H.B. 297

1

SCHOOL BUSING AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David N. Cox
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill adjusts eligibility for state-supported school transportation funding.
10 Highlighted Provisions:
11 This bill:
12 . provides that to be eligible for state-supported transportation a student shall, in
13 addition to other requirements, attend the public school within the student's school
14 district or residence that:
15 . is nearest to the student's place of residence;
16 . offers the student's grade; and
17 . is not a charter school; and
18 . makes technical corrections.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 53A-17a-127, as last amended by Chapter 73, Laws of Utah 2001
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 53A-17a-127 is amended to read:
29 53A-17a-127. Eligibility for state-supported transportation -- Approved bus
30 routes -- Additional local tax.
31 (1) A student is eligible for state-supported transportation [means:] if the student:
32 (a) attends the public school within the student's school district of residence that:
33 (i) is nearest to the student's place of residence;
34 (ii) offers the student's grade; and
35 (iii) is not a charter school; and
36 [(a) a student] (b) (i) is enrolled in kindergarten through grade six [who] and lives at
37 least 1-1/2 miles from school;
38 [(b) a student] (ii) is enrolled in grades [seven] 7 through 12 [who] and lives at least
39 two miles from school; [and] or
40 [(c) a student] (iii) is enrolled in a special program offered by a school district and
41 approved by the State Board of Education for trainable, motor, or multiple-disabled students, or
42 other students with severe disabilities who are incapable of walking to school or where it is
43 unsafe for students to walk because of their disabling condition, without reference to distance
44 from school.
45 (2) If a school district implements double sessions as an alternative to new building
46 construction, with the approval of the State Board of Education, those affected elementary
47 school students residing less than 1-1/2 miles from school may be transported one way to or
48 from school because of safety factors relating to darkness or other hazardous conditions as
49 determined by the local school board.
50 (3) (a) The State Office of Education shall distribute transportation monies to school
51 districts based on three factors:
52 (i) an allowance per mile for approved bus routes;
53 (ii) an allowance per hour for approved bus routes; and
54 (iii) an annual allowance for equipment and overhead costs based on approved bus
55 routes and the age of the equipment.
56 (b) In order for a bus to be considered for the equipment allowance, it must meet
57 federal and state regulations and standards for school buses.
58 (c) The State Office of Education shall annually review the allowance per mile, the

59 allowance per hour, and the annual equipment and overhead allowance and adjust the
60 allowance to reflect current economic conditions.
61 (4) (a) Approved bus routes for funding purposes shall be determined on fall data
62 collected by October 1.
63 (b) Approved route funding shall be determined on the basis of the most efficient and
64 economic routes.
65 (5) A Transportation Advisory Committee with representation from local school
66 superintendents, business officials, school district transportation supervisors, and the State
67 Office of Education shall serve as a review committee for addressing school transportation
68 needs, including recommended approved bus routes.
69 (6) (a) A local school board may provide for the transportation of students who are not
70 eligible under Subsection (1), regardless of the distance from school, from:
71 (i) general funds of the district; and
72 (ii) a tax rate not to exceed .0003 per dollar of taxable value imposed on the district.
73 (b) A local school board may use revenue from the tax to pay for transporting
74 participating students to interscholastic activities, night activities, and educational field trips
75 approved by the board and for the replacement of school buses.
76 (c) (i) If a local school board levies a tax under Subsection (6)(a)(ii) of at least .0002,
77 the state may contribute an amount not to exceed 85% of the state average cost per mile,
78 contingent upon the Legislature appropriating funds for a state contribution.
79 (ii) The State Office of Education shall distribute the state contribution according to
80 rules enacted by the State Board of Education.
81 (d) (i) The amount of state guarantee money to which a school district would otherwise
82 be entitled to under Subsection (6)(c) may not be reduced for the sole reason that the district's
83 levy is reduced as a consequence of changes in the certified tax rate under Section 59-2-924
84 due to changes in property valuation.
85 (ii) Subsection (6)(d)(i) applies for a period of two years following the change in the
86 certified tax rate.
87 [(7) There is appropriated for the fiscal year beginning July 1, 1999, $225,000 to the
88 state board as the state's contribution under Subsection (6)(c)(i).]

Legislative Review Note
as of 1-17-06 12:25 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel