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