Existing law provides for the provision of transportation services by school districts, including by schoolbus, as defined, and requires the State Board of Education to adopt reasonable regulations relating to the use of schoolbuses by school districts and others. Existing law requires the Department of the California Highway Patrol to adopt regulations regarding the safe operation of schoolbuses, as prescribed.

Under existing law, the governing board of a school district is authorized to use and operate any bus owned or under lease to the school district to transport pupils to and from their places of employment during the summer in connection with a summer employment program for youth, and required to adequately insure against the liability of the school district, members of the governing board, and officers and employees of the school district in connection with furnishing the transportation. Existing law also authorizes the governing board of a school district to use schoolbuses to transport persons other than pupils for purposes of specified community recreation activities, and to transport school district employees and parents of pupils to and from educational activities authorized by the school district.

This bill would authorize the governing board of a school district to additionally provide for the transportation of adult volunteers to and from educational activities authorized by the school district.

Existing law provides for the provision of transportation services by school districts, including by schoolbus, as defined, and requires the State Board of Education to adopt reasonable regulations relating to the use of schoolbuses by school districts and others. Existing law requires the Department of the California Highway Patrol to adopt regulations regarding the safe operation of schoolbuses, as prescribed.

Under existing law, the governing board of a school district is authorized to use and operate any bus owned or under lease to the school district to transport pupils to and from their places of employment during the summer in connection with a summer employment program for youth, and required to adequately insure against the liability of the school district, members of the governing board, and officers and employees of the school district in connection with furnishing the transportation. Existing law also authorizes the governing board of a school district to use schoolbuses to transport persons other than pupils for purposes of specified community recreation activities, and to transport school district employees and parents of pupils to and from educational activities authorized by the school district.

This bill would authorize the governing board of a school district to additionally provide for the transportation of adult volunteers to and from educational activities authorized by the school district.

Existing law provides for the provision of transportation services by school districts, including by schoolbus, as defined, and requires the State Board of Education to adopt reasonable regulations relating to the use of schoolbuses by school districts and others. Existing law requires the Department of the California Highway Patrol to adopt regulations regarding the safe operation of school buses, schoolbuses, as prescribed.

Under existing law, the governing board of a school district is authorized to use and operate any bus owned or under lease to the school district to transport pupils to and from their places of employment during the summer in connection with a summer employment program for youth, and required to adequately insure against the liability of the school district, members of the governing board, and officers and employees of the school district in connection with furnishing the transportation. Existing law also authorizes the governing board of a school district to use schoolbuses to transport persons other than pupils for purposes of specified community recreation activities, and to transport school district employees and parents of pupils to and from educational activities authorized by the school district.

This bill would authorize the governing board of a school district to use and operate any bus owned or under lease to the school district for the additionally provide for the transportation of adult volunteers to and from a school within the school district for the purpose of participating in volunteer activities with pupils at the school, and would require the school district to provide adequate liability insurance, as specified. educational activities authorized by the school district.

Existing law prohibits shooting at an inhabited house, housecar, or camper, or an occupied building, vehicle, or aircraft. Existing law also prohibits shooting at an uninhabited house or unoccupied building, vehicle, or aircraft. Existing law additionally prohibits the discharge of a firearm in a grossly negligent manner.

This bill would express the intent of the Legislature to enact legislation prohibiting the discharge of a firearm into the air on New Years Eve.

 THIRD READING  

Bill No: AB 1453

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 7-0, 6/14/17

AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes school districts to use schoolbuses to transport adult volunteers to and from educational activities.

ANALYSIS:

Existing law:

1. Authorizes school districts to provide for the transportation of employees of the districts and of parents to and from educational activities. (Education Code § 39837.5)
   
2. Authorizes school districts to enter into a contract with a public agency for the use of schoolbuses to transport employees of the agency to or from their places of employment if certain conditions are met. (EC § 39840)
   
3. Authorizes school districts to use schoolbuses to transport people for purposes of community recreation, as defined. (EC § 39835)
   
4. Defines a “schoolbus” as a motor vehicle designed, use, or maintained for the transportation of any student in grade 12 or below to or from a public or private school or school activities, and lists exceptions to the definition (such as a vehicle carrying only members of the owner’s family, a schoolbus with flashing red lights and signs covered, a state-owned vehicle operated by a state employee, a public paratransit vehicle). (Vehicle Code § 545)

This bill:

1. Authorizes school districts to use schoolbuses to transport adult volunteers to and from educational activities that are authorized by the district.
   
2. Amends the definition of “schoolbus” in the Vehicle Code to clarify that the reference to the transportation of students and list of exceptions to the definition are not to be construed to prohibit the use of a schoolbus for any activity authorized by the Education Code.

