SSL Certificate
St. Francis Area Schools
A PreK-12 public school district serving the communities of Athens Township, Andover, Bethel, East Bethel, Linwood Township, Nowthen, Oak Grove, St. Francis and Stanford Township

608 Transportation of Nonpublic School Students

[NOTE: The obligations stated in this policy are substantial and are virtually all governed by statute.  Accordingly, you will see statutory references throughout the policy.]
 
[NOTE: The obligations stated in this policy are substantial and are virtually all governed by statute.  Accordingly, you will see statutory references throughout the policy.]
 
I. PURPOSE
 
The purpose of this policy is to address transportation rights of nonpublic school students and to provide equality of treatment in transporting such students pursuant to law.
 
II. GENERAL STATEMENT OF POLICY
 
It is the policy of the school district to recognize the rights of nonpublic school students and to provide equal transportation to those students as required by law.
 
III. ELIGIBILITY
 
A. The school district shall provide equal transportation within the school district for all students to any school when transportation is deemed necessary by the school district because of distance of traffic conditions in like manner and form as provided in Minn. Stat. § 123B.88 and 123B.92 when applicable.  (Minn. Stat. § 123B.86, Subd. 1)
 
B. Upon the request of a parent or guardian, the school district shall provide school bus transportation to the school district boundary for students residing in the school district at least the same distance from a nonpublic school actually attended in another district as public school students are transported in the transporting district. Such transportation shall be provided whether there is or is not another nonpublic school within the transporting district, if the transportation is to schools. maintaining grades or departments not maintained in the district or if the attendance of such students at the nonpublic school can more safely, economically, or conveniently be provided for by such means.  (Minn. Stat. § 123B.86, Subd. 2(a))
 
C. The school district may provide school bus transportation to a a nonpublic school in another district for students residing in the school district and attending that school, whether there is or is  not another nonpublic school within the transporting district, if the transportation is to a school maintaining grades or departments not maintained in the district or if the attendance of such students at the nonpublic school can more safely, economically, or conveniently be provided by such means.  If the school district transports students to a nonpublic school located in another district, the nonpublic school shall pay the cost of such transportation provided outside the district boundaries.  (Minn. Stat. § 123B.86, Subd. 2(b))
 
D. The school district shall provide the necessary transportation within school district boundaries between the nonpublic school and a public school or neutral site for nonpublic school students who are provided pupil support services, if the school district elects to provide pupil support services at a site other than a nonpublic school. (Minn. Stat. § 123B.44, Subd. 1) 
 
E. When transportation is provided, the scheduling of routes, manner and method of transportation, control and discipline of students and any other matter relating thereto shall be with the sole discretion, control and management of the school district.  (Minn. Stat. § 123B.86, Subd. 3)
 
F. Additional transportation to and from a nonpublic school may be provided at the expense of the school district where such services are provided in the discretion of the school district.
 
IV. SPECIAL EDUCATION/DISABLED STUDENTS
 
A. If a resident student with a disability attends a nonpublic school located within the school district, the school district shall provide necessary transportation for the student within the district between the nonpublic school and the educational facility where special instruction and services are provided on a shared time basis.  If a resident student with a disability attends a nonpublic school located in another district and if no agreement exists for the provision of special instruction and services on a shared time basis to that student by the school district of attendance and where the special instruction and services are provided within the school district , the school district shall provide necessary transportation for that student between the school district boundary and the educational facility.  The school district may provide necessary transportation for that student between its boundary and the nonpublic school attended, but the nonpublic school shall pay the cost of transportation provided outside the district.  School districts may make agreements for who provides transportation.  Parties serving students on a shared time basis have access to the due process hearing system described under United States Code, Title 20, and the complaint system under Code of  Federal Regulations, Title 34, Section 300.660. to 300.662. (Minn. Stat. §125A.18)
 
B. Disabled students whose handicapped conditions are such that the student cannot be safely transported on the regular school bus and/or school bus route and/or when the student is transported on a special route for the purpose of attending an approved special education program shall be entitled to special transportation at the expense of the school district.  The school district shall determine the type of vehicle used to transport disabled students on the basis of the handicapping condition and applicable laws.  This section shall not be applicable to parents who transport their own child under a contract with the school district. (Minn. Rules Part 3520.3300, subd. 1)
 
C. Any parent of a disabled student who believes that the transportation services provided for that child are not in compliance with the applicable law may utilize the due process procedures provided for in Minn. Stat. §125A.09, Subd. 6.  (Minn. Rules 3520.3300, subd. 2)
 
V. APPLICATION OF GENERAL POLICY
 
The provisions of the school district’s policy on transportation of public school students shall apply to the transportation of nonpublic school students except as specifically provided herein. (See Policy 607).
  
Legal References:

Minn. Stat. §123B.44 (Provision of Pupil Support Services)
Minn. Stat. § 123B.84 (Policy)
Minn. Stat. §123B.86 (Equal Treatment)
Minn. Stat. §123B.88 (Independent School Districts, Transportation)
Minn. Stat. §123B.92 (Transportation Aid Entitlement)
Minn. Stat. Ch. 125A (Children With A Disability)
Minn. Rules Part 3520.3300 (Transportation of Handicapped Students) Americans United, Inc. as Protestants and Other Am. United for Separation of Church and State, et. al. v. Independent Sch. Dst. 622, et. al., 288 
 Minn. 1996, 179 N.W.2d 146 (Minn 1970) Elridge v. Independent Sch. Dst. No. 625, 422 N.W.2d 319 (Minn. App. 1988) Healy v. Independent Sch. Dst. No. 625, 962 F.2d 1304 (8th Cir. 1992)
 
Cross Reference:  

School Board Policy 607 (Transportation of Public School Students)School Board Policy 609(Student Transportation Safety Policy)
 
 Adopted:  August 25, 2003    

School Board
Independent School District 15
St. Francis, Minnesota

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