167.231. Transportation of pupils by districts, except metropolitan--mileage limits for state aid--extra transportation, district expense--election, ballot form. - Missouri Statutes

Transportation of pupils by districts, except metropolitan--mileagelimits for state aid--extra transportation, districtexpense--election, ballot form.

167.231. 1. Within all school districts except metropolitandistricts the board of education shall provide transportation to and fromschool for all pupils living more than three and one-half miles from schooland may provide transportation for all pupils. State aid fortransportation shall be paid as provided in section 163.161, RSMo, only onthe basis of the cost of pupil transportation for those pupils living onemile or more from school, including transportation provided to and frompublicly operated university laboratory schools. The board of educationmay provide transportation for pupils living less than one mile from schoolat the expense of the district and may prescribe reasonable rules andregulations as to eligibility of pupils for transportation, and,notwithstanding any other provision of law, no such district shall besubject to an administrative penalty when the district demonstratespursuant to rule established by the state board of education that suchstudents are required to cross a state highway or county arterial in theabsence of sidewalks, traffic signals, or a crossing guard and that noexisting bus stop location has been changed to permit a district to evadesuch penalty. If no increase in the tax levy of the school district isrequired to provide transportation for pupils living less than one milefrom the school, the board may transport said pupils. If an increase inthe tax levy of the school district is required to provide transportationfor pupils living less than one mile from school, the board shall submitthe question at a public election. If a two-thirds majority of the votersvoting on the question at the election are in favor of providing thetransportation, the board shall arrange and provide therefor.

2. The proposal and the ballots may be in substantially the followingform:

Shall the board of education of the ........ school district providetransportation at the expense of the district for pupils living less thanone mile from school and be authorized to levy an additional tax of........ cents on the one hundred dollars assessed valuation to providefunds to pay for such transportation service?

â ã YES â ã NO

(If you are in favor of the proposition (or question), place an X in thebox opposite "YES". If you are opposed to the proposition (or question),place an X in the box opposite "NO".)

3. The board of education of any school district may providetransportation to and from school for any public school pupil not otherwiseeligible for transportation under the provisions of state law, and mayprescribe reasonable rules and regulations as to eligibility fortransportation, if the parents or guardian of the pupil agree in writing topay the actual cost of transporting the pupil. The minimum charge would bethe actual cost of transporting the pupil for ninety school days, whichactual cost is to be determined by the average per-pupil cost oftransporting children in the school district during the preceding schoolyear. The full actual cost shall be paid by the parent or guardian of thepupil and shall not be paid out of any state school aid funds or out of anyother revenues of the school district. The cost of transportation may bepaid in installments, and the board of education shall establish the costof the transportation and the time or times and method of payment.

(L. 1963 p. 200 § 8-23, A.L. 1965 p. 288, A.L. 1973 H.B. 158, A.L. 1977 H.B. 130, A.L. 1978 H.B. 969, H.B. 971, A.L. 1979 H.B. 300, A.L. 1990 H.B. 1142, A.L. 2006 H.B. 1180)

(Source: RSMo 1959 §§ 165.140, 165.373, 165.700)

(1974) This section does not authorize transportation of private school pupils. For opinion see Luetkemeyer et al. v. Kaufmann, 364 F.Supp 376, affirmed by supreme court in memorandum opinion (U.S.) 95 S.Ct. 167.