Tex. Educ. Code Section 48.151
Transportation Allotment


Each district or county operating a transportation system is entitled to allotments for transportation costs as provided by this section.


As used in this section:


“Regular eligible student” means a student who:


resides two or more miles from the student’s campus of regular attendance, measured along the shortest route that may be traveled on public roads, and who is not classified as a student eligible for special education services; or


is a homeless child or youth, as defined by 42 U.S.C. Section 11434a.


“Eligible special education student” means a student who is eligible for special education services under Section 29.003 (Eligibility Criteria) and who would be unable to attend classes without special transportation services.


Each district or county operating a regular transportation system is entitled to an allotment based on a rate per mile per regular eligible student set by the legislature in the General Appropriations Act.


A district or county may apply for and on approval of the commissioner receive an additional amount of up to 10 percent of its regular transportation allotment to be used for the transportation of children living within two miles of the school they attend who would be subject to hazardous traffic conditions or a high risk of violence if they walked to school.


For purposes of Subsection (d), each board of trustees shall provide to the commissioner an explanation of the hazardous traffic conditions or areas presenting a high risk of violence applicable to that district and shall identify the specific hazardous or high-risk areas for which the allocation is requested. A hazardous traffic condition exists where no walkway is provided and children must walk along or cross a freeway or expressway, an underpass, an overpass or a bridge, an uncontrolled major traffic artery, an industrial or commercial area, or another comparable condition. An area presents a high risk of violence if law enforcement records indicate a high incidence of violent crimes in the area. Each board of trustees requesting funds for an area presenting a high risk of violence must, in addition to the explanation required by this subsection, provide the commissioner with consolidated law enforcement records that document violent crimes identified by reporting agencies within the relevant jurisdiction.


A district or county may use all or part of any funds received under Subsection (d) to support community walking transportation programs, including walking school bus programs, provided that the district or county requires each supported program to submit a financial report to the district or county each semester that covers services provided by the program for the benefit of the district or county. The commissioner shall adopt rules governing the transportation allotment as necessary to permit a district or county to receive funds under Subsection (d) that may be used to support innovative school safety projects, including community walking transportation programs as provided by this subsection and any other appropriate safety project, including rules defining an approved walking route mile that may be used as necessary in implementing this subsection.


The commissioner may grant an amount set by appropriation for private or commercial transportation for eligible students from isolated areas. The need for this type of transportation grant shall be determined on an individual basis and the amount granted shall not exceed the actual cost. The grants may be made only in extreme hardship cases. A grant may not be made if the students live within two miles of an approved school bus route.


The cost of transporting career and technology education students from one campus to another inside a district, from a sending district to another secondary public school for a career and technology program or an area career and technology school or to an approved post-secondary institution under a contract for instruction approved by the agency, or from a district campus to a location at which students are provided work-based learning under the district’s career and technology program shall be reimbursed based on the number of actual miles traveled times the district’s official extracurricular travel per mile rate as set by the board of trustees and approved by the agency.


A school district or county that provides special transportation services for eligible special education students is entitled to a state allocation paid on a previous year’s cost-per-mile basis. The rate per mile allowable shall be set by appropriation based on data gathered from the first year of each preceding biennium. Districts may use a portion of their support allocation to pay transportation costs, if necessary. The commissioner may grant an amount set by appropriation for private transportation to reimburse parents or their agents for transporting eligible special education students. The mileage allowed shall be computed along the shortest public road from the student’s home to school and back, morning and afternoon. The need for this type transportation shall be determined on an individual basis and shall be approved only in extreme hardship cases.


Funds allotted under this section must be used in providing transportation services. Transporting a meal or instructional materials as provided by Subsection (n) is included in transportation services under this subsection.


In the case of a district belonging to a county transportation system, the district’s transportation allotment for purposes of determining a district’s foundation school program allocations is determined on the basis of the number of approved daily route miles in the district.


The Texas School for the Deaf is entitled to an allotment under this section. The commissioner shall determine the appropriate allotment.


Notwithstanding any other provision of this section, the commissioner may not reduce the allotment to which a district or county is entitled under this section because the district or county provides transportation for an eligible student to and from a child-care facility, as defined by Section 42.002 (Definitions), Human Resources Code, or a grandparent’s residence instead of the student’s residence, as authorized by Section 34.007 (Public School Transportation System) of this code.


A school district may, with the funds allotted under this section, provide a bus pass or card for another transportation system to each student who is eligible to use the regular transportation system of the district but for whom the regular transportation system of the district is not a feasible method of providing transportation. The commissioner by rule shall provide procedures for a school district to provide bus passes or cards to students under this subsection.


