1997 Minnesota Statutes

   123.39 Independent school districts, transportation. 

    Subdivision 1.  The board may provide for the 
 transportation of pupils to and from school and for any other 
 purpose.  The board may also provide for the transportation of 
 pupils to schools in other districts for grades and departments 
 not maintained in the district, including high school, at the 
 expense of the district, when funds are available therefor and 
 if agreeable to the district to which it is proposed to 
 transport the pupils, for the whole or a part of the school 
 year, as it may deem advisable, and subject to its rules.  In 
 any school district, the board shall arrange for the attendance 
 of all pupils living two miles or more from the school, except 
 pupils whose transportation privileges have been revoked under 
 section 123.805, subdivision 1, clause (6), or 123.7991, 
 paragraph (b), through suitable provision for transportation or 
 through the boarding and rooming of the pupils who may be more 
 economically and conveniently provided for by that means.  The 
 board shall provide transportation to and from the home of a 
 child with a disability not yet enrolled in kindergarten when 
 special instruction and services under sections 120.17 and 
 120.1701 are provided in a location other than in the child's 
 home.  When transportation is provided, scheduling of routes, 
 establishment of the location of bus stops, manner and method of 
 transportation, control and discipline of school children and 
 any other matter relating thereto shall be within the sole 
 discretion, control, and management of the school board.  The 
 district may provide for the transportation of pupils or expend 
 a reasonable amount for room and board of pupils whose 
 attendance at school can more economically and conveniently be 
 provided for by that means or who attend school in a building 
 rented or leased by a district within the confines of an 
 adjacent district. 

    Subd. 2.  The board may contract for the furnishing of 
 authorized transportation under rules established by the 
 commissioner of children, families, and learning, and may 
 purchase gasoline and furnish same to a contract carrier for use 
 in the performance of a contract with the school district for 
 transportation of school children to and from school. 

    Subd. 3. Repealed, 1980 c 609 art 2 s 7 

    Subd. 4.  The board may provide for the instruction of any 
 resident pupil in another district when inadequate room, 
 distance to school, unfavorable road conditions, or other facts 
 or conditions make attendance in the pupil's own district 
 unreasonably difficult or impractical, in which case such 
 district shall pay to the district so attended the tuition 
 agreed upon or charged, pursuant to section 124.18, subdivision 
 2, and may provide transportation; provided, that such pupil 
 shall continue to be a pupil of the district of residence for 
 the payment of apportionment and other state aids. 

    Subd. 5.  The board may provide for the admission to the 
 schools of the district, of nonresident pupils, and those above 
 school age, and fix the rates of tuition for such pupils. 

    Subd. 5a.  Repealed, 1978 c 764 s 143 

    Subd. 6.  For the purposes of this subdivision, a 
 "nonresident pupil" is a pupil who resides in one district, 
 defined as the "resident district" and attends school in another 
 district, defined as the "nonresident district." 

    If requested, a nonresident district shall transport a 
 nonresident pupil within its borders and may transport a 
 nonresident pupil within the pupil's resident district.  If a 
 nonresident district decides to transport a nonresident pupil 
 within the pupil's resident district, the nonresident district 
 must notify the pupil's resident district of its decision, in 
 writing, prior to providing transportation. 

    Subd. 7.  If high school pupils from a district within this 
 state are being transported to a school in another state, the 
 board of the district from which the pupils are being 
 transported may provide free transportation and tuition for any 
 or all of its elementary pupils to such school in another state 
 and be entitled to state aid as provided by law. 

    Subd. 8.  The board may rent a bus owned by the school 
 district excluding a motor-coach bus to any person for any 
 lawful purpose.  Bus rental shall not interfere with the 
 transportation of pupils by the district.  A lessee may use and 
 operate the bus without payment of a motor vehicle tax.  The 
 lessee is liable for any claims for injuries and damages arising 
 out of the use and operation of a bus leased from the district.  
 Except as provided in subdivision 9a, the lessee shall procure 
 insurance at the lessee's expense protecting the board and the 
 district against claims for injuries and damages arising out of 
 the use and operation of the bus. 

