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　　123B.92 Transportation aid entitlement.

　　Subdivision 1. Definitions. For purposes of this

　　section and section 125A.76, the terms defined in this

　　subdivision have the meanings given to them.

　　(a) "Actual expenditure per pupil transported in the

　　regular and excess transportation categories" means the quotient

　　obtained by dividing:

　　(1) the sum of:

　　(i) all expenditures for transportation in the regular

　　category, as defined in paragraph (b), clause (1), and the

　　excess category, as defined in paragraph (b), clause (2), plus

　　(ii) an amount equal to one year's depreciation on the

　　district's school bus fleet and mobile units computed on a

　　straight line basis at the rate of 15 percent per year for

　　districts operating a program under section 124D.128 for grades

　　1 to 12 for all students in the district and 12-1/2 percent per

　　year for other districts of the cost of the fleet, plus

　　(iii) an amount equal to one year's depreciation on the

　　district's type three school buses, as defined in section

　　169.01, subdivision 6, clause (5), which must be used a majority

　　of the time for pupil transportation purposes, computed on a

　　straight line basis at the rate of 20 percent per year of the

　　cost of the type three school buses by:

　　(2) the number of pupils eligible for transportation in the

　　regular category, as defined in paragraph (b), clause (1), and

　　the excess category, as defined in paragraph (b), clause (2).

　　(b) "Transportation category" means a category of

　　transportation service provided to pupils as follows:

　　(1) Regular transportation is:

　　(i) transportation to and from school during the regular

　　school year for resident elementary pupils residing one mile or

　　more from the public or nonpublic school they attend, and

　　resident secondary pupils residing two miles or more from the

　　public or nonpublic school they attend, excluding desegregation

　　transportation and noon kindergarten transportation; but with

　　respect to transportation of pupils to and from nonpublic

　　schools, only to the extent permitted by sections 123B.84 to

　　123B.87;

　　(ii) transportation of resident pupils to and from language

　　immersion programs;

　　(iii) transportation of a pupil who is a custodial parent

　　and that pupil's child between the pupil's home and the child

　　care provider and between the provider and the school, if the

　　home and provider are within the attendance area of the school;

　　(iv) transportation to and from or board and lodging in

　　another district, of resident pupils of a district without a

　　secondary school; and

　　(v) transportation to and from school during the regular

　　school year required under subdivision 3 for nonresident

　　elementary pupils when the distance from the attendance area

　　border to the public school is one mile or more, and for

　　nonresident secondary pupils when the distance from the

　　attendance area border to the public school is two miles or

　　more, excluding desegregation transportation and noon

　　kindergarten transportation.

　　For the purposes of this paragraph, a district may

　　designate a licensed day care facility, respite care facility,

　　the residence of a relative, or the residence of a person chosen

　　by the pupil's parent or guardian as the home of a pupil for

　　part or all of the day, if requested by the pupil's parent or

　　guardian, and if that facility or residence is within the

　　attendance area of the school the pupil attends.

　　(2) Excess transportation is:

　　(i) transportation to and from school during the regular

　　school year for resident secondary pupils residing at least one

　　mile but less than two miles from the public or nonpublic school

　　they attend, and transportation to and from school for resident

　　pupils residing less than one mile from school who are

　　transported because of extraordinary traffic, drug, or crime

　　hazards; and

　　(ii) transportation to and from school during the regular

　　school year required under subdivision 3 for nonresident

　　secondary pupils when the distance from the attendance area

　　border to the school is at least one mile but less than two

　　miles from the public school they attend, and for nonresident

　　pupils when the distance from the attendance area border to the

　　school is less than one mile from the school and who are

　　transported because of extraordinary traffic, drug, or crime

　　hazards.

　　(3) Desegregation transportation is transportation within

　　and outside of the district during the regular school year of

　　pupils to and from schools located outside their normal

　　attendance areas under a plan for desegregation mandated by the

　　commissioner or under court order.

