R277-600-11. Exceptions

  (1)(a) When undue hardships and inequities are created through exact application of these standards, a school district may request an exception to these rules from the Superintendent for individual cases.

  (b) Hardships or inequities under Subsection (1)(a) may include written evidence demonstrating that no significant increased costs (less than one percent of a school district's transportation budget) is incurred due to a waiver or that students cannot be provided services consistent with the law due to transportation exigencies.

  (c) The Superintendent may consult with the Pupil Transportation Advisory Committee in considering the exemption.

  (2) A school district shall not be penalized in the computation of its state allocation for the presence on an approved to and from school route of an ineligible student who does not create an appreciable increase in the cost of the route.

  (3) There is an appreciable increase in cost under Subsection (2) if, because of the presence of ineligible students, any of the following occurs:

  (a) another route is required;

  (b) a larger or additional bus is required;

  (c) a route's mileage is increased;

  (d) the number of pick-up points below the mileage limits for eligible students exceeds one; and

  (e) significant additional time is required to complete a route.

  (4)(a) An ineligible student may ride a school bus on a space available basis.

  (b) An eligible student may not be displaced or required to stand in order to make room for an ineligible student.