| 2 | 2 | | Sixty-ninth |
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| 3 | 3 | | Legislative Assembly |
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| 4 | 4 | | of North Dakota |
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| 5 | 5 | | Introduced by |
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| 6 | 6 | | Representatives Richter, Heinert, Novak, J. Olson, Sanford, Murphy, Jonas |
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| 7 | 7 | | Senators Barta, Rummel, Schaible, Sickler |
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| 8 | 8 | | A BILL for an Act to create and enact a new section to chapter 15.1-27 of the North Dakota |
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| 9 | 9 | | Century Code, relating to transportation weighted student unit equivalents; to amend and |
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| 10 | 10 | | reenact section 15.1-31-05 of the North Dakota Century Code, relating to open enrollment |
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| 11 | 11 | | transportation; and to repeal sections 15.1-27-26.1, 15.1-27-27.1, 15.1-27-28.1, 15.1-27-30.1, |
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| 12 | 12 | | and 15.1-27-31.1 of the North Dakota Century Code, relating to payments for school district |
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| 13 | 13 | | transportation of students, special education students, and career and technical education |
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| 14 | 14 | | students, the distribution of transportation payments in the event of school district closure, and |
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| 15 | 15 | | state transportation payments to school districts. |
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| 16 | 16 | | BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: |
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| 17 | 17 | | SECTION 1. A new section to chapter 15.1-27 of the North Dakota Century Code is created |
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| 18 | 18 | | and enacted as follows: |
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| 19 | 19 | | Transportation average daily membership equivalents converted to weighted student |
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| 20 | 20 | | unit equivalents - Determination. |
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| 21 | 21 | | 1.The superintendent of public instruction shall determine transportation average daily |
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| 22 | 22 | | membership equivalents for eligible school districts providing schoolbus transportation |
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| 23 | 23 | | in contract schoolbuses, or in district-owned and operated schoolbuses, and for |
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| 24 | 24 | | eligible school districts with students riding commercial buses to and from a school |
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| 25 | 25 | | within the incorporated limits of a city. Transportation average daily membership |
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| 26 | 26 | | equivalents must be determined as follows: |
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| 27 | 27 | | a.0.0011 multiplied by the number of eligible large bus miles; |
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| 28 | 28 | | b.0.00052 multiplied by the number of eligible small bus miles; |
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| 29 | 29 | | c.0.01 multiplied by the number of eligible large bus runs; |
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| 55 | 54 | | 22 Sixty-ninth |
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| 56 | 55 | | Legislative Assembly |
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| 57 | 56 | | d.0.00468 multiplied by the number of eligible small bus runs; |
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| 58 | 57 | | e.0.012 multiplied by the number of square miles in the school district; |
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| 59 | 58 | | f.2.0 multiplied by the number of educational school plants within the school district |
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| 60 | 59 | | boundary; and |
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| 61 | 60 | | g.0.00025 multiplied by the number of eligible miles transported by a student's |
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| 62 | 61 | | family and reimbursed by the school district. |
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| 63 | 62 | | 2.The superintendent of public instruction shall determine each school district's total |
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| 64 | 63 | | transportation average daily membership equivalent by adding the products derived |
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| 65 | 64 | | under subsection 1 and then multiplying the total transportation average daily |
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| 68 | 67 | | 3.Subject to legislative appropriation, the superintendent of public instruction shall pay |
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| 69 | 68 | | each school district providing school bus transportation in contract schoolbuses, or in |
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| 70 | 69 | | district-owned and operated schoolbuses, an amount equal to the school district's |
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| 71 | 70 | | weighted student unit equivalent multiplied by the per student payment rate for the |
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| 72 | 71 | | applicable school year in subsection 3 of section 15.1 - 27 - 04.1. |
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| 73 | 72 | | 4.To be eligible, school districts must certify compliance with state law relating to |
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| 74 | 73 | | schoolbus standards and school vehicle driver requirements. The superintendent of |
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| 75 | 74 | | public instruction may adopt rules governing certification of compliance under this |
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| 76 | 75 | | subsection. |
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| 77 | 76 | | 5.Each year, the superintendent of public instruction shall determine the school district's |
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| 78 | 77 | | transportation average daily membership equivalent based on the latest available |
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| 79 | 78 | | miles and runs. Eligible miles and runs include miles and runs transporting eligible |
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| 80 | 79 | | students to and from: |
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| 81 | 80 | | a.School, including miles students are transported by family transportation in |
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| 82 | 81 | | accordance with section 15.1 - 30 - 02; |
