Current through Register Vol. 50, No. 9, September 20, 2024
A. Each operator of
a BESE authorized charter school shall offer free daily transportation to and
from school to any student meeting both of the following conditions:
1. the student resides more than one mile
from the school where the student is enrolled;
2. the student resides within the parish or
local school district in which the school is physically located.
B. Free daily transportation shall
include, at a minimum:
1. whatever
transportation is necessary to implement any individualized education plan
(IEP) for a child with an identified exceptionality;
2. transportation by a vehicle approved for
student transportation in accordance with BESE Bulletin 119-Louisiana
School Transportation Specifications and Procedures or public
transportation payments and/or reimbursements;
3. bus stops or pick-up points no further
than one mile from the place of residency of each child residing within the
parish, unless the school is located in a large rural parish, in which case the
state superintendent may grant a waiver for this requirement; and
4. procedures to ensure compliance with
R.S.
14:93.2.1 for children under the age of
10.
C. Charter operators
shall submit school transportation plans to the department to ensure compliance
with applicable laws and policies. The state superintendent shall set forth the
process for transportation plan submission.
D. Charter operators having BESE authorized
charter schools in operation during the 2015-2016 school year shall offer
transportation to all eligible students no later than the beginning of the
2018-2019 school year. Charter operators having BESE authorized charter schools
that begin operation in the 2016-2017 school year shall offer transportation
upon opening.
E. The department
shall develop a waiver process to exempt from this requirement any type 2
charter schools having a unique mission to serve students with
exceptionalities, virtual schools, or other schools upon which this requirement
would create a substantial financial burden. Such process shall be set forth
the state superintendent, who shall update the board on any waivers
granted.
F. No later than the
beginning of the 2016-2017 school year, each type 5 charter school located in
Orleans Parish shall provide free transportation services for all students
enrolled in the charter school who reside within Orleans Parish and more than 1
mile from the charter schools location, which shall include, at a minimum:
1. whatever transportation is necessary to
implement any individualized education plan (IEP) for a child with an
identified exceptionality, without regard to how far the child resides from the
charter school;
2. free
transportation by a vehicle approved for student transportation in accordance
with BESE Bulletin 119-Louisiana School Transportation Specifications
and Procedures, for students enrolled in grade 6 or below who reside
more than 1 mile from the charter school; and
3. free transportation, free public
transportation payments and/or reimbursements for all other students not
included in Paragraphs 1 and 2 of this Subsection who reside more than 1 mile
from the school.
G. Each
charter school operator shall adopt policies and procedures or shall make
provision in its bus transportation service agreement to do all of the
following:
1. prohibit a school bus operator
from loading or unloading students at school while the bus is in a traffic lane
of any type of street as defined in
R.S. 32:1
and require that students be loaded or unloaded on a shoulder, in a school
parking lot, or at other appropriate off-road location at the school as
determined by the school governing authority. The requirements of this
Paragraph shall not apply if the shoulder of a municipal road is the only
available alternative and the municipality has not made the shoulder available
by designating that area for loading and unloading students during designated
school zone hours;
2. prohibit a
school bus operator from loading or unloading students at or near their homes
while the bus is in a traffic lane of any type of street as defined in
R.S. 32:1
and require that students be loaded or unloaded on a shoulder unless the
governing authority determines that loading or unloading on a shoulder is less
safe for the student. However, if there is no shoulder or if the shoulder is
determined to be less safe, a school bus operator may load and unload a student
while the bus is in a lane of traffic but only if the bus is in the lane
farthest to the right side of the road so that there is not a lane of traffic
between the bus and the right-side curb or other edge of the road;
3. prohibit a school bus operator from
loading or unloading a student in a location on a divided highway such that a
student, in order to walk between the bus and his home or school, would be
required to cross a roadway of the highway on which traffic is not controlled
by the visual signals on the school bus.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:6(A)(10),
R.S.
17:158,
R.S.
17:3981, and
17:3996(B)(37).
