 9 33 transportation to nonpublic students or transportation 9 34 reimbursement to parents of nonpublic school students during a 9 35 school year, shall make a claim for reimbursement to the 10 1 department of education on a form prescribed by the 10 2 department, and the claim shall state the services provided 10 3 and the actual costs incurred. A claim for a student shall 10 4 not exceed the average cost per student transported of the 10 5 resident district for the school year in which the 10 6 transportation is provided except as otherwise provided in 10 7 this section. 10 8 b. School boards shall submit claims for reimbursement to 10 9 the department of education by January 31 and July 15 of each 10 10 school year, accompanied by an affidavit of an officer of the 10 11 public school district affirming the accuracy of the claim. 10 12 The department of education shall certify to the department of 10 13 revenue and finance the amounts of approved claims to be paid, 10 14 and the department of revenue and finance shall draw warrants 10 15 payable to school districts that have established claims. 10 16 5. a. A parent or legal guardian of a student attending a 10 17 nonpublic school, who furnishes transportation for the student 10 18 pursuant to section 285.3 and meets the requirements of 10 19 paragraph "b" of this subsection, is entitled to reimbursement 10 20 equal to an amount calculated under the provisions of section 10 21 285.3, subsection 2. In addition, parents or guardians who 10 22 transport one or more family members more than four miles to 10 23 their nonpublic schools of attendance shall be entitled to one 10 24 supplemental mileage payment per family, per claim period, 10 25 equal to fifteen percent of the parental reimbursement amount, 10 26 rounded to the nearest whole dollar, when calculated under the 10 27 provisions of section 285.3, subsection 2. 10 28 b. To qualify for parental reimbursement under paragraph 10 29 "a", a parent or guardian of a student attending a nonpublic 10 30 school, who furnishes transportation for the student pursuant 10 31 to section 285.3, shall submit a claim for reimbursement to 10 32 the resident public school district, notifying the district 10 33 that the student is enrolled and attending a nonpublic school. 10 34 Claims for reimbursement shall be filed with the district by 10 35 December 1 and May 1 annually and shall include the name, age, 11 1 and grade level of the student, and the name of the nonpublic 11 2 school and its location. The district shall submit claims for 11 3 reimbursement to the department of education on behalf of the 11 4 parent or guardian if the parent or guardian meets the 11 5 requirements of this section. 11 6 Sec. 10. Section 285.8, Code 1995, is amended by striking 11 7 the section and inserting in lieu thereof the following: 11 8 285.8 AVERAGE COST PER STUDENT TRANSPORTED – CALCULATION. 11 9 The average cost per student transported for a school year 11 10 shall be determined by calculating the actual cost for all 11 11 children transported in the state in public school buses for 11 12 that school year. It shall include one-seventh of the 11 13 original net cost of the bus and other items, as determined 11 14 and approved by the director of the department of education, 11 15 but no part of the capital outlay cost for school buses and 11 16 transportation equipment for which the school district is 11 17 reimbursed from state funds or that portion of the cost of the 11 18 operation of a school bus used in transporting students to and 11 19 from extra-curricular activities shall be included in 11 20 determining the average cost per student transported. 11 21 Sec. 11. Section 285.9, Code 1995, is amended by striking 11 22 the section and inserting in lieu thereof the following: 11 23 285.9 POWERS AND DUTIES OF THE DEPARTMENT OF EDUCATION. 11 24 The department shall: 11 25 1. Employ the necessary qualified personnel to implement 11 26 this chapter. The appropriation provided by this chapter may 11 27 be expended in part for salaries and necessary traveling 11 28 expenses incurred by personnel in the performance of their 11 29 official duties pursuant to this chapter. 11 30 2. Exercise general supervision over the school 11 31 transportation system in the state. 11 32 3. Establish uniform standards and rules for the 11 33 administration of this chapter, including: 11 34 a. Protection of the health and safety of the students 11 35 transported. 12 1 b. Efficient operation and maintenance of school 12 2 transportation vehicles. 12 3 c. Minimum construction standards for school 12 4 transportation vehicles. 12 5 d. Procedures for purchase of school transportation 12 6 vehicles. 12 7 e. Locating, establishing, and operating school bus 12 8 routes. 