Section 403 – Eligibility for state-supported transportation — Approved bus routes.

Effective 5/5/2021
53F-2-403. Eligibility for state-supported transportation — Approved bus routes.

• (1) A student eligible for state-supported transportation means:
  • (a) a student enrolled in kindergarten through grade 6 who lives at least 1-1/2 miles from school;
  • (b) a student enrolled in grades 7 through 12 who lives at least two miles from school; and
  • (c) a student enrolled in a special program offered by a school district and approved by the state board for trainable, motor, multiple-disability, or other students with severe disabilities who are incapable of walking to school or where it is unsafe for students to walk because of their disabling condition, without reference to distance from school.

• (2) If a school district implements double sessions as an alternative to new building construction, with the approval of the state board, those affected elementary school students residing less than 1-1/2 miles from school may be transported one way to or from school because of safety factors relating to darkness or other hazardous conditions as determined by the local school board.

• (3)
  • (a) The state board shall distribute transportation money to school districts based on:
    • (i) an allowance per mile for approved bus routes;
    • (ii) an allowance per hour for approved bus routes; and
    • (iii) a minimum allocation for each school district eligible for transportation funding.
  • (b)
    • (i) Except as provided in Subsection (3)(b)(ii), the state board shall distribute appropriated transportation funds based on the prior year’s eligible transportation costs as legally reported under Subsection 53F-2-402(3).
    • (ii) The state board shall distribute state appropriations for transportation for fiscal years 2021 and 2022 using fiscal year 2019 eligible transportation costs described in Subsection 53F-2-402(3).
  • (c) The state board shall annually review the allowance per mile and the allowance per hour and adjust the allowances to reflect current economic conditions.

• (4)
  • (a) Approved bus routes for funding purposes shall be determined on fall data collected by October 1.
  • (b) Approved route funding shall be determined on the basis of the most efficient and economic routes.

• (5) A Transportation Advisory Committee with representation from school district superintendents, business officials, school district transportation supervisors, and state board employees shall serve as a review committee for addressing school transportation needs, including recommended approved bus routes.

• (6) A local school board may provide for the transportation of students regardless of the distance from school, from general funds of the school district.

Amended by Chapter 303, 2021 General Session