Site icon CCIS – California Consortium for Independent Study

Changes in Law 2023 – Transportation

CCIS
An adult driving children to school while looking in the rear view mirror

The Legislature establishes safety standards for student ride share providers.

No one predicted that a school transportation bill would end up being one of the most high-profile bills of the legislative session, but it certainly was. SB 88 by Senator Nancy Skinner (D-Berkeley) imposes new requirements on van and car drivers (not bus drivers) who are compensated to provide transportation services to students, including undergoing a background check and drug and alcohol testing. SB 88 was originally sponsored by a coalition that included multiple labor groups, the State Superintendent, and the California Labor Federation and aimed at enhancing student safety and prohibiting LEAs from contracting with third-party transportation companies. The bill, however, was heavily amended to instead establish universal standards for all drivers, in-house or third-party, compensated to provide student transportation.

During the bill’s contentious legislative lifespan, debate highlighted the different safety standards used by third-party providers and raised concerns about the impact the bill could have on the transportation of foster youth, students experiencing homelessness, and students with an IEP that provides for transportation. Ultimately, the bill was scaled back and made more workable thanks to coordinated advocacy led by the Association of California School Administrators (ACSA) and the California County Superintendents. The negotiated amendments removed much of the opposition, though some third-party providers remained opposed to the end. The amendments included exempting certain school employees from the additional requirements, grandfathering in a transportation contract entered into before July 1, 2024 (until the contract’s expiration or renewal), and delaying implementation of the additional driver requirements until July 1, 2025. While some providers already meet the safety standards required in SB 88, others will need to adjust their hiring standards to meet the new law by July 1, 2025. You may recall that last year Senator Skinner unsuccessfully authored a bill that would have required all LEAs to provide transportation to all students. The Senator remains concerned about students having safe, reliable transportation to and from school, which directly impacts students’ ability to learn and was the impetus for SB 88.

Driver Requirements

SB 88 established requirements for a driver who provides transportation services for pupils in a vehicle with a maximum capacity of 10 or fewer persons, including the driver. That driver is required to:

  1. Hold a valid California driver’s license for the appropriate class of vehicle.
  2. Be at least 18 years of age.
  3. Pass a criminal background check, including fingerprint clearance consistent with employees and all other compensated drivers.
  4. Have a satisfactory driving record that includes none of the following:
    1. Within three years, has committed any violation that results in a conviction assigned a violation point count of two or more, as defined in Sections 12810 and 12810.5 of the Vehicle Code.
    2. Within three years, has had their driving privilege suspended, revoked, or is on probation for any reason involving the unsafe operation of a motor vehicle.
    3. It has been determined by the Department of Motor Vehicles (DMV) to be a negligent or incompetent operator.
  5. Not have demonstrated irrational behavior to the extent that a reasonable and prudent person would have reasonable cause to believe that the driver’s ability to perform the duties of a driver may be impaired.
  6. Not have been convicted of drug and alcohol offenses listed in the California Vehicle Code.
  7. Provide their employer or the private entity contracting with the local educational agency (LEA) a report showing the driver’s current public record as recorded by the DMV and participate in the DMV’s pull-notice system.
  8. Be subjected to and comply with drug and alcohol testing (does not include marijuana testing).
  9. Complete a medical examination according to the following schedule and provide a copy of the certificate of clearance to their employer or the private entity contracting with the LEA after each examination:
    1. Not more than two years prior to the driver performing pupil transportation by a qualified medical professional
    2. Every two years after the initial examination
    3. Within the same month of reaching 65 years of age and each 12th month thereafter
  10. Submit and clear a tuberculosis risk assessment.
  11. Not drive for more than 10 hours within a work period, or after the end of the 16th hour after coming on duty following eight consecutive hours off duty.
  12. Complete initial training and subsequent required training sufficient to gain proficiency in all the following:
    1. Pretrip vehicle inspections.
    2. Safe loading and unloading of passengers.
    3. Proper use of seatbelts and child safety restraints.
    4. Handling accidents, incidents, and emergency situations.
    5. Providing proper accommodations for pupils with disabilities.
    6. Defensive driving.
    7. Operations in inclement weather.
    8. Operations at night or under impaired visibility conditions.
  13. Maintain a daily log sheet and complete the daily pretrip inspection of the vehicle being driven that day, which shall include all the following:
    1. A check of the operability of all lights, initiated by the driver before the vehicle is first driven in service that day.
    2. A check for fluid leaks, initiated by the driver before the vehicle is first driven in service that day.
    3. A check for the operability of the brakes, initiated by the driver before the vehicle is driven in service that day.
  14. Complete training at least equivalent to the American Red Cross first aid training program, or hold a valid and current first aid certificate issued by the American Red Cross or by an organization whose first aid training program is at least equivalent to the American Red Cross’ first aid training program, as determined by the Emergency Medical Services Authority.

It is important to note that current law (CA Vehicle Code 34520.3) already requires drug testing of school employees who drive students in vans or smaller vehicles.

Vehicle Requirements

SB 88 established that for vehicles with a maximum capacity of eight or fewer passengers, excluding the driver, only street-legal coupes, sedans, or light-duty vehicles, including vans, minivans, sport utility vehicles, and pickup trucks, shall be used for pupil transportation.

