Butte School District

Noninstructional Operations

8107

Transportation of Students

Transportation facilities and equipment owned by the District are for the transportation of eligible transportees who attend a school in the District and for other activities related to the total education program. An eligible transportee is a public school pupil who: (a) is five (5) years of age or older and has not reached the age of twenty-one (21) on or before September 10 of the current school year or is a preschool child with a disability, between the ages of three (3) and six (6); (b) is a resident of the state of Montana; (c) regardless of District and county boundaries, resides at least three (3) miles from the nearest operating applicable elementary or public high school; (d) has transportation identified as a related service in an individualized education program as developed and implemented in accordance with the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.; or (e) is considered to reside with a parent or guardian who maintains legal residence within the boundaries of the District, furnishing the transportation regardless of where the eligible transportee actually lives when attending school.

The trustees may furnish transportation to an eligible transportee attending a school in the District. Transportation provided by the District may be:

By a school bus, or

By such individual transportation as:

Paying the parent or guardian for individually transporting the pupil;

Providing supervised correspondence study; or

Providing supervised home study. Paying board and room reimbursements;

When the parent or guardian of an elementary pupil consents to a trip of over 1 hour, the trustees may require such eligible transportee to ride a school bus for more than 1 hour per trip.

Tendering a contract to the parent or guardian, whereby the District would pay the parent or guardian for individually transporting the pupil or pupils, will fulfill the District obligation to furnish transportation for an eligible transportee.

Transportation may be provided by the trustees to ineligible transportees – namely, kindergarten, special education, and accelerated learning program pupils: (a) to relieve congestion in a school building; or (b) for any other reason the District deems necessary for economy or convenience.

School buses are not to be used for purposes other than those directly related to the total education program of the District, which include scholastic, field trip, athletic, and extracurricular activities.

Legal Reference:
§ 20-7-441, MCA Special education child eligibility for transportation
§ 20-10-101, MCA Definitions
§ 20-10-104, MCA Penalty for violating law or rules
§ 20-10-105, MCA Determination of residence
§ 20-10-106, MCA Determination of mileage distances
§ 20-10-107, MCA Power of trustees
§ 20-10-121, MCA Duty of trustees to provide transportation – types of transportation –  bus riding time limitation
§ 20-10-122, MCA Discretionary provision of transportation and payment for this transportation
§ 20-10-123, MCA Provision of transportation for nonpublic school children
§ 20-10-132, MCA Duties of county transportation committee
§ 20-10-142, MCA Schedule of maximum reimbursement for individual transportation
10.7.101, et seq., ARM Pupil Transportation
10.64.101 - 700, et seq., ARM Transportation
No Child Left Behind Act of 2001 (P.L. 107-110)

Policy History:
Adopted on: 10/18/04
Revised on: