School Transportation Regulation

(Consolidated up to 67/2023) alberta regulation 96/2019 Education Act SCHOOL TRANSPORTATION REGULATION Table of Contents 1 Definitions 2 Transportation criteria 3 Distance from loading point 4 Calculating distance 5 Specialized supports and services outside attendance area 6 Student residing outside areas 7 Transportation fee amount limitations 8 Board policies 9 Transportation fee schedule 10 Publication of policies and fee schedule 11 Collection and use statement 12 Charter schools 13 Expiry 14 Repeal 15 Coming into force Definitions 1 In this Regulation, (a) “attendance area”, with respect to a school, means an attendance area established by the board for the school; (a.1) “loading point” means a location where a student loads and unloads from a school bus or any other vehicle; (b) “transportation service area” means the area surrounding a school in which a board establishes school bus routes on which students may be transported to and from the school. AR 96/2019 s1;67/2023 Transportation criteria 2 For the purpose of section 59(1)(c) of the Act, the following criteria are established: (a) if the student is in grade 6 or lower, the student resides at least 1.6 km from the site of the school; (b) if the student is in grade 7 or higher, the student resides at least 2 km from the site of the school. AR 96/2019 s2;67/2023 Distance from loading point 3 If the board must provide for the transportation of a student under section 59(1) of the Act, the board must ensure that a loading point for the transportation of the student is less than the following distance from the student’s residence: (a) if the student is in grade 6 or lower, 1.6 km; (b) if the student is in grade 7 or higher, 2 km. AR 96/2019 s2;67/2023 Calculating distance 4 (1) In this section, (a) “motor vehicle” means a motor vehicle as defined in the Traffic Safety Act but does not include an off‑highway vehicle as defined in that Act; (b) “roadway” means any road, street, avenue, highway, lane, alley, bridge or other place, or any part of any of them, that is intended for the public passage of motor vehicles but excludes a roadway or portion of a roadway that is (i) not developed, (ii) privately owned, or (iii) a sidewalk or ditch. (2) For the purposes of calculating distances under this Regulation, (a) the distance of a student’s residence from the site of a school is the shortest driving distance on roadways between (i) the point on a roadway that is closest to the school’s main entrance doors, and (ii) the closest roadway access to the student’s residence, and (b) the distance of a student’s residence from a loading point for the student is the shortest driving distance on roadways between (i) the loading point, and (ii) the closest roadway access to the student’s residence. (3) For the purposes of calculating distances under subsection (2), the following must not be counted: (a) in subsection (2)(a) and (b), any driving distance on the property where the student’s residence is located; (b) in subsection (2)(a), any driving distance on the site of the school. AR 96/2019 s2;67/2023 Specialized supports and services outside attendance area 5 If a student is entitled to access to specialized supports and services under section 11(4) of the Act but does not reside in the attendance area for any school that provides specialized supports and services that are suitable for the student, the board of which the student is a resident student must provide for the transportation of the student to and from the school that provides the specialized supports and services in which the board enrols the student. Student residing outside areas 6 (1) If a student is enrolled in a school pursuant to section 10(2) or (4) of the Act but does not reside in the attendance area or the transportation service area for that school, the student or the parent of the student must provide for the transportation of the student (a) to and from the school, or (b) to and from a designated stop on a school bus route in the transportation service area for that school. (2) If a student or the parent of a student chooses to provide transportation in accordance with subsection (1)(b), the board that enrolled the student in the school must provide for the transportation of the student between the school and the designated stop closest to the student’s residence on a school bus route in the transportation service area for that school. (3) Subsection (2) does not apply unless there is a seat available for the student on the school bus after the students referred to in section 59(1) of the Act are accommodated on that school bus. AR 96/2019 s6;67/2023 Transportation fee amount limitations 7 (1) A fee charged under section 59(3) of the Act respecting the transportation of students in accordance with section 59(1) of the Act and this Regulation must not exceed the average difference per student between (a) the estimated cost to the board of transporting those students, and (b) the funding received by the board under the Ministerial Grants Regulation (AR 215/2022) in respect of the transportation of those students. (2) A fee charged under section 59(3) of the Act respecting the transportation of students other than students referred to in subsection (1) (a) who are eligible for funding under the Ministerial Grants Regulation (AR 215/2022) must not exceed the average difference per student between (i) the estimated costs to the board of transporting those students, and (ii) the funding received by the board under the Education Grants Regulation (AR 120/2008) in respect of the transportation of those students, and (b) who are not eligible for funding under the Education Grants Regulation (AR 120/2008) must not exceed the estimated average cost per student to the board for transporting those students. (3) A fee referred to in this section must be established in accordance with the board policies under section 8(1). (4) Any surplus from fees charged under subsection (1) or (2) must be used to subsidize the cost of transportation of students referred to in that subsection in the 2 school years following the school year in which the surplus was collected. AR 96/2019 s7;9/2023 Board policies 8 (1) A board must establish, maintain and implement policies respecting the transportation of students and the transportation fees it proposes to charge. (2) The board policies must include (a) a requirement to demonstrate to parents the need to charge any transportation fee, including its amount, (b) the circumstances under which any transportation fee may be waived or refunded, (c) the process a parent has to follow to request that a transportation fee be waived or refunded, (d) a process designed to ensure that the staff of each school and the parents of students enrolled in that school are notified of the circumstances under which a transportation fee may be waived or refunded and of the procedures for requesting that a transportation fee be waived or refunded, as the case may be, and (e) with respect to the transportation of students and transportation fees, (i) processes designed to enable the resolution of disputes and concerns between parents and the board, and (ii) any other requirements directed in writing by the Minister. Transportation fee schedule 9 A board must, prior to the commencement of each school year, establish a schedule of transportation fees, in the form, if any, required by the Minister, listing each type of transportation fee, with its amount, that may be charged in that school year. Publication of policies and fee schedule 10 A board must, prior to the commencement of each school year, publish the policies established under section 8 and the transportation fee schedule established under section 9 on the board’s website or in any other manner the board determines would provide parents and the public with notice of the policies and transportation fee schedule. Collection and use statement 11 A board must, on request, provide to the Minister a statement, in the form, if any, required by the Minister, that demonstrates that the transportation fees collected by it have been spent for the purposes for which they were collected. Charter schools 12 This Regulation applies to charter schools in the manner set out under the Charter Schools Exemption and Application Regulation . Expiry 13 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2027. AR 96/2019 s13;76/2022;67/2023 Repeal 14 The School Transportation Regulation (AR 102/2017) is repealed. Coming into force 15 This Regulation comes into force on September 1, 2019.