Text: HF02536                           Text: HF02538
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2537

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 279.48, subsection 2, Code 1997, 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 section 285.10 285.11,
  1  7 subsection 7, 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 10, Code Supplement
  1 10 1997, is amended to read as follows:
  1 11    10.  Notwithstanding section 285.1 285.2 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 1997, is amended by striking
  2  6 the section and inserting in lieu thereof the following:
  2  7    285.1  DEFINITIONS.
  2  8    1.  "Average cost per student transported" means the pro
  2  9 rata cost of transporting a student for a school year, during
  2 10 the school year only, to and from the school in which the
  2 11 student is enrolled and calculated under section 285.8.
  2 12    2.  "Elementary school student" for purposes of this
  2 13 chapter means a student enrolled in an accredited public or
  2 14 nonpublic school, grades kindergarten through eight or nine as
  2 15 determined by the board of directors of the public school
  2 16 district or, in the case of nonpublic schools, by the
  2 17 governing authority of the nonpublic school.
  2 18    3.  "High school student" for purposes of this chapter
  2 19 means a student enrolled in an accredited public or nonpublic
  2 20 school in grades nine or ten through twelve as determined by
  2 21 the board of directors of the school district or, in the case
  2 22 of nonpublic schools, by the governing authority of the
  2 23 nonpublic school.
  2 24    4.  "Nonpublic school" means a nonpublic school accredited
  2 25 by the department of education as provided in section 256.11
  2 26 and nonpublic institutions that comply with state board of
  2 27 education standards for providing special education programs.
  2 28    5.  "School or district board" means the board of directors
  2 29 of a school district.
  2 30    6.  "School bus" means a school bus as defined in 321.1,
  2 31 but shall not include a vehicle used for an approved driver
  2 32 education course in which the driver education teacher
  2 33 transports a driver education student from the student's
  2 34 residence for the purpose of street or highway driving.
  2 35    7.  "School designated for attendance" means the accredited
  3  1 school designated for attendance by the board of directors of
  3  2 the school district, or in the case of a nonpublic school, by
  3  3 the parent or guardian of a nonpublic school student.
  3  4    8.  "Prekindergarten student" means a student enrolled in a
  3  5 prekindergarten program offered or sponsored by a school
  3  6 district or nonpublic school and approved by the department of
  3  7 education.
  3  8    Sec. 4.  Section 285.2, Code 1997, is amended by striking
  3  9 the section and inserting in lieu thereof the following:
  3 10    285.2  ENTITLEMENT TO SCHOOL TRANSPORTATION.
  3 11    1.  The board of directors of a school district shall
  3 12 provide transportation, either directly or by reimbursement
  3 13 for transportation in accordance with section 285.3, to and
  3 14 from the designated school of attendance, at no cost to the
  3 15 parent or guardian, for resident students attending public
  3 16 school, kindergarten through twelfth grade, except that:
  3 17    a.  Elementary students are entitled to transportation only
  3 18 if they live more than two miles from the school designated
  3 19 for attendance.
  3 20    b.  High school students are entitled to transportation
  3 21 only if they live more than three miles from the school
  3 22 designated for attendance.
  3 23    c.  Students attending public school prekindergarten
  3 24 programs offered or sponsored by the district and approved by
  3 25 the department of education may be provided transportation
  3 26 services as if they were public school elementary pupils.
  3 27    2.  Students attending prekindergarten programs offered or
  3 28 sponsored by a nonpublic school may be transported to the
  3 29 nonpublic school in the manner provided in this chapter, but
  3 30 those students are not eligible for transportation
  3 31 reimbursement under this chapter.  The board of directors
  3 32 transporting nonpublic school prekindergarten students shall
  3 33 charge a fee for the transportation services as provided in
  3 34 section 285.11, subsection 3, paragraph "d".
  3 35    3.  Distance to school or to a bus route, for the purpose
  4  1 of determining entitlement to transportation services, shall
  4  2 be measured on the public highway only and over the most
  4  3 passable and safest highway route as determined by the
  4  4 district's board, starting in the roadway opposite the private
  4  5 entrance to the residence of the student and ending in the
  4  6 roadway opposite an entrance to the school grounds of the
  4  7 student's designated attendance center, except as provided in
  4  8 subsection 4.  Disputes over safety or entitlement may be
  4  9 appealed to the area education agency board for resolution
  4 10 pursuant to section 285.13.
  4 11    4.  A parent or guardian of a prekindergarten or elementary
  4 12 student entitled to transportation may request that a child
  4 13 day care facility, as defined in section 237A.1, be designated
  4 14 as the student's residence for purposes of subsection 3 rather
  4 15 than the actual residence of the student.  The request shall
  4 16 be submitted for a period of time of at least one semester and
  4 17 shall not be submitted more than twice during a school year.
