Bill Text: CA AB2410 | 2021-2022 | Regular Session | Amended
Bill Title: Local educational agencies: home-to-school transportation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-04-08 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2410 Detail]
Download: California-2021-AB2410-Amended.html
|
Amended
IN
Assembly
March 21, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2410
| Introduced by Assembly Member Chen |
February 17, 2022 |
An act to add Section 39803.5 to the Education Code, relating to local educational agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 2410, as amended, Chen.
Local educational agencies: home-to-school transportation.
Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools, provide instruction, and provide home-to-school transportation to pupils in kindergarten and grades 1 to 12, inclusive.
This bill would prohibit a school district, county office of education, or charter school from contracting with a provider of home-to-school transportation, as defined, or making payments to a contractor for home-to-school transportation services, unless the contractor, and any subcontractors, are properly insured and licensed to provide home-to-school transportation services and the contractor certifies that each driver who will perform home-to-school transportation meets certain requirements, as provided. The bill would also impose requirements for
those vehicles used by contractors for home-to-school transportation, as provided. The bill would apply these provisions only to contracts entered into or renewed after January 1, 2023. The bill would grant the State Department of Education sole regulatory authority to enforce those provisions and would require the department to conduct an audit, investigation every 2 to 5 years, years of both home-to-school transportation contractors and local educational agencies, as provided.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 39803.5 is added to the Education Code, to read:39803.5.
(a) For purposes of this section, the following definitions apply:(1) “Local educational agency” means a school district, county office of education, or charter school.
(2) “Qualified consortium” means a consortium or third-party administrator that manages all, or part, of an employer’s federal Department of Transportation drug and alcohol testing program and complies with the applicable rules established by the Federal Motor Carrier Safety Administration.
(b) A local educational agency shall not contract with a provider of home-to-school
transportation, as defined in subdivision (b) of Section 41850, and no payment shall be made to a contractor for those services, unless all of the following requirements are met:
(1) The contractor, and any subcontractors, are properly insured and licensed to operate and provide home-to-school transportation services.
(2) The contractor certifies that each driver who will perform home-to-school transportation pursuant to the contract meets all of the following requirements, regardless of the size or capacity of the vehicle that may be used to transport pupils:
(A) The driver holds a valid California driver’s license for the appropriate class of vehicle.
(B) The driver is at least 21 years of age with a minimum of two years of driving experience.
(C) The driver submits a satisfactory motor vehicle record check and is subject to ongoing record monitoring.
(D) The driver submits satisfactory state and federal criminal background checks and is subject to ongoing record monitoring.
(E) The driver submits to an annual physical examination.
(F) The driver is enrolled in a qualified consortium’s drug and alcohol testing program responsible for preservice, random, postaccident, and reasonable suspicion testing.
(G) The driver completes a first aid
examination certified by the American Red Cross or any of the providers approved by the Emergency Medical Services Authority or by the Department of the California Highway Patrol. Authority.
(H) The driver completes initial and ongoing training on all of the following:
(i) Pretrip vehicle inspections.
(ii) Safe loading and unloading of passengers.
(iii) Proper use of seatbelts and child safety restraints.
(iv) Handling accidents,
incidents, and emergency situations.
(v) Providing proper accommodations for pupils with disabilities.
(c) The following requirements shall apply to vehicles used by contractors for home-to-school transportation:
(1) The vehicle meets the definition of a “passenger vehicle” as defined in Section 465 of the Vehicle Code, with the specific
exclusion of housecars.
(2) Vehicles shall be maintained according to the manufacturers’ recommended maintenance schedule.
(3) Vehicles shall be inspected by a qualified mechanic initially before providing service, after an accident, and once per year. Documentation and proof of these inspections and shall be kept on file with the contractor.
(4) The number of passengers, including pupils and driver, that may be transported at any time shall be limited to the number the manufacturer suggests as appropriate for that vehicle, or if not posted in the vehicle, then limited to the number of seatbelts in the vehicle. This amount shall
not exceed eight passengers, excluding the driver.
(5) The driver and each passenger shall always be properly secured with the appropriate seat restraint while the vehicle is in motion.
(6) The contractor must provide real-time global position positioning system (G.P.S.) (GPS) location information for all vehicles.
(7) Vehicles shall be cleaned and sanitized regularly and be free
of odors and defects.
(8) Vehicles shall be 10 years old or newer at the start of service.
(9) Vehicles shall be identifiable as transporting pupils.
(10) Vehicles shall be equipped with all of the following:
(A) A first aid kit for 10 people, including synthetic nonlatex gloves.
(B) A body fluid spill cleanup kit.
(C) A fire extinguisher, charged and in the green zone on the indicator.
(D) A seatbelt cutter for use in emergency situations.
(d) The department shall have sole regulatory authority under this section and shall conduct an audit, inspection every two to five
years, years of both home-to-school transportation contractors as well as governing boards and bodies of local educational agencies to guarantee uniformity in compliance with this section. Written notice of an audit inspection may be delivered in advance.
(e) This section shall only apply to contracts entered into or renewed after January 1, 2023.
