Adopted: MSBA/MASA Model Policy 707
Orig. 1995
Revised: Rev. 2025
707 TRANSPORTATION
OF PUBLIC SCHOOL STUDENTS
I. PURPOSE
The purpose of this policy is to provide for the
transportation of students consistent with the requirements of law.
II. GENERAL
STATEMENT OF POLICY
A. The
policy of the school district is to provide for the transportation of students
in a manner which will protect their health, welfare, and safety.
B. The
school district recognizes that transportation is an essential part of the
school district services to students and parents but further recognizes that
transportation by school bus is a privilege and not a right for an eligible
student.
III. DEFINITIONS
A. “Child with a disability” includes
every child identified under federal and state special education law as deaf or
hard of hearing, blind or visually impaired, deafblind, or having a speech or
language impairment, a physical impairment,
other health disability, developmental cognitive disability, an emotional or behavioral
disorder, specific learning disability, autism spectrum disorder, traumatic
brain injury, or severe multiple impairments, and who needs special education
and related services, as determined by the rules of the Commissioner of the
Minnesota Department of Education (“Commissioner”). A licensed physician, an
advanced practice nurse, a physician assistant, or a licensed psychologist is
qualified to make a diagnosis and determination of attention deficit disorder
or attention deficit hyperactivity disorder for purposes of identifying a child
with a disability. In addition, every child under age three, and at the school
district’s discretion from age three to seven, who needs special instruction
and services, as determined by the rules of the Commissioner, because the child
has a substantial delay or has an identifiable physical or mental condition
known to hinder normal development is a child with a disability. A child with a short-term or temporary physical or emotional
illness or disability, as determined by the rules of the Commissioner, is not a
child with a disability.
B. “Home” is the legal residence of the
child. In the discretion of the school district, “home” also may be defined as
a licensed day care facility, school day care facility, a respite care
facility, the residence of a relative, or the residence of a person chosen by
the student’s parent or guardian as the home of a student for part or all of
the day, if requested by the student’s parent or guardian, or an afterschool
program for children operated by a political subdivision of the state, if the
facility, residence, or program is within the attendance area of the school the
student attends. Unless otherwise specifically provided by law, a homeless
student is a resident of the school district if enrolled in the school
district.
C. “Homeless student” means a student,
including a migratory student, who lacks a fixed, regular, and adequate
nighttime residence and includes: students who are sharing the housing of other
persons due to loss of housing, economic hardship, or a similar reason; are
living in motels, hotels, trailer parks, or camping grounds due to the lack of
alternative adequate accommodations; are living in emergency or transitional
shelters; are abandoned in hospitals; are awaiting foster care placement; have
a primary nighttime residence that is a public or private place not designed
for or ordinarily used as a regular sleeping accommodation for human beings;
are living in cars, parks, public spaces, abandoned buildings, substandard
housing, bus or train stations, or similar settings, and migratory
children who qualify as homeless because they are living in any of the
preceding listed circumstances.
D. “Nonpublic school” means any school,
church, or religious organization, or home school wherein a resident of
Minnesota may legally fulfill the compulsory instruction requirements of Minnesota
Statutes, section 120A.22, which is located within the state, and which meets
the requirements of Title VI of the Civil Rights Act of 1964.
E. “Nonresident student” is a student who
attends school in the school district and resides in another district, defined
as the “nonresident district.” In those instances when the divorced or legally
separated parents or parents residing separately share joint physical custody
of a student and the parents reside in different school districts,
the student shall be a resident of the school district designated by the
student’s parents. When parental rights have been terminated by court order,
the legal residence of a student placed in a residential or foster facility for
care and treatment is the district in which the student resides.
F. “Pupil
support services” are health, counseling, and guidance services provided by the
public school in the same district where the nonpublic school is located.
G. “School
of origin,” for purposes of determining the residence of a homeless student, is
the school that the student attended when permanently housed or the school in
which the student was last enrolled.
H. “Shared
time basis” is a program where students attend public school for part of the
regular school day and who otherwise fulfill the requirements of Minnesota
Statutes, section 120A.22 by attendance at a nonpublic school.
I. “Student”
means any student or child attending or required to attend any school as
provided in Minnesota law and who is a resident or child of a resident of
Minnesota.