  4 18 A board of directors providing transportation service to a
  4 19 child day care facility located fewer than two miles from a
  4 20 student's school designated for attendance may charge a fee
  4 21 for the transportation in an amount not to exceed the
  4 22 district's average cost per pupil transported calculated under
  4 23 section 285.8.
  4 24    5.  Transportation for which the average cost per student
  4 25 transported or other charge is collected shall not be provided
  4 26 outside the state of Iowa except in accordance with rules
  4 27 adopted by the department of education in accordance with
  4 28 chapter 17A.  The rules shall take into account any applicable
  4 29 federal requirements.
  4 30    Sec. 5.  Section 285.3, Code 1997, is amended by striking
  4 31 the section and inserting in lieu thereof the following:
  4 32    285.3  TRANSPORTATION BY PARENTS.
  4 33    1.  Where unsatisfactory roads or other conditions make it
  4 34 advisable, a district board in its discretion may require the
  4 35 parent or guardian of a public or nonpublic school student to
  5  1 furnish transportation for the student a distance of not to
  5  2 exceed two miles to connect or meet with a school bus.  The
  5  3 parent or guardian shall be reimbursed for the transportation
  5  4 by the board of the resident district at a rate based on the
  5  5 current annual mileage rate allowance determined and approved
  5  6 by the United States Internal Revenue Service in accordance
  5  7 with 26 U.S.C. } 274(d), for allowable personal income tax
  5  8 mileage expense.  The mileage payment shall be based on miles
  5  9 traveled one way, per day, per family when measured over the
  5 10 public highway only for the distance from the student's
  5 11 residence to the connection point on the bus route.
  5 12    2.  In a district where transportation by school bus is
  5 13 impracticable or unavailable, or where necessary to implement
  5 14 a whole grade sharing agreement under section 282.10, the
  5 15 board may require parents or guardians to furnish
  5 16 transportation for their children to the schools designated
  5 17 for attendance.  Except as provided in section 285.7, the
  5 18 parent or guardian shall be reimbursed for the transportation
  5 19 service for public and nonpublic school students by the board
  5 20 of the resident district in an amount equal to eighty dollars
  5 21 plus seventy-five percent of the difference between eighty
  5 22 dollars and the previous school year's statewide average cost
  5 23 per student transported, as determined by the department of
  5 24 education.  However, a parent or guardian shall not receive
  5 25 reimbursement for furnishing transportation for more than
  5 26 three family members who attend kindergarten or elementary
  5 27 school and one family member who attends high school.
  5 28    3.  Notwithstanding subsections 1 and 2, a parent or
  5 29 guardian may be required to provide transportation to the
  5 30 connection point on a bus route without reimbursement if the
  5 31 distance does not exceed three-fourths of a mile when measured
  5 32 over the public roadway only.
  5 33    Sec. 6.  Section 285.4, Code 1997, is amended by striking
  5 34 the section and inserting in lieu thereof the following:
  5 35    285.4  DISTRICT ARRANGEMENTS FOR STUDENT TRANSPORTATION.
  6  1    1.  Where transportation by school bus is impracticable,
  6  2 unavailable, or other existing conditions warrant it, the
  6  3 school board may contract for use of common carriers according
  6  4 to uniform standards established by the director of the
  6  5 department of education and at a cost based upon the actual
  6  6 cost of transportation service and approved by the school
  6  7 board.
  6  8    2.  When a school board pays the costs for a student to
  6  9 attend another district under a whole grade sharing agreement
  6 10 pursuant to sections 282.10 through 282.12, the board of the
  6 11 resident district shall provide transportation to and from the
  6 12 school designated for attendance for the student.  This
  6 13 section does not apply to students attending school in another
  6 14 district under open enrollment in section 282.18.
  6 15    Sec. 7.  Section 285.5, Code 1997, is amended by striking
  6 16 the section and inserting in lieu thereof the following:
  6 17    285.5  CONTRACTS FOR SCHOOL BUS SERVICE.
  6 18    1.  Contracts for school bus service with other school
  6 19 districts, nonpublic schools, or private parties shall be in
  6 20 writing and be for the transportation of children attending
  6 21 public or nonpublic school.  The contracts shall define the
  6 22 route, duration of the agreement, service contracted for,
  6 23 compensation to be paid, and the vehicle to be used.  The
  6 24 contract shall prescribe the duties of the contractor and
  6 25 driver of the vehicles and shall provide that every person in
  6 26 charge of a vehicle conveying children to and from school
  6 27 shall be at all times subject to any rules the school board
  6 28 shall adopt for the protection of the children or to govern
  6 29 the conduct of the persons in charge of the vehicle.
