SB 88: Pupil transportation: driver qualifications.

(1)Existing law requires the driver of a school pupil activity bus, as defined, to be subject to the regulations adopted by the Department of the California Highway Patrol governing schoolbus drivers, except as specified.

This bill would place various requirements upon a driver who provides certain transportation services for pupils, including, among others, by requiring these drivers to submit and clear tuberculosis risk assessments, as provided. The bill would require any vehicle used to provide pupil transportation for compensation by a local educational agency, as defined, to be inspected, as specified, and to be equipped with a first aid kit and a fire extinguisher.

The bill would require any local educational agency contracting with a private entity to provide pupil transportation to obtain from the private entity a written attestation that, among other things, it not have any applicable law violations, as defined, at the time of applying for the contract and that it will maintain compliance with applicable laws, as defined, for the duration of the contract. The bill would authorize a third party to report to the relevant local educational agency that the private entity the local educational agency contracted with has failed to provide a truthful attestation or has failed to maintain compliance with the applicable laws required for the duration of the contract, as specified.

The bill would apply the above-mentioned provisions to all drivers employed by a local educational agency, contracted by a local educational agency, or contracted by any entity with funding from a local educational agency, providing school-related pupil transportation, as defined, for compensation. The bill would not apply the above-mentioned provisions to (A) drivers of specified entities, (B) certain persons who are compensated to drive a pupil, (C) a school employee of a local educational agency when the employee provides transportation to pupils due to or because of the employees supervision of pupils for a field trip, extracurricular activity, or athletic program, or when the employee provides transportation to pupils for other activities, not to exceed 40 hours of drive time per school year per employee, (D) a driver who transports a pupil because of certain emergencies or an immediate threat to the physical safety of the pupil, (E) a driver who transports a pupil if the transportation is being provided through a Foster Youth Services Coordinating Program while a pupils transportation plan is being finalized, or (F) a driver during a trip for which they are authorized by the local educational agency to transport one or more pupils for a field trip when the destination is more than 200 miles from the transported pupils California school campus, as specified.

To the extent that the above-mentioned requirements conflict with a contract entered into between a local educational agency and a private entity before January 1, 2024, the bill would not apply those requirements until the expiration or renewal of that contract. The bill would make the provision regarding the expiration or renewal of these contracts operative on January 1, 2024, while making the remainder of the above-mentioned provisions operative on July 1, 2025. By imposing new requirements on local educational agencies, the bill would constitute a state-mandated local program.

(2)Existing law requires a governing board or county superintendent of schools providing for the transportation of pupils under contract, as provided, or any other provision of law to require as a condition of the contract the tuberculosis risk assessment, as provided, except that, at the discretion of the governing board or county superintendent of schools, that provision does not apply to a private contracted driver who transports pupils infrequently without prolonged contact with the pupils.

This bill would delete that exception for private contracted drivers. The bill would additionally extend the requirement involving a tuberculosis risk assessment to the governing body of a charter school, as specified. At the discretion of the governing board, county superintendent of schools, or governing body of a charter school, the bill would not apply the requirement involving a tuberculosis risk assessment to a private contracted driver who transports pupils infrequently and without prolonged contact with the pupils before July 1, 2025. To the extent that the bill would impose a new requirement on charter schools, the bill would constitute a state-mandated local program.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.