2000 Minnesota Statutes

     123B.92 Transportation aid entitlement. 

    Subdivision 1.    Definitions.  For purposes of this 
 section and section 125A.76, the terms defined in this 
 subdivision have the meanings given to them. 

    (a) "Actual expenditure per pupil transported in the 
 regular and excess transportation categories" means the quotient 
 obtained by dividing: 

    (1) the sum of: 

    (i) all expenditures for transportation in the regular 
 category, as defined in paragraph (b), clause (1), and the 
 excess category, as defined in paragraph (b), clause (2), plus 

    (ii) an amount equal to one year's depreciation on the 
 district's school bus fleet and mobile units computed on a 
 straight line basis at the rate of 15 percent per year for 
 districts operating a program under section 124D.128 for grades 
 1 to 12 for all students in the district and 12-1/2 percent per 
 year for other districts of the cost of the fleet, plus 

    (iii) an amount equal to one year's depreciation on the 
 district's type three school buses, as defined in section 
 169.01, subdivision 6, clause (5), which must be used a majority 
 of the time for pupil transportation purposes, computed on a 
 straight line basis at the rate of 20 percent per year of the 
 cost of the type three school buses by: 

    (2) the number of pupils eligible for transportation in the 
 regular category, as defined in paragraph (b), clause (1), and 
 the excess category, as defined in paragraph (b), clause (2).  

    (b) "Transportation category" means a category of 
 transportation service provided to pupils as follows:  

    (1) Regular transportation is:  

    (i) transportation to and from school during the regular 
 school year for resident elementary pupils residing one mile or 
 more from the public or nonpublic school they attend, and 
 resident secondary pupils residing two miles or more from the 
 public or nonpublic school they attend, excluding desegregation 
 transportation and noon kindergarten transportation; but with 
 respect to transportation of pupils to and from nonpublic 
 schools, only to the extent permitted by sections 123B.84 to 
 123B.87; 

    (ii) transportation of resident pupils to and from language 
 immersion programs; 

    (iii) transportation of a pupil who is a custodial parent 
 and that pupil's child between the pupil's home and the child 
 care provider and between the provider and the school, if the 
 home and provider are within the attendance area of the school; 
 and 

    (iv) transportation to and from or board and lodging in 
 another district, of resident pupils of a district without a 
 secondary school. 

    For the purposes of this paragraph, a district may 
 designate a licensed day care facility, respite care facility, 
 the residence of a relative, or the residence of a person chosen 
 by the pupil's parent or guardian as the home of a pupil for 
 part or all of the day, if requested by the pupil's parent or 
 guardian, and if that facility or residence is within the 
 attendance area of the school the pupil attends. 

    (2) Excess transportation is transportation to and from 
 school during the regular school year for secondary pupils 
 residing at least one mile but less than two miles from the 
 public or nonpublic school they attend, and transportation to 
 and from school for pupils residing less than one mile from 
 school who are transported because of extraordinary traffic, 
 drug, or crime hazards. 

    (3) Desegregation transportation is transportation within 
 and outside of the district during the regular school year of 
 pupils to and from schools located outside their normal 
 attendance areas under a plan for desegregation mandated by the 
 commissioner or under court order.  

    (4) "Transportation services for pupils with disabilities" 
 is: 

    (i) transportation of pupils with disabilities who cannot 
 be transported on a regular school bus between home or a respite 
 care facility and school; 

    (ii) necessary transportation of pupils with disabilities 
 from home or from school to other buildings, including centers 
 such as developmental achievement centers, hospitals, and 
 treatment centers where special instruction or services required 
 by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65 
 are provided, within or outside the district where services are 
 provided; 

    (iii) necessary transportation for resident pupils with 
 disabilities required by sections 125A.12, and 125A.26 to 
 125A.48; 

    (iv) board and lodging for pupils with disabilities in a 
 district maintaining special classes; 

    (v) transportation from one educational facility to another 
 within the district for resident pupils enrolled on a 
 shared-time basis in educational programs, and necessary 
 transportation required by sections 125A.18, and 125A.26 to 
 125A.48, for resident pupils with disabilities who are provided 
 special instruction and services on a shared-time basis; 

    (vi) transportation for resident pupils with disabilities 
 to and from board and lodging facilities when the pupil is 
 boarded and lodged for educational purposes; and 

    (vii) services described in clauses (i) to (vi), when 
 provided for pupils with disabilities in conjunction with a 
 summer instructional program that relates to the pupil's 
 individual education plan or in conjunction with a learning year 
 program established under section 124D.128. 

    (5) "Nonpublic nonregular transportation" is: 

    (i) transportation from one educational facility to another 
 within the district for resident pupils enrolled on a 
 shared-time basis in educational programs, excluding 
 transportation for nonpublic pupils with disabilities under 
 clause (4); 

    (ii) transportation within district boundaries between a 
 nonpublic school and a public school or a neutral site for 
 nonpublic school pupils who are provided pupil support services 
 pursuant to section 123B.44; and 

    (iii) late transportation home from school or between 
 schools within a district for nonpublic school pupils involved 
 in after-school activities. 