  6 30    2.  A contract shall provide that the contractor will sell
  6 31 the transportation equipment to the board should the
  6 32 contractor desire to terminate the contract, provided that the
  6 33 school board desires to purchase the equipment.  The price of
  6 34 the equipment sold to the school board shall be determined by
  6 35 an appraisal board composed of one person appointed by the
  7  1 school board, one appointed by the owner of the equipment, and
  7  2 a third person selected by these two.
  7  3    3.  The contractor shall operate the vehicle or provide a
  7  4 driver who must be approved by the board.  The driver of a
  7  5 vehicle shall be subject to all laws and prescribed standards
  7  6 for school bus drivers.  Failure to comply shall constitute
  7  7 grounds for dismissal of the driver or cancellation of the
  7  8 contract if the board so desires.
  7  9    4.  Vehicles of transportation provided by the contractor
  7 10 shall be inspected, approved, and certified before being put
  7 11 into operation in the manner provided in section 285.9,
  7 12 subsection 5.
  7 13    5.  Contracts for transportation services may be made for a
  7 14 period not to exceed three years.  Contracts may be terminated
  7 15 by either party on a ninety-day notice.
  7 16    6.  The director of the department of education shall
  7 17 prepare a uniform contract, containing provisions not in
  7 18 conflict with this chapter, which shall be used by all school
  7 19 districts in contracting for transportation service.  However,
  7 20 a school board may add to the provisions of the uniform
  7 21 contract.
  7 22    7.  All contractors providing school transportation service
  7 23 shall carry liability insurance at least in amounts and kind
  7 24 as provided in the uniform contract.
  7 25    8.  Private buses, other than common carriers not used
  7 26 exclusively in transportation of students while under contract
  7 27 to a school district, shall meet construction and operation
  7 28 requirements for school-owned buses.
  7 29    Sec. 8.  Section 285.6, Code 1997, is amended by striking
  7 30 the section and inserting in lieu thereof the following:
  7 31    285.6  NONPUBLIC STUDENT TRANSPORTATION.
  7 32    1.  Resident students attending a nonpublic school located
  7 33 either within or outside the school district of the student's
  7 34 residence are entitled to transportation on the same basis as
  7 35 provided for resident public school students under this
  8  1 chapter.  The public school district may meet the requirements
  8  2 of this section by any of the following:
  8  3    a.  Providing transportation services in a school bus
  8  4 operated by the district.
  8  5    b.  Contracting with a contiguous public school district, a
  8  6 nonpublic school, or private parties as provided in section
  8  7 285.5.  However, contracts shall not provide payment in excess
  8  8 of the average cost per student transported of the school
  8  9 district for that school year.
  8 10    c.  Utilizing the parent transportation reimbursement in
  8 11 the manner provided in section 285.3.
  8 12    2.  The public school district providing transportation to
  8 13 a nonpublic school student shall determine the days on which
  8 14 bus service is provided, based upon the days for which bus
  8 15 service is provided to public school students.  The public
  8 16 school district shall determine bus schedules and routes.
  8 17    3.  If the nonpublic school designated for attendance is
  8 18 located within the public school district in which the student
  8 19 is a resident, the student shall be provided transportation in
  8 20 accordance 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, one of the following may occur:
  8 25    a.  The resident district may provide, in district
  8 26 vehicles, transportation from the nonpublic school student's
  8 27 residence to the nonpublic school designated for attendance in
  8 28 the contiguous district.
  8 29    b.  A contiguous district may provide transportation
  8 30 service from the nonpublic student's residence, or from a
  8 31 designated point within the boundary of the transporting
  8 32 district, to the designated nonpublic school.  The board of
  8 33 the contiguous district providing the transportation shall
  8 34 provide written notice to the nonpublic school student's
  8 35 district of residence, that it is providing the transportation
  9  1 service and it is making the claim for reimbursement for the
  9  2 nonpublic school student's transportation under section 285.7.
  9  3 Transportation by the board of the contiguous district
  9  4 relieves the resident district of any requirement to provide
  9  5 transportation services.
  9  6    c.  Transportation outside the boundary of the resident
  9  7 district shall be approved by the area education agency in
  9  8 accordance with section 285.10, subsection 3.
  9  9    5.  If the nonpublic school designated for attendance is
  9 10 located in a district that is not contiguous to the resident
  9 11 district, the parent transportation reimbursement provided for
  9 12 in section 285.3, subsection 2, is the only transportation
  9 13 option available to the resident district.
  9 14    Sec. 9.  NEW SECTION.  285.7  SUBMISSION AND PAYMENT OF
  9 15 CLAIMS FOR NONPUBLIC STUDENT TRANSPORTATION.
  9 16    1.  Boards of directors of school districts are required to
  9 17 provide transportation services to nonpublic school students
  9 18 as provided in section 285.6 when the general assembly
  9 19 appropriates funds to the department of education for the
  9 20 payment of claims for transportation costs submitted by the
  9 21 school districts.
