House File 138 - Introduced
HOUSE FILE
BY WHITAKER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to requirements for school districts providing
2 transportation to students participating in open enrollment.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1699YH 83
5 kh/nh/5
PAG LIN
1 1 Section 1. Section 282.18, subsection 10, Code 2009, is
1 2 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. For purposes of this
1 8 subsection, "a point on a regular school bus route of the
1 9 receiving district" includes any school bus stop on the
1 10 regular school bus route of the receiving district that
1 11 existed prior to road construction that necessitates a change
1 12 in the regular school bus route, whether or not the change in
1 13 the regular school bus route resulting from the road
1 14 construction necessitates sending school vehicles from the
1 15 receiving district into the district of residence in order to
1 16 safely, economically, or efficiently transport students to or
1 17 from the preexisting point.
1 18 b. However, a A receiving district may send school
1 19 vehicles into the district of residence of the pupil using the
1 20 open enrollment option under this section, for the purpose of
1 21 transporting the pupil to and from school in the receiving
1 22 district, if the boards of both the sending and receiving
1 23 districts agree to this arrangement.
1 24 c. If the pupil meets the economic eligibility
1 25 requirements established by the department and state board of
1 26 education, the sending district is responsible for providing
1 27 transportation or paying the pro rata cost of the
1 28 transportation to a parent or guardian for transporting the
1 29 pupil to and from a point on a regular school bus route of a
1 30 contiguous receiving district unless the cost of providing
1 31 transportation or the pro rata cost of the transportation to a
1 32 parent or guardian exceeds the average transportation cost per
1 33 pupil transported for the previous school year in the
1 34 district. If the cost exceeds the average transportation cost
1 35 per pupil transported for the previous school year, the
2 1 sending district shall only be responsible for that average
2 2 per pupil amount. A sending district which provides
2 3 transportation for a pupil to a contiguous receiving district
2 4 under this subsection may withhold from the district cost per
2 5 pupil amount, that is to be paid to the receiving district, an
2 6 amount which represents the average or pro rata cost per pupil
2 7 for transportation, whichever is less.
2 8 EXPLANATION
2 9 This bill defines a point on a regular school bus route of
2 10 a receiving school district for purposes of transporting
2 11 students who are participating in open enrollment. The
2 12 definition provides that such a point includes any school bus
2 13 stop on the route that existed prior to road construction
2 14 which necessitates a change in the route, whether or not the
2 15 change to the route necessitates sending school vehicles from
2 16 the receiving district into the district of residence to
2 17 transport the students to or from the preexisting point on the
2 18 route safely, economically, or efficiently.
2 19 Currently, the receiving school district can only send
2 20 vehicles into the district of residence for purposes of
2 21 transporting students participating in open enrollment if both
2 22 school districts agree to the arrangement.
2 23 LSB 1699YH 83
2 24 kh/nh/5