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15.1-30 Transportation of Students

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CHAPTER 15.1-30TRANSPORTATION OF STUDENTS15.1-30-01. Transportation or meals and lodging - Options of school board.1.The board of a school district may:a.Provide for the transportation of a student to and from school; orb.If acceptable to the student's parent, reimburse the parent for expenses<br>incurred in providing meals and lodging to the student outside the student's<br>home.2.A parent receiving payments under section 15.1-30-02 is not eligible to receive<br>payments under this section.3.If the board elects to provide for the transportation of students by public transit, the<br>board shall establish eligibility criteria based on a minimum distance between a<br>student's residence and the school. Except as otherwise provided by law, the board<br>shall apply the criteria equally to all students in the district.4.If the board closes one of several schools in the district, nothing in this section<br>precludes the board from agreeing to provide transportation to those students who<br>were placed in another school in the district because of the closure.5.Benefits under this section are available even if a student is transported to another<br>school district in or outside this state, provided the student's attendance meets all<br>other conditions established by law.15.1-30-02. Transportation payments - Board option.1.The board of a school district in the state may pay to the parent of each student who<br>resides more than two miles [3.22 kilometers] from the public school which the<br>student attends a reasonable sum per day for each day the student attends the<br>school, provided:a.The student is transported to school by an adult member of the student's family;b.The student's transportation is provided in a vehicle furnished by the student's<br>parent;c.The student's transportation is paid for by the student's parent; ord.The cost of providing meals and lodging for the student at a location other than<br>the student's residence is assumed by the student's parent.2.The board shall calculate the payment provided for in this section according to the<br>distance between the front door of the student's residence and the front door of the<br>school attended by the student, using the most direct public route.15.1-30-03. Transportation payments - Written request - Waiver. A parent entitled toany payment authorized by a school board under this chapter shall submit to the school district a<br>written request for payment before June thirtieth of each school year or the payment is deemed<br>waived. Any payment not made within one year of the date on which it is requested is deemed to<br>have been refused and the claim is deemed to have expired.15.1-30-04. Provision of meals and lodging for high school students - Paymentpermitted - Levy. Instead of providing transportation so that an eligible high school studentPage No. 1residing in the district can attend school in another district, a school board may pay a reasonable<br>allowance to the student's parent for costs incurred in the provision of meals and lodging for the<br>student at a location other than the student's residence. A school district that furnishes either<br>transportation or an allowance for the provision of meals and lodging for a student under this<br>section may levy a tax pursuant to subdivision a of subsection 1 of section 57-15-14.2 for this<br>purpose.15.1-30-05. Schoolbus transportation services - Optional fee. The board of a schooldistrict that has not been reorganized may charge a fee for the provision of schoolbus<br>transportation service to students.15.1-30-06. Transportation - Bids, contracts, bonds.1.Before the beginning of each school year, the board of a school district that provides<br>transportation shall contract for the provision of transportation services during the<br>school year.Except as provided in section 15.1-30-11, the board shall providenotice of its intent to contract by publishing the time and place for submission of<br>sealed bids in the official newspaper of the school district at least ten days prior to<br>the required date of submission. The notice must:a.Include the route to be covered by each contract;b.Provide that the board reserves the right to reject any and all bids;c.Provide that each successful bidder must submit in a separate envelope a bond<br>in an amount set by the board, provided that the amount of the bond must be at<br>least five hundred dollars;d.Provide that the bond must be conditioned for the faithful performance of the<br>duties set forth in the contract; ande.Provide that any bids submitted name the individual who will operate the<br>vehicle and describe the vehicle.2.If the transportation vehicle is privately owned, the duration of the contract may not<br>exceed seven years.3.This section does not apply to a school district that owns its own buses and employs<br>its own busdrivers.15.1-30-07. Transportation contract - Standard form. The superintendent of publicinstruction shall prepare a standard transportation contract form and shall provide copies, upon<br>request, to school districts.15.1-30-08. Transportation contract - Provisions. A transportation contract must:1.Provide that no vehicle other than that described in the contract may be used to<br>transport students, unless a change is authorized in writing by the board of the<br>school district.2.Provide that only the individual named in the contract may operate