  9 22    2.  There is appropriated from the general fund of the
  9 23 state to the department of education funds sufficient to pay
  9 24 the approved claims of public school districts for
  9 25 transportation services to nonpublic school students as
  9 26 provided in this section.  The amount paid for an approved
  9 27 claim, based upon the moneys appropriated for approved claims,
  9 28 shall be determined under this section and section 285.6.
  9 29    3.  The costs of providing transportation to nonpublic
  9 30 school students as provided in section 285.6 shall not be
  9 31 included in the computation of district cost under chapter
  9 32 257, but shall be shown in the budget as an expense from
  9 33 miscellaneous income.  Transportation reimbursements received
  9 34 by a school district for transporting nonpublic school
  9 35 students shall not affect district cost limitations of chapter
 10  1 257.  The reimbursements provided in this section are
 10  2 miscellaneous income as defined in section 257.2.
 10  3    4.  a.  The board of the public school district providing
 10  4 transportation to nonpublic students or transportation
 10  5 reimbursement to parents of nonpublic school students during a
 10  6 school year shall make a claim for reimbursement to the
 10  7 department of education on a form prescribed by the
 10  8 department, and the claim shall state the services provided
 10  9 and the actual costs incurred.  A claim for a student shall
 10 10 not exceed the average cost per student transported of the
 10 11 resident district for the school year in which the
 10 12 transportation is provided except as otherwise provided in
 10 13 this section.
 10 14    b.  School boards shall submit claims for reimbursement to
 10 15 the department of education by January 31 and July 15 of each
 10 16 school year, accompanied by an affidavit of an officer of the
 10 17 public school district affirming the accuracy of the claim.
 10 18 The department of education shall certify to the department of
 10 19 revenue and finance the amounts of approved claims to be paid,
 10 20 and the department of revenue and finance shall draw warrants
 10 21 payable to school districts that have established claims.
 10 22    5.  a.  A parent or legal guardian of a student attending
 10 23 an accredited nonpublic school, who furnishes transportation
 10 24 for the student pursuant to section 285.3 and meets the
 10 25 requirements of paragraph "b", is entitled to reimbursement
 10 26 equal to an amount calculated under the provisions of section
 10 27 285.3, subsection 2.  In addition, parents or guardians who
 10 28 transport one or more family members more than four miles to
 10 29 their nonpublic schools of attendance shall be entitled to one
 10 30 supplemental mileage payment per family, per claim period,
 10 31 equal to fifteen percent of the parental reimbursement amount,
 10 32 rounded to the nearest whole dollar, as calculated for an
 10 33 individual student under the provisions of section 285.3,
 10 34 subsection 2.
 10 35    b.  To qualify for parental reimbursement under paragraph
 11  1 "a", a parent or guardian of a student attending a nonpublic
 11  2 school, who furnishes transportation for the student pursuant
 11  3 to section 285.3, shall submit a claim for reimbursement to
 11  4 the resident public school district, on a form prescribed by
 11  5 the department, notifying the district that the student is
 11  6 enrolled and attending a nonpublic school.  Claims for
 11  7 reimbursement shall be filed with the district by December 1
 11  8 and May 1 annually and shall include the name, age, and grade
 11  9 level of the student, and the name of the nonpublic school and
 11 10 its location.  The district shall submit claims for
 11 11 reimbursement to the department of education on behalf of the
 11 12 parent or guardian if the parent or guardian meets the
 11 13 requirements of this section.
 11 14    Sec. 10.  Section 285.8, Code 1997, is amended by striking
 11 15 the section and inserting in lieu thereof the following:
 11 16    285.8  AVERAGE COST PER STUDENT TRANSPORTED – CALCULATION.
 11 17    The average cost per student transported for a school year
 11 18 shall be determined by calculating the actual cost for all
 11 19 children transported in the state in public school buses for
 11 20 that school year.  It shall include one-seventh of the
 11 21 original net cost of the bus and other items, as determined
 11 22 and approved by the director of the department of education,
 11 23 but no part of the capital outlay cost for school buses and
 11 24 transportation equipment for which the school district is
 11 25 reimbursed from state funds or that portion of the cost of the
 11 26 operation of a school bus used in transporting students to and
 11 27 from extracurricular activities shall be included in
 11 28 determining the average cost per student transported.
 11 29    Sec. 11.  Section 285.9, Code 1997, is amended by striking
 11 30 the section and inserting in lieu thereof the following:
 11 31    285.9  POWERS AND DUTIES OF THE DEPARTMENT OF EDUCATION.
 11 32    The department shall:
 11 33    1.  Employ the necessary qualified personnel to implement
 11 34 this chapter.  The appropriation provided by this chapter may
 11 35 be expended in part for salaries and necessary traveling
 12  1 expenses incurred by personnel in the performance of their
 12  2 official duties pursuant to this chapter.
