2006 Nebraska Revised Statutes - § 79-611 — Students; transportation; transportation allowance; when authorized; limitations; board; authorize service.

Section 79-611
Students; transportation; transportation allowance; when authorized; limitations; board; authorize service.
Section 79-611

(1) The school board of any school district that is not subject to subsection (2) of this section shall either provide free transportation or pay an allowance for transportation in lieu of free transportation as follows:

(a) When a student in grades kindergarten through eight attends an elementary school in his or her own district and lives more than four miles from the public schoolhouse in such district; and

(b) When a student in grades kindergarten through eight is required to attend an elementary school outside of his or her own district and lives more than four miles from such elementary school.

(2) The school board of any school district that is a member of a learning community subject to the enrollment provisions of section 79-2110 shall provide free transportation for a student if (a) the student is a resident of any school district that is a member of such learning community, (b) the student is attending a school in the school district under the control of such school board, and (c) the student does not reside in the attendance area for such school. Transportation shall be provided from the school building providing education in at least kindergarten through grade three in the attendance area in which the student resides to the school building the student attends. This subsection does not prohibit a school district from providing additional transportation to any student.

(3) The transportation allowance which may be paid to the parent, custodial parent, or guardian of students qualifying for free transportation pursuant to subsection (1) or (2) of this section shall equal two hundred eighty-five percent of the mileage rate provided in section 81-1176, multiplied by each mile actually and necessarily traveled, on each day of attendance, beyond which the one-way distance from the residence of the student to the schoolhouse exceeds three miles.

(4) Whenever students from more than one family travel to school in the same vehicle, the transportation allowance prescribed in subsection (3) of this section shall be payable as follows:

(a) To the parent, custodial parent, or guardian providing transportation for students from other families, one hundred percent of the amount prescribed in subsection (3) of this section for the transportation of students of such parent's, custodial parent's, or guardian's own family and an additional five percent for students of each other family not to exceed a maximum of one hundred twenty-five percent of the amount determined pursuant to subsection (3) of this section; and

(b) To the parent, custodial parent, or guardian not providing transportation for students of other families, two hundred eighty-five percent of the mileage rate provided in section 81-1176 multiplied by each mile actually and necessarily traveled, on each day of attendance, from the residence of the student to the pick-up point at which students transfer to the vehicle of a parent, custodial parent, or guardian described in subdivision (a) of this subsection.

(5) The board may authorize school-provided transportation to any student who does not qualify under the mileage requirements of subsection (1) of this section and may charge a fee to the parent or guardian of the student for such service. No transportation payments shall be made to a family for mileage not actually traveled by such family. The number of days the student has attended school shall be reported monthly by the teacher to the board of such public school district.

(6) No more than one allowance shall be made to a family irrespective of the number of students in a family being transported to school. If a family resides in a Class I district which is part of a Class VI district and has students enrolled in any of the grades offered by the Class I district and in any of the non-high-school grades offered by the Class VI district, such family shall receive not more than one allowance for the distance actually traveled when both districts are on the same direct travel route with one district being located a greater distance from the residence than the other. In such cases, the travel allowance shall be prorated among the school districts involved.

(7) No student shall be exempt from school attendance on account of distance from the public schoolhouse.

Cross References:

For definitions relating to affiliation of school districts, see

section 79-4,101.Public Elementary and Secondary Student Fee Authorization Act, see

section 79-2,125.

Source:

Laws 1927, c. 84, § 1, p. 251

Laws 1929, c. 92, § 1, p. 348

C.S.1929, § 79-1902

Laws 1931, c. 149, § 1, p. 405

Laws 1941, c. 163, § 1, p. 650

C.S.Supp.,1941, § 79-1902

R.S.1943, § 79-1907

Laws 1949, c. 256, § 128, p. 735

Laws 1951, c. 276, § 6, p. 930

Laws 1955, c. 315, § 9, p. 979

Laws 1963, c. 483, § 1, p. 1553

Laws 1969, c. 717, § 1, p. 2743

Laws 1969, c. 718, § 1, p. 2744

Laws 1969, c. 719, § 1, p. 2746

Laws 1976, LB 852, § 1

Laws 1977, LB 117, § 1

Laws 1977, LB 33, § 10

Laws 1979, LB 425, § 1

Laws 1980, LB 867, § 2

Laws 1981, LB 204, § 156

Laws 1981, LB 316, § 3

Laws 1986, LB 419, § 1

Laws 1987, LB 200, § 1

Laws 1990, LB 259, § 22

Laws 1990, LB 1059, § 38

Laws 1993, LB 348, § 21

Laws 1994, LB 1311, § 1

R.S.1943, (1994), § 79-490

Laws 1996, LB 900, § 372

Laws 1997, LB 710, § 4

Laws 1997, LB 806, § 28

Laws 1999, LB 272, § 84

Laws 2003, LB 394, § 7

Laws 2005, LB 126, § 42

Laws 2006, LB 1024, § 56.

~ Revised Statutes Cumulative Supplement, 2006