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
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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
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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
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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
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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
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