parent contracts and unusually hazardous transportation areas

WASBO Accounting Seminar

March 18, 2004

Pupil Transportation Issues

Merry LarsenSchool Administration ConsultantDepartment of Public Instruction


March 18, 2004

Parent Contracts for Pupil Transportation


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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.)


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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.


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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


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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


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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.)


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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.


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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


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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


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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


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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))


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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.”


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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


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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.


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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


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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


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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.


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Transportation in Areas of Unusual Hazards

§ 121.54(9), Wis. Stats.


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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


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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


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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


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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


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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


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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


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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


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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


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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


March 18, 2004

Contact Information

Merry Larsen, School Administration Consultant- Pupil Transportation

[email protected]

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

mailto:[email protected]

parent contracts and unusually hazardous transportation areas

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