Section 8-27-4 - Limitations(a) This chapter is conditioned upon the amount of funds made available to the department to provide transportation to students.(b) Transportation shall be limited to transportation of students from the home to school and return. Transportation from home to school and return shall be from a designated school bus stop unless curb-to-curb transportation services, travel to and from school and between schools, travel in and around school buildings, and specialized equipment (such as special or adapted buses, lifts, and ramps), are required to provide special transportation for a student with a disability pursuant to a student's lEP or Section 504.(c) When transportation other than to and from school and a location other than a student's home is requested, it shall be referred to the department. The department may provide transportation if there are no additional costs involved.(d) The transportation may be provided to students during the school year, as determined by the department.(e) Any elementary student capable of walking may be required to walk or provide the student's own transportation to and from school or to and from a bus stop located more than one mile from the nearest public access to the student's residence. Any secondary student capable of walking may be required to walk or provide the student's own transportation to and from school or to and from a bus stop located more than 1.5 miles from the nearest public access to the student's residence.(f) Elementary students who are required by the department to attend a school out of their public school attendance area shall not be eligible for transportation if their school is less than one mile from their residence and provided that they are capable of walking. Secondary students who are required by the department to attend a school out of their public school attendance area shall not be eligible for transportation if their school is less than 1.5 miles from their residence and provided that they are capable of walking.(g) Students who attend charter schools, learning centers, or schools outside of their public school attendance area, as determined by the students' legal residence, shall not be eligible for transportation or transportation subsidy. This subsection does not apply to: (1) Students with disabilities who attend a public school, which includes charter schools, if transportation is required as a related service pursuant to the students lEP or Section 504;(2) Students with disabilities who are programmatically placed by the IBP team at a public school, which includes charter schools, private school, or facility outside of the student's home school attendance area, as determined by the student's legal residence, if transportation is required as a related service pursuant to the student's lEP or Section 504; and(3) Students who are homeless and are attending their school of origin based upon a feasibility determination made by a school administrator, or are awaiting the outcome of the department's dispute resolution process for McKinney-Vento eligible students.[Eff 3/3/84; comp 9/5/95; am and comp 3/29/03; am and comp 6/15/09] (Auth: HRS § 302A-1112) (Imp: Hawaii Const. Art. X, §3; HRS §§ 302A-1101, 302A-1112, 302A-406, HAR chapter 8-13; P.L. 107-110 )[Am and comp 8/23/19 comp 6/7/2021]