12 9 f. Procedures for transporting persons other than 12 10 students. 12 11 g. Qualifications of school bus drivers, including, but 12 12 not limited to, a requirement that school bus drivers present 12 13 an annual certificate of physical fitness before being 12 14 permitted to operate a vehicle transporting children to and 12 15 from school. 12 16 4. Review and establish the locations of bus routes 12 17 located in more than one area education agency when the area 12 18 education agency boards of the affected area education 12 19 agencies after formal action do not reach an agreement. 12 20 5. Inspect or cause to be inspected annually, in 12 21 accordance with rules established by the department, vehicles 12 22 used as school buses to determine if the vehicles meet legal 12 23 and established standards of construction and can be operated 12 24 with safety, comfort, and economy. When it is determined that 12 25 use of a vehicle is dangerous to the students transported and 12 26 to the safety and welfare of the traveling public, the 12 27 department of education shall order the vehicle to be 12 28 withdrawn from further use on a specified date. School buses 12 29 that do not conform to the requirements of the department of 12 30 education may be issued temporary certificates of operation by 12 31 the department if the school buses can be operated safely and 12 32 if the certificate is issued for a period of not more than one 12 33 year. Equipment may be required to be altered, or safety 12 34 equipment added, in order to make vehicles reasonably safe for 12 35 operation. Inspection and approval seals, issued annually 13 1 upon departmental approval, shall be mounted on the lower 13 2 right hand corner of the windshield. 13 3 6. Aid in the enforcement of the motor vehicle laws 13 4 relating to the transportation of school children. 13 5 7. Review transportation arrangements pursuant to law and 13 6 disapprove any arrangements which are not in conformity with 13 7 the law and established standards and require that 13 8 arrangements be brought into conformity. 13 9 8. Conduct schools of instruction for transportation 13 10 personnel as needed or requested. 13 11 Sec. 12. Section 285.10, Code 1995, is amended by striking 13 12 the section and inserting in lieu thereof the following: 13 13 285.10 POWERS AND DUTIES OF AREA EDUCATION AGENCY BOARDS. 13 14 The area education agency boards shall: 13 15 1. Assist in the enforcement of laws and rules of the 13 16 department of education relating to transportation. 13 17 2. Review and approve transportation arrangements between 13 18 districts in the agency. If transportation arrangements, 13 19 designations, and contracts are not in conformity to law or 13 20 established uniform standards for the locating and operating 13 21 of bus routes, the agency board shall, after receiving all 13 22 facts, make such alterations or changes as necessary to make 13 23 the arrangements, designations, and contracts conform to the 13 24 legal and established requirements and shall notify the 13 25 affected district board of any action. 13 26 3. Approve bus routes outside the boundary of the school 13 27 district operating buses. 13 28 4. When a school board fails to make designations and 13 29 other necessary arrangements for transportation as required by 13 30 law, and after due notice to the school board, make necessary 13 31 arrangements in conformity with law and established 13 32 requirements. Notice shall be given to the school board of 13 33 the arrangements made. The arrangements shall be binding on 13 34 the school board, which shall pay the costs for service as 13 35 arranged. 14 1 Sec. 13. Section 285.11, Code 1995, is amended by striking 14 2 the section and inserting in lieu thereof the following: 14 3 285.11 POWERS AND DUTIES OF SCHOOL BOARDS. 14 4 The board of directors of a district shall: 14 5 1. Provide transportation for each resident student who 14 6 attends public or nonpublic school and is entitled to 14 7 transportation under this chapter. 14 8 2. Establish, maintain, and operate bus routes for the 14 9 transportation of students to provide for economical and 14 10 efficient operation without duplication of facilities, and 14 11 properly safeguard the health and safety of the students 14 12 transported. 14 13 3. Notwithstanding subsection 1, school boards in their 14 14 discretion may do the following: 14 15 a. Provide transportation for some or all resident 14 16 students attending public school or nonpublic schools who are 14 17 not entitled to transportation. 14 18 b. Charge a fee of not more than the district's average 14 19 cost per student transported for the school year in which the 14 20 transportation is provided for each student transported under 14 21 paragraph "a" for the year in which transportation is provided 14 22 under this subsection. 