IV. ELIGIBILITY
A. Upon
the request of a parent or guardian, the school district shall provide
transportation to and from school, at the expense of the school district, for
all resident students who reside two miles or more from the school, except for
those students whose transportation privileges have been revoked or have been
voluntarily surrendered by the student’s parent or guardian.
B. The
school district may, in its discretion, also provide transportation to any
student to and from school, at the expense of the school district, for any
other purpose deemed appropriate by the school board.
C. In the discretion of the school
district, transportation along regular school bus routes may also be provided,
where space is available, to any person where such use of a bus does not
interfere with the transportation of students. The cost of providing such
transportation must be paid by those individuals using these services or some
third-party payor. Bus transportation also may be provided along school bus
routes when space is available for participants in early childhood family
education programs and school readiness programs if these services do not
result in an increase in the school district’s expenditures for transportation
D. For purposes of stabilizing enrollment
and reducing mobility, the school district may, in its discretion, establish a
full-service school zone and may provide transportation for students attending
a school in that full-service school zone. A full-service school zone may be
established for a school that is located in an area with higher than average
crime or other social and economic challenges and that provides education,
health or human services, or other parental support in collaboration with a
city, county, state, or nonprofit agency.
V. TRANSPORTATION
OF NONRESIDENT STUDENTS
A. If
requested by the parent of a nonresident student, the school district shall
provide transportation to a nonresident student within its borders at the same
level of service that is provided to resident students.
B. If
the school district decides to transport a nonresident student within the
student’s resident district, the school district will notify the student’s
resident district of its decision, in writing, prior to providing
transportation.
C. When
divorced or legally separated parents or parents residing separately reside in
different school districts and share physical custody of a student, the parents
shall be responsible for the transportation of the student to the border of the
school district during those times when the student is residing with the parent
in the nonresident school district.
D. The
school district may provide transportation to allow a student who attends a
high-need English language learner program and who resides within the
transportation attendance area of the program to continue in the program until
the student completes the highest grade level offered by the program.
VI. TRANSPORTATION
OF RESIDENT STUDENTS TO NONDISTRICT SCHOOLS
A. In general, the school district shall
not provide transportation between a resident student’s home and the border of
a nonresident district where the student attends school under the Enrollment
Options Program. A parent may be reimbursed by the nonresident district for the
costs of transportation from the pupil’s residence to the border of the
nonresident district if the student is from a family whose income is at or
below the poverty level, as determined by the federal government. The
reimbursement may not exceed the pupil’s actual cost of transportation or 15
cents per mile traveled, whichever is less.
Reimbursement may not be paid for more than 250 miles per week (Minnesota
Statutes, section 124D.03, subdivision 8).
B. Resident students shall be eligible for
transportation to and from a nonresident school district at the expense of the
school district, if in the discretion of the school district, inadequate room,
distance to school, unfavorable road conditions, or other facts or conditions
make attendance in the resident student’s own district unreasonably difficult
or impracticable. The school district, in its discretion, may also provide for
transportation of resident students to schools in other districts for grades and
departments not maintained in the district, including high school, for the
whole or a part of the year or for resident students who attend school in a
building rented or leased by the school district in an adjacent district.
C. In
general, the school district is not responsible for transportation for any
resident student attending school in an adjoining state under a reciprocity
agreement but may provide such transportation services at its discretion.
VII. SPECIAL
EDUCATION STUDENTS/STUDENTS WITH A DISABILITY/ STUDENTS WITH TEMPORARY
DISABILITIES
A. Upon a request of a parent or guardian,
the board must provide necessary transportation, consistent with Minnesota
Statutes, section 123B.92, subdivision 1(b)(4), for a resident child with
disabilities not yet enrolled in kindergarten for the provision of special
instruction and services. Special instruction and services for a child with
disabilities not yet enrolled in kindergarten include an individualized
education program (IEP) team placement in an early childhood program when that
placement is necessary to address the child’s level of functioning and needs.
B. Resident students with disabilities who
are transported on a special route for the purpose of attending an approved
special education program shall be entitled to special transportation at the
expense of the school district or the day training and habilitation program
attended by the student. The school district shall determine the type of
vehicle used to transport students with a disability on the basis of the disabling
condition and applicable laws. This provision shall not be applicable to
parents who transport their own child under a contract with the school
district.
