Senate Bill 2094

AN ACT TO AMEND SECTIONS 37-41-1 AND 37-41-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND DIRECT THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS PROVIDING STANDARDS FOR SCHOOL DISTRICTS TO PRIVATIZE THE SCHOOL BUS TRANSPORTATION SYSTEM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-41-1, Mississippi Code of 1972, is amended as follows:

37-41-1. The State Board of Education is authorized, empowered and directed to promulgate rules and regulations for:

(a) Setting standards for public school bus routes;

(b) Approving or disapproving plans for public school routes;

(d) Setting standards for public school bus drivers;

(e) Formulating procedure for selecting public school bus drivers;

(f) Formulating courses of training for public school bus drivers and mechanics, and assist in administering and financing such courses;

(g) Providing operation procedure for public school buses to insure safety of pupils;

(h) Furnishing consultative supervision for the operation of county school bus garages, and approving plans for such garages and the proposed expenditure of transportation funds therefor;

(i) Formulating specifications for use in purchasing public school buses; getting bids on public school buses; equipment and supplies; and fixing prices based upon said bids which school districts may not exceed in purchasing said equipment;

(j) Formulating specifications for use by school districts in purchasing used school buses;

(k) Providing a system of records and reports for the purpose of carrying out the provisions of Sections 37-41-1 through 37-41-51, and providing the superintendent of schools with a sufficient supply of report forms;

(l) Conduct upon said buses; * * *

(m) The method by which, and the circumstances in which, any individual who is not a student scheduled to be a passenger upon that particular bus, a member of the public school administration or faculty, or a law enforcement official may obtain entry upon said buses; and

(n) Setting standards for the awarding of private school bus transportation contracts, to include procedures for a competitive bid process, standards for bus safety, standards for bus driver qualifications and incentives for the use of electronic or natural gas fuel for buses.

All rules and regulations adopted and promulgated by the State Board of Education relating to school bus drivers shall also be applicable to drivers of privately owned buses transporting public school children.

All rules and regulations adopted and promulgated by the State Board of Education pursuant to the authority conferred by this section shall be spread at large upon the minutes of the State Board of Education and copies thereof shall be furnished to all school boards not less than thirty (30) days prior to the effective date of such rules and regulations.

SECTION 2. Section 37-41-31, Mississippi Code of 1972, is amended as follows:

37-41-31. In each case where pupils are transported to and from the public schools in this state in privately owned vehicles, the contract for such transportation shall be let to the lowest responsible bidder who is able to furnish a solvent bond for the faithful performance of his contract, and pursuant to regulations issued by the State Board of Education as provided in Section 37-41-1(n). This shall be done after each route over which such pupils are to be transported has been laid out and established as provided in this chapter. Such contracts shall be awarded upon receipt of sealed bids or proposals after the time and place of letting such contracts and the manner of bidding have been duly advertised in some newspaper published in the county in accordance with the procedures provided in Section 31-7-13(c). If no newspaper is published in the county, then the advertisement shall be made by publication for the required time in some newspaper having a general circulation therein, and, in addition, by posting a copy thereof for that time in at least three (3) public places in the county, one (1) of which shall be at the county courthouse in each judicial district of the county. The awarding of all such contracts shall, however, in all respects be subject to the provisions of Section 37-41-29.

Private contracts for the transportation of exceptional children, as defined in Section 37-23-3, may be negotiated by the local school board without the necessity of the advertising for or taking of bids. The same may apply under extraordinary circumstances where regular transportation is considered to be impractical, with prior approval of the State Department of Education. The local school board may negotiate and contract for the transportation described in this paragraph so long as the local school board complies with the school transportation regulations promulgated by the State Board of Education.

Contracts shall be made for four (4) years, at the discretion of the local school board. Any and all bids may be rejected. At the expiration of any transportation contract, if the school board believes a route should remain substantially as established and finds that the carrier thereon has rendered efficient and satisfactory services it may, with the approval of the State Board of Education, extend the contract for not more than four (4) years, subject, however, to the provisions of Section 37-41-29.

SECTION 3. This act shall take effect and be in force from and after July 1, 2010.