Texas Education Code - Section 42.155. Transportation Allotment
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§ 42.155. TRANSPORTATION ALLOTMENT. (a) Each district or
county operating a transportation system is entitled to allotments
for transportation costs as provided by this section.
(b) As used in this section:
(1) "Regular eligible student" means a student who
resides two or more miles from the student's campus of regular
attendance, measured along the shortest route that may be traveled
on public roads, and who is not classified as a student eligible for
special education services.
(2) "Eligible special education student" means a
student who is eligible for special education services under
Section 29.003 and who would be unable to attend classes without
special transportation services.
(3) "Linear density" means the average number of
regular eligible students transported daily, divided by the
approved daily route miles traveled by the respective
transportation system.
(c) Each district or county operating a regular
transportation system is entitled to an allotment based on the
daily cost per regular eligible student of operating and
maintaining the regular transportation system and the linear
density of that system. In determining the cost, the commissioner
shall give consideration to factors affecting the actual cost of
providing these transportation services in each district or county.
The average actual cost is to be computed by the commissioner and
included for consideration by the legislature in the General
Appropriations Act. The allotment per mile of approved route may
not exceed the amount set by appropriation.
(d) A district or county may apply for and on approval of the
commissioner receive an additional amount of up to 10 percent of its
regular transportation allotment to be used for the transportation
of children living within two miles of the school they attend who
would be subject to hazardous traffic conditions if they walked to
school. Each board of trustees shall provide to the commissioner
the definition of hazardous conditions applicable to that district
and shall identify the specific hazardous areas for which the
allocation is requested. A hazardous condition exists where no
walkway is provided and children must walk along or cross a freeway
or expressway, an underpass, an overpass or a bridge, an
uncontrolled major traffic artery, an industrial or commercial
area, or another comparable condition.
(e) The commissioner may grant an amount set by
appropriation for private or commercial transportation for
eligible students from isolated areas. The need for this type of
transportation grant shall be determined on an individual basis and
the amount granted shall not exceed the actual cost. The grants may
be made only in extreme hardship cases. A grant may not be made if
the students live within two miles of an approved school bus route.
(f) The cost of transporting career and technology
education students from one campus to another inside a district or
from a sending district to another secondary public school for a
career and technology program or an area career and technology
school or to an approved post-secondary institution under a
contract for instruction approved by the agency shall be reimbursed
based on the number of actual miles traveled times the district's
official extracurricular travel per mile rate as set by the board of
trustees and approved by the agency.
(g) A school district or county that provides special
transportation services for eligible special education students is
entitled to a state allocation paid on a previous year's
cost-per-mile basis. The maximum rate per mile allowable shall be
set by appropriation based on data gathered from the first year of
each preceding biennium. Districts may use a portion of their
support allocation to pay transportation costs, if necessary. The
commissioner may grant an amount set by appropriation for private
transportation to reimburse parents or their agents for
transporting eligible special education students. The mileage
allowed shall be computed along the shortest public road from the
student's home to school and back, morning and afternoon. The need
for this type transportation shall be determined on an individual
basis and shall be approved only in extreme hardship cases.
(h) Funds allotted under this section must be used in
providing transportation services.
(i) In the case of a district belonging to a county
transportation system, the district's transportation allotment for
purposes of determining a district's foundation school program
allocations is determined on the basis of the number of approved
daily route miles in the district multiplied by the allotment per
mile to which the county transportation system is entitled.
(j) The Texas School for the Deaf is entitled to an
allotment under this section. The commissioner shall determine the
appropriate allotment.
(k) Notwithstanding any other provision of this section,
the commissioner may not reduce the allotment to which a district or
county is entitled under this section because the district or
county provides transportation for an eligible student to and from
a child-care facility, as defined by Section 42. 002, Human
Resources Code, or a grandparent's residence instead of the
student's residence, as authorized by Section 34.007, if the
transportation is provided within the approved routes of the
district or county for the school the student attends.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1071, § 17, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 169, § 4, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 201, § 32, eff. Sept. 1, 2003.
Section: 42.104 42.105 42.106 42.151 42.152 42.153 42.154 42.155 42.156 42.157 42.158 42.251 42.2511 42.2512 42.2513
Last modified: August 10, 2007
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