　　(4) "Transportation services for pupils with disabilities"

　　is:

　　(i) transportation of pupils with disabilities who cannot

　　be transported on a regular school bus between home or a respite

　　care facility and school;

　　(ii) necessary transportation of pupils with disabilities

　　from home or from school to other buildings, including centers

　　such as developmental achievement centers, hospitals, and

　　treatment centers where special instruction or services required

　　by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65

　　are provided, within or outside the district where services are

　　provided;

　　(iii) necessary transportation for resident pupils with

　　disabilities required by sections 125A.12, and 125A.26 to

　　125A.48;

　　(iv) board and lodging for pupils with disabilities in a

　　district maintaining special classes;

　　(v) transportation from one educational facility to another

　　within the district for resident pupils enrolled on a

　　shared-time basis in educational programs, and necessary

　　transportation required by sections 125A.18, and 125A.26 to

　　125A.48, for resident pupils with disabilities who are provided

　　special instruction and services on a shared-time basis or if

　　resident pupils are not transported, the costs of necessary

　　travel between public and private schools or neutral

　　instructional sites by essential personnel employed by the

　　district's program for children with a disability;

　　(vi) transportation for resident pupils with disabilities

　　to and from board and lodging facilities when the pupil is

　　boarded and lodged for educational purposes; and

　　(vii) services described in clauses (i) to (vi), when

　　provided for pupils with disabilities in conjunction with a

　　summer instructional program that relates to the pupil's

　　individual education plan or in conjunction with a learning year

　　program established under section 124D.128.

　　For purposes of computing special education base revenue

　　under section 125A.76, subdivision 2, the cost of providing

　　transportation for children with disabilities includes (A) the

　　additional cost of transporting a homeless student from a

　　temporary nonshelter home in another district to the school of

　　origin, or a formerly homeless student from a permanent home in

　　another district to the school of origin but only through the

　　end of the academic year; and (B) depreciation on district-owned

　　school buses purchased after July 1, 2005, and used primarily

　　for transportation of pupils with disabilities, calculated

　　according to paragraph (a), clauses (ii) and (iii).

　　Depreciation costs included in the disabled transportation

　　category must be excluded in calculating the actual expenditure

　　per pupil transported in the regular and excess transportation

　　categories according to paragraph (a).

　　(5) "Nonpublic nonregular transportation" is:

　　(i) transportation from one educational facility to another

　　within the district for resident pupils enrolled on a

　　shared-time basis in educational programs, excluding

　　transportation for nonpublic pupils with disabilities under

　　clause (4);

　　(ii) transportation within district boundaries between a

　　nonpublic school and a public school or a neutral site for

　　nonpublic school pupils who are provided pupil support services

　　pursuant to section 123B.44; and

　　(iii) late transportation home from school or between

　　schools within a district for nonpublic school pupils involved

　　in after-school activities.

　　(c) "Mobile unit" means a vehicle or trailer designed to

　　provide facilities for educational programs and services,

　　including diagnostic testing, guidance and counseling services,

　　and health services. A mobile unit located off nonpublic school

　　premises is a neutral site as defined in section 123B.41,

　　subdivision 13.

　　Subd. 2. Repealed, 1999 c 241 art 1 s 69

　　Subd. 3. Alternative attendance programs. A district

　　that enrolls nonresident pupils in programs under sections

　　124D.03, 124D.06, 124D.08, 123A.05 to 123A.08, and 124D.68, must

　　provide authorized transportation to the pupil within the

　　attendance area for the school that the pupil attends at the

　　same level of service that is provided to resident pupils within

　　the attendance area. The resident district need not provide or

　　pay for transportation between the pupil's residence and the

　　district's border.

　　Subd. 4. Repealed, 1999 c 241 art 1 s 69

　　Subd. 5. District reports. (a) Each district must

　　report data to the department as required by the department to

　　account for transportation expenditures.

　　(b) Salaries and fringe benefits of district employees

　　whose primary duties are other than transportation, including

　　central office administrators and staff, building administrators

　　and staff, teachers, social workers, school nurses, and

　　instructional aides, must not be included in a district's

　　transportation expenditures, except that a district may include

　　salaries and benefits according to paragraph (c) for (1) an

　　employee designated as the district transportation director, (2)

　　an employee providing direct support to the transportation

　　director, or (3) an employee providing direct transportation

　　services such as a bus driver or bus aide.

　　(c) Salaries and fringe benefits of other district

　　employees who work part time in transportation and part time in

　　other areas must not be included in a district's transportation

　　expenditures unless the district maintains documentation of the

　　employee's time spent on pupil transportation matters in the

　　form and manner prescribed by the department.

