Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 23 - SCHOOL FINANCE › Section 581-023-0040 - Approved Transportation Costs for Payments from the State School Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions for
			 the purpose of this rule:
(a) "Elementary
			 School Student" means, notwithstanding any other OAR or statute, pupils
			 attending a school offering only an elementary curriculum, any combination of
			 grades K through 8;
(b) "Secondary
			 School Student" means, notwithstanding any other OAR or statute, pupils
			 attending a school offering any secondary curriculum for grades 9, 10, 11, or
			 12. Additionally, all students attending a school designated by the local
			 school board through board action as a junior high school or middle school may
			 be considered secondary students;
(c) "Local School Board" means,
			 notwithstanding any other OAR or statute, the local school board for the
			 district in which the student's legal residence is physically located. Local
			 school boards are not required to provide transportation for students who have
			 requested and received approval to attend a school other than that designated
			 by the local school board for students living in their specified attendance
			 area;
(d) "Manufacturer's Rated
			 Capacity" means the number of students to be used in the calculations specified
			 in paragraph (5)(n)(B) of this rule and described below:
(A) Buses transporting only elementary
			 students will have a passenger capacity as stated on the manufacturer's
			 identification plate;
(B) Buses
			 transporting only high school students, grades 9 through 12 will have a
			 passenger capacity based on two students for each 39 inch bus seat;
(C) Buses transporting mixed groups from
			 grades K-12 (in any combination) or groups of only junior high or middle school
			 students will have a passenger capacity based on 2.5 students for each 39-inch
			 bus seat.
"EXAMPLE: A bus with a manufacturer's passenger capacity stated
				on the identification plate of 72 would have the following ratings: elementary
				- 72, high school only - 48, mixed groups - 60, middle school and junior high
				school - 60."
(e) "Mile(s) from School" means the distance
			 a student lives from school, measured from the closest, reasonable, and prudent
			 point between the school property identified by the local board for that
			 pupil's attendance and the property where the pupil lives. The distance will be
			 measured over the shortest practicable route on maintained public roadways or
			 over existing pedestrian facilities or pedestrian facilities capable of meeting
			 the requirements listed in ORS
			 332.405(4);
(f) "Patron" means any individual,
			 organization, or entity that is able to use student transportation services
			 except for charter schools (as defined in ORS 338) or a public agency
			 (described in ORS 339.133(4), ORS
			 327.527, ORS
			 327.540 or ORS
			 327.390) if the school or agency
			 reimburses school districts up to one hundred percent (100%) of incurred
			 transportation costs pursuant to ORS
			 338.145,
			 339.133(4), ORS
			 327.527, ORS
			 327.540 or
			 327.390.
(g) "Supplemental Plan" means a plan adopted
			 by local school board resolution identifying groups or categories of students
			 who live within the 1 and 1.5 mile limitations and require transportation based
			 on health or safety reasons, including special education. Supplemental plan
			 approvals may be ordered by the State Board of Education or its designated
			 representatives. The State Board shall have the right of final review of any
			 actions regarding supplemental plans. Appeals will be directed to the State
			 Board for final consideration. The Plan must include the following:
(A) The approximate number of students to be
			 transported based on the plan;
(B)
			 The health or safety reasons cited for providing transportation;
(C) The local board resolution specifying the
			 supplemental plan as submitted; and
(D) Any additional information or
			 documentation supporting the supplemental plan deemed appropriate
			 locally.
(h)
			 "Alternative Transportation," and "Active Transportation costs" have the
			 definitions given in ORS
			 327.033.
(i) "Suitable and sufficient" means
			 transportation that is appropriate for a particular student or group of
			 students based on:
(A) The age of the
			 student;
(B) The physical or mental
			 capabilities of the student;
(C)
			 The distance the student is to be transported; and
(D) The safety of the student to be
			 transported.