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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;

　　and

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

　　another district, of resident pupils of a district without a

　　secondary school.

　　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 transportation to and from

　　school during the regular school year for 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 pupils residing less than one mile from

　　school 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;

　　(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.

　　(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.07, 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. 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. Each district must report

　　data to the department as required by the department to account

　　for transportation expenditures.

　　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 years 2000, 2001, and 2002 in section 126C.10,

　　subdivision 2, the commissioner shall use the amount of the

　　formula allowance for the current year plus $87 in determining

　　the nonpublic pupil transportation revenue in paragraphs (b) and

　　(c) for fiscal year 2000, and the amount of the formula

　　allowance less $110 in determining the nonpublic pupil

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

　　years 2001 and 2002.

　　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