72-8302. Transportation of pupils; authorization to provide or furnish; required under certain conditions; suspension or revocation of privilege or entitlement under certain circumstances; fees, autho
72-8302
72-8302. Transportation of pupils; authorizationto provide orfurnish; required under certain conditions; suspension or revocation ofprivilege or entitlement under certain circumstances; fees, authorization toprescribe and collect, limitations, disposition.(a) The board of education of a school district may provide or furnishtransportation for pupils who are enrolled in the school district to or fromany school of the school district or to or from any school of another schooldistrict attended by such pupils in accordance with the provisions of anagreement entered into under authority of K.S.A. 72-8233, and amendmentsthereto.
(b) (1) When any or all of the conditions specified in this provisionexist, the board of education of a school district shall provide or furnishtransportation for pupils who reside in the school district and who attend anyschool of the school district or who attend any school of another schooldistrict in accordance with the provisions of an agreement entered into underauthority of K.S.A. 72-8233, and amendments thereto. The conditions which applyto the requirements of this provision are as follows:
(A) The residence of the pupil is inside or outside the corporate limits of acity, the school building attended is outside the corporate limits of a cityand the school building attended is more than 2½ miles by the usuallytraveled road from the residence of the pupil; or
(B) the residence of the pupil is outside the corporate limits of a city, theschool building attended is inside the corporate limits of a city and theschool building attended is more than 2½ miles by the usually traveledroad from the residence of the pupil; or
(C) the residence of the pupil is inside the corporate limits of one city,the school building attended is inside the corporate limits of a different cityand the school building attended is more than 2½ miles by the usuallytraveled road from the residence of the pupil.
(2) The provisions of this subsection are subject to the provisions ofsubsections (c) and (d).
(c) The board of education of every school district is authorized toadopt rules and regulations to govern the conduct, control and disciplineof all pupils while being transported in school buses. The board maysuspend or revoke the transportation privilege or entitlement of any pupilwho violates any rules and regulations adopted by the board under authorityof this subsection.
(d) The board of education of every school district may suspend or revokethe transportation privilege or entitlement of any pupil who is detained atschool at the conclusion of the school day for violation of any rules andregulations governing pupil conduct or for disobedience of an order of ateacher or other school authority. Suspension or revocation of thetransportation privilege or entitlement of any pupil specified in thissubsection shall be limited to the school day or days on which the pupil isdetained at school. The provisions of this subsection do not apply to any pupilwho has been determined to be an exceptional child, except gifted children,under the provisions of the special education for exceptional children act.
(e) (1) Subject to the limitations specified in this subsection, the boardof education of any school district may prescribe and collect fees to offset,totally or in part, the costs incurred for the provision or furnishing oftransportation for pupils. The limitations which apply to the authorizationgranted by this subsection are as follows:
(A) Fees for the provision or furnishing of transportation for pupils shallbe prescribed and collected only to recover the costs incurred as a result ofand directly attributable to the provision or furnishing of transportation forpupils and only to the extent that such costs are not reimbursed from anyother source provided by law;
(B) fees for the provision or furnishing of transportation may not beassessed against or collected from any pupil who is counted in determining thetransportation weighting of the school district under the provisions of theschool district finance and quality performance act or any pupil who isdetermined to be a child with disabilities under the provisions of the specialeducation for exceptional children act or any pupil who is eligible for free orreduced price meals under the national school lunch act or any pupil who isentitled to transportation under the provisions of subsection (a) of K.S.A.72-8306, and amendments thereto, and who resides 2½ miles or more by theregular route of a school bus from the school attended;
(C) fees for the provision or furnishing of transportation for pupils inaccordance with the provisions of an agreement entered into under authority ofK.S.A. 72-8233 or 72-8307, and amendments thereto, shall be controlled by theprovisions of the agreement.
(2) All moneys received by a school district from fees collected under thissubsection shall be deposited in the general fundof the district.
History: L. 1968, ch. 401, § 2; L. 1971, ch. 244, § 1; L.1973, ch. 299, § 1; L. 1976, ch. 322, § 1; L. 1977, ch. 259, § 1; L.1980, ch. 224, § 1; L. 1981, ch. 294, § 1; L. 1984, ch. 261, § 17; L. 1984,ch. 270, § 1; L. 1984, ch. 262, § 5;L. 1996, ch. 141, § 3;L. 1997, ch. 183, § 3;L. 2000, ch. 155, § 4;L. 2003, ch. 116, § 12; July 1.