Senate File 469 - Introduced SENATE FILE 469 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 1110) (COMPANION TO LSB 1347HV BY COMMITTEE ON EDUCATION) A BILL FOR An Act relating to vehicular transportation for students and 1 making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1347SV (4) 84 je/sc

S.F. 469 Section 1. Section 285.9, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. Review and resolve all transportation 3 disputes between districts as provided in section 285.12A. 4 Sec. 2. NEW SECTION . 285.12A Disputes between districts. 5 In the event of a dispute between school districts regarding 6 transportation, the area education agency board shall review 7 and resolve the dispute. If the parties to the dispute are 8 located in more than one area education agency, the area 9 education agency in which the party to the dispute with the 10 greatest certified enrollment is located shall be the reviewing 11 agency. In resolving disputes between districts, the reviewing 12 agency board shall, after receiving all facts, make alterations 13 or changes as necessary to make the arrangements, designations, 14 and contracts conform to the legal and established requirements 15 and shall notify each affected local school board of the 16 decision. A party to the dispute may appeal the decision of 17 the agency board to the director of the department of education 18 in the manner provided in section 285.12 for appealing a 19 decision of an agency board. The decision of the director 20 shall be subject to judicial review in accordance with chapter 21 17A. 22 Sec. 3. Section 321.1, subsection 69, paragraph d, Code 23 2011, is amended to read as follows: 24 d. Designed to carry not more than nine persons as 25 passengers, either school owned or privately owned, which 26 are used to transport pupils to activity events in which the 27 pupils are participants or used to transport pupils to their 28 homes in case of illness or other emergency situations. The 29 vehicles operated under the provisions of this paragraph 30 shall be operated by employees of the school district who are 31 specifically approved by the local superintendent of schools 32 for the assignment and, if applicable, shall conform to the 33 minimum vehicle safety inspection standards for school buses, 34 as prescribed in rules adopted by the state board of education . 35 -1- LSB 1347SV (4) 84 je/sc 1/ 4

S.F. 469 Sec. 4. Section 321.373, subsection 1, Code 2011, is amended 1 to read as follows: 2 1. Every school bus except private passenger vehicles used 3 as school buses or other vehicle used to transport pupils 4 to activity events pursuant to section 321.1, subsection 5 69, paragraph “d” , unless privately owned and not operated 6 for compensation, shall be constructed and equipped to meet 7 safety standards prescribed in rules adopted by the state 8 board of education. Such rules shall conform to safety 9 standards set forth in federal laws and regulations and shall 10 conform, insofar as practicable, to the minimum standards 11 for school buses recommended by the national conference on 12 school transportation administered by the national commission 13 on safety education and published by the national education 14 association. 15 Sec. 5. Section 321.373, subsection 3, Code 2011, is amended 16 to read as follows: 17 3. The rules prescribed for school buses shall include 18 special rules for passenger automobiles, and other vehicles 19 designed to carry eight or fewer pupils, when used as school 20 buses. This subsection shall not apply to vehicles governed by 21 subsection 1. 22 Sec. 6. Section 321.376, Code 2011, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 3. The provisions of this section relating 25 to a certificate of qualification and approved course of 26 instruction shall not apply to a person operating a vehicle 27 used to transport pupils to activity events pursuant to section 28 321.1, subsection 69, paragraph “d” . 29 Sec. 7. Section 321.379, Code 2011, is amended to read as 30 follows: 31 321.379 Violations. 32 A school board, individual, or organization shall not 33 purchase, construct, or contract for use, to transport pupils 34 to or from school or school activities , any school bus or other 35 -2- LSB 1347SV (4) 84 je/sc 2/ 4

S.F. 469 vehicle used to transport pupils to activity events pursuant 1 to section 321.1, subsection 69, paragraph “d” , which does 2 not comply with the minimum requirements of section 321.373 3 pertaining to such bus or vehicle, and any individual, or any 4 member or officer of such board or organization who authorizes, 5 the purchase, construction, or contract for any such bus or 6 vehicle not complying with these minimum requirements commits a 7 simple misdemeanor. 8 EXPLANATION 9 This bill makes changes relating to vehicular transportation 10 for students. 11 The bill assigns to area education agencies the duty of 12 initially reviewing transportation disputes between school 13 districts and the authority to resolve such disputes. The bill 14 requires the reviewing agency board to notify each affected 15 local school board of its decision, and allows an affected 16 school district to appeal a decision to the director of the 17 department of education. 18 The bill provides that school-owned vehicles designed to 19 carry not more than nine persons which are used to transport 20 pupils to activity events in which students are participating 21 must conform to minimum vehicle safety inspection standards for 22 school buses as far as practicable and as set out by the state 23 board of education by rule. The bill also provides that the 24 drivers of such vehicles, whether school-owned or privately 25 owned, are exempt from statutory requirements for a certificate 26 of qualification and an approved course of instruction that 27 apply to school bus drivers. 28 Current law provides that a school board, individual, or 29 organization must not purchase, construct, or contract for 30 use of a school bus that does not comply with minimum state 31 standards. Current law provides that any person who authorizes 32 such an action is guilty of a simple misdemeanor. The bill 33 adds certain other vehicles used to transport students to 34 school activities to those requirements. A simple misdemeanor 35 -3- LSB 1347SV (4) 84 je/sc 3/ 4

S.F. 469 is punishable by confinement for no more than 30 days or a fine 1 of at least $65 but not more than $625 or by both. 2 -4- LSB 1347SV (4) 84 je/sc 4/ 4