Education, Administration

Section R277-600-7

Alternative Transportation

Notice of Proposed Rule

(Amendment)

DAR File No.: 35877
Filed: 02/15/2012 03:52:28 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide language for adequate reimbursement to parents in lieu of school district transportation for mileage and room and board for a student who resides more than 60 miles from the student's assigned school.

Summary of the rule or change:

The changes to the rule provide language in Section R277-600-7 for increased reimbursement to parents in lieu of school district transportation for mileage and room and board for a student who resides more than 60 miles from the student's assigned school.

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 to the state budget. The state will provide funding to school districts to reimburse parents adequately for mileage and room and board for students who live more than 60 miles from the student's assigned school. This rule affects a very small number of students.

local governments:

There are no anticipated costs to local government. School districts will receive state transportation funding to reimburse parents adequately for mileage and room and board for students who live more than 60 miles from the student's assigned school. This rule affects a very small number of students.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education and does not affect businesses.

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

There will be savings to parents because they will be reimbursed adequately and appropriately for mileage and room and board for students who live more than 60 miles from the student's assigned school.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes to this rule provide for adequate reimbursement to parents for transportation and room and board costs in which there is no compliance.

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:

04/02/2012

This rule may become effective on:

04/09/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-600. Student Transportation Standards and Procedures.

R277-600-7. Alternative Transportation.

Bus routes that involve a large number of deadhead miles are analyzed for reduction or to determine if an alternative method of transporting students is more efficient. Approved alternatives include the following:

A. The costs incurred in transporting eligible pupils in a school district multipurpose passenger vehicle (M.P.V. ) are approved costs as long as the costs demonstrate efficiency.

B(1) The costs incurred in paying eligible students an allowance in lieu of school district-supplied transportation are an approved cost. A student is reimbursed for the mileage to the bus stop or school, whichever is closer, nearest the student's home. The allowance shall not be less than the standard mileage rate deduction permitted by the United States Internal Revenue Service for charitable contributions, nor greater than the reimbursement allowance permitted by the Utah Department of Administrative Services for use of privately owned vehicles set forth in the Utah Travel Regulations;

(2) [a student allowance is made to the student and not to the parent for transporting one's own child or other students. This does not restrict parents from pooling resources]a student mileage allowance is made to only one student per family for each trip that is necessary for all the students within a family to attend school. If siblings are on different school schedules or ride buses that are on significantly different schedules, multiple students within a family may claim and be paid for student mileage allowances;

(3) if a student or the student's parent is unable to provide private transportation, with prior state approval, an amount equivalent to the student allowance is payable to the school district to help pay the costs of school district transportation;

(4) the student's mileage shall be measured and certified in school district records. The student's ADA, as entered in school records, is used to determine the student's attendance.

C(1) The cost incurred in providing a subsistence allowance is an approved cost. [A parent is reimbursed for a student's room and board when a student lives at a site nearer to the assigned school, if the student does not have a school facility or bus service available within approximately 60 miles of the student's residence.]If a student lives more than 60 miles on well-maintained roads from the student's assigned school, a parent may be reimbursed for the student's room and board if the student relocates temporarily to reside in close proximity to the student's assigned school . Payment shall not exceed the Substitute Care Rate for Family Services for the current fiscal year. Adjustments for changes made in the rate during the year are included in the allowance. In addition to the reimbursement for room and board, the subsistence allowance includes the costs of [two]18 round trips per year.

(2) A subsistence allowance is not applicable to a parent who maintains a separate home during the school year for the convenience of the family. A parent's residence during the school year is the residence of the child.

D. Contracting or leasing for pupil transportation

(1) The cost incurred in engaging in a contract or leasing for transportation is an approved cost at the prorated amount available to school districts.

(2) Reimbursements for school districts using a leasing arrangement are determined in accordance with the comparable cost for the school district to operate its own transportation.

(3) Under a contract or lease, the school district's transportation administrator's time shall not exceed one percent of the commercial contract cost.

(4) Eligible student counts, bus route mileage, bus route minutes, and bus inventory data are required as if the school district operated its own transportation.

 

KEY: school buses, school transportation

Date of Enactment or Last Substantive Amendment: [December 8, 2011]2012

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