Senate File 198
SENATE FILE
BY McKINLEY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to school bus route approval or mediation by area
2 education agencies.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2611SS 80
5 kh/cf/24
PAG LIN
1 1 Section 1. Section 285.1, subsection 6, Code 2003, is
1 2 amended to read as follows:
1 3 6. When the school designated for attendance of pupils is
1 4 engaged in the transportation of pupils, the sending or
1 5 designating school shall use these facilities and pay the pro
1 6 rata cost of transportation except that a district sending
1 7 pupils to another school may make other arrangements when it
1 8 can be shown that such arrangements will be more efficient and
1 9 economical than to use facilities of the receiving school,
1 10 providing such arrangements are approved by the board of the
1 11 area education agency.
1 12 Sec. 2. Section 285.1, subsection 16, paragraphs b and c,
1 13 Code 2003, are amended to read as follows:
1 14 b. As an alternative to paragraph "a" of this subsection,
1 15 subject to section 285.9, subsection 3, where practicable, and
1 16 at the option of the public school district in which a
1 17 nonpublic school pupil resides, the school district may
1 18 transport a nonpublic school pupil to a nonpublic school
1 19 located outside the boundary lines of the public school
1 20 district if the nonpublic school is located in a school
1 21 district contiguous to the school district which is
1 22 transporting the nonpublic school pupils, or may contract with
1 23 the contiguous public school district in which a nonpublic
1 24 school is located for the contiguous school district to
1 25 transport the nonpublic school pupils to the nonpublic school
1 26 of attendance within the boundary lines of the contiguous
1 27 school district.
1 28 c. If the nonpublic school designated for attendance of a
1 29 pupil is located outside the boundary line of the school
1 30 district of the pupil's residence and the district of
1 31 residence meets the requirements of subsections 14 to 16 of
1 32 this section by using subsection 17, paragraph "c", of this
1 33 section and the district in which the nonpublic school is
1 34 located is contiguous to the district of the pupil's residence
1 35 and is willing to provide transportation under subsection 17,
2 1 paragraph "a" or "b", of this section, the district in which
2 2 the nonpublic school is located may provide transportation
2 3 services, subject to section 285.9, subsection 3, and may make
2 4 the claim for reimbursement under section 285.2. The district
2 5 in which the nonpublic school is located shall notify the
2 6 district of the pupil's residence that it is making the claim
2 7 for reimbursement, and the district of the pupil's residence
2 8 shall be relieved of the requirement for providing
2 9 transportation and shall not make a claim for reimbursement
2 10 for those nonpublic school pupils for which a claim is filed
2 11 by the district in which the nonpublic school is located.
2 12 Sec. 3. Section 285.2, unnumbered paragraph 5, Code 2003,
2 13 is amended to read as follows:
2 14 Claims shall be accompanied by an affidavit of an officer
2 15 of the public school district affirming the accuracy of the
2 16 claim. By February 1 and on or about June 15 of each year,
2 17 the department shall certify to the department of revenue and
2 18 finance the amounts of approved claims to be paid, and the
2 19 department of revenue and finance shall draw warrants payable
2 20 to school districts which have established claims. Claims
2 21 shall be allowed where practical, and at the option of the
2 22 public school district of the pupil's residence, subject to
2 23 approval by the area education agency of the pupil's
2 24 residence, under section 285.9, subsection 3, the public
2 25 school district of the pupil's residence may transport a pupil
2 26 to a school located in a contiguous public school district
2 27 outside the boundary lines of the public school district of
2 28 the pupil's residence. The public school district of the
2 29 pupil's residence may contract with the contiguous public
2 30 school district or with a private contractor under section
2 31 285.5 to transport the pupils to the school of attendance
2 32 within the boundary lines of the contiguous public school
2 33 district. The public school district in which the pupil
2 34 resides may contract with the contiguous public school
2 35 district or with a private contractor under section 285.5 to
3 1 transport the pupil from the pupil's residence or from
3 2 designated school bus collection locations to the school
3 3 located within the boundary lines of the contiguous public
3 4 school district, subject to the approval of the area education
3 5 agency of the pupil's residence. The public school district
3 6 of the pupil's residence may utilize the reimbursement
3 7 provisions of section 285.1, subsection 3.
3 8 Sec. 4. Section 285.4, Code 2003, is amended to read as
3 9 follows:
3 10 285.4 PUPILS SENT TO ANOTHER DISTRICT.
3 11 When a board closes its elementary school facilities for
3 12 lack of pupils or by action of the board, it shall, if there
3 13 is a school bus service available in the area, designate for
3 14 attendance the school operating the buses, provided the board
3 15 of such school is willing to receive them and the facilities
3 16 and curricular offerings are adequate. The board of the
3 17 district where the pupils reside may with the approval of the
3 18 area education agency board, subject to legal limitations and
3 19 established uniform standards, designate another rural school
3 20 and provide their own transportation if the transportation
3 21 costs will be less than to use the established bus service.
3 22 All designations must be submitted to the area education
3 23 agency board on or before July 15, for review and approval.
3 24 The agency board shall after due investigation alter or change
3 25 designations to make them conform to legal requirements and
3 26 established uniform standards for making designations and for
3 27 locating and establishing bus routes. After designations are
3 28 made, they will remain the same from year to year except that
3 29 on or before July 15, of each year, the rural board or parents
3 30 may petition the agency board for a change of designation to
3 31 another school. Appeals from the decision of the agency board
3 32 on designations may be made by either the parents or board to
3 33 the director of the department of education Requests for
3 34 mediation and appeals on designations may be made as provided
3 35 in section sections 285.12 and section 285.13.
4 1 Sec. 5. Section 285.9, subsection 3, Code 2003, is amended
4 2 by striking the subsection.
4 3 Sec. 6. Section 285.13, Code 2003, is amended to read as
4 4 follows:
4 5 285.13 DISAGREEMENTS BETWEEN BOARDS.
4 6 In the event of a disagreement between the board of a two
4 7 or more boards of directors of school district and the board
4 8 of an area education agency districts, the board of the a
4 9 school district board involved in the dispute may submit a
4 10 written request to an area education agency to mediate the
4 11 dispute. If the school boards involved in the dispute waive
4 12 mediation, or if a mediation agreement is not reached within
4 13 thirty days of an area education agency's receipt of a written
4 14 request for mediation, a school board involved in the dispute
4 15 may appeal to the director of the department of education and
4 16 the procedure and times provided for in section 285.12 shall
4 17 prevail in any such case. The decision of the director shall
4 18 be subject to judicial review in accordance with the terms of
4 19 the Iowa administrative procedure Act.
4 20 EXPLANATION
4 21 This bill eliminates Code language requiring area education
4 22 agency approval of school bus transportation arrangements and
4 23 routes, but permits school boards involved in a school bus
4 24 transportation dispute to request mediation from an area
4 25 education agency. If mediation is waived or fails within 30
4 26 days of the agency's receipt of the request, the boards
4 27 involved in the dispute may appeal to the director of the
4 28 department of education. The bill eliminates related internal
4 29 references.
4 30 LSB 2611SS 80
4 31 kh/cf/24