Bill Text: MS HB1318 | 2026 | Regular Session | Engrossed
Bill Title: Student transportation; revise manner of for students on vehicles other than school buses.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-03-03 - Died In Committee [HB1318 Detail]
Download: Mississippi-2026-HB1318-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Education
By: Representative McCarty
House Bill 1318
(As Passed the House)
AN ACT TO AMEND SECTION 37-41-27, MISSISSIPPI CODE OF 1972, TO PERMIT LOCAL SCHOOL BOARDS TO ENTER INTO AGREEMENTS AND MEMORANDA OF UNDERSTANDING WITH LOCAL EMERGENCY OFFICIALS AND OTHER APPROPRIATE AGENCIES FOR THE USE OF SCHOOL BUSES UNDER CERTAIN EMERGENCY CIRCUMSTANCE; TO REVISE THE PROCEDURE AND AUTHORITY FOR THE USE OF PASSENGER CARS OR MULTIPURPOSE PASSENGER VEHICLES OTHER THAN SCHOOLS BUSES TO TRANSPORT STUDENTS TO COMPLY WITH FEDERAL MOTOR VEHICLE SAFETY STANDARDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-41-27, Mississippi Code of 1972, is amended as follows:
37-41-27. (1) The local school boards, subject to rules and regulations promulgated by the State Board of Education, may:
(a) Permit the
use of publicly owned school buses for the transportation of participating
students, teachers, coaches and sponsors in connection with athletic events,
events of boys' and girls' clubs, events of Future Farmers of America or 4-H Clubs
and special events in connection with the schools which the boards may consider
a part of the educational program * * *;
(b) Permit the
use of publicly owned school buses for the transportation of citizens for grand
jury and other jury functions upon order of the court or as considered
necessary by the school board during natural or man-made emergencies,
hurricanes, tornadoes, floods and other acts of God * * *;
(c) Enter into
agreements or memoranda of understanding with local emergency management
officials, law enforcement, or other appropriate agencies to make publicly
owned school buses available for use in declared emergencies, natural disasters
or other public safety needs, provided that such use does not interfere with
the transportation of students to and from school; and * * *
(d) Permit the
use of publicly owned school buses for the transportation of citizens attending
an air show or historic commemorative event held on a military base or military
park located in the school district * * *, provided that such determination shall
be made upon the minutes of the school board and shall include an agreement
with the military base or military park that it will indemnify and hold the
school district harmless in any action regarding such transportation.
(2) (a) Local school boards may regularly permit the use of motor vehicles other than school buses when the transportation is for trips to and from school sites or for school-related functions and activities; however, motor vehicles other than school buses may not be used for customary transportation between a student's residence and such sites.
(b) When the transportation of students is provided, as authorized in this subsection, in a vehicle other than a school bus that is owned, operated, rented, contracted, or leased by a school district or charter school, the following provisions shall apply:
(i) The vehicle
must be a passenger car or multipurpose passenger vehicle or truck, as defined
in 49 CFR Part 571, designed to transport fewer than * * * ten (10) students, excluding
the driver * * *.
Students must be transported in designated seating positions and must use the
occupant crash protection system provided by the manufacturer unless the
student's physical condition prohibits such use. Any motor vehicle designed
to transport ten (10) to fifteen (15) passengers, including the driver, when
used for transporting students to or from school or school-related events, must
meet all Federal Motor Vehicle Safety Standards for school buses set forth in
49 CFR Part 571. The vehicles, when operated for student transportation under this
section does not require a commercial driver's license as prescribed in the
Commercial Driver's License Act, established in Section 63-1-201 et seq.,
provided the vehicle is not designed or used to transport sixteen (16) or more
passengers, including the driver.
(ii) An authorized vehicle may not be driven by a student on a public right-of-way. An authorized vehicle may be driven by a student on school or private property as part of the student's educational curriculum if no other student is in the vehicle.
(iii) The driver of an authorized vehicle transporting students must maintain a valid driver's license and must comply with the requirements of the school district's locally adopted safe driver plan, which includes review of driving records for disqualifying violations.
(iv) The local school board must adopt a policy that addresses procedures and liability for trips under this paragraph, including a provision that school buses are to be used whenever practical and specifying consequences for violation of the policy.
SECTION 2. This act shall take effect and be in force from and after July 1, 2026.
