| Sec. 3314.092. (A)(1) A school district board of education
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may surrender the transportation of all native high school
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students enrolled in community schools, in lieu of the district
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transporting those students pursuant to sections 3314.09 and
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3327.01 of the Revised Code, if the board, not later than the
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first day of June of the school year prior to the school year for
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which the surrender is effective, submits a written notice of the
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surrender to the governing authority of each community school in
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which those native high school students are enrolled. The notice
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shall state that the district is planning to transport high school
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students during the next school year but is surrendering to the
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community school the transportation of its native high school
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students enrolled in the community school for that school year, | 30 |
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and
that the community school may apply to the department of | 31 |
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education
for funding for transporting those students or for | 32 |
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arranging for
their transportation. The surrender notice shall be | 33 |
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valid for one
school year and may be renewed each subsequent | 34 |
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school year by a
notice of renewal submitted in the same manner | 35 |
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as the original
surrender notice. If the district board submits a | 36 |
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surrender or
renewal notice in accordance with this section, the | 37 |
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district is
not required to provide transportation for its native | 38 |
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high school
students who are enrolled in the community school | 39 |
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even though it
provides transportation to its other native high | 40 |
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school students.
The surrender or renewal notice does not apply | 41 |
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to students in
grades kindergarten to eight whom the district is | 42 |
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required to
transport under sections 3314.09 and 3327.01 of the | 43 |
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Revised Code. | 44 |
| (B) The governing authority of a community school that
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receives a surrender notice under this section may provide or
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arrange transportation for high school students enrolled in the
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school who would otherwise be transported by the school district
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in which the students are entitled to attend school under that
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district's transportation policy, for which the governing
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authority may apply to the department for funding under division
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(C) of this section. The governing authority shall not charge a
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fee to any student for transportation for which the governing
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authority receives a payment under division (C) of this section.
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As used in this section, "entitled to attend school" means
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entitled to attend school under section 3313.64 or 3313.65 of the
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Revised Code. | 65 |
| (b) For any fiscal year which the general assembly has
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specified that the transportation payments to school districts be
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calculated in accordance with division (D) of section 3317.022 of
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the Revised Code and any rules of the state board of education
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implementing that division, the payment to the community school
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shall be the amount so calculated that otherwise would be paid to
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the school district in which the student is entitled to attend
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school by the method of transportation the district would have
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used. The community school, however, is not required to use the
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same method to transport that student. | 96 |
| (2) The department shall deduct the payment under division
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(C)(1) of this section from the state education aid, as defined in
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section 3314.08 of the Revised Code, and, if necessary, the
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payment under sections 321.14 and 323.156 of the Revised Code,
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that is otherwise paid to the school district in which the student
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enrolled in the community school is entitled to attend school. The
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department shall include the number of the district's native
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students for whom payment is made to a community school under
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division (C)(1) of this section in the calculation of the
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district's transportation payment under division (D) of section
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3317.022 of the Revised Code and the operating appropriations act. | 107 |
| (3) A community school shall be paid under division (C)(1) of
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this section only for students whose transportation to and from
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school is actually provided, who actually utilized transportation
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arranged, or for whom a payment in lieu of transportation is made
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by the community school's governing authority. To qualify for the
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payments, the community school shall report to the department, in
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the form and manner required by the department, data on the number
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of students transported or whose transportation is arranged, the
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number of miles traveled, cost to transport, and any other
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information requested by the department. | 117 |
| (D) Except when arranged through payment to a parent,
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guardian, or person in charge of a child, transportation provided
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or arranged for by a community school under this section is
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subject to all provisions of the Revised Code, and all rules
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adopted under the Revised Code, pertaining to the construction,
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design, equipment, and operation of school buses and other
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vehicles transporting students to and from school. The drivers and
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mechanics of the vehicles are subject to all provisions of the
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Revised Code, and all rules adopted under the Revised Code,
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pertaining to drivers and mechanics of such vehicles. The
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community school also shall comply with sections 3313.201,
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3327.02, 3327.09, and 3327.10 of the Revised Code as if it were a
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school district. | 136 |
| In all city, local, and exempted village school districts
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where resident school pupils in grades kindergarten through eight
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live more than two miles from the school for which the state
board
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of education prescribes minimum standards pursuant to
division (D)
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of section 3301.07 of the Revised Code and to which
they are
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assigned by the board of education of the district of
residence or
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to and from the nonpublic
or community school which they attend
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the board of education shall provide transportation for such
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pupils to and from such school except
as provided in
section
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3327.02 of the Revised Code.
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| In all city, local, and exempted village school districts
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where pupil transportation is required under a career-technical
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plan approved by the state board of education under section
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3313.90 of the Revised Code, for any student attending a
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career-technical program operated by another school district,
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including a joint vocational school district, as prescribed under
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that section, the board of education of the student's district of
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residence shall provide transportation from the public high school
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operated by that district to which the student is assigned to the
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career-technical program.
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| In all city, local, and exempted village school districts
the
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board may provide transportation for resident school pupils
in
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grades nine through twelve to and from the high school to
which
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they are assigned by the board of education of the district
of
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residence or to and from the
nonpublic or community
high school
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which they
attend for which the state board of
education
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prescribes minimum
standards pursuant to division (D) of
section
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3301.07 of the
Revised Code.
However, a school district board need
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not transport resident community high school pupils when the board
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otherwise has elected to transport high school pupils under this
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paragraph, as long as it has surrendered transportation of
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community high school pupils to the community schools in which
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they are enrolled in accordance with section 3314.092 of the
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Revised Code. | 175 |
| In all city, local, and exempted village school districts
the
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board shall provide transportation for all children who are
so
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disabled that they are unable to walk to and from the
school
for
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which the state board of education prescribes minimum
standards
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pursuant to division (D) of section 3301.07 of the
Revised Code
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and which they attend. In case of dispute whether
the
child is
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able to walk to and from the school, the health
commissioner shall
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be the judge of such ability. In all city,
exempted village, and
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local school districts the board shall
provide transportation to
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and from school or special education
classes for educable mentally
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retarded children in accordance
with
standards adopted by the
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state board of education.
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