    Subd. 8a.  Notwithstanding the provisions of section 
 221.021, any public school district or school bus contractor 
 providing transportation services to a school district on a 
 regular basis in this state may operate school buses, excluding 
 motor coach buses, for the purpose of providing transportation 
 to nonpupils of the school district attending school events, as 
 defined in section 123.38, subdivision 2a or 2b, provided that 
 no carrier having a charter carrier permit has its principal 
 office and place of business or bus garage within 12 miles of 
 the principal office of the school district.  School district 
 owned buses and the operators thereof shall otherwise comply 
 with the provisions of this section and the rules of the state 
 board of education and shall be insured in at least the amounts 
 stated in section 466.04, subdivision 1.  In all cases the total 
 cost of providing such services, as determined by sound 
 accounting procedures, shall be paid by charges made against 
 those using the buses. 

    Subd. 8b.  School districts may use school district owned 
 or contractor operated school buses to provide transportation 
 along regular school bus routes on a space available basis for 
 any person, provided that this use of a bus does not interfere 
 with the transportation of pupils to and from school or other 
 authorized transportation of pupils.  In all cases, the total 
 additional cost of providing these services, as determined by 
 sound accounting procedures, shall be paid by charges made 
 against those using these services or some third-party payor.  
 In no case shall the additional cost of this transportation be 
 paid by the school district. 

    The provisions of section 65B.47, subdivision 4, shall be 
 applicable to any person being transported pursuant to this 
 subdivision. 

    Subd. 8c.  School districts may provide bus transportation 
 along regular school bus routes on a space available basis for 
 part-time students enrolled in secondary classes pursuant to 
 section 123.35, subdivisions 8a, 8b and 8c, provided that this 
 use of a bus does not interfere with the transportation of 
 pupils to and from school or other authorized transportation of 
 pupils.  The total additional cost of providing these services, 
 as determined by sound accounting procedures, shall be paid by 
 charges made against those using the services or some 
 third-party payor.  

    Subd. 8d.  School districts may provide bus transportation 
 along regular school bus routes when space is available for 
 participants in early childhood family education programs and 
 learning readiness programs if these services do not result in 
 an increase in the district's expenditures for transportation.  
 The costs allocated to these services, as determined by 
 generally accepted accounting principles, shall be considered 
 part of the authorized cost for regular transportation for the 
 purposes of section 124.225. 

    Subd. 8e.  School districts may provide bus transportation 
 along school bus routes established to provide nonregular 
 transportation as defined in section 124.225, subdivision 1, 
 paragraph (e)(2)(ii), when space is available, for pupils 
 attending programs at an area learning center.  The 
 transportation is only permitted between schools and if it does 
 not increase the district's expenditures for transportation.  
 The cost of these services shall be considered part of the 
 authorized cost for nonregular transportation for the purpose of 
 section 124.225. 

    Subd. 9.  The board may provide for the protection of 
 pupils transported for school purposes or activities in district 
 owned, operated, leased, or controlled motor vehicles against 
 injuries or damages arising out of the operation of these 
 vehicles.  The board may purchase and pay for insurance from any 
 funds available.  An insurance contract covering this risk shall 
 contain a waiver of the defense of governmental immunity.  The 
 payment of any insurance premiums by the district does not in 
 itself make the district liable for any injuries or damages 
 incurred by the transportation. 

    Subd. 9a.  If a school board has obtained insurance 
 pursuant to subdivision 9 or section 466.06, it may also obtain 
 and pay for insurance coverage to indemnify a lessee and to 
 protect the board and the district, in any amount not exceeding 
 the limits of coverage provided for the insurance obtained 
 pursuant to subdivision 9 or section 466.06 against claims for 
 injuries and damages arising out of the use and operation of a 
 district-owned bus while it is leased or rented to the lessee 
 pursuant to subdivision 8.  The rental charge shall include the 
 cost of this additional insurance coverage.  The procurement of 
 this additional insurance coverage constitutes a waiver of the 
 defense of governmental immunity to the extent of the additional 
 coverage but has no effect on the liability of the board, the 
 school district, or its employees beyond the coverage so 
 provided. 

    Subd. 10.  The board may provide and pay the premiums for 
 the protection for school children, instructors and automobile 
 owners, and any other agency cooperating in providing cars for 
 districts where driver training courses are being offered, 
 against public liability, property damage, collision, fire and 
 theft, arising out of the operation of any vehicle used in the 
 courses.  Nothing herein shall make the district liable for 
 injuries resulting from the actions of such persons. 

