2006 Minnesota Statutes

123B.88 INDEPENDENT SCHOOL DISTRICTS; TRANSPORTATION.
    Subdivision 1. Providing transportation. 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 district, the board
must arrange for the attendance of all pupils living two miles or more from the school, except
pupils whose transportation privileges have been voluntarily surrendered under subdivision
2, or whose privileges have been revoked under section 123B.91, subdivision 1, clause (6),
or 123B.90, subdivision 2. The district may provide for the transportation of or the boarding
and rooming of the pupils who may be more economically and conveniently provided for by
that means. Arrangements for attendance may include a requirement that parents or guardians
request transportation before it is provided. The board must 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 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65 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, the determination of fees, and any other matter relating thereto
must be within the sole discretion, control, and management of the 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. Voluntary surrender of transportation privileges. The parent or guardian of a
student may voluntarily surrender the student's to and from school transportation privileges
granted under subdivision 1.
    Subd. 3. Transportation services contracts. The board may contract for the furnishing of
authorized transportation under section 123B.52, 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. 3a. Pupil transportation safety committee. (a) A school board may establish a
pupil transportation safety committee. The chair of the pupil transportation safety committee
is the district's school transportation safety director. The school board shall appoint the other
members of the pupil transportation safety committee. Membership may include parents, school
bus drivers, representatives of school bus companies, local law enforcement officials, other school
district staff, and representatives from other units of local government.
(b) The duties of the pupil transportation safety committee include: (1) reviewing and
recommending changes to the district's pupil transportation safety policy required under
subdivision 1; and (2) developing a comprehensive plan for the safe transportation of students who
face hazardous transportation conditions. The comprehensive hazardous transportation plan shall
consider safety factors including the types of roads that students must cross, the speed of traffic on
those roads, the age of the students, and any other factors as determined by the committee.
(c) The pupil transportation safety committee must hold at least one public meeting before
adopting its comprehensive plan for transporting students who face hazardous transportation
conditions.
(d) Any recommended changes to the district's pupil transportation safety policy and the
comprehensive plan for hazardous transportation must be submitted to the school board.
    Subd. 4. Instruction in a nonresident district. 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 123A.488, 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. Admission of nonresident pupils. 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. 6. Nonresident pupil defined. 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. Attendance in another state. 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. Authority to rent buses. The board may rent a bus owned by the district excluding
a motor-coach bus to any person for any lawful purpose. Bus rental must 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 15, 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. 9. Nonpupil transportation; insurance. Notwithstanding the provisions of section
221.021, any public school district or school bus contractor providing transportation services to a
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 123B.49, subdivision 3 or 4, 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 district. District owned buses and the operators thereof shall otherwise comply
with the provisions of this section and the rules of the commissioner of public safety 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. 10. Transportation of any person. Districts may use district owned or contractor
operated school buses to provide transportation along regular school bus routes on a space
available basis for any person. Such use of a bus must 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, must
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 district.
The provisions of section 65B.47, subdivision 4, shall be applicable to any person being
transported pursuant to this subdivision.
    Subd. 11. Part-time secondary students. 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 124D.02, subdivisions 2, 3, and 4. Such use of a bus must 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. 12. Early childhood family education participants. Districts may provide bus
transportation along regular school bus routes when space is available for participants in early
childhood family education programs and school 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 123B.92.
    Subd. 13. Area learning center pupils. Districts may provide bus transportation along
school bus routes 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 123B.92.
    Subd. 14. Transportation insurance. 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. 15. Insurance; indemnity. If a school board has obtained insurance pursuant to
subdivision 14 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 14 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 district, or its employees
beyond the coverage so provided.
    Subd. 16. Payment of insurance premiums; nonliability. 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. 17. Insurance; school safety patrol. 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. Such 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 make the district liable for such injuries.
    Subd. 18. Snow removal. 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
outside the district.
    Subd. 19. Disabled person transport to developmental achievement center. The board
must contract with any licensed developmental achievement center attended by a resident disabled
person who fulfills the eligibility requirements of section 252.23, subdivision 1, to transport the
resident disabled 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 disabled person and is not unreasonably burdensome to the district and if a less expensive,
reasonable, alternative means of transporting the disabled 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 to resolve the conflict. All decisions of the commissioner
shall be final and binding upon the board and the center.
    Subd. 20. Custodial parent transportation. 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 must establish criteria for
transportation it provides according to this subdivision.
    Subd. 21. Pupil transport on staff development days. A 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 123B.92. 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 Department of Education.
    Subd. 22. Postsecondary enrollment options pupils. Districts may provide bus
transportation along school bus routes when space is available, for pupils attending programs at a
postsecondary institution under the postsecondary 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 123B.36, subdivision 1, paragraph (13), shall be subtracted from the
authorized cost for nonregular transportation for the purpose of section 123B.92.
History: 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; 1998 c 397 art 6 s 83-97,124; art 11 s 3; 1998 c
398 art 5 s 55; art 6 s 19,20; 1999 c 205 art 1 s 70; 2000 c 254 s 13-15; 2000 c 489 art 6 s 12;
1Sp2001 c 6 art 1 s 12; 1Sp2003 c 9 art 2 s 14; art 10 s 13; 2005 c 56 s 1; 1Sp2005 c 5 art 2 s 56