Comments

Conflict between the Codes. The problem addressed by this bill appears to be based on the definition of "schoolbus" in the Vehicle Code, which does not take into account the permissible use of schoolbuses authorized in the Education Code. Based only on the Vehicle Code definition, a schoolbus can be used only to transport students, and if it is to be used to transport anyone other than students, all of the markings and signals that identify it as a schoolbus must be covered (which would remove it from the definition of schoolbus). This conflicts with the Education Code provisions that permit the use of schoolbuses to transport persons other than students.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/26/17)

Riverside County Superintendent of Schools

OPPOSITION: (Verified 6/26/17)

None received

ASSEMBLY FLOOR: 69-0, 5/18/17

AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood

NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon

Prepared by:

6/27/17 17:04:46

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: Hearing Date: June 14, 2017

Subject:

SUMMARY

This bill authorizes school districts to use schoolbuses to transport adult volunteers to and from educational activities.

BACKGROUND

Existing law:

1. Authorizes school districts to provide for the transportation of employees of the districts and of parents to and from educational activities. (Education Code § 39837.5)
   
2. Authorizes school districts to enter into a contract with a public agency for the use of schoolbuses to transport employees of the agency to or from their places of employment if certain conditions are met. (EC § 39840)
   
3. Authorizes school districts to use schoolbuses to transport people for purposes of community recreation, as defined. (EC § 39835)
   
4. Defines a “schoolbus” as a motor vehicle designed, use, or maintained for the transportation of any student in grade 12 or below to or from a public or private school or school activities, and lists exceptions to the definition (such as a vehicle carrying only members of the owner’s family, a schoolbus with flashing red lights and signs covered, a state-owned vehicle operated by a state employee, a public paratransit vehicle). (Vehicle Code § 545)

ANALYSIS

This bill:

1. Authorizes school districts to use schoolbuses to transport adult volunteers to and from educational activities that are authorized by the district.
   
2. Amends the definition of “schoolbus” in the Vehicle Code to clarify that the reference to the transportation of students and list of exceptions to the definition are not to be construed to prohibit the use of a schoolbus for any activity authorized by the Education Code.

STAFF COMMENTS

1. Need for the bill. According to the author, “The purpose of this bill is to resolve a problem faced by the Coachella Valley Unified School District. Specifically, since 2004 the district has partnered with the Read with Me Volunteers Program to connect volunteer tutors (typically retirees) with English learners. Private and district buses are used to transport the volunteers to the schools. The cost is split between the volunteer program and the district. In November 2014 the district was cited by the California Highway Patrol for the misuse of schoolbuses. An effort to replace the district buses with a carpool resulted in more than half of the volunteers dropping out. When the program contracted with a charter bus company to replace the district buses, the cost went from $35,000 for five months to $75,000 for three months.”
   
2. Conflict between the Codes. The problem addressed by this bill appears to be based on the definition of "schoolbus" in the Vehicle Code, which does not take into account the permissible use of schoolbuses authorized in the Education Code. Based only on the Vehicle Code definition, a schoolbus can be used only to transport students, and if it is to be used to transport anyone other than students, all of the markings and signals that identify it as a schoolbus must be covered (which would remove it from the definition of schoolbus). This conflicts with the Education Code provisions that permit the use of schoolbuses to transport persons other than students.

SUPPORT

Riverside County Superintendent of Schools

OPPOSITION

None received

-- END --

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1453

Author:(Eduardo Garcia) – As Amended Ver:May 1, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill permits school buses to be used to transport adult volunteers to and from a school to participate in volunteer activities at the school, and requires the governing board of a school district to adequately insure against the liability of the school district, members of the governing board of the school district, and officers and employees of the school district in connection with furnishing the transportation. Specifically, this bill:

1. Authorizes the governing board of a school district to provide for the transportation on school buses of employees of the school district, parents of pupils of the school district, and adult volunteers to and from educational activities authorized by the school district.
2. Makes changes to the Vehicle Code to authorize this change and adds a provision to the Vehicle Code that would permit the use of school buses for purposes allowed by the Education Code.

FISCAL EFFECT:

Minor costs to school districts. Existing law allows school districts to use school buses to transport district employees and the parents of district pupils to and from educational activities authorized by the district. This bill would extend this authority to transport adult volunteers.

