3327.02.
Resolution declaring impracticality of transportation - offer of payment in lieu of transportation
(A) |
After considering each of the following factors,
the board of education of a city, exempted village, or local school
district, or a community school governing authority
providing transportation pursuant to section
3314.091 of the Revised
Code, may determine that it is impractical to transport a pupil who is
eligible for transportation to and from a school under section
3327.01 of the Revised Code:
(1) |
The time and distance required to provide the transportation; |
(2) |
The number of pupils to be transported; |
(3) |
The cost of providing transportation in terms of equipment, maintenance,
personnel, and administration; |
(4) |
Whether similar or equivalent service is provided to other pupils eligible for
transportation; |
(5) |
Whether
and to what extent the additional service unavoidably disrupts current
transportation schedules; |
(6) |
Whether other reimbursable types of transportation are
available. |
|
(B) |
Based on
its consideration of the factors established in division (A) of this section,
the board or governing authority may pass a
resolution declaring the impracticality of transportation. The resolution shall
include each pupil's name and the reason for impracticality.
The board or
governing authority shall report its determination to the state board of
education in a manner determined by the state board.
|
(C) |
After passing the resolution declaring the
impracticality of transportation, the district board or
governing authority shall offer to provide payment in lieu of
transportation by doing the following:
(1) |
In accordance with guidelines established by the department of education,
informing the pupil's parent, guardian, or other person in charge of the pupil
of both of the following:
(b) |
The right of the pupil's parent, guardian, or other person in charge of the
pupil to accept the offer of payment in lieu of transportation or to reject the
offer and instead request the department to initiate mediation
procedures. |
|
(2) |
Issuing the pupil's parent, guardian, or other person in charge of the pupil a
contract or other form on which the parent, guardian, or other person in charge
of the pupil is given the option to accept or reject the board's offer of
payment in lieu of transportation. |
|
(D) |
If the parent, guardian, or other person in charge
of the pupil accepts the offer of payment in lieu of providing transportation,
the board or governing authority shall pay the
parent, guardian, or other person in charge of the pupil an amount that shall
be not less than the amount determined by the general assembly as the minimum
for payment in lieu of transportation, and not more than the amount determined
by the department of education as the average cost of pupil transportation for
the previous school year. Payment may be prorated if the time period involved
is only a part of the school year. |
(E) |
(1) |
(a) |
Upon the request of a parent, guardian, or other
person in charge of the pupil who rejected the payment in lieu of
transportation, the department shall conduct mediation procedures. |
(b) |
If the mediation does not resolve the dispute, the
state board of education shall conduct a hearing in accordance with Chapter
119. of the Revised Code. The state board may approve the payment in lieu of
transportation or may order the district board of
education or governing authority to provide
transportation. The decision of the state board is binding in subsequent years
and on future parties in interest provided the facts of the determination
remain comparable. |
|
(2) |
The school district or
governing authority shall provide transportation for the pupil from the
time the parent, guardian, or other person in charge of the pupil requests
mediation until the matter is resolved under division (E)(1)(a) or (b) of this
section. |
|
(F) |
(1) |
If the
department determines that a school district board or
governing authority has failed or is failing to provide transportation as
required by division (E)(2) of this section or as ordered by the state board
under division (E)(1)(b) of this section, the department shall order the school
district board or governing authority to pay to
the pupil's parent, guardian, or other person in charge of the pupil, an amount
equal to the state average daily cost of transportation as determined by the
state board of education for the previous year. The school district board
or governing authority shall make payments on a
schedule ordered by the department. |
(2) |
If the department subsequently finds that a school
district board is not in compliance with an order issued under division (F)(1)
of this section and the affected pupils are enrolled in a nonpublic or
community school, the department shall deduct the amount that the board is
required to pay under that order from any pupil transportation payments the
department makes to the school district board under section
3317.0212 of the Revised Code or
other provisions of law. The department shall use the moneys so deducted to
make payments to the nonpublic or community school attended by the pupil. The
department shall continue to make the deductions and payments required under
this division until the school district board either complies with the
department's order issued under division (F)(1) of this section or begins
providing transportation. |
|
(G) |
A nonpublic or community school that receives
payments from the department under division (F)(2) of this section shall do
either of the following:
(1) |
Disburse
the entire amount of the payments to the parent, guardian, or other person in
charge of the pupil affected by the failure of the school district of residence
to provide transportation; |
(2) |
Use the entire amount of the payments to provide acceptable transportation for
the affected pupil. |
|
Cite as (Casemaker) R.C. § 3327.02
History. Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
7/1/2014.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Effective Date: 04-08-2003
.