14 23 c. Transport nonresident students attending public or 14 24 nonpublic school who are not entitled to free transportation 14 25 if the school board collects a fee equal to the district's 14 26 average cost per student transported. 14 27 d. Transport senior citizens, children, handicapped 14 28 persons, and other persons and groups who are not otherwise 14 29 entitled to free transportation. However, the board shall 14 30 collect the actual cost of the transportation provided under 14 31 this paragraph. Transportation under this paragraph shall not 14 32 be provided when the school bus is being used to transport 14 33 students to or from school unless the board determines that 14 34 such transportation is desirable and will not interfere with 14 35 or delay the transportation of students. 15 1 e. Furnish a school bus and the services of a qualified 15 2 driver to the following: 15 3 (1) An organization of, or an organization sponsoring 15 4 activities for, senior citizens, children, handicapped, or 15 5 other persons and groups in this state. 15 6 (2) Persons other than students, for transportation to 15 7 activities in which students from the school district are 15 8 participants, or are attending, and for which the school 15 9 district is a sponsor. 15 10 (3) The board shall charge and collect an amount 15 11 sufficient to reimburse all costs of transportation provided 15 12 to persons or groups under this paragraph except when the bus 15 13 is used for transporting students to and from extracurricular 15 14 activities sponsored by the school. A school bus shall be 15 15 used as provided in this subsection only at times when it is 15 16 not needed for transportation of students. 15 17 4. Purchase liability insurance and other insurance 15 18 coverage the board deems advisable to insure the school 15 19 district, its officers, employees, and agents against 15 20 liability incurred as a result of operating school buses, 15 21 including but not limited to liability to students or other 15 22 persons lawfully transported. Section 670.7 shall apply to 15 23 the insurance. 15 24 5. Employ drivers and other employees as necessary, 15 25 prescribe their qualifications and adopt rules for their 15 26 conduct. 15 27 6. Purchase, or lease, and maintain transportation 15 28 facilities. 15 29 7. Purchase or lease school buses as follows: 15 30 a. Prepare separate body and chassis specifications except 15 31 when the bus is constructed as an integral unit, inseparable 15 32 as to body and chassis, by the manufacturer, or when the bus 15 33 is a used or demonstrator bus. 15 34 b. Request competitive bids on comparable equipment on 15 35 school bus body and chassis purchases based upon minimum 16 1 construction standards established by the department of 16 2 education. Separate body and chassis bids shall be requested 16 3 unless the bus is constructed as an integral unit, inseparable 16 4 as to body and chassis, by the manufacturer or is a used or 16 5 demonstrator bus. 16 6 c. Pay for buses from funds available in the school's 16 7 general operating fund or physical plant and equipment fund. 16 8 d. Enter into a contract to pay for buses over a five-year 16 9 period as follows: one-fifth of the cost when the bus is 16 10 delivered and the balance in equal annual installments, plus 16 11 simple interest due. The interest rate shall be the lowest 16 12 rate available and shall not exceed the rate in effect under 16 13 section 74A.2. The bus shall serve as security for balance 16 14 due. 16 15 8. Suspend transportation service due to weather or road 16 16 conditions. Transportation service may be suspended on a day 16 17 or days, due to inclemency of the weather, conditions of 16 18 roads, or the existence of other conditions, when in the 16 19 school board's judgment it is deemed advisable and when the 16 20 school or schools are closed to all children. 16 21 9. Except for teachers under contract with the school 16 22 board, establish employment contracts with bus drivers, 16 23 including temporary or substitute drivers, for school-owned 16 24 equipment. The director of the department of education shall 16 25 prepare a uniform contract containing provisions not in 16 26 conflict with this chapter which shall be used by all school 16 27 boards in contracting with drivers of school-owned vehicles. 16 28 Additional contract provisions may be included as determined 16 29 by the board of directors. 16 30 Sec. 14. Section 285.12, Code 1995, is amended by striking 16 31 the section and inserting in lieu thereof the following: 16 32 285.12 BUS ROUTES – BASIS OF OPERATION. 