 12  3    2.  Exercise general supervision over the school
 12  4 transportation system in the state.
 12  5    3.  Establish uniform standards and rules for the
 12  6 administration of this chapter, including:
 12  7    a.  Protection of the health and safety of the students
 12  8 transported.
 12  9    b.  Efficient operation and maintenance of school
 12 10 transportation vehicles.
 12 11    c.  Minimum construction standards for school
 12 12 transportation vehicles.
 12 13    d.  Procedures for purchase of school transportation
 12 14 vehicles.
 12 15    e.  Locating, establishing, and operating school bus
 12 16 routes.
 12 17    f.  Procedures for transporting persons other than
 12 18 students.
 12 19    g.  Qualifications of school bus drivers, including, but
 12 20 not limited to, a requirement that school bus drivers present
 12 21 an annual certificate of physical fitness before being
 12 22 permitted to operate a vehicle transporting children to and
 12 23 from school.
 12 24    4.  Review and establish the locations of bus routes
 12 25 located in more than one area education agency when the area
 12 26 education agency boards of the affected area education
 12 27 agencies after formal action do not reach an agreement.
 12 28    5.  Inspect or cause to be inspected annually, in
 12 29 accordance with rules established by the department, vehicles
 12 30 used as school buses to determine if the vehicles meet legal
 12 31 and established standards of construction and can be operated
 12 32 with safety, comfort, and economy.  When it is determined that
 12 33 use of a vehicle is dangerous to the students transported and
 12 34 to the safety and welfare of the traveling public, the
 12 35 department of education shall order the vehicle to be
 13  1 withdrawn from further use on a specified date.  School buses
 13  2 that do not conform to the requirements of the department of
 13  3 education may be issued temporary certificates of operation by
 13  4 the department if the school buses can be operated safely and
 13  5 if the certificate is issued for a period of not more than one
 13  6 year.  Equipment may be required to be altered, or safety
 13  7 equipment added, in order to make vehicles reasonably safe for
 13  8 operation.  New school buses shall, after initial inspection
 13  9 and approval, be issued an original seal of inspection, which
 13 10 shall be placed in the lower right hand corner of the
 13 11 windshield and shall remain in that position throughout the
 13 12 service life of the bus.  In addition, after each inspection,
 13 13 an annual seal of inspection and approval shall be issued and
 13 14 also placed in the lower right hand corner of the windshield
 13 15 of the bus.
 13 16    6.  Aid in the enforcement of the motor vehicle laws
 13 17 relating to the transportation of school children.
 13 18    7.  Review transportation arrangements pursuant to law and
 13 19 disapprove any arrangements which are not in conformity with
 13 20 the law and established standards, and require that
 13 21 transportation arrangements be brought into conformity.
 13 22    8.  Conduct schools of instruction for transportation
 13 23 personnel as needed or requested.
 13 24    Sec. 12.  Section 285.10, Code 1997, is amended by striking
 13 25 the section and inserting in lieu thereof the following:
 13 26    285.10  POWERS AND DUTIES OF AREA EDUCATION AGENCY BOARDS.
 13 27    The area education agency boards shall:
 13 28    1.  Assist in the enforcement of laws and rules of the
 13 29 department of education relating to transportation.
 13 30    2.  Review and approve transportation arrangements between
 13 31 districts in the agency.  If transportation arrangements,
 13 32 designations, and contracts are not in conformity to law or
 13 33 established uniform standards for the locating and operating
 13 34 of bus routes, the agency board shall, after receiving all
 13 35 facts, make such alterations or changes as necessary to make
 14  1 the arrangements, designations, and contracts conform to the
 14  2 legal and established requirements and shall notify the
 14  3 affected district board of any action.
 14  4    3.  Approve bus routes outside the boundary of the school
 14  5 district operating buses.
 14  6    4.  When a school board fails to make designations and
 14  7 other necessary arrangements for transportation as required by
 14  8 law, and after due notice to the school board, make necessary
 14  9 arrangements in conformity with law and established
 14 10 requirements.  Notice shall be given to the school board of
 14 11 the arrangements made.  The arrangements shall be binding on
 14 12 the school board, which shall pay the costs for service as
 14 13 arranged.
 14 14    Sec. 13.  Section 285.11, Code 1997, is amended by striking
 14 15 the section and inserting in lieu thereof the following:
 14 16    285.11  POWERS AND DUTIES OF SCHOOL BOARDS.
 14 17    The board of directors of a district shall:
 14 18    1.  Provide transportation for each resident student who
 14 19 attends public or nonpublic school and is entitled to
 14 20 transportation under this chapter.
 14 21    2.  Establish, maintain, and operate bus routes for the
 14 22 transportation of students to provide for economical and
 14 23 efficient operation without duplication of facilities, and
 14 24 properly safeguard the health and safety of the students
 14 25 transported.
