2005 Idaho Code - 33-1006 — TRANSPORTATION SUPPORT PROGRAM

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 10
                            FOUNDATION PROGRAM --
                          STATE AID -- APPORTIONMENT
    33-1006.  TRANSPORTATION SUPPORT PROGRAM. (1) The state board of education
shall determine what costs of transporting pupils, including maintenance,
operation and depreciation of basic vehicles, insurance, payments under
contract with other public transportation providers whose vehicles used to
transport pupils comply with federal transit administration regulations, "bus
testing," 49 C.F.R. part 665, and any revision thereto, as provided in
subsection (4)(d) of this section, or other state department of education
approved private transportation providers, salaries of drivers, and any other
costs, shall be allowable in computing the transportation support program of
school districts.
    (2)  Any costs associated with the addition of vehicle features that are
not part of the basic vehicle shall not be allowable in computing the
transportation support program of school districts. A basic vehicle is hereby
defined as the cost of the vehicle without optional features, plus the
addition of essential safety features and features necessary for the
transportation of pupils with disabilities.
    (3)  Each school district shall maintain records and make reports as are
required for the purposes of this section.
    (4)  The transportation support program of a school district shall be
based upon the allowable costs of:
    (a)  Transporting public school pupils one and one-half (1 1/2) miles or
    more to school;
    (b)  Transporting pupils less than one and one-half (1 1/2) miles as
    provided in section 33-1501, Idaho Code, when approved by the state board
    of education;
    (c)  The costs of payments when transportation is not furnished, as
    provided in section 33-1503, Idaho Code;
    (d)  The transportation program for grades six (6) through twelve (12),
    upon the costs of payments pursuant to a contract with other public or
    private transportation providers entered into as provided in section
    33-1510, Idaho Code, if the school district  establishes that the
    reimbursable costs of transportation under the contract are equal to or
    less than the costs for school buses;
    (e)  The costs of providing transportation to and from approved school
    activities as may be approved by rules of the state board of education;
    (f)  The employer's share of contributions to the public employee
    retirement system and to social security.
    (5)  The state's share of the transportation support program shall be
eighty-five percent (85%) of reimbursable transportation costs of the district
incurred during the immediately preceding state fiscal year, provided the
reimbursable costs do not exceed one hundred three percent (103%) of the
statewide average reimbursable cost per mile or the state average reimbursable
cost per student rider, whichever is more advantageous to the school district.
If a school district's costs exceed the one hundred three percent (103%) limit
when computed by the more advantageous of the two (2) methods, that school
district shall be reimbursed at eighty-five percent (85%) of the maximum limit
for whichever method is more favorable to the school district. A school
district may appeal the application of the one hundred three percent (103%)
limit on reimbursable costs to the state board of education, which may
establish for that district a new percentile limit for reimbursable costs
compared to the statewide average, which is higher than one hundred three
percent (103%). In doing so, the state board of education may set a new limit
that is greater than one hundred three percent (103%), but is less than the
percentile limit requested by the school district. Any costs above the new
level established by the state board of education shall not be reimbursed.
Such a change shall only be granted by the state board of education if the
application can be justified based on uniquely difficult geographic
circumstances, or extraordinary one (1) time circumstances outside the
district's foresight and control. An application granted based on
extraordinary one (1) time circumstances shall be effective for one (1) year
only. An application based on uniquely difficult geographic circumstances
shall be reviewed by the state board of education for continued validity at
least every five (5) years.
    (6)  School districts that are unable to absorb the impact of the
limitation on reimbursable expenses, through either efficiencies or the
utilization of fund balances, may apply to the state board of education to
receive a loan of moneys, not to exceed the amount of state funds lost through
the application of the limitation on reimbursable expenses, from the public
education stabilization fund. Any school district receiving such a loan shall
cause its reimbursement of state transportation moneys to be reduced by a like
amount in the subsequent fiscal year, and the moneys so reduced shall be
deposited in the public education stabilization fund.
    (7)  Beginning on July 1, 2005, any eligible home-based public virtual
school may claim transportation reimbursement for the prior fiscal year's cost
of providing educational services to students. In order to be eligible, such a
school shall have at least one (1) average daily attendance divisor, pursuant
to section 33-1002, Idaho Code, that is greater than the median divisor shown
for any category of pupils, among the actual divisors listed. For the purposes
of paragraphs (a), (b) and (c) of this subsection (7), "education provider"
means the home-based public virtual school or an entity that has legally
contracted with the home-based public virtual school to supply education
services. Reimbursable costs shall be limited to the costs of:
    (a)  Providing an internet connection service between the student and the
    education provider, not including the cost of telephone service;
    (b)  Providing electronic and computer equipment used by the student to
    transmit educational material between the student and the education
    provider;
    (c)  Providing a toll-free telephone service for students to communicate
    with the education provider;
    (d)  Providing education-related, face-to-face visits by representatives
    of the home-based public virtual school, with such reimbursements limited
    to the mileage costs set for state employee travel by the state board of
    examiners; and
    (e)  Any actual pupil transportation costs that would be reimbursable if
    claimed by a school district.
The total reimbursement for such home-based public virtual schools shall be
exempt from the statewide average cost per mile limitations of this section.
The state's share of reimbursable costs shall be eighty-five percent (85%),
subject to the statewide cost per student rider provisions of this section.
For the purposes of such home-based public virtual school, the number of
student riders shall be the same as the number of pupils in average daily
attendance.