HF 589

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; encouraging pupil 
  1.3             transportation for elementary pupils living more than 
  1.4             one mile from school; amending Minnesota Statutes 
  1.5             2002, section 123B.88, subdivision 1, by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 123B.88, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [PROVIDING TRANSPORTATION.] The board may 
  1.11  provide for the transportation of pupils to and from school and 
  1.12  for any other purpose.  The board may also provide for the 
  1.13  transportation of pupils to schools in other districts for 
  1.14  grades and departments not maintained in the district, including 
  1.15  high school, at the expense of the district, when funds are 
  1.16  available therefor and if agreeable to the district to which it 
  1.17  is proposed to transport the pupils, for the whole or a part of 
  1.18  the school year, as it may deem advisable, and subject to its 
  1.19  rules.  In any district, the board must arrange for the 
  1.20  attendance of all pupils living two miles or more from the 
  1.21  school, all kindergarten and elementary pupils not excluded 
  1.22  under subdivision 1a, living one mile or more from the school, 
  1.23  and any pupil who must cross a freeway or expressway as defined 
  1.24  in section 160.02, subdivision 19, at grade, except pupils whose 
  1.25  transportation privileges have been voluntarily surrendered 
  1.26  under subdivision 2, or whose privileges have been revoked under 
  2.1   section 123B.91, subdivision 1, clause (6), or 123B.90, 
  2.2   subdivision 2.  The district may provide for the transportation 
  2.3   of or the boarding and rooming of the pupils who may be more 
  2.4   economically and conveniently provided for by that means.  
  2.5   Arrangements for attendance may include a requirement that 
  2.6   parents or guardians request transportation before it is 
  2.7   provided.  The board must provide transportation to and from the 
  2.8   home of a child with a disability not yet enrolled in 
  2.9   kindergarten when special instruction and services under 
  2.10  sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65 are 
  2.11  provided in a location other than in the child's home.  When 
  2.12  transportation is provided, scheduling of routes, establishment 
  2.13  of the location of bus stops, manner and method of 
  2.14  transportation, control and discipline of school children, the 
  2.15  determination of fees, and any other matter relating thereto 
  2.16  must be within the sole discretion, control, and management of 
  2.17  the board.  The district may provide for the transportation of 
  2.18  pupils or expend a reasonable amount for room and board of 
  2.19  pupils whose attendance at school can more economically and 
  2.20  conveniently be provided for by that means or who attend school 
  2.21  in a building rented or leased by a district within the confines 
  2.22  of an adjacent district. 
  2.23     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  2.24     Sec. 2.  Minnesota Statutes 2002, section 123B.88, is 
  2.25  amended by adding a subdivision to read: 
  2.26     Subd. 1a.  [SCHOOL BOARD ELEMENTARY OPT OUT.] (a) A school 
  2.27  district may opt out of the requirement in subdivision 1 to 
  2.28  transport kindergarten and elementary pupils who live between 
  2.29  one and two miles from school or pupils who must cross a freeway 
  2.30  or expressway at grade, to and from school upon unanimous 
  2.31  adoption of a written resolution by the school board.  The 
  2.32  resolution must not be adopted until after the school board has 
  2.33  invited the public to comment on the substance of the resolution 
  2.34  at a regularly scheduled school board meeting.  
  2.35     (b) The school board may not adopt the resolution until 
  2.36  after two weeks' published notice of the resolution in the 
  3.1   official newspaper of the district.  The district must also 
  3.2   provide notice of the district's intent to opt out of providing 
  3.3   transportation services to parents at least two weeks prior to 
  3.4   the meeting.  
  3.5      [EFFECTIVE DATE.] This section is effective July 1, 2003.