 14 26    3.  Notwithstanding subsection 1, school boards in their
 14 27 discretion may do the following:
 14 28    a.  Provide transportation for some or all resident
 14 29 students attending public school or nonpublic schools who are
 14 30 not entitled to transportation.
 14 31    b.  Charge a fee of not more than the district's average
 14 32 cost per student transported for the school year in which the
 14 33 transportation is provided for each student transported under
 14 34 paragraph "a" for the year in which transportation is provided
 14 35 under this subsection.
 15  1    c.  Transport nonresident students attending public or
 15  2 nonpublic school who are not entitled to free transportation
 15  3 if the school board collects a fee equal to the district's
 15  4 average cost per student transported.
 15  5    d.  Transport senior citizens, children, persons with
 15  6 disabilities, and other persons and groups who are not
 15  7 otherwise entitled to free transportation.  However, the board
 15  8 shall collect the actual cost of the transportation provided
 15  9 under this paragraph.  Transportation under this paragraph
 15 10 shall not be provided when the school bus is being used to
 15 11 transport students to or from school unless the board
 15 12 determines that such transportation is desirable and will not
 15 13 interfere with or delay the transportation of students.
 15 14    e.  Furnish a school bus and the services of a qualified
 15 15 driver to the following:
 15 16    (1)  An organization of, or an organization sponsoring
 15 17 activities for, senior citizens, children, persons with
 15 18 disabilities, or other persons and groups in this state.
 15 19    (2)  Persons other than students, for transportation to
 15 20 activities in which students from the school district are
 15 21 participants, or are attending, and for which the school
 15 22 district is a sponsor.
 15 23    (3)  The board shall charge and collect an amount
 15 24 sufficient to reimburse all costs of transportation provided
 15 25 to persons or groups under this paragraph except when the bus
 15 26 is used for transporting students to and from extracurricular
 15 27 activities sponsored by the school.  A school bus shall be
 15 28 used as provided in this subsection only at times when it is
 15 29 not needed for transportation of students.
 15 30    4.  Purchase liability insurance and other insurance
 15 31 coverage the board deems advisable to insure the school
 15 32 district, its officers, employees, and agents against
 15 33 liability incurred as a result of operating school buses,
 15 34 including but not limited to liability to students or other
 15 35 persons lawfully transported.  Section 670.7 shall apply to
 16  1 the insurance.
 16  2    5.  Employ drivers and other employees as necessary,
 16  3 prescribe their qualifications, and adopt rules for their
 16  4 conduct.
 16  5    6.  Purchase, or lease, and maintain transportation
 16  6 facilities.
 16  7    7.  Purchase or lease school buses as follows:
 16  8    a.  Prepare separate body and chassis specifications except
 16  9 when the bus is constructed as an integral unit, inseparable
 16 10 as to body and chassis, by the manufacturer, or when the bus
 16 11 is a used or demonstrator bus.
 16 12    b.  Request competitive bids on comparable equipment on
 16 13 school bus body and chassis purchases based upon minimum
 16 14 construction standards established by the department of
 16 15 education.  Separate body and chassis bids shall be requested
 16 16 unless the bus is constructed as an integral unit, inseparable
 16 17 as to body and chassis, by the manufacturer, or when the bus
 16 18 is a used or demonstrator bus.
 16 19    c.  Pay for buses from funds available in the school's
 16 20 general operating fund or physical plant and equipment fund.
 16 21    d.  Enter into a contract to pay for buses over a five-year
 16 22 period as follows:  one-fifth of the cost when the bus is
 16 23 delivered and the balance in equal annual installments, plus
 16 24 simple interest due.  The interest rate shall be the lowest
 16 25 rate available and shall not exceed the rate in effect under
 16 26 section 74A.2.  The bus shall serve as security for balance
 16 27 due.
 16 28    8.  Suspend transportation service due to weather or road
 16 29 conditions.  Transportation service may be suspended on a day
 16 30 or days, due to inclemency of the weather, conditions of
 16 31 roads, or the existence of other conditions, when in the
 16 32 school board's judgment it is deemed advisable and when the
 16 33 school or schools are closed to all children.
 16 34    9.  Except for teachers under contract with the school
 16 35 board, establish employment contracts with bus drivers,
 17  1 including temporary or substitute drivers, for school-owned
 17  2 equipment.  The director of the department of education shall
 17  3 prepare a uniform contract containing provisions not in
 17  4 conflict with this chapter which shall be used by all school
 17  5 boards in contracting with drivers of school-owned vehicles.
 17  6 Additional contract provisions may be included as determined
 17  7 by the board of directors.
 17  8    Sec. 14.  Section 285.12, Code 1997, is amended by striking
 17  9 the section and inserting in lieu thereof the following:
 17 10    285.12  BUS ROUTES – BASIS OF OPERATION.
