House Study Bill 81 - 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 1092XD (5) 85 je/sc
S.F. _____ H.F. _____ 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. 22 Sec. 3. Section 321.1, subsection 69, paragraph d, Code 23 2013, 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 1092XD (5) 85 je/sc 1/ 4
S.F. _____ H.F. _____ Sec. 4. Section 321.373, subsection 1, Code 2013, 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 321.376, Code 2013, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 2A. The provisions of this section relating 18 to a certificate of qualification and approved course of 19 instruction shall not apply to a person operating a vehicle 20 used to transport pupils to activity events pursuant to section 21 321.1, subsection 69, paragraph “d” . 22 Sec. 6. Section 321.379, Code 2013, is amended to read as 23 follows: 24 321.379 Violations. 25 A school board, individual, or organization shall not 26 purchase, construct, or contract for use, to transport pupils 27 to or from school or school activities , any school bus or other 28 vehicle used to transport pupils to activity events pursuant 29 to section 321.1, subsection 69, paragraph “d” , which does 30 not comply with the minimum requirements of section 321.373 31 pertaining to such bus or vehicle, and any individual, or any 32 member or officer of such board or organization who authorizes, 33 the purchase, construction, or contract for any such bus or 34 vehicle not complying with these minimum requirements commits a 35 -2- LSB 1092XD (5) 85 je/sc 2/ 4
S.F. _____ H.F. _____ simple misdemeanor. 1 Sec. 7. Section 331.653, subsection 32, Code 2013, is 2 amended to read as follows: 3 32. Enforce sections 321.372 to 321.379 relating to school 4 buses and to vehicles used to transport pupils to activity 5 events pursuant to section 321.1, subsection 69, paragraph “d” . 6 Sec. 8. STATE MANDATE FUNDING SPECIFIED. In accordance 7 with section 25B.2, subsection 3, the state cost of requiring 8 compliance with any state mandate included in this Act shall 9 be paid by a school district from state school foundation aid 10 received by the school district under section 257.16. This 11 specification of the payment of the state cost shall be deemed 12 to meet all of the state funding-related requirements of 13 section 25B.2, subsection 3, and no additional state funding 14 shall be necessary for the full implementation of this Act 15 by and enforcement of this Act against all affected school 16 districts. 17 EXPLANATION 18 This bill makes changes relating to vehicular transportation 19 for students. 20 The bill assigns to area education agencies the duty of 21 initially reviewing transportation disputes between school 22 districts and the authority to resolve such disputes. The bill 23 requires the reviewing agency board to notify each affected 24 local school board of its decision, and allows an affected 25 school district to appeal a decision to the director of the 26 department of education. 27 The bill provides that school-owned vehicles designed to 28 carry not more than nine persons which are used to transport 29 pupils to activity events in which students are participating 30 must conform to minimum vehicle safety inspection standards for 31 school buses as far as practicable and as set out by the state 32 board of education by rule. The bill also provides that the 33 drivers of such vehicles, whether school-owned or privately 34 owned, are exempt from statutory requirements for a certificate 35 -3- LSB 1092XD (5) 85 je/sc 3/ 4
S.F. _____ H.F. _____ of qualification and an approved course of instruction that 1 apply to school bus drivers. 2 Current law provides that a school board, individual, or 3 organization must not purchase, construct, or contract for 4 use of a school bus that does not comply with minimum state 5 standards. Current law provides that any person who authorizes 6 such an action is guilty of a simple misdemeanor. The bill 7 adds certain other vehicles used to transport students to 8 school activities to those requirements. A simple misdemeanor 9 is punishable by confinement for no more than 30 days or a fine 10 of at least $65 but not more than $625 or by both. 11 The bill may include a state mandate as defined in Code 12 section 25B.3. The bill requires that the state cost of 13 any state mandate included in the bill be paid by a school 14 district from state school foundation aid received by the 15 school district under Code section 257.16. The specification 16 is deemed to constitute state compliance with any state mandate 17 funding-related requirements of Code section 25B.2. The 18 inclusion of this specification is intended to reinstate the 19 requirement of political subdivisions to comply with any state 20 mandates included in the bill. 21 -4- LSB 1092XD (5) 85 je/sc 4/ 4