SECTIONS 41850-41856 - California Statutes

EDUCATION CODE

SECTION 41850-41856

41850. (a) Apportionments made pursuant to this article shall only
be made for home-to-school transportation and special education
transportation, as defined in this section.
(b) As used in this article, "home-to-school transportation"
includes all of the following:
(1) The transportation of pupils between their homes and the
regular full-time day school they attend, as provided by a school
district or county superintendent of schools.
(2) The payment of moneys by a school district or county
superintendent of schools to parents or guardians of pupils made in
lieu of providing for the transportation of pupils between their
homes and the regular full-time day schools they attend.
(3) Providing board and lodging to pupils by a school district or
county superintendent of schools made in lieu of providing for the
transportation of pupils between their homes and the regular
full-time day schools they attend.
(4) The transportation of pupils between the regular full-time day
schools they would attend and the regular full-time occupational
training classes they attend, as provided by a regional occupational
center or program.
(5) The transportation of individuals with exceptional needs as
specified in their individualized education programs, who do not
receive special education transportation as defined in subdivision
(d).
(6) The payment of moneys by a school district or county
superintendent of schools for the replacement or acquisition of
schoolbuses.
(c) For purposes of this article, the computation of the
allowances provided to a regional occupational center or program
shall be subject to all of the following:
(1) A regional occupational center or program shall receive no
allowance for 50 percent of the total transportation costs.
(2) A regional occupational center or program shall be eligible
for a transportation allowance only if the total transportation costs
exceed 10 percent of the total operational budget of the regional
occupational center or program.
(3) A regional occupational center or program eligible for a
transportation allowance pursuant to paragraph (2) shall receive an
amount equal to one-third of the transportation costs subject to
reimbursement.
(d) As used in this article, "special education transportation"
means either of the following:
(1) The transportation of severely disabled special day class
pupils, and orthopedically impaired pupils who require a vehicle with
a wheelchair lift, who received transportation in the prior fiscal
year, as specified in their individualized education program.
(2) A vehicle that was used to transport special education pupils.

41851. (a) For the 1992-93 fiscal year, from Section A of the State
School Fund, the Superintendent of Public Instruction shall
apportion to each school district or county superintendent of
schools, as appropriate, an amount computed pursuant to this section.
School districts and county superintendents of schools that provide
transportation services by means of a joint powers agreement, a
cooperative pupil transportation program, or a consortium shall
receive transportation allowances pursuant to this section.
(b) For the 1992-93 fiscal year, each school district or county
office of education shall receive a home-to-school transportation
apportionment equal to the transportation allowance received in the
prior fiscal year reduced by the amount of the special education
transportation allowance identified pursuant to Section 41851.5.
(c) For the 1993-94 fiscal year and each fiscal year thereafter,
each school district or county office of education shall receive the
same home-to-school transportation allowance received in the prior
fiscal year, but in no event shall that home-to-school transportation
allowance exceed the prior year's approved home-to-school
transportation costs, increased by the amount provided in the Budget
Act.
(d) For the 1993-94 and each fiscal year thereafter, each county
unified school district for which the county board of education
serves as the governing board that meets all of the following
criteria shall receive an apportionment in addition to the amount
received pursuant to subdivision (c) of three hundred fifty thousand
dollars ($350,000):
(1) Over 50 percent of the pupils enrolled in the school district
require home-to-school transportation services.
(2) Total enrollment of the school district is less than 3,500.
(3) Total miles driven each fiscal year for home-to-school
transportation exceeds 350,000.
(4) The school district received an apportionment pursuant to this
subdivision in the 2000-01 and 2001-02 fiscal years.
(e) If, in any fiscal year, a county unified school district
operates one or more necessary small schools pursuant to Article 4
(commencing with Section 42280) of Chapter 7 that the district did
not operate in the 1994-95 fiscal year, that district may not receive
an apportionment pursuant to subdivision (d) in that fiscal year or
in any subsequent fiscal year.
(f) If a later enacted statute amends subdivision (b) of Section
42280 or amends or adds any other provision of law authorizing a
county unified school district that has 3,001 or more units of
average daily attendance to be designated as a small school district
for the purposes of Article 4 (commencing with Section 42280) of
Chapter 7, subdivision (d) shall become inoperative on the date that
the later enacted statute becomes operative.
(g) Each county unified school district that receives an
additional apportionment pursuant to subdivision (d) shall report, by
September 1 of each year, commencing with September 1, 1995, on the
amount of revenues received and the funds expended for the
home-to-school transportation program in the prior fiscal year. The
report shall be submitted to the fiscal committees and education
policy committees of the Legislature and to the Legislative Analyst.

