707.0 Transportation of Public Students

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

1. 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.
2. 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

1. “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.
2. “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 student experiencing homelessness is a resident of the school district if enrolled in the school district. 
3. “Student experiencing homelessness” 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, recreational vehicle 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.
4. “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.
5. “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. 
6. “Pupil support services” are health, counseling, and guidance services provided by the public school in the same district where the nonpublic school is located. 
7.  “School of origin,” for purposes of determining the residence of a student experiencing homelessness, is the school that the student attended when permanently housed or the school in which the student was last enrolled. 
8.  “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. 
9. “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.        TRANSPORTATION ELIGIBILITY

1. Eligibility requirements in Minnesota Statute 123B.88 require all school districts to transport students who live 2 miles or more from their home school and reside inside a defined attendance area as long as their ridership privileges have not been revoked for misconduct on the bus. The statute also allows the Anoka-Hennepin School Board local authority to reduce the distance eligibility threshold and establish criteria to define local extraordinary traffic hazards. These two items, distance and extraordinary traffic hazards are the two primary criteria used to establish transported areas. Anoka-Hennepin has committed to transporting students who live one-mile or more from their attendance area school.
2. 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.
   1. Anoka-Hennepin School District will transport students within the parameters defined below:
      1. Pre-kindergarten and elementary school students (pre-k through grade five) who reside more than one mile from their attendance area school.
      2.  Middle school students (grades six through eight) who reside more than one mile from their attendance area school.
      3. High school students (grades nine through 12) who reside more than one mile from their attendance area school.
   2. A student’s distance from school, as referred to in this policy, is defined as the shortest distance from the student’s residence (where the front of the property meets the street), by reasonably safe walkway, street or highway that is accessible to the public, to the assigned entrance point(s) of the student’s attendance area school. If any portion of where the front of the residential property meets the street is outside this distance, the student will be provided busing to and from school.
   3. Distance measurements are electronically calculated with the assistance of our bus routing software that incorporates detailed mapping capabilities. The district’s routing software is linked to AH Connect, and parents/guardians can register and receive a password that will enable them to access bus route information for their student(s).
   4. Extraordinary traffic hazards are determined by the district’s Transportation Department and reviewed by the Transportation Safety Committee as needed. The streets and roadways that have been determined to be hazardous can be requested by contacting the Transportation Department.
3. Criteria for Extraordinary Traffic Hazard Transportation Busing
   1. All students who live within the designated eligibility distance of the school to which they are assigned and face no traffic hazards on their walk route to school, are designated as non-transported (i.e. walkers) and not eligible for bus service.
   2. All students who reside between the designated eligibility distance and 2 miles from the school to which they are assigned, are eligible for bus service.
   3. All students, who live within the designated eligibility distance of the school they are assigned and face extraordinary traffic hazards on their walk route to school, are eligible for bus service.
   4. When determining extraordinary traffic hazard areas, the following factors will be considered:
      1. Roadway factors
         1. Volume of traffic and traffic patterns on the roadway at the time of day students will be present
         2. Posted speed limits
         3. School zones
         4. Number of lanes with or without the aid of a semaphore (i.e. stop lights/signs, crosswalks, etc.)
         5. Input of safety information from the state, county, or city as deemed necessary by the Transportation Department
      2. Visibility
         1. Sight lines due to road design (hills, curves, etc.)
         2. Vision lines for potential crossing areas or students walking along the roadway
      3. Type of walkway(s)
         1. Sidewalks
         2. Paths
         3. Crosswalks
         4. Maintenance of walkway in winter
         5. Adult crossing guards
         6. Student crossing guards
      4. Traffic controls
         1. Semaphores
         2. Stop Signs
      5. Other factors
         1. Railroad crossings
         2. Temporary conditions (e.g. construction)
         3. Age of the students
         4. Realistic walking path(s)
   5. If it is determined that the walking area is hazardous by the criteria outlined, the solution may be to add busing or provide an adult crossing guard at the hazardous location. The decision to use the guard or implement bus service will be made based on the degree of hazard and the most practical and safest resolution to the problem.
4. At 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.
5. 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.         NON-TRANSPORTED BOUNDARIES AND SCHOOL BELL TIMES 

1. The Transportation Department will frequently analyze each non-transported boundary for changes in extraordinary traffic situations.  As changes are necessary, it will first be determined if an adult-crossing guard will be sufficient to provide protection to walking students or if a school bus should be provided and the boundary adjusted.
2. When changes to a non-transported boundary are necessary, typically determined between February and June, the following is a guideline on communications:
   1. The Transportation Department will notify the District Transportation Safety Committee and Cabinet members regarding the proposed changes to each affected school’s boundary.
   2. Once approved by district administration, communications will be prepared for principals, staff, and parents notifying them of the change.
   3. Any feedback received about the proposed changes will be brought to the District Transportation Safety Committee who will review and prepare a final recommendation that will be presented to the school board.
   4. The board will approve, modify, or reject the newly proposed boundaries.
3. Bell times at all schools that receive transportation services are established by district administration, the Transportation Department, and building administration.  Start and end times are staggered through the morning and afternoons to allow for the safest and most efficient use of school buses.
4. When changes to school bell times are necessary, the following is a guideline on communications:
   1. The Transportation Department will notify the District Transportation Safety Committee and Cabinet members regarding the proposed changes to each affected school’s bell time.
   2. Once approved by district and building administration, communications will be prepared for principals, staff, and parents notifying them of the change.