COMMENTS:

1. Background. Existing law authorizes the governing board of any school district to initiate and carry on any program, activity, or otherwise act in any manner which is not in conflict with or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established. School districts may use school buses for community recreation and provide for the transportation of district employees and the parents of district pupils to and from educational activities authorized by the district. School districts are also allowed to charge a fee to persons or organizations for the use of school buses.
2. Purpose. According to the author, the purpose of this bill is to resolve a problem faced by the Coachella Valley Unified School District. Since 2004, the district has partnered with the Read with Me Volunteers Program to connect volunteer tutors with English learners. The program engages more than 600 volunteers to provide tutoring to nearly 10,000 English learners in 13 elementary schools. Private and district buses are used to transport the volunteers to the schools. The cost is split between the volunteer program and the district. In November of 2014 the district was cited by the California Highway Patrol for the misuse of school buses. An effort to replace the district buses with a carpool resulted in more than half of the volunteers dropping out. When the program contracted with a charter bus company, the cost went from $35,000 for five months to $75,000 for three months. This bill seeks to statutorily authorize the use of school buses for this and other school-related volunteer purposes.

Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081

Date of Hearing: April 19, 2017

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1453 (

Author:Eduardo Garcia) – As Amended Ver:March 28, 2017

SUBJECT: Schoolbuses: volunteer transportation

SUMMARY: Permits schoolbuses to be used to transport adult volunteers to and from a school to participate in volunteer activities at the school. Specifically, this bill:

1. Authorizes the governing board of a school district to use and operate any bus owned or under lease to the school district for the transportation of adult volunteers to and from a school within the school district for the purpose of participating in volunteer activities with pupils at the school.
2. Requires the governing board of a school district, in accordance with Education Code §35208, to adequately insure against the liability of the school district, members of the governing board of the school district, and officers and employees of the school district in connection with furnishing the transportation.

EXISTING LAW:

1. Authorizes school districts to use schoolbuses for community recreation (Education Code §39835).
2. Authorizes school districts to charge a fee to persons or organizations for the use of schoolbuses belonging to the district (Education Code §10913).
3. Authorizes school districts to provide for the transportation of district employees and the parents of district pupils to and from educational activities authorized by the district (Education Code §39837.5).
4. Authorizes the governing board of any school district to initiate and carry on any program, activity, or otherwise act in any manner which is not in conflict with or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established (Education Code §35160).

FISCAL EFFECT: Unknown

COMMENTS:

Reason for the bill. The purpose of this bill is to resolve a problem faced by the Coachella Valley Unified School District. Specifically, since 2004 the district has partnered with the Read with Me Volunteers Program to connect volunteer tutors (typically retirees) with English learners. The program engages more than 600 volunteers to provide tutoring to nearly 10,000 English learners in 13 elementary schools. The volunteers reside on the west side of the district and the students are enrolled in schools on the east side of the district, so private and district buses are used to transport the volunteers to the schools. The cost is split between the volunteer program and the district.

Although the program has operated this way since 2004, in November 2014 the district was cited by the California Highway Patrol (CHP) for the misuse of schoolbuses. An effort to replace the district buses with a carpool resulted in more than half of the volunteers dropping out. When the program contracted with a charter bus company to replace the district buses, the cost went from $35,000 for five months to $75,000 for three months. This bill seeks to statutorily authorize the use of schoolbuses for this and other school-related volunteer purposes.

Vehicle Code vs. Education Code. The citation by the CHP seems to be based on the Vehicle Code definition of "schoolbus," while not taking into account the permissible use of schoolbuses authorized in the Education Code. Vehicle Code §545 defines "schoolbus" as "a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12^th grade level to or from a public or private school or to or from public or private school activities…" The Vehicle Code excludes from this definition "a schoolbus with the flashing red light signal system, the amber warning system, and the schoolbus signs covered, while being used for transportation of persons other than pupils, to or from school or school related activities." Based only on the Vehicle Code definition, a schoolbus can be used only to transport pupils, and if it is to be used to transport anyone other than pupils, all of the markings and signals that identify it as a schoolbus must be covered (which would remove it from the definition of schoolbus). This conflicts with the Education Code provisions that permit the use of schoolbuses to transport persons other than pupils. Accordingly, staff recommends that the bill be amended to make clarifying Education Code changes and add a provision to the Vehicle Code that would permit the use of schoolbuses for purposes allowed by the Education Code. Specifically, staff recommends the following amendments:

• Strike the existing provision of the bill that adds a new section to the Education Code.
• Amend the existing Education Code provision that permits the use of schoolbuses to transport district employees and parents to include adult volunteers.
• Add a new section to the Vehicle Code that specifically permits the use of schoolbuses for purposes permitted by the Education Code.

REGISTERED SUPPORT / OPPOSITION:

Support

Riverside County Superintendent of Schools

Opposition

None received

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087