A school district shall be reimbursed on a per-mile basis for the cost of transporting a dual credit student to another campus in the district, a campus in another district, or a postsecondary educational institution for purposes of attending the course, if the course is not available at the student’s campus.


For the duration of a declared disaster, a school district located in an area that is wholly or partly the subject of a disaster declaration by the governor under Chapter 418 (Emergency Management), Government Code, or by the president of the United States may be reimbursed on a per-mile basis for the cost of transporting a meal or instructional materials to a student’s residence or to another location, designated by the district, for pick up by the student.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 17, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 169, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 201, Sec. 32, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 352 (H.B. 3506), Sec. 1, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 524 (S.B. 195), Sec. 1, eff. September 1, 2017.
Transferred, redesignated and amended from Education Code, Section 42.155 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.033, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 516 (S.B. 462), Sec. 1, eff. September 1, 2021.

Source: Section 48.151 — Transportation Allotment, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­48.­htm#48.­151.

State Policy
Purposes of Foundation School Program
Student Eligibility
Administration of the Program
Average Daily Attendance
Average Daily Attendance for Districts in Disaster Area
Off-campus Programs Approved for Purposes of Average Daily Attendance
Required Peims Reporting
Determination of Funding Levels
Commissioner Authority to Resolve Unintended Consequences from School Finance Formulas
Basic Allotment
Incentive for Additional Instructional Days
Sparsity Adjustment
Allotment for Certain Special-purpose School Districts
Off-campus Courses or Programs Counted for Purposes of Average Daily Attendance
Small and Mid-sized District Allotment
Special Education
Allotment for Student with Dyslexia or Related Disorder
Compensatory Education Allotment
Bilingual Education Allotment
Career and Technology Education Allotment
Public Education Grant Allotment
Early Education Allotment
Gifted and Talented Student Allotment
College, Career, or Military Readiness Outcomes Bonus
Fast Growth Allotment
Teacher Incentive Allotment
Mentor Program Allotment
School Safety Allotment
Transportation Allotment
New Instructional Facility Allotment
Dropout Recovery School and Residential Placement Facility Allotment
Tuition Allotment for Districts Not Offering All Grade Levels
College Preparation Assessment Reimbursement
Certification Examination Reimbursement
Tier Two Allotment
Limitation on Enrichment Tax Rate
Computation of Aid for District on Military Reservation or at State School
School District Entitlement for Certain Students
Additional State Aid for Tax Increment Financing Payments
Additional State Aid for Ad Valorem Tax Credits Under Texas Economic Development Act
State Compression Percentage
Local Revenue Level in Excess of Entitlement
Adjustment for Rapid Decline in Taxable Value of Property
Adjustment for Optional Homestead Exemption
Adjustment for Property Value Affected by State of Disaster
Reimbursement for Disaster Remediation Costs
Adjustments for Certain Districts Receiving Federal Impact Aid
Adjustment for District Operating Pilot Program
Adjustment for Certain Districts with Early High School Graduation Programs
Excess Funds for Video Surveillance of Special Education Settings
Distribution of Foundation School Fund
Adjustment by Commissioner
Adjustment for Resolution of Dispute or Error Resulting in Taxation of Same Property by Multiple School Districts
Estimates Required
Falsification of Records
Effect of Appraisal Appeal
Recovery of Overallocated Funds
Foundation School Fund Transfers
Foundation School Fund Transfers to Certain Charter Schools
Use of Certain Funds
Formula Transition Grant
Equalized Wealth Transition Grant
Maintenance of State Financial Support for Special Education
Additional Assistance for Districts with Students Using Public Education Grants
Subsidy for High School Equivalency Examination for Certain Individuals
Additional State Aid for Regional Education Service Center Staff Salary Increases
Texas Commission on Special Education Funding
Presiding Officer
Compensation and Reimbursement
Administrative Support and Funding
Public Meetings and Public Information
Commission Abolished
Compensatory Education Allotment Advisory Committee
Additional State Aid for Certain Ad Valorem Tax Refunds
Additional State Aid for Adjustment of Limitation on Tax Increases on Homestead of Elderly or Disabled
Additional State Aid for Homestead Exemption
Maximum Compressed Tax Rate
Limitation on Maximum Compressed Rate
Posting on Agency Website of Information Related to Reduction of Limitation of Tax on Homesteads of Elderly or Disabled
One-time Reimbursement for Winter Storm Uri
Adjustments for Texas First Early High School Completion Program Graduates
Recovery of Funds from Excessive Taxation
Gifts, Grants, and Donations
Last Updated

2 months ago
(July 23, 2023)

§ 48.151’s source at texas​.gov