C. Resident
students with a disability who are boarded and lodged at Minnesota state
academies for educational purposes, but who also are enrolled in a public
school within the school district, shall be provided transportation, by the
school district to and from said board and lodging facilities, at the expense
of the school district.
D. If a resident student with a disability
attends a public school located in a contiguous school district and the school
district of attendance does not provide special instruction and services, the
school district shall provide necessary transportation for the student between
the school district boundary and the educational facility where special
instruction and services are provided within the school district. The school
district may provide necessary transportation of the student between its
boundary and the school attended in the contiguous district, but shall not pay
the cost of transportation provided outside the school district boundary.
E. When a student with a disability or a
student with a short-term or temporary disability is temporarily placed for
care and treatment in a day program located in another school district and the
student continues to live within the school district during the care and
treatment, the school district shall provide the transportation, at the expense
of the school district, to that student. The school district may establish reasonable restrictions on
transportation, except if a Minnesota court or agency orders the child placed
at a day care and treatment program and the school district receives a copy of
the order, then the school district must provide transportation to and from the
program unless the court or agency orders otherwise. Transportation shall only
be provided by the school district during regular operating hours of the school
district.
F. When a nonresident student with a
disability or a student with a short-term or temporary disability is
temporarily placed in a residential program within the school district,
including correctional facilities operated on a fee-for-service basis and state
institutions, for care and treatment, the school district shall provide the
necessary transportation at the expense of the school district. Where a joint
powers entity enters into a contract with a privately owned and operated
residential facility for the provision of education programs for special
education students, the joint powers entity shall provide the necessary
transportation.
G. Each
driver and aide assigned to a vehicle transporting students with a disability
will be provided with appropriate training for the students in their care, will
assist students with their safe ingress and egress from the bus, will ensure
the proper use of protective safety devices, and will be provided with access
to emergency health care information as required by law.
H. Any
parent of a student with a disability who believes that the transportation
services provided for that child are not in compliance with the applicable law
may utilize the alternative dispute resolution and due process procedures
provided for in Minnesota Statutes, chapter 125A.
VIII. HOMELESS
STUDENTS
A. Homeless
students shall be provided with transportation services comparable to other
students in the school district.
B. Upon
request by the student’s parent, guardian, or homeless education liaison, the
school district shall provide transportation for a homeless student as follows:
1. A
resident student who becomes homeless and is residing in a public or private
shelter location or has other non-shelter living arrangements within the school
district shall be provided transportation to and from the student’s school of
origin and the shelter or other non-shelter location on the same basis as
transportation services are provided to other students in the school district.
2. A
resident student who becomes homeless and is residing in a public or private
shelter location or has other non-shelter living arrangements outside of the
school district shall be provided transportation to and from the student’s
school of origin and the shelter or other non-shelter location on the same
basis as transportation services are provided to other students in the school
district, unless the school district and the school district in which the
student is temporarily placed agree that the school district in which the
student is temporarily placed shall provide transportation.
3. If
a nonresident student is homeless and is residing in a public or private
homeless shelter or has other non-shelter living arrangements within the school
district, the school district may provide transportation services between the
shelter or non-shelter location and the student’s school of origin outside of
the school district upon agreement with the school district in which the school
of origin is located.
4. A homeless nonresident student enrolled
under Minnesota Statutes, section 124D.08, subdivision 2a, must be provided
transportation from the student’s district of residence to and from the school
of enrollment.
IX. AVAILABILITY
OF SERVICES
Transportation shall be provided on all regularly scheduled
school days or make-up days.
Transportation will not be provided during the summer school break.
Transportation may be provided for summer instructional programs for students
with a disability or in conjunction with a learning year program.
Transportation between home and school may also be provided, in the discretion
of the school district, on staff development days.
X. MANNER
OF TRANSPORTATION
The scheduling of routes, establishment of the location of
bus stops, manner and method of transportation, control and discipline of
school children, the determination of fees, and any other matter relating
thereto shall be within the sole discretion, control and management of the
school board. The school district may, in its discretion, provide room and
board, in lieu of transportation, to a student who may be more economically and
conveniently provided for by that means.