41851.1. (a) For the 1989-90 fiscal year, from Section A of the
State School Fund, the Superintendent of Public Instruction shall
apportion to each school district or county superintendent of
schools, as appropriate, an amount computed pursuant to this section.
School districts and county superintendents of schools that provide
transportation services by means of a joint powers agreement, a
cooperative pupil transportation program, or a consortium shall
receive transportation allowances pursuant to this section.
(b) For the 1989-90 fiscal year, each school district, joint
powers agency, cooperative pupil transportation program, or
consortium shall receive a transportation apportionment equal to the
greater of the following:
(1) Sixty-five percent of the prior year's approved transportation
costs.
(2) The prior year's transportation allowance.
(c) For the 1989-90 fiscal year, each county office of education
shall receive a transportation apportionment equal to the greater of
the following:
(1) Eighty percent of the prior year's approved transportation
costs.
(2) The prior year's transportation allowance.
(d) In the event that funds appropriated for the purposes of this
section are not sufficient to fully fund the formula established by
that section, the amounts apportioned shall be reduced on a
proportionate basis.

41851.1. (a) For the 1989-90 fiscal year, from Section A of the
State School Fund, the Superintendent of Public Instruction shall
apportion to each school district or county superintendent of
schools, as appropriate, an amount computed pursuant to this section.
School districts and county superintendents of schools that provide
transportation services by means of a joint powers agreement, a
cooperative pupil transportation program, or a consortium shall
receive transportation allowances pursuant to this section.
(b) For the 1989-90 fiscal year, each school district, joint
powers agency, cooperative pupil transportation program, or
consortium shall receive a transportation apportionment equal to the
greater of the following:
(1) Sixty-five percent of the prior year's approved transportation
costs.
(2) The prior year's transportation allowance.
(c) For the 1989-90 fiscal year, each county office of education
shall receive a transportation apportionment equal to the greater of
the following:
(1) Eighty percent of the prior year's approved transportation
costs.
(2) The prior year's transportation allowance.
(d) In the event that funds appropriated for the purposes of this
section are not sufficient to fully fund the formula established by
that section, the amounts apportioned shall be reduced on a
proportionate basis.

41851.12. For purposes of this article:
(a) "Approved costs of home-to-school transportation" means the
approved home-to-school transportation expense determined pursuant to
the Annual Report of Pupil Transportation as utilized by the State
Department of Education.
(b) "Approved costs of special education transportation" means the
approved special education transportation expense determined
pursuant to the Annual Report of Pupil Transportation as utilized by
the State Department of Education.

41851.2. No later than December 31, 1992, the Superintendent of
Public Instruction shall develop and disseminate nonprescriptive
guidelines for use by individualized education program teams during
their annual reviews pursuant to Section 56343. The guidelines shall
clarify when special education transportation services, as defined in
Section 41850, are required. The guidelines shall be developed in
accordance with Section 33308.5 and shall be exemplary in nature.

41851.5. (a) For the 1992-93 fiscal year and each fiscal year
thereafter, from Section A of the State School Fund, the
Superintendent of Public Instruction shall apportion to each school
district or county superintendent of schools, as appropriate, an
amount computed pursuant to this section. School districts and county
superintendents of schools that provide special education
transportation services by means of a joint powers agreement, a
cooperative pupil transportation program, or a consortium shall
receive special education transportation allowances pursuant to this
section.
(b) For the 1992-93 fiscal year, each school district or county
office of education shall receive a special education transportation
allowance equal to the lesser of the following:
(1) The prior year's approved special education transportation
costs identified pursuant to Section 41850.
(2) That portion of the prior year's transportation allowance that
the school district or county superintendent of schools designates
as a special education transportation allowance.
(c) For the 1993-94 fiscal year and each fiscal year thereafter,
each school district or county office of education shall receive a
special education transportation allowance received in the prior
fiscal year, but in no event shall that special education
transportation allowance exceed the prior year's approved special
education transportation costs, increased by the amount provided in
the annual Budget Act.