V.         TRANSPORTATION OF NONRESIDENT STUDENTS

1. 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.
2. 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. 
3. 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. 
4. 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 NON DISTRICT SCHOOLS

1. 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.  (Minn. Stat. § 124D.03, Subd. 8)
2. 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. 
3. 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

1. 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 a disability not yet enrolled in kindergarten for the provision of special instruction and services.  Special instruction and services for a child with a disability 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. 
2. Resident students with a disability whose disabling conditions are such that the student cannot be safely transported on the regular school bus and/or school bus route and/or when the student is 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. 
   1. Special transportation involves curb-to-curb service and one or more of the following services: 
      1. Hand to hand supervision of the student
      2. Eye to eye contact with parent/guardian
      3. Specialized equipment on the bus
      4. Specialized equipment for securement in the seat or wheelchair
      5. Adult supervision on the bus
   2. Special transportation is provided for students who require it because of their disability or because of the location of their program. A student with a disability who does not require any of the above services will ride the school bus in their attendance area or walk to school.
   3. Special transportation services for Early Childhood Special Education students require hand-to-hand supervision of the student. Early childhood students must be brought to and met at the door of the bus by a responsible person at the pickup and drop off times. This is a safety issue; no exceptions will be allowed.
   4. For the safety and protection of your student, parents/guardians will not be allowed to meet the bus along the bus route. Drivers will not be allowed to transfer your student to you in a parking lot or any area other than school parking lot or home drop off address.
3. Resident students with a disability who are boarded and lodged at the Minnesota State Academies for the Deaf and the Blind 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. 
4. 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. 
5. 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 daycare 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. 
6. 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. 
7. 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. 
8. 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.     TRANSPORTATION OF STUDENTS EXPERIENCING HOMELESSNESS

1. Homeless and highly mobile students shall be provided with transportation services comparable to other students in the school district. 
2. Upon request by the student’s parent, guardian, or homeless education liaison, the school district shall provide transportation for a homeless or highly mobile 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.        TRANSPORTATION OF STUDENTS PLACED IN CARE AND TREATMENT PROGRAMS

1. Purpose.
   Consistent with the authority granted by Minnesota law, the purpose of this policy is to establish reasonable restrictions on the transportation of students who are temporarily placed for care and treatment in a day program and who continue to live within the boundaries of Anoka-Hennepin Independent School District No. 11 (“District”) during the care and treatment. In adopting this policy, the School Board has given consideration to various social, political, economic, and educational factors.
2. Application.
   This policy applies to regular education and special education students who:
   1. Are legal residents of the District
   2. Are temporarily placed for care and treatment in a day program by a person or entity other than the District, a Minnesota court, or a Minnesota government agency
   3. Continue to live in the District during the care and treatment
3. Definitions.
   1. 1.     “Care and Treatment”: Students who are placed in any of the following facilities are considered to be placed in “care and treatment”. Such facilities must be licensed by the Minnesota Department of Human Services or the Minnesota Department of Corrections.
      1. Chemical dependency and other substance abuse treatment centers
      2. Shelter care facilities
      3. Hospitals
      4. Day treatment centers
      5. Correctional facilities
      6. Residential treatment centers
      7. Mental health program facilities
   2. “Sufficient to Meet the Needs of the Student”: This phrase means that the care and treatment facility provides treatment or services that are consistent with the established professional standard of care applicable to the individual needs of the student. In the event a student, parent, or legal guardian contends that a facility is not sufficient to meet the needs of the student, the student, parent, or legal guardian must provide a signed statement from a qualified physician explaining why the facility is not sufficient to meet the needs of the student.
   3. “Temporarily Placed for Care and Treatment”: A student is “temporarily” placed for care and treatment if the placement is for less than sixty-five (65) consecutive school days or three (3) months, whichever is longer, in either a school year or a calendar year.
4. Reasonable Transportation Restrictions.
   1. Closer Facility:  The District may refuse to transport a student to a care and treatment facility if another care and treatment facility is at least ten miles closer to the student’s home and is sufficient to meet the needs of the student. The following exception applies: The District will provide transportation to the next closest facility that is covered by the student’s insurer and has an opening if:
      1. The student’s parent or legal guardian submits written documentation to the District showing that the insurer has formally denied coverage for a requested placement at the closest facility or
      2. The student’s parent or legal guardian submits written documentation to the District office showing that the closest facility has denied the requested placement.
   2. Ten-Mile Radius:  The District may refuse to transport a student to or from a care and treatment facility that is located more than ten (10) miles outside the District’s geographic boundaries.
   3. Regular Operating Hours:   The District may refuse to transport a student to or from a care and treatment facility outside the District’s regular operating hours. The District is not responsible for and may not provide transportation when its schools are not in session, although transportation may be provided for special education students who receive extended school year services.
   4. Temporary Placement:   The District may refuse to transport a student to or from a care and treatment facility for more than sixty-five (65) school days or three consecutive months, whichever is longer, in either a school year or a calendar year.      

X.         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, at the discretion of the school district, on staff development days. 

XI.        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 district administration.  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. 

XII.      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. 

XIII.     FEES

1. In its discretion, the school district may charge fees for transportation of students to and from extracurricular and co-curricular activities conducted at locations other than school, where attendance is optional. 
2. 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. 
3. 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
4. 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.