CALIFORNIA STATUTES AND CODES
SECTIONS 41860-41863
EDUCATION CODE
SECTION 41860-41863
41860. (a) Sections 41850, 41851.12, 41852, and 41853 shall apply
to this article.
(b) As used in this article, "average daily attendance" means the
average daily attendance used to compute a school district's second
principal apportionment.
41861. For any fiscal year in which funds are specifically
appropriated for home-to-school transportation apportionments
pursuant to this article, the Superintendent of Public Instruction
shall apportion to each school district that is eligible under this
article, in addition to any apportionments pursuant to Sections 41851
and 41851.11, the amount calculated pursuant to Section 41863.
41862. School districts that meet all of the following criteria are
eligible to receive an apportionment pursuant to this article:
(a) The number of pupils who received home-to-school
transportation services in the prior fiscal year was equivalent to at
least 33 percent of the total number of units of average daily
attendance in the prior fiscal year.
(b) The total cost per mile for the prior fiscal year for
home-to-school transportation does not exceed the statewide average
cost per mile, or if the total cost per mile for the prior fiscal
year for home-to-school transportation exceeds the statewide average
cost per mile, the school district demonstrates to the satisfaction
of the Superintendent of Public Instruction that the increased cost
per mile is due to either weather-related or terrain-related
conditions. The Superintendent of Public Instruction shall determine
that the increased cost per mile is due to weather-related or
terrain-related conditions if those conditions meet any of the
following criteria:
(1) Snow and ice create roadway and safety problems.
(2) Fifty percent or more of publicly maintained roads in the
school district are considered to be curves.
(3) There are changes in elevation of 2,000 feet or more on
publicly maintained roads in the school district.
(c) In the prior fiscal year, the amount of the school district's
approved cost of home-to-school transportation per unit of average
daily attendance exceeded one hundred thirty dollars ($130).
41863. (a) The Superintendent of Public Instruction shall determine
for each school district meeting the standards of Section 41862 the
apportionment for that school district's unreimbursed cost of
home-to-school transportation in the prior fiscal year as follows:
(1) Add the following amounts:
(A) The home-to-school transportation allowance for the school
district received pursuant to Sections 41851 and 41851.11 for the
prior fiscal year.
(B) The amount of funding received for the costs of transportation
associated with court-ordered or voluntary desegregation programs.
(2) Subtract from the sum computed pursuant to paragraph (1) all
supplemental grant funding received in the prior fiscal year by the
school district for home-to-school transportation or court-ordered or
voluntary desegregation.
(3) Subtract from the school district's prior year's approved
costs of home-to-school transportation the amount computed pursuant
to paragraph (2).
(b) The Superintendent of Public Instruction shall calculate data
for school districts within a joint powers authority as separate
entities, but apportionments shall be the same as under existing law,
provided that the joint powers authority submits in a timely fashion
the data required by the superintendent to make the calculation.
(c) In the event the funds appropriated for the purposes of this
article are not sufficient to fully fund the formula established by
this section, the amounts apportioned shall be reduced on a
proportionate basis.
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