　　(d) Pupil transportation expenditures, excluding

　　expenditures for capital outlay, leased buses, student board and

　　lodging, crossing guards, and aides on buses, must be allocated

　　among transportation categories based on cost-per-mile,

　　cost-per-student, cost-per-hour, or cost-per-route, regardless

　　of whether the transportation services are provided on

　　district-owned or contractor-owned school buses. Expenditures

　　for school bus driver salaries and fringe benefits may either be

　　directly charged to the appropriate transportation category or

　　may be allocated among transportation categories based on

　　cost-per-mile, cost-per-student, cost-per-hour, or

　　cost-per-route. Expenditures by private contractors or

　　individuals who provide transportation exclusively in one

　　transportation category must be charged directly to the

　　appropriate transportation category. Transportation services

　　provided by contractor-owned school bus companies incorporated

　　under different names but owned by the same individual or group

　　of individuals must be treated as the same company for cost

　　allocation purposes.

　　Subd. 6. Repealed, 1999 c 241 art 1 s 69

　　Subd. 7. Repealed, 1999 c 241 art 1 s 69

　　Subd. 8. Repealed, 1999 c 241 art 1 s 69

　　Subd. 9. Nonpublic pupil transportation aid. (a) A

　　district's nonpublic pupil transportation aid for the 1996-1997

　　and later school years for transportation services for nonpublic

　　school pupils according to sections 123B.88, 123B.84 to 123B.86,

　　and this section, equals the sum of the amounts computed in

　　paragraphs (b) and (c). This aid does not limit the obligation

　　to transport pupils under sections 123B.84 to 123B.87.

　　(b) For regular and excess transportation according to

　　subdivision 1, paragraph (b), clauses (1) and (2), an amount

　　equal to the product of:

　　(1) the district's actual expenditure per pupil transported

　　in the regular and excess transportation categories during the

　　second preceding school year; times

　　(2) the number of nonpublic school pupils residing in the

　　district who receive regular or excess transportation service or

　　reimbursement for the current school year; times

　　(3) the ratio of the formula allowance pursuant to section

　　126C.10, subdivision 2, for the current school year to the

　　formula allowance pursuant to section 126C.10, subdivision 2,

　　for the second preceding school year.

　　(c) For nonpublic nonregular transportation according to

　　subdivision 1, paragraph (b), clause (5), an amount equal to the

　　product of:

　　(1) the district's actual expenditure for nonpublic

　　nonregular transportation during the second preceding school

　　year; times

　　(2) the ratio of the formula allowance pursuant to section

　　126C.10, subdivision 2, for the current school year to the

　　formula allowance pursuant to section 126C.10, subdivision 2,

　　for the second preceding school year.

　　(d) Notwithstanding the amount of the formula allowance for

　　fiscal year 2004 in section 126C.10, subdivision 2, the

　　commissioner shall use the amount of the formula allowance for

　　the current year minus $415 in determining the nonpublic pupil

　　transportation revenue in paragraphs (b) and (c) for fiscal year

　　2004.

　　Subd. 10. Repealed, 1999 c 241 art 1 s 69

　　HIST: 1979 c 334 art 2 s 8; 1980 c 609 art 2 s 2; 1981 c 356 s

　　167; 1981 c 358 art 2 s 3-13; 1Sp1981 c 2 s 8; 3Sp1981 c 2 art 2

　　s 9; 1982 c 548 art 2 s 3; 1983 c 314 art 2 s 2; 1Sp1985 c 12

　　art 2 s 3-10; 1Sp1986 c 1 art 9 s 7,8; 1987 c 398 art 2 s 2-7;

　　art 7 s 42; 1988 c 486 s 35,36; 1988 c 718 art 2 s 5; art 7 s

　　29; 1989 c 222 s 14-25; 1989 c 329 art 2 s 3,9; 1990 c 562 art 2

　　s 5-7; 1991 c 130 s 37; 1991 c 199 art 2 s 10; 1991 c 265 art 2

　　s 6-14; art 3 s 38; 1991 c 277 s 17; 1992 c 499 art 12 s 29;

　　1993 c 224 art 2 s 5-9; art 7 s 10,11; 1994 c 647 art 2 s 2; art

　　3 s 24; art 12 s 8,9; art 13 s 7; 1Sp1995 c 3 art 2 s 11-24; art

　　4 s 30; art 16 s 13; 1996 c 412 art 2 s 9-12; 1Sp1997 c 4 art 1

　　s 19-24; 1998 c 397 art 7 s 31-34,164; art 11 s 3; 1998 c 398

　　art 5 s 55; art 6 s 23,24; 1999 c 241 art 1 s 1; 1Sp2001 c 5 art

　　2 s 7; 1Sp2001 c 6 art 1 s 55 subd 2; 1Sp2003 c 9 art 1 s 9-11;

　　1Sp2005 c 5 art 1 s 9,10