Education, Administration

Section R277-600-10

Special Transportation Levy

Notice of Proposed Rule

(Amendment)

DAR File No.: 33747
Filed: 06/15/2010 07:30:29 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for changes in H.B. 166, 2010 Legislative Session, that permits use of the local special transportation levy with fewer restrictions by school districts to transport students and to use the levy for the replacement of school buses. (DAR NOTE: H.B. 166 (2010) is found at Chapter 305, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

The amendments provide for broader use of the special transportation levy in Section R277-600-10.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)(d)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes to the rule affect local school districts and use of funds.

local governments:

There are no anticipated costs or savings to local government. School districts will now be able to use the special transportation levy for additional uses previously restricted, but will have no additional or new funding.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public school transportation.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The amendments apply to school districts.

Compliance costs for affected persons:

There are no compliance costs for affected persons. School districts will have more flexibility in using special transportation levy funds.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/02/2010

This rule may become effective on:

08/09/2010

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-600. Student Transportation Standards and Procedures.

R277-600-10. Special Transportation Levy.

A. Costs for school district transportation of students which are not reimbursable may be paid for from general funds of the school district or from the proceeds of a tax rate authorized for school districts. The tax rate authorized for transportation may not exceed .0003 tax rate. The revenue may be used for transporting students and for the replacement of school buses.[:

(1) to transport ineligible students to and from school;

(2) for transportation to interscholastic activities;

(3) for transportation to night activities;

(4) for field trips; and

(5) for the replacement of school buses.]

B. Transportation of students in areas where walking constitutes a hazardous condition, as determined by the local board, may be provided from general funds from the school district or from the tax specified in R277-600-10A. Hazardous areas shall be determined by an analysis of the following factors:

(1) volume, type, and speed of vehicular traffic;

(2) age and condition of students traversing the area;

(3) condition of the roadway, sidewalks and applicable means of access in the area; and

(4) environmental conditions.

C(1) The cost of school bus operation for [activity trips]interscholastic activities[,] and educational field trips approved by a school board, and for the transportation of students to alleviate hazardous walking conditions may be met with state funds appropriated under Section 53A-17a-127(6) only to the extent of funds available to individual school districts[ for the specific purposes of Section 53A-17a-127(6)(b)].

(2) Appropriated funds under Section 53A-17a-127(6) shall be distributed according to each school district's proportional share of its qualifying state contribution.

(3) The qualifying state contribution for school districts shall be the difference between 85 percent of the average state cost per qualifying mile multiplied by the number of qualifying miles and the current funds raised per school district by a transportation levy of .0002.

 

KEY: school buses, school transportation

Date of Enactment or Last Substantive Amendment: [June 23, 2009]2010

Notice of Continuation: January 8, 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(d); 53A-17a-126 and 127