XI. RESTRICTIONS
Transportation by the school district is a privilege and not
a right for an eligible student. A student’s eligibility to ride a school bus
may be revoked for a violation of school bus safety or conduct policies, or
violation of any other law governing student conduct on a school bus pursuant
to the school district’s discipline policy. Revocation of a student’s bus
riding privilege is not an exclusion, expulsion, or suspension under the Pupil
Fair Dismissal Act. Revocation procedures for a student who is an individual
with a disability under 20 United States Code, section 1415 (Individuals with
Disabilities Act), 29 United States Code, section 794 (the Rehabilitation Act),
and 42 United States Code, section 12132, (Americans with Disabilities Act) are
governed by these provisions.
XII. FEES
A. In
its discretion, the school district may charge fees for transportation of
students to and from extracurricular activities conducted at locations other
than school, where attendance is optional.
B. The school district may charge fees for
transportation of students to and from school when authorized by law. If the
school district charges fees for transportation of students to and from school,
guidelines shall be established for that transportation to ensure that no
student is denied transportation solely because of inability to pay. The school
district also may waive fees for transportation if the student’s parent is
serving in, or within the past year has served in, active military service as
defined in Minnesota Statutes, section 190.05.
C. The
school district may charge reasonable fees for transportation of students to
and from post-secondary institutions for students enrolled under the
post-secondary enrollment options program.
Families who qualify for mileage reimbursement may use their state
mileage reimbursement to pay this fee
D. Where,
in its discretion, the school district provides transportation to and from an
instructional community-based employment station that is part of an approved
occupational experience vocational program, the school district may require the
payment of reasonable fees for transportation from students who receive
remuneration for their participation in these programs.
Legal References: Minn. Stat. § 120A.22 (Compulsory
Instruction)
Minn. Stat. §§ 121A.40-121A.56 (Pupil
Fair Dismissal Act)
Minn. Stat. § 121A.59 (Bus
Transportation a Privilege Not a Right)
Minn. Stat. § 123B.36 (Authorized Fees)
Minn. Stat. § 123B.41 (Definitions)
Minn. Stat. § 123B.44 (Provision of
Pupil Support Services)
Minn. Stat. § 123B.84 (Policy)
Minn. Stat. § 123B.88 (Independent
School Districts; Transportation)
Minn. Stat. § 123B.92 (Transportation
Aid Entitlement)
Minn. Stat. § 124D.03 (Enrollment
Options Program)
Minn. Stat. § 124D.04 (Options for
Enrolling in Adjoining States)
Minn. Stat. § 124D.041 (Reciprocity
with Adjoining States)
Minn. Stat. § 124D.08 (School Board’s Approval to Enroll in
Nonresident District; Exceptions)
Minn. Stat. Ch. 125A (Special Education
and Special Programs)
Minn. Stat. § 125A.02 (Child with a
Disability Defined)
Minn. Stat. § 125A.12 (Attendance in
Another District)
Minn. Stat. § 125A.15 (Placement in
Another District; Responsibility)
Minn. Stat. § 125A.51 (Placement of
Children Without Disabilities; Education and Transportation)
Minn. Stat. § 125A.515 (Placement of
Students; Approval of Education Program)
Minn. Stat. § 125A.65 (Attendance at
Academies for the Deaf and Blind)
Minn. Stat. § 126C.01 (Definitions)
Minn. Stat. § 127A.47 (Payments to
Resident and Nonresident Districts)
Minn. Stat. § 190.05 (Definitions)
Minn. Rules Part 7470.1600
(Transporting Pupils with Disability)
Minn. Rules Part 7470.1700 (Drivers and
Aides for Pupils with Disability)
20 U.S.C. § 1415 (Individuals with
Disabilities Education Act)
29 U.S.C. § 794 (Rehabilitation Act of
1973, § 504)
42 U.S.C. § 2000d (Prohibition against Exclusion
from Participation in, Denial of Benefits of, and Discrimination under
Federally Assisted Programs on Ground of Race, Color, or National Origin)
42 U.S.C. § 11431 et seq.
(McKinney-Vento Homeless Assistance Act of 2001)
42 U.S.C. § 12132 et seq. (Americans with Disabilities Act)
Cross References: MSBA/MASA
Model Policy 708 (Transportation of Nonpublic School Students)
MSBA/MASA Model Policy 709 (Student
Transportation Safety Policy)
MSBA/MASA Model Policy 710
(Extracurricular Transportation)