1997 Minnesota Statutes

     124.225 Transportation aid entitlement. 

    Subdivision 1.    Definitions.  For purposes of this 
 section and section 124.3201, 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 121.585 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 123.76 to 
 123.79; 

    (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 
 state board 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 120.17 and 120.1701 are provided, within or outside 
 the district where services are provided; 

    (iii) necessary transportation for resident pupils with 
 disabilities required by sections 120.17, subdivision 4a, and 
 120.1701; 

    (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 120.17, subdivision 9, and 
 120.1701, 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 121.585. 

    (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 123.935; 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 123.932, 
 subdivision 9. 

    Subd. 1a. Repealed, 1987 c 398 art 2 s 14 

    Subd. 2. Repealed, 1981 c 358 art II s 14 

    Subd. 3. Repealed, 1991 c 265 art 2 s 20 

    Subd. 3a. Repealed, 1Sp1997 c 4 art 1 s 63 

    Subd. 4. Repealed, 1981 c 358 art 2 s 14 

    Subd. 4a. Repealed, 1Sp1985 c 12 art 2 s 16 

    Subd. 4b. Repealed, 1991 c 265 art 2 s 20 

    Subd. 5. Repealed, 1981 c 358 art 2 s 14 

    Subd. 6.  Repealed, 1982 c 548 art 2 s 3 

    Subd. 7. Repealed, 1981 c 358 art 2 s 14 

    Subd. 7a. Repealed, 1Sp1997 c 4 art 1 s 63 

    Subd. 7b. Repealed, 1Sp1997 c 4 art 1 s 63 

    Subd. 7c. Repealed, 1991 c 265 art 2 s 20 

    Subd. 7d. Repealed, 1Sp1997 c 4 art 1 s 63 

    Subd. 7e. Repealed, 1Sp1997 c 4 art 1 s 63 

    Subd. 7f.    Reserved revenue for transportation safety. 
  A district shall reserve an amount equal to the greater of 
 $500 or $1.50 times the number of fund balance pupil units, for 
 that school year to provide student transportation safety 
 programs under section 123.799.  This revenue may only be used 
 if the district complies with the reporting requirements of 
 section 123.7991, 123.805, 169.452, 169.4582, or 171.321, 
 subdivision 5. 

    Subd. 8. Repealed, 1981 c 358 art 2 s 14 

    Subd. 8a. Repealed, 1Sp1997 c 4 art 1 s 63 

    Subd. 8b. Repealed, 1991 c 265 art 2 s 20 

    Subd. 8c. Repealed, 1Sp1985 c 12 art 2 s 16 

    Subd. 8d. Repealed, 1Sp1985 c 12 art 2 s 16 

    Subd. 8e. Repealed, 1Sp1985 c 12 art 2 s 16 

    Subd. 8f. Repealed, 1Sp1985 c 12 art 2 s 16 

    Subd. 8g. Repealed, 1Sp1985 c 12 art 2 s 16 

    Subd. 8h. Repealed, 1Sp1985 c 12 art 2 s 16 

    Subd. 8i. Repealed, 1991 c 265 art 2 s 20 

    Subd. 8j. Repealed, 1991 c 265 art 2 s 20 

    Subd. 8k. Repealed, 1Sp1997 c 4 art 1 s 63 

    Subd. 8l.    Alternative attendance programs.  A 
 district that enrolls nonresident pupils in programs under 
 sections 120.062, 120.075, 120.0751, 120.0752, 124C.45 to 
 124C.48, and 126.22, shall 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. 8m.    Transportation safety aid.  A district's 
 transportation safety aid equals the district's reserved revenue 
 for transportation safety under subdivision 7f for that school 
 year.  Failure of a school district to comply with the reporting 
 requirements of section 123.7991, 123.805, 169.452, 169.4582, or 
 171.321, subdivision 5, may result in a withholding of that 
 district's transportation safety aid for that school year. 

    Subd. 9.    District reports.  Each district shall 
 report data to the department as required by the department to 
 account for transportation expenditures.  

    Subd. 10. Repealed, 1Sp1997 c 4 art 1 s 63 

    Subd. 11. Repealed, 1983 c 314 art 2 s 2 

    Subd. 12. Repealed, 1984 c 463 art 9 s 13 

    Subd. 13.    Targeted needs transportation revenue.  A 
 district's targeted needs transportation revenue for the 
 1996-1997 and 1997-1998 school years equals the sum of the 
 special programs transportation revenue according to subdivision 
 14, the integration transportation revenue according to 
 subdivision 15, and the nonpublic pupil transportation aid 
 according to subdivision 16. 

    Subd. 14.    Special programs transportation revenue.  A 
 district's special programs transportation revenue for the 
 1996-1997 and 1997-1998 school years equals the sum of: 

    (a) the district's actual cost in the base year for 
 transportation services for children with disabilities under 
 subdivision 1, paragraph (b), clause (4), times the ratio of the 
 district's average daily membership for the current school year 
 to the district's average daily membership for the base year; 
 plus 

    (b) the greater of zero or 80 percent of the difference 
 between: 

    (1) the district's actual cost in the current year for 
 transportation services for children with disabilities under 
 subdivision 1, paragraph (b), clause (4); and 

    (2) the amount computed in paragraph (a). 

    Subd. 15.    Integration transportation revenue.  A 
 district's integration transportation revenue for the 1996-1997 
 and 1997-1998 school years equals the following amounts: 

    (a) for independent school district No. 709, Duluth, $4 
 times the actual pupil units for the school year; 

    (b) for independent school district No. 625, St. Paul, $73 
 times the actual pupil units for the school year; and 

    (c) for special school district No. 1, Minneapolis, $158 
 times the actual pupil units for the school year. 

    Subd. 16.    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 123.39, 123.76 to 123.78, 
 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 123.76 to 123.79. 

    (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 
 124A.22, subdivision 2, for the current school year to the 
 formula allowance pursuant to section 124A.22, 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 
 124A.22, subdivision 2, for the current school year to the 
 formula allowance pursuant to section 124A.22, subdivision 2, 
 for the second preceding school year. 

    (d) Notwithstanding the amount of the formula allowance for 
 fiscal years 1997 and 1998 in section 124A.22, subdivision 2, 
 the commissioner shall use the amount of the formula allowance 
 for the current year less $300 in determining the nonpublic 
 pupil transportation revenue in paragraphs (b) and (c) for 
 fiscal years 1997 and 1998. 

    Subd. 17.    Targeted needs transportation aid.  (a) For 
 fiscal years 1997 and 1998, a district's targeted needs 
 transportation aid is the difference between its targeted needs 
 transportation revenue under subdivision 13 and its targeted 
 needs transportation levy under section 124.226, subdivision 10. 

    (b) If a district does not levy the entire amount 
 permitted, aid must be reduced in proportion to the actual 
 amount levied. 

    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