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COVID-19 precautions have placed a heavy burden on logistics planners across the state, especially for transportation. While many things have changed, certain matters remain governed by statutory law.
Walk zone boundaries are defined in ORS 327 and identify which students must be provided transportation:
ORS 327.043 When district required to provide transportation; waiver. (1) A school district is required to provide transportation for elementary students who reside more than one mile from school and for secondary school students who reside more than 1.5 miles from school. A district is also required to provide transportation for any student identified in a supplemental plan approved by the State Board of Education.
(2) Notwithstanding subsection (1) of this section, the State Board of Education may waive the requirement to provide transportation for secondary school students who reside more than 1.5 miles from school. A district must present to the board a plan providing or identifying suitable and sufficient alternate modes of transporting secondary school students. [1991 c.780 §7]
These costs for home-to-school transportation are defined in the same statute as reimbursable:
OAR 327.006 Definitions for State School Fund distributions. As used in ORS 327.006 to 327.133, 327.348 and 327.731:
(2)(a) “Approved transportation costs” means those costs as defined by rule of the State Board of Education and is limited to those costs attributable to transporting or room and board provided in lieu of transporting:
(A) Elementary school students who live at least one mile from school;
(B) Secondary school students who live at least 1.5 miles from school;
(C) Any student required to be transported for health or safety reasons, according to supplemental plans from districts that have been approved by the state board identifying students who are required to be transported for health or safety reasons, including special education;
(D) Preschool children with disabilities requiring transportation for early intervention services provided pursuant to ORS 343.224 and 343.533;
(E) Students who require payment of room and board in lieu of transportation;
(F) A student transported from one school or facility to another school or facility when the student attends both schools or facilities during the day or week; and
(G) Students participating in school-sponsored field trips that are extensions of classroom learning experiences.
Parental reimbursement for driving one’s own child or children is one acceptable cost included in OAR 581-023-0040 (Approved Transportation Costs for Payments from the State School Fund), and may be a method of arranging transportation if other options are not viable for timely service. It is recommended that your district develop clear policies that guide parental reimbursement and make clear how it will be conducted.
While school bus transportation is the safest method of pupil transportation, Type 10 vehicles (such as vans or sedans, defined in OAR 581-053-0003 Definitions) that are registered and inspected according to ODE requirements may be operated by ODE-approved drivers. This additional option may help your district in providing this mandated service to your community.
Please contact Brock Dittus with any questions.
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