16 33 The establishment and operation of bus routes and the 16 34 contracts for transportation shall be based upon the following 16 35 considerations: 17 1 1. Each bus route shall be planned and adjusted to 17 2 utilize, as well as can reasonably be expected, the normal 17 3 seating capacity of each bus. Districts are not required to 17 4 maintain seating space on school buses for students who do not 17 5 or will not regularly utilize the district's transportation 17 6 service for extended periods during the school year. The 17 7 student, or the student's parent or legal guardian if the 17 8 student is less than eighteen years of age, shall be notified 17 9 by the board of the district before transportation services 17 10 are suspended, and the suspension may continue until the 17 11 student, or the student's parent or legal guardian, notifies 17 12 the district that regular student ridership will continue. 17 13 2. Each board shall cause each bus route to be reviewed 17 14 annually for safety hazards. 17 15 3. Bus routes shall be established only to give service to 17 16 properly entitled or designated students. 17 17 4. Each bus route shall serve only those students living 17 18 in those areas where transportation by bus is the most 17 19 economical method for providing adequate transportation 17 20 facilities to properly designated students. 17 21 5. Special contracts for transportation of students 17 22 entitled to transportation shall be entered into only when it 17 23 is more economical to do so than to provide transportation by 17 24 regular bus route, or when by reason of physical or mental 17 25 handicap of a student, the student cannot be transported 17 26 safely by bus. 17 27 6. A route shall not be extended for the purpose of 17 28 accommodating students whose homes are nearer another bus 17 29 route. 17 30 7. A bus shall not leave the public highway, for purpose 17 31 of receiving or discharging students, unless the students' 17 32 safety is enhanced, or the private roadway is maintained in 17 33 the same manner as a public roadway. 17 34 8. The use of school buses is restricted to the following: 17 35 a. Transporting students to and from school. 18 1 b. Transportation to and from extracurricular activities 18 2 sponsored by the school when the activity is under the 18 3 direction of a qualified member of the faculty and a part of 18 4 the regular school program. 18 5 c. Transportation of other persons to the extent permitted 18 6 by section 285.11, subsection 3. 18 7 d. Transporting school employees to and from school and 18 8 approved activities they are required to attend as a result of 18 9 their responsibilities. 18 10 e. Transporting a school teacher to and from the teacher's 18 11 school when the school is on an established school bus route 18 12 and the teacher makes arrangements with the district operating 18 13 the school bus. 18 14 Sec. 15. Section 285.13, Code 1995, is amended by striking 18 15 the section and inserting in lieu thereof the following: 18 16 285.13 DISPUTES – HEARINGS AND APPEALS. 18 17 1. If there is a disagreement between a school patron and 18 18 the board of the school district, the patron, if dissatisfied 18 19 with the decision of the district board, may appeal the 18 20 decision to the area education agency board, notifying the 18 21 secretary of the district in writing within ten days of the 18 22 decision of the board and by filing an affidavit of appeal 18 23 with the agency board within the ten-day period. The 18 24 affidavit of appeal shall include the reasons for the appeal 18 25 and points at issue. 18 26 2. On receiving notice of appeal, the secretary of the 18 27 district shall certify all related exhibits and documents to 18 28 the agency board, which shall hear the appeal within ten days 18 29 of the receipt of the related exhibits and documents and 18 30 decide it within three days of the conclusion of the hearing 18 31 and shall immediately notify all parties of its decision. 18 32 3. Either party may appeal the decision of the agency 18 33 board to the state board of education as provided by section 18 34 290.1. Pending final order made by the state board, upon any 18 35 appeal prosecuted to the state board, the order of the agency 19 1 board from which the appeal is taken shall be operative and be 19 2 in full force and effect. 19 3 Sec. 16. Section 285.14, Code 1995, is amended by striking 19 4 the section and inserting in lieu thereof the following: 19 5 285.14 DISAGREEMENTS BETWEEN BOARDS. 19 6 If there is a disagreement between the board of a school 19 7 district and the board of an area education agency, the board 19 8 of the school district may appeal to the state board of 19 9 education as provided by 290.1. 19 10 Sec. 17. Section 285.15, Code 1995, is amended by striking 19 11 the section and inserting in lieu thereof the following: 19 12 285.15 NONSTANDARD BUSES – PENALTIES. 