Section 327.043 - [Operative Until 7/1/2024] When district required to provide transportation; supplemental plans and waivers(1) As used in this section, "alternative transportation," "public transportation" and "suitable and sufficient" have the meanings given those terms in ORS 327.033.(2) A school district is required to provide transportation for elementary school students who reside more than one mile from school and for secondary school students who reside more than 1.5 miles from school. A school district is also required to provide transportation for any student identified in a supplemental plan approved by the State Board of Education.(3)(a) Notwithstanding subsection (2) of this section, the State Board of Education may waive the requirement to provide transportation to elementary and secondary students under paragraph (b) of this subsection.(b) The State Board of Education may waive the requirement to provide transportation: (A) For some or all of the elementary school students who reside more than one mile from school only if the school district that seeks the waiver provides suitable and sufficient alternative transportation to the elementary school students for whom the school district seeks the waiver. A school district that seeks a waiver under this subparagraph must present to the board a plan for providing suitable and sufficient alternative transportation to the elementary school students. Public transportation is not considered suitable and sufficient for elementary school students.(B) For secondary school students who reside more than 1.5 miles from school only if the school district provides or identifies suitable and sufficient alternative transportation for transporting secondary school students. A school district that seeks a waiver under this subparagraph must present to the board a plan for providing or identifying suitable and sufficient alternative transportation for transporting secondary school students.(4) When submitting to the State Board of Education a supplemental plan or a waiver request that includes alternative transportation and that seeks reimbursement for costs incurred in providing alternative transportation, a school district must include: (a) A comparison of: (A) The school district's projected approved transportation costs to serve students without alternative transportation; and(B) The school district's projected approved transportation costs if alternative transportation is approved.(b) For a supplemental plan or a waiver that proposes to use alternative transportation for one or more routes not previously included in a supplemental plan or a waiver, an explanation of why the school district has determined that the use of alternative transportation for the route is necessary.(c) For a waiver request that proposes to use public transportation for secondary school students, an explanation of how: (A) The use of public transportation qualifies for approved transportation costs under ORS 327.033 (2)(c);(B) Any financial support provided by a local transit district according to ORS 184.758 will be used prior to the school district incurring additional expenses; and(C) The school district conducted a good faith effort to hire, train and retain drivers of school buses in a manner that included competitive wages and hiring practices consistent with applicable collective bargaining agreements.(5) The State Board of Education may approve a supplemental plan or a waiver request to use alternative transportation and to provide reimbursement for costs incurred in providing alternative transportation only when:(a) The projected approved transportation costs under subsection (4)(a)(B) of this section are the same as or less than the projected transportation costs under subsection (4)(a)(A) of this section; or(b) The applying school district adequately demonstrates that any expenses incurred in excess of subsection (4)(a)(A) of this section that are attributable to alternative transportation will be paid with funds other than the transportation grant from the State School Fund.(6) Notwithstanding subsection (4) of this section, a school district may request a waiver that includes alternative transportation without providing the additional information required under subsection (4) of this section if the school district does not seek reimbursement for costs incurred in providing the alternative transportation.(7) When the State Board of Education approves a supplemental plan or waiver request to use alternative transportation and provides reimbursement for costs incurred in providing alternative transportation, the approved supplemental plan or waiver shall be effective for two years from the date of approval.(8) Notwithstanding subsections (4), (5) and (7) of this section, a school district that, prior to January 1, 2024, had been receiving reimbursement for costs incurred in providing transit passes under a supplemental plan or a waiver shall continue to receive reimbursement under the terms and conditions the school district was receiving reimbursement prior to January 1, 2024, unless the State Board of Education and the school district agree otherwise.(9) Nothing in this section prevents a school district from providing alternative transportation in addition to otherwise required transportation when no reimbursement is sought for costs incurred in providing the alternative transportation. The amendments to 327.043 by section 2, chapter 524, Oregon Laws 2023, become operative July 1, 2024, and apply to approved transportation costs incurred on or after July 1, 2024. See section 3, chapter 524, Oregon Laws 2023. The text that is operative until July 1, 2024, is set forth for the user's convenience.
This section is set out more than once due to postponed, multiple, or conflicting amendments.