WASBO Accounting Seminar
March 18, 2004
Pupil Transportation Issues
Merry LarsenSchool Administration ConsultantDepartment of Public Instruction
WASBO Accounting Seminar
March 18, 2004
Parent Contracts for Pupil Transportation
WASBO Accounting Seminar
March 18, 2004
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Overview of Current Law
School Districts are required to provide transportation to resident pupils in grades K-12 who live 2 miles or more from school (§ 121.54(2)a., Wis. Stats.)
Private school pupils must be eligible (§ 121.54(2)(b)1., Wis. Stats.)
Exception for districts that invoke “city option” (§ 121.54(1), Wis. Stats.)
District may provide transportation by a variety of methods (§ 121.55, Wis. Stats.)
WASBO Accounting Seminar
March 18, 2004
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Eligibility Criteria Private School Pupils
1. Pupil must live 2 miles or more from private school
2. Pupil must live within private school’s attendance area
3. Private school must be located within resident school district or not more than 5 miles beyond boundary
§ 121.54(2)(b) 1., Wis. Stats.
WASBO Accounting Seminar
March 18, 2004
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PI 7, Subchapter IIParent Contracts for Pupil
TransportationPromulgated October 2003
First applies to contracts for transportation during 2004-05
Circuit court case: Kordecki v Central High School District of Westosha
WASBO Accounting Seminar
March 18, 2004
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Purpose of Rule
Clarify current law
Ensure consistency in application of law
Assist school districts in calculating payment amounts
Ensure provision of certain information to parents
WASBO Accounting Seminar
March 18, 2004
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Types of Parent Contracts
Two types of parent contracts:1. Public or private school pupils
(§ 121.55(1)(b), Wis. Stats.)
2. Private school pupils only (§ 121.55(3), Wis. Stats.)
WASBO Accounting Seminar
March 18, 2004
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Public or Private School §121.55(1)(b)
Compensation amount negotiated between parent and school district
If parent rejects contract, district must provide transportation by other means
If district and parent cannot agree on amount, DPI can determine if both parties request
No notification requirement No eligibility criteria School district receives state aid
§ 121.55(1)(b), Wis. Stats.
WASBO Accounting Seminar
March 18, 2004
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Disputes
DPI will determine amount of compensation if both parties request DPI decision is final Determination on a case-by-case basis, may
consider: Estimated cost to provide the transportation Ability of parent to provide transportation Other information deemed appropriate
District must provide transportation until contract amount is determined
WASBO Accounting Seminar
March 18, 2004
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Private School Pupils § 121.55(3)
May only be used for private school pupils School district must meet criteria Compensation amount specified by law “Take it or leave it contract”--If parent rejects
properly offered contract, district not required to provide transportation by other means
If district and parent cannot agree on amount, DPI can determine if one or both parties request
School district receives state aid
WASBO Accounting Seminar
March 18, 2004
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Eligibility Requirements
Estimated cost to transport the pupil must exceed 1.5 times school district’s average cost per pupil for regular (to and from school) bus transportation in the prior year
And
Parents must be notified of intent to offer parent contract at least 30 days prior to start of public school term
WASBO Accounting Seminar
March 18, 2004
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Estimated Cost
District must make “good faith” estimate“Cost-effective” means of transportationMust use one of the methods under
§ 121.55, Wis. Stats.Estimate must be in writing and include
dateDistrict must maintain written estimate
according to board policy (§ 118.125(3))
WASBO Accounting Seminar
March 18, 2004
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Determination of Eligibility
Estimated cost to transport pupil must be compared to “school district’s average cost per pupil for bus transportation in the previous school year, exclusive of transportation for kindergarten pupils during the noon hour and for pupils with disabilities who receive special transportation.”
WASBO Accounting Seminar
March 18, 2004
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School District’s Average Cost
District must use worksheet provided in rule to calculate average cost
Worksheet must be maintained by district for 7 years following the school year in which the contract applied
WASBO Accounting Seminar
March 18, 2004
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WASBO Accounting Seminar
March 18, 2004
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Private School ContractsCompensation Amount
Annual payment equal to the greater of:$5 times the distance (in miles) between
pupil’s residence and private school; orschool district’s average cost per pupil for
regular (to and from school) bus transportation in the prior year, excluding transportation for kindergarten pupils at noon and pupils with disabilities
Payment amount is per pupil, not familyPayment cannot exceed actual cost
§ 121.55(3), Wis. Stats.
