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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
815
BY
EDUCATION
COMMITTEE
AN
ACT
1
RELATING
TO
EDUCATION;
AMENDING
SECTION
33
-
1006,
IDAHO
CODE,
TO
REVISE
PRO
-
2
VISIONS
REGARDING
THE
TRANSPORTATION
SUPPORT
PROGRAM;
AND
DECLARING
AN
3
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
33
-
1006,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
33
-
1006.
TRANSPORTATION
SUPPORT
PROGRAM.
(1)
The
state
board
of
ed
-
8
ucation
shall
determine
what
costs
of
transporting
pupils,
including
main
-
9
tenance,
operation
and
depreciation
of
basic
vehicles,
insurance,
payments
10
under
contract
with
other
public
transportation
providers
whose
vehicles
1
1
used
to
transport
pupils
comply
with
federal
transit
administration
regula
-
12
tions,
"bus
testing,"
49
CFR
part
665,
and
any
revision
thereto,
as
provided
13
in
subsection
(4)(d)
of
this
section,
or
other
state
department
of
educa
-
14
tion
-
approved
private
transportation
providers,
salaries
of
drivers,
and
15
any
other
costs,
shall
be
allowable
in
computing
the
transportation
support
16
program
of
authorized
transportation
operations.
17
(2)
Any
costs
associated
with
the
addition
of
vehicle
features
that
are
18
not
part
of
the
basic
vehicle
shall
not
be
allowable
in
computing
the
trans
-
19
portation
support
program
of
an
authorized
transportation
operation.
A
ba
-
20
sic
vehicle
is
hereby
defined
as
the
cost
of
the
vehicle
without
optional
21
features,
plus
the
addition
of
essential
safety
features
and
features
nec
-
22
essary
for
the
transportation
of
pupils
with
disabilities.
23
(3)
Each
authorized
transportation
operation
shall
maintain
records
24
and
make
reports
as
are
required
for
the
purposes
of
this
section.
25
(4)
The
transportation
support
program
of
an
authorized
transportation
26
operation
shall
be
based
upon
the
allowable
costs
of:
27
(a)
Transporting
public
school
pupils
one
and
one
-
half
(1
1/2)
miles
or
28
more
to
school;
29
(b)
Transporting
pupils
less
than
one
and
one
-
half
(1
1/2)
miles
as
pro
-
30
vided
in
section
33
-
1501,
Idaho
Code,
when
approved
by
the
state
board
31
of
education;
32
(c)
Payments
when
transportation
is
not
furnished,
as
provided
in
sec
-
33
tion
33
-
1503,
Idaho
Code;
34
(d)
The
transportation
program
for
kindergarten
through
grade
12,
35
upon
the
costs
of
payments
pursuant
to
a
contract
with
other
public
or
36
private
transportation
providers
entered
into
as
provided
in
section
37
33
-
1510,
Idaho
Code,
if
the
authorized
transportation
operation
estab
-
38
lishes
that
the
reimbursable
costs
of
transportation
under
the
contract
39
are
equal
to
or
less
than
the
costs
for
school
buses;
40
(e)
The
employer's
share
of
contributions
to
the
public
employee
re
-
41
tirement
system
and
to
social
security;
and
42
2
(f)
Providing
transportation
to
and
from
approved
school
activities
as
1
may
be
approved
by
the
rules
of
the
state
board
of
education.
2
(5)
The
state's
share
of
the
transportation
support
program
shall
be
3
fifty
percent
(50%)
of
reimbursable
transportation
costs
incurred
by
the
4
authorized
transportation
operation
during
the
immediately
preceding
state
5
fiscal
year,
except
for
the
cost
of
state
department
of
education
training
6
and
fee
assessments
and
bus
depreciation
and
maintenance,
for
which
the
7
state's
share
shall
be
eighty
-
five
percent
(85%)
of
such
costs.
The
state's
8
share
for
authorized
transportation
operations
that
contract
for
pupil
9
transportation
services
shall
be
the
average
state
share
of
costs
for
autho
-
10
rized
transportation
operations
that
are
school
district
-
run
operations,
1
1
based
on
the
statewide
total
of
such
costs.
Provided
however,
that
the
reim
-
12
bursable
costs
for
any
authorized
transportation
operation
shall
not
exceed
13
one
hundred
three
percent
(103%)
of
the
statewide
average
reimbursable
14
cost
per
mile
or
the
statewide
average
reimbursable
cost
per
student
rider,
15
whichever
is
more
advantageous
to
the
authorized
transportation
provider.
16
If
an
authorized
transportation
operation's
costs
exceed
the
one
hundred
17
three
percent
(103%)
limit
when
computed
by
the
more
advantageous
of
the
two
18
(2)
methods,
that
authorized
transportation
operation
shall
be
reimbursed
19
at
the
appropriate
percentage
designated
by
this
subsection,
multiplied
20
by
the
maximum
limit
for
whichever
method
is
more
favorable
to
the
autho
-
21
rized
transportation
operation.