41851.7. For the purpose of receiving an allowance pursuant to this
section, a school district, county superintendent, or joint powers
agency which transfers any part of its pupil transportation service
to another entity shall report to the Superintendent of Public
Instruction the proportion of the costs in the fiscal year prior to
the transfer that are attributable to the part of the service
transferred. In determining the allowance for the fiscal years
subsequent to the transfer, the Superintendent of Public Instruction,
prior to the application of any cost-of-living adjustment, shall
reduce the allowance of the entity transferring the service in
proportion to the costs reported, and, if appropriate, increase or
establish the allowance of the entity assuming the transferred
service by that amount.

41852. (a) Any school district or county superintendent of schools
that receives a transportation apportionment in the 1984-85 fiscal
year, or any fiscal year thereafter, shall establish a restricted
pupil transportation account within its general fund. The district or
county superintendent shall deposit in the restricted pupil
transportation account all transportation apportionments received
pursuant to this article in any fiscal year and any other funds at
the option of the district or county superintendent. Any funds
remaining in the restricted pupil transportation account at the end
of the fiscal year may remain in the restricted pupil transportation
account for expenditure in subsequent fiscal years or may be
transferred to the pupil transportation equipment fund.
(b) Any school district or county superintendent of schools may
establish a pupil transportation equipment fund. The fund shall
receive all state and local funds designated for acquisition,
rehabilitation, or replacement of pupil transportation equipment.
Funds deposited in the pupil transportation equipment fund shall be
used exclusively for acquisition, rehabilitation and replacement of
pupil transportation equipment, except as provided in Section 41853.

41853. If a school district or county superintendent of schools
decides to discontinue its transportation services, any unencumbered
funds remaining in the restricted home-to-school transportation
account after transportation services are discontinued shall be
transferred to the general fund of the district or county
superintendent.
In the fiscal year in which the funds are transferred, the
Superintendent of Public Instruction shall reduce the state
apportionment pursuant to Section 2558 or 42238 to the district or
county superintendent by the amount of the funds transferred from the
restricted home-to-school transportation account to the general fund
of the district or county superintendent, exclusive of
reimbursements for prior year expenditures to Section 41851.5.

41854. This article shall become operative July 1, 1984.

41855. (a) For the 1996-97 fiscal year, the Superintendent of
Public Instruction shall provide a home-to-school transportation
allowance of three million twelve thousand dollars ($3,012,000) to
school districts and county superintendents of schools that provide
transportation services by means of a joint powers authority in lieu
of the amount that would otherwise have been provided pursuant to the
provisions of this article and Article 10.5 (commencing with Section
41860), if the joint powers authority meets the following conditions
as of June 30, 1996:
(1) The joint powers authority provides pupils of member school
districts with home-to-school transportation on school buses that are
operated by the joint powers authority.
(2) The joint powers authority provides school transportation
services to at least six other school districts in the area who are
not members of the joint powers authority.
(3) The joint powers authority provides maintenance services for
vehicles owned and operated by the member school districts, other
school districts in the area, fire districts, and vehicles owned by
cities or counties.
(4) The cost per mile of home-to-school transportation services
provided by the joint powers authority to member districts for the
1994-95 school year did not exceed the statewide average cost per
mile for home-to-school transportation for all school districts in
the state for the 1994-95 school year.
(b) For the 1997-98 fiscal year and each fiscal year thereafter,
the home-to-school school transportation allowance shall revert to
the 1995-96 level.

41856. For purposes of this article and Article 10.5 (commencing
with Section 41860), the home-to-school transportation allowance
received by the Oakland Unified School District in the 1996-97 fiscal
year and each fiscal year thereafter shall be computed as if the
home-to-school transportation aid received by the school district in
the 1995-96 fiscal year was two million five hundred thousand dollars
($2,500,000). The amounts allocated to the Oakland Unified School
District pursuant to this section shall be contingent upon approval
of the district's home-to-school transportation costs and shall not
exceed those costs.