 17 11    The establishment and operation of bus routes and the
 17 12 contracts for transportation shall be based upon the following
 17 13 considerations:
 17 14    1.  Each bus route shall be planned and adjusted to
 17 15 utilize, as well as can reasonably be expected, the normal
 17 16 seating capacity of each bus.  Districts are not required to
 17 17 maintain seating space on school buses for students who do not
 17 18 or will not regularly utilize the district's transportation
 17 19 service for extended periods during the school year.  The
 17 20 student, or the student's parent or legal guardian if the
 17 21 student is less than eighteen years of age, shall be notified
 17 22 by the board of the district before transportation services
 17 23 are suspended, and the suspension may continue until the
 17 24 student, or the student's parent or legal guardian, notifies
 17 25 the district that regular student ridership will continue.
 17 26    2.  Each board shall cause each bus route to be reviewed
 17 27 annually for safety hazards.
 17 28    3.  Bus routes shall be established only to give service to
 17 29 properly entitled or designated students.
 17 30    4.  Each bus route shall serve only those students living
 17 31 in those areas where transportation by bus is the most
 17 32 economical method for providing adequate transportation
 17 33 facilities to properly designated students.
 17 34    5.  Special contracts for transportation of students
 17 35 entitled to transportation shall be entered into only when it
 18  1 is more economical to do so than to provide transportation by
 18  2 regular bus route, or when, by reason of physical or mental
 18  3 disability of a student, the student cannot be transported
 18  4 safely by bus.
 18  5    6.  A route shall not be extended for the purpose of
 18  6 accommodating students whose homes are nearer another bus
 18  7 route.
 18  8    7.  A bus shall not leave the public highway for the
 18  9 purpose of receiving or discharging students, unless the
 18 10 students' safety is enhanced or the private roadway is
 18 11 maintained in the same manner as a public roadway.
 18 12    8.  The use of school buses is restricted to the following:
 18 13    a.  Transporting students to and from school.
 18 14    b.  Transportation to and from extracurricular activities
 18 15 sponsored by the school when the activity is under the
 18 16 direction of a qualified member of the faculty and a part of
 18 17 the regular school program.
 18 18    c.  Transportation of other persons to the extent permitted
 18 19 by section 285.11, subsection 3.
 18 20    d.  Transporting school employees to and from school and
 18 21 approved activities they are required to attend as a result of
 18 22 their responsibilities.
 18 23    e.  Transporting a school teacher to and from the teacher's
 18 24 school when the school is on an established school bus route
 18 25 and the teacher makes arrangements with the district operating
 18 26 the school bus.
 18 27    Sec. 15.  Section 285.13, Code 1997, is amended by striking
 18 28 the section and inserting in lieu thereof the following:
 18 29    285.13  DISPUTES – HEARINGS AND APPEALS.
 18 30    1.  If there is a disagreement between a school patron and
 18 31 the board of the school district, the patron, if dissatisfied
 18 32 with the decision of the district board, may appeal the
 18 33 decision to the area education agency board, notifying the
 18 34 secretary of the district in writing within ten days of the
 18 35 decision of the board and by filing an affidavit of appeal
 19  1 with the agency board within the ten-day period.  The
 19  2 affidavit of appeal shall include the reasons for the appeal
 19  3 and points at issue.
 19  4    2.  On receiving notice of appeal, the secretary of the
 19  5 district shall certify all related exhibits and documents to
 19  6 the agency board, which shall hear the appeal within ten days
 19  7 of the receipt of the related exhibits and documents and
 19  8 decide it within three days of the conclusion of the hearing
 19  9 and shall immediately notify all parties of its decision.
 19 10    3.  Either party may appeal the decision of the agency
 19 11 board to the state board of education as provided by section
 19 12 290.1.  Pending final order made by the state board, upon any
 19 13 appeal prosecuted to the state board, the order of the agency
 19 14 board from which the appeal is taken shall be operative and be
 19 15 in full force and effect.
 19 16    Sec. 16.  Section 285.14, Code 1997, is amended by striking
 19 17 the section and inserting in lieu thereof the following:
 19 18    285.14  DISAGREEMENTS BETWEEN BOARDS.
 19 19    If there is a disagreement between the board of a school
 19 20 district and the board of an area education agency, the board
 19 21 of the school district may appeal to the state board of
 19 22 education as provided by 290.1.
 19 23    Sec. 17.  Section 285.15, Code 1997, is amended by striking
 19 24 the section and inserting in lieu thereof the following:
 19 25    285.15  NONSTANDARD BUSES – PENALTIES.
 19 26    A person who operates or permits the operation of a vehicle
 19 27 as a school bus to transport students, that does not comply
 19 28 with the requirements of law or with the rules of the
 19 29 department of education, or for which there is not a valid
 19 30 temporary certificate for operation, is guilty of a simple
 19 31 misdemeanor.
