House File 2184 - Introduced
HOUSE FILE
BY WISE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to transportation by receiving school districts
2 of students participating in open enrollment and the approval
3 by area education agencies of public school bus routes outside
4 the boundary of such school districts.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 6052HH 81
7 kh/sh/8
PAG LIN
1 1 Section 1. Section 282.18, subsection 10, Code Supplement
1 2 2005, is amended to read as follows:
1 3 10. 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 boards of both
1 12 the sending and receiving districts agree to this arrangement.
1 13 If the pupil meets the economic eligibility requirements
1 14 established by the department and state board of education,
1 15 the sending district is responsible for providing
1 16 transportation or paying the pro rata cost of the
1 17 transportation to a parent or guardian for transporting the
1 18 pupil to and from a point on a regular school bus route of a
1 19 contiguous receiving district unless the cost of providing
1 20 transportation or the pro rata cost of the transportation to a
1 21 parent or guardian exceeds the average transportation cost per
1 22 pupil transported for the previous school year in the
1 23 district. If the cost exceeds the average transportation cost
1 24 per pupil transported for the previous school year, the
1 25 sending district shall only be responsible for that average
1 26 per pupil amount. A sending district which provides
1 27 transportation for a pupil to a contiguous receiving district
1 28 under this subsection may withhold from the district cost per
1 29 pupil amount, that is to be paid to the receiving district, an
1 30 amount which represents the average or pro rata cost per pupil
1 31 for transportation, whichever is less.
1 32 Sec. 2. Section 285.1, subsection 16, paragraphs b and c,
1 33 Code 2005, are amended to read as follows:
1 34 b. As an alternative to paragraph "a" of this subsection,
1 35 subject to section 285.9, subsection 3, where practicable, and
2 1 at the option of the public school district in which a
2 2 nonpublic school pupil resides, the school district may
2 3 transport a nonpublic school pupil to a nonpublic school
2 4 located outside the boundary lines of the public school
2 5 district if the nonpublic school is located in a school
2 6 district contiguous to the school district which is
2 7 transporting the nonpublic school pupils, or may contract with
2 8 the contiguous public school district in which a nonpublic
2 9 school is located for the contiguous school district to
2 10 transport the nonpublic school pupils to the nonpublic school
2 11 of attendance within the boundary lines of the contiguous
2 12 school district.
2 13 c. If the nonpublic school designated for attendance of a
2 14 pupil is located outside the boundary line of the school
2 15 district of the pupil's residence and the district of
2 16 residence meets the requirements of subsections 14 to 16 of
2 17 this section by using subsection 17, paragraph "c", of this
2 18 section and the district in which the nonpublic school is
2 19 located is contiguous to the district of the pupil's residence
2 20 and is willing to provide transportation under subsection 17,
2 21 paragraph "a" or "b", of this section, the district in which
2 22 the nonpublic school is located may provide transportation
2 23 services, subject to section 285.9, subsection 3, and may make
2 24 the claim for reimbursement under section 285.2. The district
2 25 in which the nonpublic school is located shall notify the
2 26 district of the pupil's residence that it is making the claim
2 27 for reimbursement, and the district of the pupil's residence
2 28 shall be relieved of the requirement for providing
2 29 transportation and shall not make a claim for reimbursement
2 30 for those nonpublic school pupils for which a claim is filed
2 31 by the district in which the nonpublic school is located.
2 32 Sec. 3. Section 285.2, unnumbered paragraph 5, Code 2005,
2 33 is amended to read as follows:
2 34 Claims shall be accompanied by an affidavit of an officer
2 35 of the public school district affirming the accuracy of the
3 1 claim. By February 1 and on or about June 15 of each year,
3 2 the department shall certify to the department of
3 3 administrative services the amounts of approved claims to be
3 4 paid, and the department of administrative services shall draw
3 5 warrants payable to school districts which have established
3 6 claims. Claims shall be allowed where practical, and at the
3 7 option of the public school district of the pupil's residence,
3 8 subject to approval by the area education agency of the
3 9 pupil's residence, under section 285.9, subsection 3, the
3 10 public school district of the pupil's residence may transport
3 11 a pupil to a school located in a contiguous public school
3 12 district outside the boundary lines of the public school
3 13 district of the pupil's residence. The public school district
3 14 of the pupil's residence may contract with the contiguous
3 15 public school district or with a private contractor under
3 16 section 285.5 to transport the pupils to the school of
3 17 attendance within the boundary lines of the contiguous public
3 18 school district. The public school district in which the
3 19 pupil resides may contract with the contiguous public school
3 20 district or with a private contractor under section 285.5 to
3 21 transport the pupil from the pupil's residence or from
3 22 designated school bus collection locations to the school
3 23 located within the boundary lines of the contiguous public
3 24 school district, subject to the approval of the area education
3 25 agency of the pupil's residence. The public school district
3 26 of the pupil's residence may utilize the reimbursement
3 27 provisions of section 285.1, subsection 3.
3 28 Sec. 4. Section 285.9, subsection 3, Code 2005, is amended
3 29 by striking the subsection.
3 30 EXPLANATION
3 31 This bill permits a receiving district to send a school
3 32 vehicle into the school district of residence to transport a
3 33 pupil participating in open enrollment to the receiving
3 34 district. The bill strikes a provision directing the area
3 35 education agencies to approve all bus routes outside the
4 1 boundary of the district of the school operating buses, and
4 2 makes conforming changes.
4 3 LSB 6052HH 81
4 4 kh:nh/sh/8