19 13 A person who operates, or permits the operation as a school 19 14 bus to transport students, a vehicle that does not comply with 19 15 the requirements of law or with the rules of the department of 19 16 education, or for which there is not a valid temporary 19 17 certificate for operation, is guilty of a simple misdemeanor. 19 18 Sec. 18. Section 285.16, Code 1995, is amended by striking 19 19 the section and inserting in lieu thereof the following: 19 20 285.16 FAILURE TO COMPLY WITH CHAPTER – PENALTIES. 19 21 Failure of a school district to comply with the provisions 19 22 of this chapter, or any other laws relating to the 19 23 transportation of students, or any rules made by the 19 24 department of education under this chapter, or the final 19 25 decisions of the area education agency board, or the final 19 26 decisions of the department of education, shall, during the 19 27 period the failure to comply exists, forfeit any entitlement 19 28 to collect transportation costs from schools or parents. A 19 29 superintendent, board, or board member who knowingly operates 19 30 or permits to be operated a school bus transporting public 19 31 school students in violation of a school transportation law is 19 32 guilty of a simple misdemeanor. 19 33 Sec. 19. Section 321.18, subsection 7, Code Supplement 19 34 1995, is amended to read as follows: 19 35 7. Any school bus in this state used exclusively for the 20 1 transportation of pupils to and from school or a school 20 2 function or for the purposes provided in section285.1285.2, 20 3subsection 1,and section285.10285.11, subsection93, or 20 4 used exclusively for the transportation of children enrolled 20 5 in a federal head start program. Upon application the 20 6 department shall, without charge, issue a registration 20 7 certificate and shall also issue registration plates which 20 8 shall have imprinted thereon the words "Private School Bus" 20 9 and a distinguishing number assigned to the applicant. Such 20 10 plates shall be attached to the front and rear of each bus 20 11 exempt from registration under this subsection. 20 12 Sec. 20. Section 331.502, subsection 22, Code 1995, is 20 13 amended to read as follows: 20 14 22. Order the treasurer to transfer transportation service 20 15 fees from the account of the debtor school corporation to the 20 16 creditor school corporation as provided in section285.120 17 285.4, subsection134. 20 18 EXPLANATION 20 19 This bill rewrites the school transportation chapter of the 20 20 Iowa Code. The bill updates language and reorganizes current 20 21 Code provisions and sections in chapter 285, but with few 20 22 exceptions, makes no substantive changes in the current 20 23 provisions and sections of chapter 285. 20 24 279.48(2), 282.18(11), 321.18(7), and 331.502(2): Make 20 25 conforming Code references changes. 20 26 285.1: Adds definitions to the chapter, including "average 20 27 cost per student transported", which replaces the term "pro 20 28 rata cost". The bill omits a provision relating to a district 20 29 operating transportation equipment when the district closes 20 30 elementary and high school facilities. The bill also omits a 20 31 provision relating to the failure of a district to pay another 20 32 district for services. Provision is made in the chapter for 20 33 dispute resolution. 20 34 285.7: Changes the formula for calculating a supplemental 20 35 payment for a parent or guardian transporting a student more 21 1 than four miles to a nonpublic school. Currently, section 21 2 285.3 provides a formula based upon all of the base payments 21 3 made to parents or guardians of nonpublic school students 21 4 under section 285.3 and section 285.1, subsection 3. The bill 21 5 provides that a parent or guardian is entitled to a 21 6 supplemental payment equal to 15 percent of the parent or 21 7 guardian's base reimbursement amount. The section also 21 8 requires parents or guardians to submit claims for 21 9 reimbursement to a school district by December 1 and May 1, 21 10 and requires the school districts to submit the claims to the 21 11 department by January 31 and July 15. A deadline by which the 21 12 department is required to certify the amount of the claims to 21 13 the department of revenue and finance is removed. 21 14 285.8: Establishes the means for calculating the average 21 15 cost per student transported, and omits current Code language 21 16 that allows a district in unusual circumstances to charge in 21 17 excess of the actual operating cost of a bus route used to 21 18 furnish transportation to nonresident students. 21 19 285.9: Directs the department of education to carry out 21 20 the provisions chapter 285 relating to the transportation of 21 21 nonpublic school students. 21 22 LSB 4233SC 76 21 23 kh/cf/24
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