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 making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 285.9, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  Review and resolve all transportation disputes between districts as provided in section 285.12A.
   Sec. 2.  NEW SECTION.  285.12A  Disputes between districts.
   In the event of a dispute between school districts regarding transportation, the area education agency board shall review and resolve the dispute. If the parties to the dispute are located in more than one area education agency, the area education agency in which the party to the dispute with the greatest certified enrollment is located shall be the reviewing agency. In resolving disputes between districts, the reviewing agency board shall, after receiving all facts, make alterations or changes as necessary to make the arrangements, designations, and contracts conform to the legal and established requirements and shall notify each affected local school board of the decision. A party to the dispute may appeal the decision of the agency board to the director of the department of education in the manner provided in section 285.12 for appealing a decision of an agency board. The decision of the director shall be subject to judicial review in accordance with chapter 17A.
   Sec. 3.  Section 321.1, subsection 69, paragraph d, Code 2011, is amended to read as follows:
   d.  Designed to carry not more than nine persons as passengers, either school owned or privately owned, which are used to transport pupils to activity events in which the pupils are participants or used to transport pupils to their homes in case of illness or other emergency situations. The vehicles operated under the provisions of this paragraph shall be operated by employees of the school district who are specifically approved by the local superintendent of schools for the assignment and, if applicable, shall conform to the minimum vehicle safety inspection standards for school buses, as prescribed in rules adopted by the state board of education.
   Sec. 4.  Section 321.373, subsection 1, Code 2011, is amended to read as follows:
   1.  Every school bus except private passenger vehicles used as school buses or other vehicle used to transport pupils to activity events pursuant to section 321.1, subsection 69, paragraph “d”, unless privately owned and not operated for compensation, shall be constructed and equipped to meet safety standards prescribed in rules adopted by the state board of education. Such rules shall conform to safety standards set forth in federal laws and regulations and shall conform, insofar as practicable, to the minimum standards for school buses recommended by the national conference on school transportation administered by the national commission on safety education and published by the national education association.
   Sec. 5.  Section 321.373, subsection 3, Code 2011, is amended to read as follows:
   3.  The rules prescribed for school buses shall include special rules for passenger automobiles, and other vehicles designed to carry eight or fewer pupils, when used as school buses.  This subsection shall not apply to vehicles governed by subsection 1.
   Sec. 6.  Section 321.376, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The provisions of this section relating to a certificate of qualification and approved course of instruction shall not apply to a person operating a vehicle used to transport pupils to activity events pursuant to section 321.1, subsection 69, paragraph “d”.
   Sec. 7.  Section 321.379, Code 2011, is amended to read as follows:
   321.379  Violations.
   A school board, individual, or organization shall not purchase, construct, or contract for use, to transport pupils to or from school or school activities, any school bus or other vehicle used to transport pupils to activity events pursuant to section 321.1, subsection 69, paragraph “d”, which does not comply with the minimum requirements of section 321.373 pertaining to such bus or vehicle, and any individual, or any member or officer of such board or organization who authorizes, the purchase, construction, or contract for any such bus or vehicle not complying with these minimum requirements commits a simple misdemeanor.
EXPLANATION
   This bill makes changes relating to vehicular transportation for students.
   The bill assigns to area education agencies the duty of initially reviewing transportation disputes between school districts and the authority to resolve such disputes. The bill requires the reviewing agency board to notify each affected local school board of its decision, and allows an affected school district to appeal a decision to the director of the department of education.
   The bill provides that school-owned vehicles designed to carry not more than nine persons which are used to transport pupils to activity events in which students are participating must conform to minimum vehicle safety inspection standards for school buses as far as practicable and as set out by the state board of education by rule. The bill also provides that the drivers of such vehicles, whether school-owned or privately owned, are exempt from statutory requirements for a certificate of qualification and an approved course of instruction that apply to school bus drivers.
   Current law provides that a school board, individual, or organization must not purchase, construct, or contract for use of a school bus that does not comply with minimum state standards. Current law provides that any person who authorizes such an action is guilty of a simple misdemeanor. The bill adds certain other vehicles used to transport students to school activities to those requirements. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.