Whenever the cost of providing student transportation exceeds funding provided by the state, the Governing Board may charge fees for home-to-school student transportation and other transportation services as expressly authorized by law.
(cf. 3260 - Fees and Charges)
(cf. 3540 - Transportation)
The Superintendent or designee shall annually submit proposed transportation fee schedules for Board approval.
The transportation fee shall be waived for students with demonstrated financial need in accordance with Education Code 39807.5. Eligibility for free transportation based on financial need shall be determined in accordance with the income eligibility scales used for the free and reduced-price lunch program.
(cf. 3553 - Free and Reduced Price Meals)
In addition, no charge shall be made for any transportation of a student with a disability whose individualized education program includes transportation as a related service necessary to receive a free appropriate public education. (Education Code 39807.5)
(cf. 3541.2 - Transportation for Students with Disabilities)
(cf. 6159 - Individualized Education Program)
The Board shall certify to the County Superintendent of Schools that the district has levied fees in accordance with law and that, in the event that excess fees have been charged, the fees have been reduced and excess fee revenue eliminated. (Education Code 39809.5)
Legal Reference:
EDUCATION CODE
10900-10914.5 Community recreation program, especially:
10913 Fees for uses of school buses for community recreation purposes
35330 Excursions or field trips
39800-39860 Transportation, especially:
39801.5 Transportation fees for adults
39807.5 Payment of transportation cost; amount of payment
39809.5 Excess fees; adjustments
39837 Fees for summer employment transportation
41850 Home-to-school and special education transportation
49014 Public School Fair Debt Collection Act
49557-49558 Applications for free and reduced-price meals
56026 Individuals with exceptional needs
CODE OF REGULATIONS, TITLE 5
350 Fees not permitted
COURT DECISIONS
Arcadia Unified School District et al v. State Department of Education, 2 Cal. 4th 251 (1992)
Hartzell v. Connell, 35 Cal.3d 899 (1984)
Management Resources:
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Pupil Fees, Deposits and Other Charges, Fiscal Management Advisory 17-01, July 28, 2017
WEB SITES
CSBA: http://www.csba.org
California Department of Education: http://www.cde.ca.gov
Policy SANTA CLARA UNIFIED SCHOOL DISTRICT
adopted: September 9, 2004 Santa Clara, California
revised: April 25, 2013
revised: September 24, 2015
revised: August 8, 2019