An
authorized
transportation
operation
may
22
appeal
the
application
of
the
one
hundred
three
percent
(103%)
limit
on
reim
-
23
bursable
costs
to
the
state
board
of
education,
which
may
establish
for
that
24
authorized
transportation
operation
a
new
percentile
limit
for
reimbursable
25
costs
compared
to
the
statewide
average,
which
is
higher
than
one
hundred
26
three
percent
(103%).
In
doing
so,
the
state
board
of
education
may
set
a
27
new
limit
that
is
greater
than
one
hundred
three
percent
(103%),
but
is
less
28
than
the
percentile
limit
requested
by
the
authorized
transportation
oper
-
29
ation.
However,
the
percentage
increase
in
the
one
hundred
three
percent
30
(103%)
cap
shall
not
exceed
the
percentage
of
the
authorized
transportation
31
operation's
bus
runs
that
qualify
as
a
hardship
bus
run,
pursuant
to
this
32
subsection.
Any
costs
above
the
new
level
established
by
the
state
board
of
33
education
shall
not
be
reimbursed.
Such
a
change
shall
only
be
granted
by
the
34
state
board
of
education
for
hardship
bus
runs.
To
qualify
as
a
hardship
bus
35
run,
such
bus
run
shall
meet
at
least
two
(2)
of
the
following
criteria:
36
(a)
The
number
of
student
riders
per
mile
is
less
than
fifty
percent
37
(50%)
of
the
statewide
average
number
of
student
riders
per
mile;
38
(b)
Less
than
a
majority
of
the
miles
on
the
bus
run
are
by
paved
sur
-
39
face,
concrete
or
asphalt
road;
40
(c)
Over
ten
percent
(10%)
of
the
miles
driven
on
the
bus
run
are
a
five
41
percent
(5%)
slope
or
greater.
42
(6)
Beginning
on
July
1,
2005,
any
eligible
home
-
based
public
virtual
43
school
may
claim
transportation
reimbursement
for
the
prior
fiscal
year's
44
cost
of
providing
educational
services
to
students.
In
order
to
be
eligi
-
45
ble,
such
a
school
shall
have
at
least
one
(1)
average
daily
attendance
divi
-
46
sor,
pursuant
to
section
33
-
1002,
Idaho
Code,
that
is
greater
than
the
median
47
divisor
shown
for
any
category
of
pupils,
among
the
actual
divisors
listed.
48
For
the
purposes
of
paragraphs
(a),
(b)
and
(c)
of
this
subsection,
"educa
-
49
tion
provider"
means
the
home
-
based
public
virtual
school
or
an
entity
that
50
3
has
legally
contracted
with
the
home
-
based
public
virtual
school
to
supply
1
education
services.
Reimbursable
costs
shall
be
limited
to
the
costs
of:
2
(a)
Providing
an
internet
connection
service
between
the
student
and
3
the
education
provider,
not
including
the
cost
of
telephone
service;
4
(b)
Providing
electronic
and
computer
equipment
used
by
the
student
5
to
transmit
educational
material
between
the
student
and
the
education
6
provider;
7
(c)
Providing
a
toll
-
free
telephone
service
for
students
to
communi
-
8
cate
with
the
education
provider;
9
(d)
Providing
education
-
related,
face
-
to
-
face
visits
by
representa
-
10
tives
of
the
home
-
based
public
virtual
school,
with
such
reimbursements
1
1
limited
to
the
mileage
costs
set
for
state
employee
travel
by
the
state
12
board
of
examiners;
and
13
(e)
Any
actual
pupil
transportation
costs
that
would
be
reimbursable
14
if
claimed
by
an
authorized
transportation
operation
that
is
a
school
15
district.
16
The
total
reimbursement
for
such
home
-
based
public
virtual
schools
shall
be
17
exempt
from
the
statewide
average
cost
per
mile
limitations
of
this
section.
18
The
state's
share
of
reimbursable
costs
shall
be
eighty
-
five
percent
(85%),
19
subject
to
the
statewide
cost
per
student
rider
provisions
of
this
section.
20
For
the
purposes
of
such
home
-
based
public
virtual
school,
the
number
of
stu
-
21
dent
riders
shall
be
the
same
as
the
number
of
pupils
in
average
daily
atten
-
22
dance.
23
(7)
The
state
department
of
education
shall
calculate
the
amount
of
24
state
funds
lost
in
fiscal
year
2010
by
each
authorized
transportation
oper
-
25
ation
as
a
result
of
the
decrease
in
the
state
reimbursement
from
eighty
-
five
26
percent
(85%)
to
fifty
percent
(50%)
of
certain
eligible
costs,
including
27
the
reduction
calculated
for
authorized
transportation
operations
that
con
-
28
tract
for
pupil
transportation
services,
and
excluding
any
reductions
made
29
due
to
the
limitation
on
reimbursable
expenses,
all
pursuant
to
subsection
30
(5)
of
this
section.
The
amount
so
calculated
shall
be
distributed
to
each
31
authorized
transportation
operation
in
fiscal
year
2010.
