Oregon Revised Statutes Chapter 327 § 327.043 — When

When district required to provide transportation; supplemental plans and waivers. (1) As used in this section, “alternative transportation,” “public transportation” and “suitable and sufficient” have the meanings given those terms in ORS 327.033. (2) A school district is required to provide transportation for elementary school students who reside more than one mile from school and for secondary school students who reside more than 1.5 miles from school. A school district is also required to provide transportation for any student identified in a supplemental plan approved by the State Board of Education. (3)(a) Notwithstanding subsection (2) of this section, the State Board of Education may waive the requirement to provide transportation to elementary and secondary students under paragraph (b) of this subsection. (b) The State Board of Education may waive the requirement to provide transportation: (A) For some or all of the elementary school students who reside more than one mile from school only if the school district that seeks the waiver provides suitable and sufficient alternative transportation to the elementary school students for whom the school district seeks the waiver. A school district that seeks a waiver under this subparagraph must present to the board a plan for providing suitable and sufficient alternative transportation to the elementary school students. Public transportation is not considered suitable and sufficient for elementary school students. (B) For secondary school students who reside more than 1.5 miles from school only if the school district provides or identifies suitable and sufficient alternative transportation for transporting secondary school students. A school district that seeks a waiver under this subparagraph must present to the board a plan for providing or identifying suitable and sufficient alternative transportation for transporting secondary school students. (4) When submitting to the State Board of Education a supplemental plan or a waiver request that includes alternative transportation and that seeks reimbursement for costs incurred in providing alternative transportation, a school district must include: (a) A comparison of: (A) The school district’s projected approved transportation costs to serve students without alternative transportation; and (B) The school district’s projected approved transportation costs if alternative transportation is approved. (b) For a supplemental plan or a waiver that proposes to use alternative transportation for one or more routes not previously included in a supplemental plan or a waiver, an explanation of why the school district has determined that the use of alternative transportation for the route is necessary. (c) For a waiver request that proposes to use public transportation for secondary school students, an explanation of how: (A) The use of public transportation qualifies for approved transportation costs under ORS