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| 83 | 82 | | b.Special education programs approved by the superintendent of public instruction, |
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| 84 | 83 | | regardless of whether the students transported live within the incorporated limits |
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| 85 | 84 | | of the city in which the students' school is located, including miles students are |
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| 117 | 116 | | 30 Sixty-ninth |
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| 118 | 117 | | Legislative Assembly |
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| 119 | 118 | | c.Career and technology centers and career and technical education courses, |
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| 120 | 119 | | either within the district or in other school districts offered through cooperative |
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| 121 | 120 | | arrangements approved by the state board for career and technical education, |
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| 122 | 121 | | regardless of whether the students transported live within the incorporated limits |
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| 123 | 122 | | of the city in which the students' school is located. |
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| 124 | 123 | | 6.To be eligible for special education miles, a student transported by a family member |
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| 125 | 124 | | must: |
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| 126 | 125 | | a.Be a student with a disability as defined in chapter 15.1 - 32; |
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| 130 | 128 | | c.Be transported by an adult family member in family provided transportation |
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| 131 | 129 | | reimbursed by the school district for no more than two round trips per day |
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| 132 | 130 | | between the home of the student and the school. |
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| 133 | 131 | | 7.If a school district ceases to exist, the superintendent of public instruction shall adjust, |
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| 134 | 132 | | in the first year after closure, the transportation average daily membership equivalents |
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| 135 | 133 | | of each school district in the state which enrolls students who attended the former |
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| 136 | 134 | | school. The superintendent of public instruction shall determine the transportation |
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| 137 | 135 | | average daily membership equivalents the former school district would have been |
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| 138 | 136 | | entitled to for providing transportation services during the school district's final year of |
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| 139 | 137 | | operation and shall prorate those transportation average daily membership |
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| 140 | 138 | | equivalents to each enrolling school district based on the number of students enrolled |
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| 141 | 139 | | from the former school. Transportation average daily membership equivalents of the |
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| 142 | 140 | | enrolling school districts after the first year will be based on reported transportation |
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| 143 | 141 | | average daily membership equivalents. |
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| 144 | 142 | | 8.This section does not apply to miles and runs: |
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| 145 | 143 | | a.Incurred in providing transportation for students to attend extracurricular activities |
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| 146 | 144 | | or events; or |
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| 147 | 145 | | b.Related to students who are participating in open enrollment, or who are enrolled |
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| 148 | 146 | | pursuant to a written contract entered by the sending and admitting districts |
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| 149 | 147 | | which waives the charge and collection of tuition for the student. |
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| 182 | 179 | | Legislative Assembly |
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| 183 | 180 | | 9.The superintendent of public instruction may adopt rules relating to information |
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| 184 | 181 | | reported by school districts and reporting deadlines. |
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| 185 | 182 | | SECTION 2. AMENDMENT. Section 15.1-31-05 of the North Dakota Century Code is |
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| 186 | 183 | | amended and reenacted as follows: |
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| 187 | 184 | | 15.1-31-05. Open enrollment - Transportation. |
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| 188 | 185 | | A school district of residence may provide transportation to a student participating in open |
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| 189 | 186 | | enrollment. If a district of residence does not provide transportation to a student participating in |
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| 190 | 187 | | open enrollment, transportation may be provided by the admitting district. A school district may |
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| 191 | 188 | | not receive transportation aid disbursements under subdivision a of subsection 1 of section |
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| 192 | 189 | | 15.1-27-26.1 or subsection 3 of section 15.1-27-26.1 forinclude any factors associated with |
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| 193 | 190 | | transporting students who are participating in open enrollment, or who are enrolled pursuant to |
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| 194 | 191 | | a written contract entered by the sending and admitting districts which waives the charge and |
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| 195 | 192 | | collection of tuition for the student in the calculation of transportation average daily membership |
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| 196 | 193 | | equivalents under section 2 of this Act. |
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| 197 | 194 | | SECTION 3. REPEAL. Sections 15.1-27-26.1, 15.1-27-27.1, 15.1-27-28.1, 15.1-27-30.1, |
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| 198 | 195 | | and 15.1-27-31.1 of the North Dakota Century Code are repealed. |
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