Education, Administration

Section R277-600-10

Special Transportation Levy

Notice of Proposed Rule

(Amendment)

DAR File No.: 35347
Filed: 10/13/2011 03:13:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 301 (2011 General Session) consolidated the existing thirteen school district tax levies into six resulting levies. Section R277-600-10 is amended to make use of the levies and terminology consistent with the new state law.

Summary of the rule or change:

The amended section of the rule removes and adds language to make the language consistent with state law.

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 2011 legislative appropriation provided less money specifically for student transportation and this rule allows school districts to make up the difference with local funds.

local governments:

There are no anticipated costs or savings to local government in directing funding from the levies for student transportation.

small businesses:

There are no anticipated costs or savings to small businesses. This rule is about the authority of the local entity to use the funds from local levies for student 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. This rule is about funds raised and spent by government entities.

Compliance costs for affected persons:

There are no compliance costs for affected persons. This rule is about funds raised and spent by government entities and does not affect individuals.

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:

12/01/2011

This rule may become effective on:

12/08/2011

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]Board Local 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 Board Local Levy authorized under Section 53A-17a-164.

B. The revenue from the Board Local Levy may be used for transporting students and for the replacement of school buses.

[B]C. 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]Board Local Levy.

(1) Hazardous [areas]conditions shall be determined by an analysis of the following factors:

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

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

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

([4]d) environmental conditions.

(2) A local board may designate hazardous conditions.

[C]D. Guarantee Transportation Levy[(1) The cost of school bus operation for 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.]

([2]1) Appropriated funds under Section 53A-17a-127([6]7) shall be distributed according to each school district's proportional share of its qualifying state contribution.

([3]2) 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]an amount of revenue equal to at least .0002 per dollar of taxable value of the school district's Board Local Levy under Section 53A-17a-164.

 

KEY: school buses, school transportation

Date of Enactment or Last Substantive Amendment: [August 9, 2010]2011

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