H.F. 455 Section 1. Section 285.9, Code 2013, 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. This section shall not apply to transportation disputes 22 relating to open enrollment under section 282.18. 23 Sec. 3. Section 321.1, subsection 69, paragraph d, Code 24 2013, is amended to read as follows: 25 d. Designed to carry not more than nine persons as 26 passengers, either school owned or privately owned, which 27 are used to transport pupils to activity events in which the 28 pupils are participants or used to transport pupils to their 29 homes in case of illness or other emergency situations. The 30 vehicles operated under the provisions of this paragraph 31 shall be operated by employees of the school district who are 32 specifically approved by the local superintendent of schools 33 for the assignment and, if applicable, shall conform to the 34 minimum vehicle safety inspection standards for school buses, 35 -1- LSB 1092HV (2) 85 je/sc 1/ 4

H.F. 455 as prescribed in rules adopted by the state board of education . 1 The state board of education shall adopt rules for required, 2 uniform inspections of such vehicles. Such rules shall allow 3 for inspections to be conducted by qualified private automobile 4 mechanics or the department of education. 5 Sec. 4. Section 321.373, subsection 1, Code 2013, is amended 6 to read as follows: 7 1. Every school bus except private passenger vehicles used 8 as school buses or other vehicle used to transport pupils 9 to activity events pursuant to section 321.1, subsection 10 69, paragraph “d” , unless privately owned and not operated 11 for compensation, shall be constructed and equipped to meet 12 safety standards prescribed in rules adopted by the state 13 board of education. Such rules shall conform to safety 14 standards set forth in federal laws and regulations and shall 15 conform, insofar as practicable, to the minimum standards 16 for school buses recommended by the national conference on 17 school transportation administered by the national commission 18 on safety education and published by the national education 19 association. 20 Sec. 5. Section 321.376, Code 2013, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 2A. The provisions of this section relating 23 to a certificate of qualification and approved course of 24 instruction shall not apply to a person operating a vehicle 25 used to transport pupils to activity events pursuant to section 26 321.1, subsection 69, paragraph “d” . 27 Sec. 6. Section 321.379, Code 2013, is amended to read as 28 follows: 29 321.379 Violations. 30 A school board, individual, or organization shall not 31 purchase, construct, or contract for use, to transport pupils 32 to or from school or school activities , any school bus or other 33 vehicle used to transport pupils to activity events pursuant 34 to section 321.1, subsection 69, paragraph “d” , which does 35 -2- LSB 1092HV (2) 85 je/sc 2/ 4

H.F. 455 not comply with the minimum requirements of section 321.373 1 pertaining to such bus or vehicle, and any individual, or any 2 member or officer of such board or organization who authorizes, 3 the purchase, construction, or contract for any such bus or 4 vehicle not complying with these minimum requirements commits a 5 simple misdemeanor. 6 Sec. 7. Section 331.653, subsection 32, Code 2013, is 7 amended to read as follows: 8 32. Enforce sections 321.372 to 321.379 relating to school 9 buses and to vehicles used to transport pupils to activity 10 events pursuant to section 321.1, subsection 69, paragraph “d” . 11 Sec. 8. STATE MANDATE FUNDING SPECIFIED. In accordance 12 with section 25B.2, subsection 3, the state cost of requiring 13 compliance with any state mandate included in this Act shall 14 be paid by a school district from state school foundation aid 15 received by the school district under section 257.16. This 16 specification of the payment of the state cost shall be deemed 17 to meet all of the state funding-related requirements of 18 section 25B.2, subsection 3, and no additional state funding 19 shall be necessary for the full implementation of this Act 20 by and enforcement of this Act against all affected school 21 districts. 22 EXPLANATION 23 This bill makes changes relating to vehicular transportation 24 for students. 25 The bill assigns to area education agencies the duty of 26 initially reviewing transportation disputes between school 27 districts and the authority to resolve such disputes. The 28 bill requires the reviewing agency board to notify each 29 affected local school board of its decision, and allows an 30 affected school district to appeal a decision to the director 31 of the department of education. The bill does not apply to 32 transportation disputes relating to open enrollment under Code 33 section 282.18. 34 The bill provides that school-owned vehicles designed to 35 -3- LSB 1092HV (2) 85 je/sc 3/ 4

H.F. 455 carry not more than nine persons which are used to transport 1 pupils to activity events in which students are participating 2 must conform to minimum vehicle safety inspection standards for 3 school buses as far as practicable and as set out by the state 4 board of education by rule. The bill directs the state board 5 of education to adopt rules for required, uniform inspections 6 of such vehicles. The rules must allow for inspections to be 7 conducted by qualified private automobile mechanics or the 8 department of education. The bill also provides that the 9 drivers of such vehicles, whether school-owned or privately 10 owned, are exempt from statutory requirements for a certificate 11 of qualification and an approved course of instruction that 12 apply to school bus drivers. 13 Current law provides that a school board, individual, or 14 organization must not purchase, construct, or contract for 15 use of a school bus that does not comply with minimum state 16 standards. Current law provides that any person who authorizes 17 such an action is guilty of a simple misdemeanor. The bill 18 adds certain other vehicles used to transport students to 19 school activities to those requirements. A simple misdemeanor 20 is punishable by confinement for no more than 30 days or a fine 21 of at least $65 but not more than $625 or by both. 22 The bill may include a state mandate as defined in Code 23 section 25B.3. The bill requires that the state cost of 24 any state mandate included in the bill be paid by a school 25 district from state school foundation aid received by the 26 school district under Code section 257.16. The specification 27 is deemed to constitute state compliance with any state mandate 28 funding-related requirements of Code section 25B.2. The 29 inclusion of this specification is intended to reinstate the 30 requirement of political subdivisions to comply with any state 31 mandates included in the bill. 32 -4- LSB 1092HV (2) 85 je/sc 4/ 4