House File 2466
HOUSE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HSB 40)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to school district transportation of students
2 participating in open enrollment.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6781HV 80
5 kh/sh/8
PAG LIN
1 1 Section 1. Section 282.18, subsection 10, Code Supplement
1 2 2003, is amended to read as follows:
1 3 10. a. Notwithstanding section 285.1 relating to
1 4 transportation of nonresident pupils, the parent or guardian
1 5 is responsible for transporting the pupil without
1 6 reimbursement to and from a point on a regular school bus
1 7 route of the receiving district. However, a receiving
1 8 district may send school vehicles into the district of
1 9 residence of the pupil using the open enrollment option under
1 10 this section, for the purpose of transporting the pupil to and
1 11 from school in the receiving district, if the under any of the
1 12 following conditions:
1 13 (1) The boards of both the sending and receiving districts
1 14 agree to this the transportation arrangement.
1 15 (2) The pupil's district of residence has dissolved and
1 16 the pupil is continuing the pupil's education in the district
1 17 with which the district of residence had a whole grade sharing
1 18 agreement prior to dissolution.
1 19 (3) Due to a misinterpretation of school district
1 20 boundaries, the pupil was enrolled in a school district other
1 21 than the actual district of residence, and the pupil is
1 22 currently participating in open enrollment in order to attend
1 23 the school district in which the pupil was enrolled prior to
1 24 the discovery of the misinterpretation. In such a case, the
1 25 receiving school district shall continue to provide
1 26 transportation services in the same manner as provided before
1 27 the misinterpretation of school district boundaries was
1 28 discovered.
1 29 The sibling of a pupil who is eligible for transportation
1 30 under the provisions of subparagraph (2) or (3) shall also be
1 31 eligible for the same transportation services.
1 32 b. If the pupil meets the economic eligibility
1 33 requirements established by the department and state board of
1 34 education, the sending district is responsible for providing
1 35 transportation or paying the pro rata cost of the
2 1 transportation to a parent or guardian for transporting the
2 2 pupil to and from a point on a regular school bus route of a
2 3 contiguous receiving district unless the cost of providing
2 4 transportation or the pro rata cost of the transportation to a
2 5 parent or guardian exceeds the average transportation cost per
2 6 pupil transported for the previous school year in the
2 7 district. If the cost exceeds the average transportation cost
2 8 per pupil transported for the previous school year, the
2 9 sending district shall only be responsible for that average
2 10 per pupil amount. A sending district which provides
2 11 transportation for a pupil to a contiguous receiving district
2 12 under this subsection may withhold from the district cost per
2 13 pupil amount, that is to be paid to the receiving district, an
2 14 amount which represents the average or pro rata cost per pupil
2 15 for transportation, whichever is less.
2 16 Sec. 2. Section 285.9, subsection 3, Code 2003, is amended
2 17 by striking the subsection.
2 18 Sec. 3. RETROACTIVE APPLICABILITY. The portions of the
2 19 section of this Act that enact a new subparagraph (3) and a
2 20 new unnumbered paragraph following subparagraph (3) to section
2 21 282.18, subsection 10, paragraph "a", and provide for
2 22 transportation services for the described pupil and the
2 23 sibling of the pupil are retroactively applicable to July 1,
2 24 2002, and are applicable on and after that date.
2 25 EXPLANATION
2 26 This bill allows a receiving district to send school
2 27 vehicles into the district of residence to transport a pupil
2 28 using the open enrollment option under three conditions.
2 29 Currently, the boards of both the sending and receiving
2 30 districts must agree to the transportation arrangement. The
2 31 bill adds the following new conditions under which the
2 32 receiving district may transport the pupil:
2 33 1. The pupil's district of residence dissolved and the
2 34 pupil is continuing the pupil's education in the district
2 35 where the district of residence had a whole grade sharing
3 1 agreement prior to dissolution.
3 2 2. Due to a misinterpretation of school district
3 3 boundaries, the pupil was enrolled in a school district other
3 4 than the actual district of residence, and the pupil is
3 5 currently participating in open enrollment in order to attend
3 6 the school district in which the pupil was enrolled prior to
3 7 the discovery of the misinterpretation.
3 8 Under the bill, the sibling of a pupil who is eligible for
3 9 transportation under either of these conditions is also
3 10 eligible for the same transportation services.
3 11 The portions of the bill relating to transportation
3 12 services for a pupil after a misinterpretation of school
3 13 boundaries and providing for the same transportation services
3 14 for a sibling of such a pupil are retroactively applicable to
3 15 July 1, 2002, and are applicable on and after that date.
3 16 The bill also strikes a provision directing the area
3 17 education agencies to approve all bus routes outside the
3 18 boundary of the district of the school operating buses.
3 19 LSB 6781HV 80
3 20 kh/sh/8