a vehicle used to<br>transport students, unless a change is authorized in writing by the board.3.Include the transportation routes that were established by the board and which are to<br>be covered by the transportation provider.4.Set compensation for the provision of transportation.Page No. 25.Describe the process by which an equitable adjustment of compensation will be<br>determined and paid if a change in the established transportation routes becomes<br>necessary.15.1-30-09.Transportation contract - Waiver of provisions.In the case of anemergency or other unforeseen event, the school board president may waive transportation<br>contract provisions requiring that only vehicles described in the contract be used and that the<br>vehicles be operated only by individuals named in the contract. The waiver is valid only until the<br>next regular or special meeting of the board.15.1-30-10.Transportation contract - Assignment.A transportation contract isassignable only upon written authorization by the school board.15.1-30-11. Transportation contract - Direct negotiation.1.Notwithstandingsections15.1-30-06and15.1-30-12,acontractforthetransportation of students, originally bid by and let to a contractor, may be renewed:a.Through direct negotiation between the board of a school district and the<br>contractor; orb.Upon sealed bids.2.If a contract is to be renewed through direct negotiation, the school board shall<br>publish notice in the official newspaper of the district, at least thirty days before the<br>date of renewal, and shall make a good-faith effort to obtain at least two written<br>quotations for the contract. The board shall maintain all quotations received on file<br>for at least one year after their receipt. The quotations are public information.3.If any written quotations are received, the board may directly negotiate a contract,<br>provided:a.The board shall conduct a public meeting regarding the contract;b.The board provides at least seven days' notice of the public meeting regarding<br>the contract by publication in the official newspaper of the district; andc.The public is given an opportunity to appear and comment at the public<br>meeting.4.All terms of the contract must be negotiated and agreed to in the public meeting.5.If a contract is to be made upon the receipt of sealed bids, the board shall follow the<br>procedure set forth in section 15.1-30-06 for advertising and awarding the bids.15.1-30-12. Contract for transportation - Conditions.1.The board of a school district shall let the contract, except as otherwise provided in<br>section 15.1-30-11, to the lowest responsible bidder who:a.Furnishes a bond approved by the board, as provided for in section 15.1-30-06;b.Agrees to use a vehicle which, in the opinion of the board, meets the standards<br>imposed by the superintendent of public instruction under sections 39-21-27<br>and 39-21-27.1 and which is safe, comfortable, and suitable for the purpose;<br>andc.Identifies individuals who, in the opinion of the board, are competent and<br>responsible to serve as drivers.Page No. 32.The board may not enter a contract for transportation with an individual member of<br>the board.3.An individual member of the board may serve as the driver of a vehicle identified for<br>use in the transportation contract.15.1-30-13. Transportation of students - Control and discipline.The driver of avehicle used to transport students under a contract as provided in this chapter is under the<br>supervision and direction of the school board, the school district superintendent, the school<br>principal, and the teachers of the school while the driver is on duty. The disciplinary authority of<br>the school exists while a student is being transported, by or on behalf of the student's school, and<br>the driver of the vehicle is charged with exercising control and discipline during the transportation.15.1-30-14. Schoolbus route - Extension into bordering state. The board of a schooldistrict may extend its bus route into a bordering state for the purpose of transporting students<br>from the bordering state into this state, provided that the superintendent of public instruction has<br>entered a reciprocal contract with the bordering state under section 15.1-29-02 or that the board<br>has entered a contract with a school district in the bordering state under section 15.1-29-02.15.1-30-15.Transportation services to nonpublic students - Joint provision oftransportation services.1.If the board of a school district provides transportation services to its students, the<br>board may provide transportation services to students attending nonpublic schools,<br>provided:a.The nonpublic school students are transported only along the bus route<br>established for the public school students;b.The nonpublic school students are transported only on the days and at the<br>times that the public school students are transported; andc.The legal passenger capacity of each bus is not exceeded by the transportation<br>of nonpublic school students.2.a.The board of a school district that provides transportation to its students may<br>contract with other local, state, or federal government entities for the joint<br>provision and integration of transportation services to the public.b.A contract under this section must provide for the observation of all safety<br>requirements otherwise imposed by law on schoolbuses, on school vehicles,<br>and on schoolbus drivers when students are being transported.Page No. 4Document Outlinechapter 15.1-30 transportation of students