    Subd. 11.  The board may provide and pay the premiums for 
 insurance against injuries resulting to its pupils while 
 assigned to and acting on a school safety patrol, which 
 insurance may provide for the payment of either cash benefits to 
 such injured pupil or for the payment of hospital and medical 
 benefits to or for such injured pupil, or both.  Nothing herein 
 shall be construed to in any way make the district liable for 
 such injuries. 

    Subd. 12.  The board may enter into contracts for the 
 removal of snow from roads used for regular bus routes 
 transporting pupils to and from school either within or without 
 the district. 

    Subd. 13.  The board shall contract with any licensed 
 developmental achievement center attended by a resident 
 handicapped person who fulfills the eligibility requirements of 
 section 252.23, subdivision 1, to transport the resident 
 handicapped person to the developmental achievement center in 
 return for payment by the center of the cost of the 
 transportation, if transportation by the board is in the best 
 interest of the handicapped person and is not unreasonably 
 burdensome to the district and if a less expensive, reasonable, 
 alternative means of transporting the handicapped person does 
 not exist.  If the board and the developmental achievement 
 center are unable to agree to a contract, either the board or 
 the center may appeal to the commissioner of children, families, 
 and learning to resolve the conflict.  All decisions of the 
 commissioner shall be final and binding upon the board and the 
 center. 

    Subd. 14.  The board may provide transportation for a pupil 
 who is a custodial parent and that pupil's child between the 
 pupil's home and a child care provider and between the provider 
 and the school.  The board shall establish criteria for 
 transportation it provides according to this subdivision.  

    Subd. 15.    Pupil transport on staff development days.  
 A school district may provide bus transportation between home 
 and school for pupils on days devoted to parent-teacher 
 conferences, teacher's workshops, or other staff development 
 opportunities.  If approved by the commissioner as part of a 
 program of educational improvement, the cost of providing this 
 transportation, as determined by generally accepted accounting 
 principles, must be considered part of the authorized cost for 
 regular transportation for the purposes of section 124.225.  The 
 commissioner shall approve inclusion of these costs in the 
 regular transportation category only if the total number of 
 instructional hours in the school year divided by the total 
 number of days for which transportation is provided equals or 
 exceeds the number of instructional hours per day prescribed in 
 the rules of the state board.  

    Subd. 16.    Post-secondary enrollment options pupils.  
 School districts may provide bus transportation along school bus 
 routes established to provide nonregular transportation as 
 defined in section 124.225, subdivision 1, paragraph (c), clause 
 (2), when space is available, for pupils attending programs at a 
 post-secondary institution under the post-secondary enrollment 
 options program.  The transportation is permitted only if it 
 does not increase the district's expenditures for 
 transportation.  Fees collected for this service under section 
 120.73, subdivision 1, paragraph (m), shall be subtracted from 
 the authorized cost for nonregular transportation for the 
 purpose of section 124.225. 

    HIST: Ex1959 c 71 art 4 s 21 subds 1-12; 1963 c 663 s 2; 1973 
 c 560 s 1; 1974 c 44 s 1; 1974 c 521 s 16; 1975 c 238 s 1; 1977 
 c 337 s 1; 1977 c 447 art 1 s 1; 1978 c 706 s 19; 1978 c 764 s 
 36,37; 1981 c 194 s 2; 1981 c 234 s 1-3; 1981 c 358 art 2 s 1; 
 1983 c 314 art 7 s 21; 1Sp1985 c 12 art 2 s 1; 1986 c 444; 1987 
 c 398 art 3 s 15; 1988 c 718 art 2 s 3; 1989 c 329 art 2 s 1; 
 1990 c 562 art 2 s 2,3; art 6 s 16; 1991 c 130 s 37; 1991 c 265 
 art 3 s 38; 1992 c 499 art 2 s 1; art 12 s 29; 1993 c 13 art 1 s 
 26; 1993 c 224 art 2 s 3,4; 1994 c 647 art 12 s 1; 1Sp1995 c 3 
 art 2 s 3; art 16 s 13; 1996 c 412 art 2 s 6; 1Sp1997 c 4 art 1 
 s 10