WASBO Accounting Seminar
March 18, 2004
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Notice of Intent to Offer Contract
At least 30 days prior to start of public school term
In writingCite § 121.55(3), Wis. Stats.Specify amount of compensation Include statement that properly offered
contract extinguishes school district’s obligation to transport pupil
WASBO Accounting Seminar
March 18, 2004
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Documentation Provided to Parent
School district must include the following with the notification:A copy of the estimated cost to transport the
pupilThe assumptions used in calculating the
estimateA copy of the completed worksheet used to
determine average cost per pupil
WASBO Accounting Seminar
March 18, 2004
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Disputes
DPI will determine amount of compensation in the case of a disputeDPI decision is finalEither party may request DPI
determination DPI will review: Estimate of cost to transport pupil; and District’s average cost per pupil for
regular bus transportation in prior year.
WASBO Accounting Seminar
March 18, 2004
Transportation in Areas of Unusual Hazards
§ 121.54(9), Wis. Stats.
WASBO Accounting Seminar
March 18, 2004
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Definition of “Unusual Hazard”
“An existing condition which constitutes more than ordinary hazard and which seriously jeopardizes the safety of pupils in their travel to and from school.” (PI 7.01(2))
Criteria is determined at local level, not prescribed by law
WASBO Accounting Seminar
March 18, 2004
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UHT Plan Development
Process starts with school boardPlan should include:
Map indicating UHT areasNarrative description of UHT areasNarrative description of hazardsProposed safeguards for pupils
Plan must be submitted to Sheriff of county in which principal office of school district is located
WASBO Accounting Seminar
March 18, 2004
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Sheriff’s Role
Sheriff must:Review the planInvestigate the site and planMake a determination as to whether unusual
hazards existReport findings in writing to the State
Superintendent and the school board
WASBO Accounting Seminar
March 18, 2004
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DPI’s Role
Within 60 days, but not less than 30 days from receipt of sheriff’s report, DPI must:Determine whether unusual hazards existDetermine whether the plan provides proper
safeguards for pupilsPay categorical transportation aid for
pupils transported less than 2 miles if district has approved UHT plan on file
WASBO Accounting Seminar
March 18, 2004
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Appeals
Two types of appealsAppellant may be aggrieved by:
Failure of school board to designate a particular area as UHT area (s. 121.54(9)(am); OR
Determination by sheriff or some aspect of plan (s. 121.54(9)(b))
Aggrieved person may request a hearing before State Superintendent
WASBO Accounting Seminar
March 18, 2004
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Request for Hearing s. 121.54(9)(am)
Aggrieved person must notify school board in writing that UHT area exists
School board must reply in writing within 30 days
School board must send copy of reply to sheriff and state superintendent
Aggrieved person may request hearing upon receipt of school board reply
WASBO Accounting Seminar
March 18, 2004
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Request for Hearing s. 121.54(9)(b)
Aggrieved person may request hearing before state superintendent
Request must be made within 30 days of receipt of sheriff’s report by state superintendent
WASBO Accounting Seminar
March 18, 2004
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Hearing Preparation
Prior to hearing, DPI:Reviews school district’s UHT plan
and transportation policiesObtains and reviews sheriff’s reportObtains all related correspondenceCreates chronology
WASBO Accounting Seminar
March 18, 2004
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UHT Hearing
DPI staff observe pupils walking to and/or from school
Administrative hearing is held in school district building
Witnesses (appellant, school district representative and sheriff) testify under oath
Testimony is recordedDPI issues decision within 30-60 days
WASBO Accounting Seminar
March 18, 2004
Contact Information
Merry Larsen, School Administration Consultant- Pupil Transportation
Department of Public InstructionP.O. Box 7841
Madison, WI 53707-7841
Pupil Transportation web site: www.dpi.state.wi.us/dpi/dfm/sms/transhpg.html