Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 27 - TRANSPORTATION OF STUDENTS › Section 8-27-4 - Limitations

Current through June, 2024
(a) This chapter is conditioned upon the
				  amount of funds made available to the department to provide transportation to
				  students.
(b) Transportation shall
				  be limited to transportation of students from the home to school and return.
				  Transportation from home to school and return shall be from a designated school
				  bus stop unless curb-to-curb transportation services, travel to and from school
				  and between schools, travel in and around school buildings, and specialized
				  equipment (such as special or adapted buses, lifts, and ramps), are required to
				  provide special transportation for a student with a disability pursuant to a
				  student's lEP or Section 504.
(c)
				  When transportation other than to and from school and a location other than a
				  student's home is requested, it shall be referred to the department. The
				  department may provide transportation if there are no additional costs
				  involved.
(d) The transportation
				  may be provided to students during the school year, as determined by the
				  department.
(e) Any elementary
				  student capable of walking may be required to walk or provide the student's own
				  transportation to and from school or to and from a bus stop located more than
				  one mile from the nearest public access to the student's residence. Any
				  secondary student capable of walking may be required to walk or provide the
				  student's own transportation to and from school or to and from a bus stop
				  located more than 1.5 miles from the nearest public access to the student's
				  residence.
(f) Elementary students
				  who are required by the department to attend a school out of their public
				  school attendance area shall not be eligible for transportation if their school
				  is less than one mile from their residence and provided that they are capable
				  of walking. Secondary students who are required by the department to attend a
				  school out of their public school attendance area shall not be eligible for
				  transportation if their school is less than 1.5 miles from their residence and
				  provided that they are capable of walking.
(g) Students who attend charter schools,
				  learning centers, or schools outside of their public school attendance area, as
				  determined by the students' legal residence, shall not be eligible for
				  transportation or transportation subsidy. This subsection does not apply to:
(1) Students with disabilities who attend a
				  public school, which includes charter schools, if transportation is required as
				  a related service pursuant to the students lEP or Section 504;
(2) Students with disabilities who are
				  programmatically placed by the IBP team at a public school, which includes
				  charter schools, private school, or facility outside of the student's home
				  school attendance area, as determined by the student's legal residence, if
				  transportation is required as a related service pursuant to the student's lEP
				  or Section 504; and
(3) Students
				  who are homeless and are attending their school of origin based upon a
				  feasibility determination made by a school administrator, or are awaiting the
				  outcome of the department's dispute resolution process for McKinney-Vento
				  eligible students.