53A-17a-127 - Eligibility for state-supported transportation -- Approved bus routes -- Additional local tax.
53A-17a-127. Eligibility for state-supported transportation -- Approved bus routes-- Additional local tax.
(1) A student eligible for state-supported transportation means:
(a) a student enrolled in kindergarten through grade six who lives at least 1-1/2 milesfrom school;
(b) a student enrolled in grades seven through 12 who lives at least two miles fromschool; and
(c) a student enrolled in a special program offered by a school district and approved bythe State Board of Education for trainable, motor, multiple-disabled, or other students withsevere disabilities who are incapable of walking to school or where it is unsafe for students towalk because of their disabling condition, without reference to distance from school.
(2) If a school district implements double sessions as an alternative to new buildingconstruction, with the approval of the State Board of Education, those affected elementary schoolstudents residing less than 1-1/2 miles from school may be transported one way to or from schoolbecause of safety factors relating to darkness or other hazardous conditions as determined by thelocal school board.
(3) (a) The State Board of Education shall distribute transportation money to schooldistricts based on:
(i) an allowance per mile for approved bus routes;
(ii) an allowance per hour for approved bus routes; and
(iii) a minimum allocation for each school district eligible for transportation funding.
(b) The State Board of Education shall distribute appropriated transportation funds basedon the prior year's eligible transportation costs as legally reported under Subsection53A-17a-126(3).
(c) The State Board of Education shall annually review the allowance per mile and theallowance per hour and adjust the allowances to reflect current economic conditions.
(4) (a) Approved bus routes for funding purposes shall be determined on fall datacollected by October 1.
(b) Approved route funding shall be determined on the basis of the most efficient andeconomic routes.
(5) A Transportation Advisory Committee with representation from local schoolsuperintendents, business officials, school district transportation supervisors, and the statesuperintendent's staff shall serve as a review committee for addressing school transportationneeds, including recommended approved bus routes.
(6) (a) A local school board may provide for the transportation of students regardless ofthe distance from school, from:
(i) general funds of the district; and
(ii) a tax rate not to exceed .0003 per dollar of taxable value imposed on the district.
(b) A local school board may use revenue from the tax described in Subsection (6)(a)(ii)to pay for transporting students and for the replacement of school buses.
(c) (i) If a local school board levies a tax under Subsection (6)(a)(ii) of at least .0002, thestate may contribute an amount not to exceed 85% of the state average cost per mile, contingentupon the Legislature appropriating funds for a state contribution.
(ii) The state superintendent's staff shall distribute the state contribution according torules enacted by the State Board of Education.
(d) (i) The amount of state guarantee money which a school district would otherwise beentitled to receive under Subsection (6)(c) may not be reduced for the sole reason that thedistrict's levy is reduced as a consequence of changes in the certified tax rate under Section59-2-924 due to changes in property valuation.
(ii) Subsection (6)(d)(i) applies for a period of two years following the change in thecertified tax rate.
Amended by Chapter 305, 2010 General Session