    (c) "Mobile unit" means a vehicle or trailer designed to 
 provide facilities for educational programs and services, 
 including diagnostic testing, guidance and counseling services, 
 and health services.  A mobile unit located off nonpublic school 
 premises is a neutral site as defined in section 123B.41, 
 subdivision 13. 

    Subd. 2. Repealed, 1999 c 241 art 1 s 69 

    Subd. 3.    Alternative attendance programs.  A district 
 that enrolls nonresident pupils in programs under sections 
 124D.03, 124D.06, 124D.07, 124D.08, 123A.05 to 123A.08, and 
 124D.68, must provide authorized transportation to the pupil 
 within the attendance area for the school that the pupil 
 attends.  The resident district need not provide or pay for 
 transportation between the pupil's residence and the district's 
 border. 

    Subd. 4. Repealed, 1999 c 241 art 1 s 69 

    Subd. 5.    District reports.  Each district must report 
 data to the department as required by the department to account 
 for transportation expenditures.  

    Subd. 6. Repealed, 1999 c 241 art 1 s 69 

    Subd. 7. Repealed, 1999 c 241 art 1 s 69 

    Subd. 8. Repealed, 1999 c 241 art 1 s 69 

    Subd. 9.    Nonpublic pupil transportation aid.  (a) A 
 district's nonpublic pupil transportation aid for the 1996-1997 
 and later school years for transportation services for nonpublic 
 school pupils according to sections 123B.88, 123B.84 to 123B.86, 
 and this section, equals the sum of the amounts computed in 
 paragraphs (b) and (c).  This aid does not limit the obligation 
 to transport pupils under sections 123B.84 to 123B.87. 

    (b) For regular and excess transportation according to 
 subdivision 1, paragraph (b), clauses (1) and (2), an amount 
 equal to the product of: 

    (1) the district's actual expenditure per pupil transported 
 in the regular and excess transportation categories during the 
 second preceding school year; times 

    (2) the number of nonpublic school pupils residing in the 
 district who receive regular or excess transportation service or 
 reimbursement for the current school year; times 

    (3) the ratio of the formula allowance pursuant to section 
 126C.10, subdivision 2, for the current school year to the 
 formula allowance pursuant to section 126C.10, subdivision 2, 
 for the second preceding school year. 

    (c) For nonpublic nonregular transportation according to 
 subdivision 1, paragraph (b), clause (5), an amount equal to the 
 product of: 

    (1) the district's actual expenditure for nonpublic 
 nonregular transportation during the second preceding school 
 year; times 

    (2) the ratio of the formula allowance pursuant to section 
 126C.10, subdivision 2, for the current school year to the 
 formula allowance pursuant to section 126C.10, subdivision 2, 
 for the second preceding school year. 

    (d) Notwithstanding the amount of the formula allowance for 
 fiscal years 2000, 2001, and 2002 in section 126C.10, 
 subdivision 2, the commissioner shall use the amount of the 
 formula allowance for the current year plus $87 in determining 
 the nonpublic pupil transportation revenue in paragraphs (b) and 
 (c) for fiscal year 2000, and the amount of the formula 
 allowance less $110 in determining the nonpublic pupil 
 transportation revenue in paragraphs (b) and (c) for fiscal 
 years 2001 and 2002. 

    Subd. 10. Repealed, 1999 c 241 art 1 s 69 

    HIST: 1979 c 334 art 2 s 8; 1980 c 609 art 2 s 2; 1981 c 356 s 
 167; 1981 c 358 art 2 s 3-13; 1Sp1981 c 2 s 8; 3Sp1981 c 2 art 2 
 s 9; 1982 c 548 art 2 s 3; 1983 c 314 art 2 s 2; 1Sp1985 c 12 
 art 2 s 3-10; 1Sp1986 c 1 art 9 s 7,8; 1987 c 398 art 2 s 2-7; 
 art 7 s 42; 1988 c 486 s 35,36; 1988 c 718 art 2 s 5; art 7 s 
 29; 1989 c 222 s 14-25; 1989 c 329 art 2 s 3,9; 1990 c 562 art 2 
 s 5-7; 1991 c 130 s 37; 1991 c 199 art 2 s 10; 1991 c 265 art 2 
 s 6-14; art 3 s 38; 1991 c 277 s 17; 1992 c 499 art 12 s 29; 
 1993 c 224 art 2 s 5-9; art 7 s 10,11; 1994 c 647 art 2 s 2; art 
 3 s 24; art 12 s 8,9; art 13 s 7; 1Sp1995 c 3 art 2 s 11-24; art 
 4 s 30; art 16 s 13; 1996 c 412 art 2 s 9-12; 1Sp1997 c 4 art 1 
 s 19-24; 1998 c 397 art 7 s 31-34,164; art 11 s 3; 1998 c 398 
 art 5 s 55; art 6 s 23,24; 1999 c 241 art 1 s 1