Pupil Transportation Issues

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Pupil Transportation Issues

• Merry Larsen
• School Administration Consultant
• Department of Public Instruction

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Parent Contracts for Pupil Transportation
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Overview of Current Law

• School Districts are required to provide
  transportation to resident pupils in grades K-12
  who live 2 miles or more from school (
  121.54(2)a., Wis. Stats.)
• Private school pupils must be eligible (
  121.54(2)(b)1., Wis. Stats.)
• Exception for districts that invoke city option
  ( 121.54(1), Wis. Stats.)
• District may provide transportation by a variety
  of methods ( 121.55, Wis. Stats.)

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Eligibility Criteria Private School Pupils

1. Pupil must live 2 miles or more from private
   school
2. Pupil must live within private schools
   attendance area
3. Private school must be located within resident
   school district or not more than 5 miles beyond
   boundary

121.54(2)(b) 1., Wis. Stats.
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PI 7, Subchapter IIParent Contracts for Pupil
Transportation

• Promulgated October 2003
• First applies to contracts for transportation
  during 2004-05
• Circuit court case Kordecki v Central High
  School District of Westosha

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Purpose of Rule

• Clarify current law
• Ensure consistency in application of law
• Assist school districts in calculating payment
  amounts
• Ensure provision of certain information to
  parents

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Types of Parent Contracts

• Two types of parent contracts
• Public or private school pupils (
  121.55(1)(b), Wis. Stats.)
• Private school pupils only (
  121.55(3), Wis. Stats.)

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Public or Private School 121.55(1)(b)

• Compensation amount negotiated between parent and
  school district
• If parent rejects contract, district must provide
  transportation by other means
• If district and parent cannot agree on amount,
  DPI can determine if both parties request
• No notification requirement
• No eligibility criteria
• School district receives state aid

121.55(1)(b), Wis. Stats.
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Disputes

• DPI will determine amount of compensation if both
  parties request
• DPI decision is final
• Determination on a case-by-case basis, may
  consider
• Estimated cost to provide the transportation
• Ability of parent to provide transportation
• Other information deemed appropriate
• District must provide transportation until
  contract amount is determined

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Private School Pupils 121.55(3)

• May only be used for private school pupils
• School district must meet criteria
• Compensation amount specified by law
• Take it or leave it contract--If parent rejects
  properly offered contract, district not required
  to provide transportation by other means
• If district and parent cannot agree on amount,
  DPI can determine if one or both parties request
• School district receives state aid

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Eligibility Requirements

• Estimated cost to transport the pupil must exceed
  1.5 times school districts average cost per
  pupil for regular (to and from school) bus
  transportation in the prior year
• And
• Parents must be notified of intent to offer
  parent contract at least 30 days prior to start
  of public school term

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Estimated Cost

• District must make good faith estimate
• Cost-effective means of transportation
• Must use one of the methods under
  121.55, Wis. Stats.
• Estimate must be in writing and include date
• District must maintain written estimate according
  to board policy ( 118.125(3))

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Determination of Eligibility

• Estimated cost to transport pupil must be
  compared to school districts average cost per
  pupil for bus transportation in the previous
  school year, exclusive of transportation for
  kindergarten pupils during the noon hour and for
  pupils with disabilities who receive special
  transportation.

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School Districts Average Cost

• District must use worksheet provided in rule to
  calculate average cost
• Worksheet must be maintained by district for 7
  years following the school year in which the
  contract applied

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(No Transcript)
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Private School ContractsCompensation Amount

• Annual payment equal to the greater of
• 5 times the distance (in miles) between pupils
  residence and private school or
• school districts average cost per pupil for
  regular (to and from school) bus transportation
  in the prior year, excluding transportation for
  kindergarten pupils at noon and pupils with
  disabilities
• Payment amount is per pupil, not family
• Payment cannot exceed actual cost

121.55(3), Wis. Stats.
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Notice of Intent to Offer Contract

• At least 30 days prior to start of public school
  term
• In writing
• Cite 121.55(3), Wis. Stats.
• Specify amount of compensation
• Include statement that properly offered contract
  extinguishes school districts obligation to
  transport pupil

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Documentation Provided to Parent

• School district must include the following with
  the notification
• A copy of the estimated cost to transport the
  pupil
• The assumptions used in calculating the estimate
• A copy of the completed worksheet used to
  determine average cost per pupil

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Disputes

• DPI will determine amount of compensation in the
  case of a dispute
• DPI decision is final
• Either party may request DPI determination DPI
  will review
• Estimate of cost to transport pupil and
• Districts average cost per pupil for regular bus
  transportation in prior year.

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Transportation in Areas of Unusual Hazards
121.54(9), Wis. Stats.
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Definition of Unusual Hazard

• An existing condition which constitutes more
  than ordinary hazard and which seriously
  jeopardizes the safety of pupils in their travel
  to and from school. (PI 7.01(2))
• Criteria is determined at local level, not
  prescribed by law

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UHT Plan Development

• Process starts with school board
• Plan should include
• Map indicating UHT areas
• Narrative description of UHT areas
• Narrative description of hazards
• Proposed safeguards for pupils
• Plan must be submitted to Sheriff of county in
  which principal office of school district is
  located

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Sheriffs Role

• Sheriff must
• Review the plan
• Investigate the site and plan
• Make a determination as to whether unusual
  hazards exist
• Report findings in writing to the State
  Superintendent and the school board

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DPIs Role

• Within 60 days, but not less than 30 days from
  receipt of sheriffs report, DPI must
• Determine whether unusual hazards exist
• Determine whether the plan provides proper
  safeguards for pupils
• Pay categorical transportation aid for pupils
  transported less than 2 miles if district has
  approved UHT plan on file

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Appeals

• Two types of appeals
• Appellant may be aggrieved by
• Failure of school board to designate a particular
  area as UHT area (s.
  121.54(9)(am) OR
• Determination by sheriff or some aspect of plan
  (s. 121.54(9)(b))
• Aggrieved person may request a hearing before
  State Superintendent

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Request for Hearing s. 121.54(9)(am)

• Aggrieved person must notify school board in
  writing that UHT area exists
• School board must reply in writing within 30 days
• School board must send copy of reply to sheriff
  and state superintendent
• Aggrieved person may request hearing upon receipt
  of school board reply

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Request for Hearing s. 121.54(9)(b)

• Aggrieved person may request hearing before state
  superintendent
• Request must be made within 30 days of receipt of
  sheriffs report by state superintendent

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Hearing Preparation

• Prior to hearing, DPI
• Reviews school districts UHT plan and
  transportation policies
• Obtains and reviews sheriffs report
• Obtains all related correspondence
• Creates chronology

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UHT Hearing

• DPI staff observe pupils walking to and/or from
  school
• Administrative hearing is held in school district
  building
• Witnesses (appellant, school district
  representative and sheriff) testify under oath
• Testimony is recorded
• DPI issues decision within 30-60 days

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Contact Information

• Merry Larsen, School Administration Consultant-
  Pupil Transportation
• 608-266-2146
• merry.larsen_at_dpi.state.wi.us
• Department of Public Instruction
• P.O. Box 7841
• Madison, WI 53707-7841
• Pupil Transportation web site
• www.dpi.state.wi.us/dpi/dfm/sms/transhpg.html