Any vehicle used to provide pupil transportation for compensation by a LEA shall meet both of the following:

  1. Annual inspection every 12 months, or every 50,000 miles, whichever comes first at a facility licensed by the Bureau of Automotive Repair to ensure that the vehicle passes a 19-point vehicle inspection, as adopted by the Public Utilities Commission (PUC) and set forth in D.13-09-045, before allowing the vehicle to be driven.
  2. Be equipped with a first aid kit and a fire extinguisher.

Contract Requirements

A LEA contracting with a private entity to provide pupil transportation shall obtain from the private entity a written attestation to all the following:

  1. That it does not have any applicable law violations at the time of applying for the contract.
  2. That it will maintain compliance with applicable laws for the duration of the contract.
  3. That only drivers who meet the requirements work, or will work, under the contract between the private entity and LEA.
  4. That it has on file all the reports and documents required for the duration of the contract, including, but not limited to, updated, revised, or modified reports and documents. These reports and documents shall be available for inspection by the LEA or any other state regulatory agency at any time.

Exemptions

SB 88’s provisions apply to all drivers employed by an LEA, contracted by an LEA, or contracted by any entity with funding from a LEA, providing school-related pupil transportation for compensation (van and car drivers). However the bill does provide that the requirements will not apply to a school employee of an LEA when the employee provides transportation to pupils due to or because of the employee’s 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, if the both of the following occur:

  1. The LEA makes a reasonable effort to secure a driver who meets the requirements.
  2. When a LEA is unable to secure a driver who meets the requirements, the LEA informs the parent, guardian, or court-appointed educational rights holder of the pupil being transported that the driver transporting their pupil does not meet the requirements, unless that notice will jeopardize a pupil’s privacy rights.

SB 88 also exempts the following drivers from the bill’s requirements:

  1. A driver who transports a pupil who must be immediately transported to a facility in the case of a medical or psychiatric emergency, or in the case of pupils who need to be transported immediately as a result of an emergency that arises as a result of a fire, flood, earthquake, or epidemic, or because of any order of any military office of the US or of the state to meet an emergency create by war, or because an immediate threat to the physical safety of the pupil or pupils.
    1. For an epidemic, this exemption shall only apply to each epidemic for a period lasting no longer than one month.
  2. A driver who transports a pupil if the transportation is being provided through a Foster Youth Services Coordinating Program while a pupil’s transportation plan is being finalized.
    1. This exemption shall apply for a period lasting no longer than one month after the first ride is provided to that pupil under this exemption.
  3. A driver during a trip for which they are authorized by the LEA to transport one or more pupils for a field trip when the destination is more than 200 miles from the transported pupil’s California school campus.
  4. A driver employed by any of the following:
    1. A municipally owned transit system offering supplementary service.
    2. A congregate care facility licensed by the State Department of Social Services.
    3. A county human services agency.
    4. An entity, excluding entities with a primary purpose of providing transportation services, serving pupils experiencing homelessness that is coordinated with the homeless continuum of care in counties that have one or otherwise designated to serve children who are homeless by a county without a continuum of care.
    5. A county probation agency.
    6. Another government agency, other than an LEA.
    7. A foster family agency.
    8. A tribal authority.
  5. Any of the following persons who are compensated to drive a pupil:
    1. A parent or relative as defined in paragraph (2) of subdivision (c) of Section 361.3 of the Welfare and Institutions Code (WIC), or a nonrelative extended family member as defined in Section 362.7 of the WIC.
    2. A guardian.
    3. A caregiver given temporary or permanent custody of the pupil by a court, child welfare agency, tribal authority, or county probation department.
    4. A court-appointed educational rights holder.
    5. A court-appointed special advocate.
    6. A pupil who drives themselves.

Green transportation expansion moves forward with long runway.

The Governor also signed AB 579 by Assembly Member Phil Ting (D-San Francisco), which will require all newly purchased or contracted schoolbuses of a LEA to be zero-emission vehicles, commencing January 1, 2035. There are extensions available for LEAs that meet certain criteria or are unable to meet the requirements. However, while the bill was signed, Governor Newsom issued a rare signing message that acknowledged there are issues with current technology, infrastructure and logistics that may prevent schools from implementing this law by 2035. In part, the Governor’s signing messaged stated:

“Technology for electric vehicles is advancing rapidly, leading to zero-emission school buses capable of accommodating longer routes. As the bill’s January 1, 2035 implementation date approaches, I strongly encourage future legislatures and administrations to monitor zero-emission school bus technology improvements to ensure these vehicles meet the range needs of school districts and are affordably priced.”

Hopefully these issues will be addressed by the Legislature in future years, which there is time for given the long runway provided for implementation. The 2023-24 Budget also delayed $1.1 billion in one-time Proposition 98 dollars to support greening schoolbus fleets through programs operated by the California Air Resources Board and the California Energy Commission until the 2024-25 and 2025-26 fiscal years, so we’ll have to wait and see how the zero- emission schoolbus expansion ultimately plays out.

The Governor signed the following transportation bills

Transportation

Capitol Advisors Group has produced a set of comprehensive client briefs detailing new education laws that were passed by the Legislature and signed into law by Governor Newsom in 2023. Each brief is organized by subject area and includes an executive summary highlighting major changes we think you should know about. Bills signed by the Governor take effect on January 1, 2024, unless the bill specifically states otherwise.

Exit mobile version