For
each
fiscal
32
year
thereafter,
the
amount
distributed
pursuant
to
this
subsection
for
each
33
authorized
transportation
operation
shall
be
determined
as
follows:
34
(a)
Divide
the
amount
distributed
to
the
authorized
transportation
op
-
35
eration
pursuant
to
this
subsection
in
fiscal
year
2010
by
the
autho
-
36
rized
transportation
operation's
support
units
for
fiscal
year
2010;
37
(b)
Multiply
the
result
of
the
calculation
found
in
paragraph
(a)
of
38
this
subsection
by
the
number
of
support
units
in
the
current
fiscal
39
year,
excluding
any
support
units
attributable
to
students
educated
40
primarily
through
home
-
based
or
virtual
means;
41
(c)
Determine
the
percentage
change
in
statewide
transportation
reim
-
42
bursements
as
provided
for
in
subsection
(5)
of
this
section
since
fis
-
43
cal
year
2010;
44
(d)
Determine
the
percentage
change
in
statewide
student
enrollment
45
since
fiscal
year
2010;
46
(e)
Subtract
the
result
of
the
calculation
found
in
paragraph
(d)
of
47
this
subsection
from
the
result
of
the
calculation
found
in
paragraph
48
(c)
of
this
subsection;
49
4
(f)
Adjust
the
result
of
the
calculation
found
in
paragraph
(b)
of
this
1
subsection
by
the
percentage
result
from
paragraph
(e)
of
this
subsec
-
2
tion.
3
For
authorized
transportation
operations
that
are
school
districts
4
that
divided
after
fiscal
year
2010,
the
calculation
in
paragraph
(a)
of
5
this
subsection
shall
still
be
based
on
the
fiscal
year
2010
figures
for
the
6
formerly
consolidated
district.
For
authorized
transportation
operations
7
that
are
public
charter
schools
beginning
operations
on
or
after
July
1,
8
2009,
all
calculations
in
this
subsection
that
are
based
on
fiscal
year
2010
9
shall
instead
be
based
on
the
public
charter
school's
first
fiscal
year
of
10
operations.
For
public
charter
schools
beginning
authorized
transportation
1
1
operations
before
July
1,
2009,
that
received
a
transportation
distribution
12
of
less
than
three
thousand
dollars
($3,000)
in
the
2010
fiscal
year,
all
13
calculations
in
this
subsection
that
are
based
on
fiscal
year
2010
shall
14
instead
be
based
on
the
public
charter
school's
first
fiscal
year
of
full
15
operations
after
the
2010
fiscal
year.
For
the
purposes
of
this
subsection,
16
the
support
units
used
shall
be
the
number
used
for
calculating
salary
-
based
17
apportionment.
Funds
distributed
pursuant
to
this
subsection
shall
be
used
18
to
defray
the
cost
of
pupil
transportation.
If
the
amount
distributed
is
19
in
excess
of
an
authorized
transportation
operation's
actual
pupil
trans
-
20
portation
costs,
less
any
state
reimbursements
provided
by
subsection
(5)
of
21
this
section,
the
excess
funds
may
be
used
at
the
authorized
transportation
22
operation's
discretion.
23
(8)
Notwithstanding
the
provisions
of
subsection
(5)
of
this
section,
24
the
state's
share
of
the
transportation
support
program
will
be
based
on
25
reimbursable
transportation
costs
incurred
by
an
authorized
transportation
26
provider
during
the
state
fiscal
year
prior
to
the
immediately
preceding
27
state
fiscal
year
if,
during
the
immediately
preceding
state
fiscal
year:
28
(a)
An
emergency
occurred
in
the
state
or
in
the
area
where
the
au
-
29
thorized
transportation
operation
is
located.
For
purposes
of
this
30
subsection,
an
emergency
includes
but
is
not
limited
to
school
closures
31
caused
by
extreme
weather
conditions,
a
fire,
an
epidemic,
or
pollution
32
of
air
or
water;
and
33
(b)
As
a
direct
result
of
such
emergency,
the
reimbursable
transporta
-
34
tion
costs
of
an
authorized
transportation
operation
decreased
by
at
35
least
ten
percent
(10%)
from
the
prior
fiscal
year.
36
(9)
Notwithstanding
any
provisions
of
law
to
the
contrary,
for
the
du
-
37
ration
of
an
emergency
described
in
subsection
(8)
of
this
section,
the
miles
38
for
which
transportation
costs
may
be
reimbursed
will
be
miles:
39
(a)
Directly
associated
with
transporting
students
for
the
purpose
of
40
school
attendance
during
regular
days
and
hours;
or
41
(b)
Related
to
the
delivery
of
food,
delivery
of
instructional
mate
-
42
rials,
or
other
trips
supporting
the
continuation
of
educational
ser
-
43
vices.
44
(10)
As
used
in
this
section,
"authorized
transportation
operation"
45
means
a
school
district
or
public
charter
school
transportation
program
au
-
46
thorized
by
the
state
department
of
education
that
may
include
the
use
of
any
47
vehicles
authorized
pursuant
to
chapter
15,
title
33,
Idaho
Code.
48
5
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3