 19 32    Sec. 18.  Section 285.16, Code 1997, is amended by striking
 19 33 the section and inserting in lieu thereof the following:
 19 34    285.16  FAILURE TO COMPLY WITH CHAPTER – PENALTIES.
 19 35    Failure of a school district to comply with the provisions
 20  1 of this chapter, or any other laws relating to the
 20  2 transportation of students, or any rules made by the
 20  3 department of education under this chapter, or the final
 20  4 decisions of the area education agency board, or the final
 20  5 decisions of the department of education, shall, during the
 20  6 period the failure to comply exists, forfeit any entitlement
 20  7 to collect transportation costs from schools or parents.  A
 20  8 superintendent, board, or board member who knowingly operates
 20  9 or permits to be operated a school bus transporting public
 20 10 school students in violation of a school transportation law is
 20 11 guilty of a simple misdemeanor.
 20 12    Sec. 19.  Section 321.18, subsection 7, Code 1997, is
 20 13 amended to read as follows:
 20 14    7.  Any school bus in this state used exclusively for the
 20 15 transportation of pupils to and from school or a school
 20 16 function or for the purposes provided in section 285.1,
 20 17 subsection 1, 285.2 and section 285.10 285.11, subsection 9 3,
 20 18 or used exclusively for the transportation of children
 20 19 enrolled in a federal head start program.  Upon application
 20 20 the department shall, without charge, issue a registration
 20 21 certificate and shall also issue registration plates which
 20 22 shall have imprinted thereon the words "Private School Bus"
 20 23 and a distinguishing number assigned to the applicant.  Such
 20 24 plates shall be attached to the front and rear of each bus
 20 25 exempt from registration under this subsection.
 20 26    Sec. 20.  Section 331.502, subsection 22, Code 1997, is
 20 27 amended by striking the subsection.  
 20 28                           EXPLANATION
 20 29    This bill rewrites the school transportation chapter of the
 20 30 Iowa Code.  The bill updates language and reorganizes current
 20 31 Code provisions and sections in chapter 285, but with few
 20 32 exceptions, makes no substantive changes in the current
 20 33 provisions and sections of chapter 285.
 20 34    279.48(2), 282.18(10), and 321.18(7):  Make conforming Code
 20 35 references changes.
 21  1    285.1:  Adds definitions to the chapter, including "average
 21  2 cost per student transported", which replaces the term "pro
 21  3 rata cost".  The bill omits a provision relating to a district
 21  4 operating transportation equipment when the district closes
 21  5 elementary and high school facilities.  The bill also omits a
 21  6 provision relating to the failure of a district to pay another
 21  7 district for services.  Provision is made in the chapter for
 21  8 dispute resolution.
 21  9    285.3:  Changes the rate of reimbursement for
 21 10 transportation provided by parents to meet a bus on the route
 21 11 to a rate based upon the annual optional standard mileage rate
 21 12 approved by the United States Internal Revenue Service for the
 21 13 allowable personal income tax mileage expense determined in
 21 14 accordance with 26 U.S.C. } 274(d), which for 1997 is 31.5
 21 15 cents per mile.
 21 16    285.7:  Changes the formula for calculating a supplemental
 21 17 payment for a parent or guardian transporting a student more
 21 18 than four miles to a nonpublic school.  Currently, section
 21 19 285.3 provides a formula based upon all of the base payments
 21 20 made to parents or guardians of nonpublic school students
 21 21 under section 285.3 and section 285.1, subsection 3.  The bill
 21 22 provides that a parent or guardian is entitled to a
 21 23 supplemental payment equal to 15 percent of the parent or
 21 24 guardian's base reimbursement amount.  The section also
 21 25 requires parents or guardians to submit claims for
 21 26 reimbursement to a school district by December 1 and May 1,
 21 27 and requires the school districts to submit the claims to the
 21 28 department by January 31 and July 15.  A deadline by which the
 21 29 department is required to certify the amount of the claims to
 21 30 the department of revenue and finance is removed.
 21 31    285.8:  Establishes the means for calculating the average
 21 32 cost per student transported, and omits current Code language
 21 33 that allows a district in unusual circumstances to charge in
 21 34 excess of the actual operating cost of a bus route used to
 21 35 furnish transportation to nonresident students.
 22  1    285.9:  Directs the department of education to carry out
 22  2 the provisions of chapter 285 relating to the transportation
 22  3 of nonpublic school students.
 22  4    331.502(22):  Strikes a provision ordering the treasurer of
 22  5 state to transfer transportation service fees from a debtor
 22  6 school to a creditor school.  
 22  7 LSB 1314HW 77
 22  8 kh/cf/24.1
     

Text: HF02536                           Text: HF02538
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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