2006 Ohio Revised Code - [3314.09.1] 3314.091.Agreement designating community school as responsible for transporting native students.

[§ 3314.09.1] § 3314.091. Agreement designating community school as responsible for transporting native students.
 

(A)  A school district is not required to provide transportation for any native student enrolled in a community school if the district board of education has entered into an agreement with the community school's governing authority that designates the community school as responsible for providing or arranging for the transportation of the district's native students to and from the community school. For any such agreement to be effective, it must be certified by the superintendent of public instruction as having met all of the following requirements: 

(1) It is submitted to the department of education by a deadline which shall be established by the department. 

(2) It specifies qualifications, such as residing a minimum distance from the school, for students to have their transportation provided or arranged. 

(3) The transportation provided by the community school is subject to all provisions of the Revised Code and all rules adopted under the Revised Code pertaining to pupil transportation. 

(4) The sponsor of the community school also has signed the agreement. 

(B) (1)  A community school governing authority that enters into an agreement to provide transportation under this section shall provide or arrange transportation free of any charge for each of its enrolled students eligible for transportation as specified in section 3327.01 of the Revised Code. 

The governing authority may provide or arrange transportation for any other enrolled student who is not eligible for transportation and may charge a fee for such service up to the actual cost of the service. 

(2) Notwithstanding anything to the contrary in division (B)(1) of this section, a community school governing authority shall provide or arrange transportation free of any charge for any disabled student enrolled in the school for whom the student's individualized education program developed under Chapter 3323. of the Revised Code specifies transportation. 

(C) (1)  If a school district board and a community school governing authority elect to enter into an agreement under this section, the department of education annually shall pay the community school the amount specified in division (C)(2) of this section for each of the enrolled students for whom the school's governing authority provides or arranges transportation to and from school. The department shall deduct the payment from the state payment under Chapter 3317. and, if necessary, sections 321.14 and 323.156 [323.15.6] of the Revised Code that is otherwise paid to the school district in which the student enrolled in the community school resides. The department shall include the number of the district's native students for whom payment is made to a community school under this division in the calculation of the district's transportation payment under division (D) of section 3317.022 [3317.02.2] of the Revised Code. 

A community school shall be paid under this division only for students who are eligible as specified in section 3327.01 of the Revised Code or who are disabled and whose individualized education program requires transportation and whose transportation to and from school is actually provided or arranged or for whom a payment in lieu of transportation is made by the community school's governing authority. To qualify for the payments, the community school shall report to the department, in the form and manner required by the department, data on the number of students transported or whose transportation is arranged, the number of miles traveled, cost to transport, and any other information requested by the department. 

A community school shall use payments received under this division solely to pay the costs of providing or arranging for the transportation of students who are eligible as specified in section 3327.01 of the Revised Code or who are disabled and whose individualized education program requires transportation, which may include payments to a parent, guardian, or other person in charge of a child in lieu of transportation. 

(2) The payment to a community school governing authority under this section for eligible students shall be made according to the terms of the agreement entered into under this section. 

(D)  Except when arranged through payment to a parent, guardian, or person in charge of a child, transportation provided or arranged for by a community school pursuant to an agreement under this section is subject to all provisions of the Revised Code, and all rules adopted under the Revised Code, pertaining to the construction, design, equipment, and operation of school buses and other vehicles transporting students to and from school. The drivers and mechanics of the vehicles are subject to all provisions of the Revised Code, and all rules adopted under the Revised Code, pertaining to drivers and mechanics of such vehicles. The community school also shall comply with sections 3313.201 [3313.20.1], 3327.09, and 3327.10 and division (B) of section 3327.16 of the Revised Code as if it were a school district. For purposes of complying with section 3327.10 of the Revised Code, the educational service center that serves the county in which the community school is located shall be the certifying agency, unless the agreement designates the school district as the certifying agency. 
 

HISTORY: 149 v H 94 (Eff 6-6-2001); 149 v H 364. Eff 4-8-2003.