Pupil Transportation Hardships

PURPOSE: This rule establishes guidelines for the assignment of pupils based upon the finding of an unusual or unreasonable transportation hardship pursuant to section 167.121, RSMo. (1) For the purpose of this rule, the following terms shall mean: (A) Information request—The forms submitted to the designated review officer by the petitioner or the affected districts to document the existence of an unusual or unreasonable transportation hardship; (B) Natural barriers—Obstructions to school bus routes, for students who are required by law to be transported or students who are transported as a result of school district practice or policy, caused by streams, rivers, lakes and multilane highways with limited access; (C) Petitioned district—That district to which the pupil will be assigned should the petition for assignment be granted; (D) Petitioner—A parent or guardian of a pupil or, if eighteen (18) years of age or otherwise emancipated, the pupil who has petitioned for assignment pursuant to section 167.121, RSMo; (E) Resident district—The district where the pupil resides at the time a petition for assignment is submitted; (F) Review officer—That individual designated by the commissioner of education to review the request for assignment based upon the finding of an unusual or unreasonable transportation hardship; (G) Travel distance—The distance traveled to transport a pupil from the pupil’s place of residence or other designated pickup point to the site of the pupil’s educational placement; and (H) Travel time—That period of time required to transport a pupil from the pupil’s place of residence or other designated pickup point to the site of the pupil’s educational placement. (2) A petition may be filed with the commissioner of education to assign a pupil to another district based upon the existence of an unusual or unreasonable transportation hardship. This petition must outline the basis for the request for assignment and be signed by the petitioning party. (3) Upon receipt of a petition for assignment, the commissioner of education shall designate a review officer to make findings and a decision as to the existence of an unusual or unreasonable transportation hardship. The designated review officer shall notify both the resident district and the petitioned district of the contents of the petition and shall forward to those districts relevant information requests. (4) The review officer shall make findings and a decision relating to the existence of a transportation hardship based upon the petition for assignment and responses to the information request submitted by the affected districts. In addition, the review officer, at his/her discretion, may elect to make a visual inspection of the transportation routes in question and use those findings in his/her determination. Assignment requests based upon documented travel time of less than seventy-five (75) minutes shall be granted only upon the demonstration of special circumstances or transportation hardships caused by natural barriers. (5) The findings and decision of the review officer relating to the petition for assignment shall be made in writing and submitted to the petitioner, the resident district and the petitioned district. If it is the decision of the review officer that an unusual or unreasonable transportation hardship exists, then the pupil shall be assigned to the petitioned school district. The board of education of the resident district shall be responsible for paying the tuition and, when appropriate, transportation costs of the pupil assigned consistent with the provisions of sections 167.121 and 167.241, RSMo. (6) Not later than thirty (30) days from receipt of notice of the decision of the review officer, the petitioned district shall provide information to the resident district indicating the tuition amount and, if appropriate, transportation costs to be paid by the resident district consistent with the provisions of sections 167.121 and 167.241, RSMo for the pupil that has been assigned. If the resident district disagrees to the amount of the tuition or the transportation costs to be paid, the resident district shall indicate this disagreement to the review officer no later than forty-five (45) days from the date of notice that the pupil was assigned to the petitioned district. The review officer shall determine the appropriate amount of tuition cost to be paid by the resident district and, if appropriate, transportation costs, within fifteen (15) days, and shall notify the resident district and the petitioned district. (7) Findings, decisions, or both, of the review officer as described in sections (5) and (6) may be affirmed, rescinded or modified by the commissioner of education upon request of the petitioner, resident district or petitioned district. Requests to affirm, rescind or modify the finding, decision, or both, of the review officer shall be placed before the commissioner of education by the petitioner, resident district or petitioned district within ten (10) days from notification of the findings and decisions of the review officer as described in sections (5) and (6). (8) Decisions of the commissioner of education, as provided in section (7), may be appealed to the State Board of Education upon a written notice of intent to appeal by the petitioner, resident district or petitioned district. These appeals to the State Board of Education shall be limited to written information provided by the petitioner, resident district or petitioned district as to why the decision of the commissioner of education was in error. The intent to appeal shall be indicated in writing to the commissioner of education within ten (10) days from receipt of the commissioner of education’s decisions as provided in section (7). (9) As soon as reasonably possible after the commissioner of education receives the intent to appeal as provided in section (8), the appeal shall be placed on the agenda of the State Board of Education. The commissioner of education shall notify the petitioner, resident district and petitioned district of the date the appeal is to be considered by the State Board of Education. Upon an adjudication of the appeal, the State Board of Education shall notify the petitioner, resident district and petitioned the district of its decision. (10) Should the resident district refuse or otherwise fail to make payment of the tuition amount and, if appropriate, transportation costs for the pupil that has been assigned consistent with the provisions of sections 167.121 and 167.241, RSMo, as of June 30 following the date the pupil was assigned to the petitioned district, and if requested by the petitioned district, and assuming the petitioned district has provided accurate and complete attendance data to the resident district for the pupil as determined by the Department of Elementary and Secondary Education, the department shall be authorized to withhold that amount from subsequent state aid payments to the resident district and transfer the amount withheld to the petitioned district. (11) Any final decision of assignment made during the course of any school semester, or any other term in which classes are held, shall remain in place until the end of that semester or term. Any petition for review of an existing assignment must be received by the commissioner of education thirty (30) days prior to the beginning of the semester in which rescinding of the assignment would take place. AUTHORITY: section 167.121, RSMo 1986.* Original rule filed Dec. 24, 1991, effective June 25, 1992. Amended: Filed April 28, 1993, effective Nov. 8, 1993. *Original authority: 167.121, RSMo 1963, amended 1973, 1979, 1983.