Senate Study Bill 1110 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF EDUCATION BILL) 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 1347XD (4) 84 je/sc
S.F. _____ H.F. _____ Section 1. Section 257.31, subsection 17, paragraph d, Code 1 2011, is amended to read as follows: 2 d. Funds transferred to the committee in accordance with 3 section 321.34, subsection 22 , are appropriated to and may 4 be expended for the purposes of the committee, as described 5 in this section , and to contract for geospatial research on 6 transportation issues affecting school district reorganization 7 and school bus routing . However, highest priority shall be 8 given to districts that meet the conditions described in this 9 subsection . Notwithstanding any other provision of the Code, 10 unencumbered or unobligated funds transferred to the committee 11 pursuant to section 321.34, subsection 22 , remaining on June 12 30 of the fiscal year for which the funds were transferred, 13 shall not revert but shall be available for expenditure for the 14 purposes of this subsection in subsequent fiscal years. 15 Sec. 2. Section 285.9, Code 2011, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 5. Review and resolve all transportation 18 disputes between districts as provided in section 285.12A. 19 Sec. 3. NEW SECTION . 285.12A Disputes between districts. 20 In the event of a dispute between school districts regarding 21 transportation, the area education agency board shall review 22 and resolve the dispute. If the parties to the dispute are 23 located in more than one area education agency, the area 24 education agency in which the party to the dispute with the 25 greatest certified enrollment is located shall be the reviewing 26 agency. In resolving disputes between districts, the reviewing 27 agency board shall, after receiving all facts, make alterations 28 or changes as necessary to make the arrangements, designations, 29 and contracts conform to the legal and established requirements 30 and shall notify each affected local school board of the 31 decision. A party to the dispute may appeal the decision of 32 the agency board to the director of the department of education 33 in the manner provided in section 285.12 for appealing a 34 decision of an agency board. The decision of the director 35 -1- LSB 1347XD (4) 84 je/sc 1/ 4
S.F. _____ H.F. _____ shall be subject to judicial review in accordance with chapter 1 17A. 2 Sec. 4. Section 321.1, subsection 69, paragraph d, Code 3 2011, is amended to read as follows: 4 d. Designed to carry not more than nine persons as 5 passengers, either school owned or privately owned, which 6 are used to transport pupils to activity events in which the 7 pupils are participants or used to transport pupils to their 8 homes in case of illness or other emergency situations. The 9 vehicles operated under the provisions of this paragraph 10 shall be operated by employees of the school district who are 11 specifically approved by the local superintendent of schools 12 for the assignment and, if applicable, shall conform to the 13 minimum vehicle safety inspection standards for school buses, 14 as prescribed in rules adopted by the state board of education . 15 Sec. 5. Section 321.373, subsection 1, Code 2011, is amended 16 to read as follows: 17 1. Every school bus except private passenger vehicles used 18 as school buses or other vehicle used to transport pupils 19 to activity events pursuant to section 321.1, subsection 20 69, paragraph “d” , unless privately owned and not operated 21 for compensation, shall be constructed and equipped to meet 22 safety standards prescribed in rules adopted by the state 23 board of education. Such rules shall conform to safety 24 standards set forth in federal laws and regulations and shall 25 conform, insofar as practicable, to the minimum standards 26 for school buses recommended by the national conference on 27 school transportation administered by the national commission 28 on safety education and published by the national education 29 association. 30 Sec. 6. Section 321.373, subsection 3, Code 2011, is amended 31 to read as follows: 32 3. The rules prescribed for school buses shall include 33 special rules for passenger automobiles, and other vehicles 34 designed to carry eight or fewer pupils, when used as school 35 -2- LSB 1347XD (4) 84 je/sc 2/ 4
S.F. _____ H.F. _____ buses. This subsection shall not apply to vehicles governed by 1 subsection 1. 2 Sec. 7. Section 321.376, Code 2011, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 3. The provisions of this section relating 5 to a certificate of qualification and approved course of 6 instruction shall not apply to a person operating a vehicle 7 used to transport pupils to activity events pursuant to section 8 321.1, subsection 69, paragraph “d” . 9 Sec. 8. Section 321.379, Code 2011, is amended to read as 10 follows: 11 321.379 Violations. 12 A school board, individual, or organization shall not 13 purchase, construct, or contract for use, to transport pupils 14 to or from school or school activities , any school bus or other 15 vehicle used to transport pupils to activity events pursuant 16 to section 321.1, subsection 69, paragraph “d” , which does 17 not comply with the minimum requirements of section 321.373 18 pertaining to such bus or vehicle, and any individual, or any 19 member or officer of such board or organization who authorizes, 20 the purchase, construction, or contract for any such bus or 21 vehicle not complying with these minimum requirements commits a 22 simple misdemeanor. 23 EXPLANATION 24 This bill makes changes relating to vehicular transportation 25 for students. 26 Current law provides that the school budget review committee 27 may use transferred funds generated by fees for special 28 registration plates with an education emblem pursuant to Code 29 section 321.34(22) for the purposes of the committee. The bill 30 authorizes the committee to contract for geospatial research on 31 transportation issues affecting school district reorganization 32 and school bus routing and to use the funds for that purpose. 33 The bill strikes language requiring that the highest priority 34 for such funds be given to school districts that meet certain 35 -3- LSB 1347XD (4) 84 je/sc 3/ 4
S.F. _____ H.F. _____ conditions. 1 The bill assigns to area education agencies the duty of 2 initially reviewing transportation disputes between school 3 districts and the authority to resolve such disputes. The bill 4 requires the reviewing agency board to notify each affected 5 local school board of its decision, and allows an affected 6 school district to appeal a decision to the director of the 7 department of education. 8 The bill provides that school-owned vehicles designed to 9 carry not more than nine persons which are used to transport 10 pupils to activity events in which students are participating 11 must conform to minimum vehicle safety inspection standards for 12 school buses as far as practicable and as set out by the state 13 board of education by rule. The bill also provides that the 14 drivers of such vehicles, whether school-owned or privately 15 owned, are exempt from statutory requirements for a certificate 16 of qualification and an approved course of instruction that 17 apply to school bus drivers. 18 Current law provides that a school board, individual, or 19 organization must not purchase, construct, or contract for 20 use of a school bus that does not comply with minimum state 21 standards. Current law provides that any person who authorizes 22 such an action is guilty of a simple misdemeanor. The bill 23 adds certain other vehicles used to transport students to 24 school activities to those requirements. A simple misdemeanor 25 is punishable by confinement for no more than 30 days or a fine 26 of at least $65 but not more than $625 or by both. 27 -4- LSB 1347XD (4) 84 je/sc 4/ 4