Amends existing law to revise provisions regarding the transportation support program.

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	11
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

-- 1 of 5 --

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,	11
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

-- 2 of 5 --

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	11
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

-- 3 of 5 --

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	11
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

-- 4 of 5 --

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

-- 5 of 5 --