Amended in Assembly June 29, 2016

Amended in Senate April 7, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1072


Introduced by Senator Mendoza

(Coauthor: Assembly Member Calderon)

February 16, 2016


An act to amend Sections 39831.3, 39860, and 40085 of, and to add Section 39843 to, the Education Code, and to amend Section 13370 of, and to add Article 18 (commencing with Section 28160) to Chapter 5 of Division 12 of, the Vehicle Code, relating to schoolbus safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 1072, as amended, Mendoza. Schoolbus safety: child safetybegin delete alarmend deletebegin insert alertend insert system.

Existing law requires the county superintendent of schools, the superintendent of a school district, or the owner or operator of a private school that provides transportation to or from a school or school activity to prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils, as prescribed.

This bill would require thatbegin insert plan to includeend insert procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youthbegin delete bus be included in that plan.end deletebegin insert bus, and procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus. The bill would additionally require a charter school to prepare this plan.end insert

Existing law authorizes the governing board of a school district to contract for the transportation of pupils attending schools within the district, as specified.

This bill would require the governing board of a school district to require that any contract for the transportation of pupils includes the requirement that a pupil shall not be left unattended on a schoolbus, school pupil activity bus, or youth bus, as provided.

Existing law requires applicants seeking to renew a certificate to drive a schoolbus or a school pupil activity bus to complete classroom instruction and training, as specified.

This bill would require that classroom instruction to also cover the inspection procedures to ensure pupils are not left unattended on a schoolbus or school pupil activity bus.

Existing law authorizes the Department of Motor Vehicles to refuse to issue or renew, and to revoke or suspend, a schoolbus, school pupil activity bus, or youth bus driver certificate under certain, listed conditions.

This bill would require certain school officials to notify the department when a driver of such a bus has left a pupil unattendedbegin delete onboard, andend deletebegin insert end insertbegin insertonboard after a specified school entity or the driver’s employer has ordered and upheld disciplinary action against the driver for the driver’s actions and has made a finding that the driver’s actions constituted gross negligence. The bill wouldend insert authorize the department to refuse to issue or renew, and to revoke or suspend, a bus driver certificate on these grounds.begin insert The bill would permit a former applicant or holder of a certificate whose certificate was revoked pursuant to these provisions to reapply for a certificate if the certificate revocation is reversed or dismissed by the department. end insert

Existing law requires all schoolbuses to be equipped with certain safety features, as specified.

This bill would require, on or before the beginning of the 2018-19 school year, schoolbuses, school pupil activity buses,begin delete andend deletebegin insert except as provided,end insert youthbegin delete busesend deletebegin insert buses, and child care motor vehiclesend insert to be equipped with a “child safetybegin delete alarmend deletebegin insert alertend insert system,” which is a device located at the interior rear of a vehicle that requires the driver tobegin insert eitherend insert manually contactbegin insert or scanend insert the device before exiting the vehicle, thereby prompting the driver to inspect the entirety of the interior of the vehicle before exiting.

Because a violation of the above requirement would be a Vehicle Code infraction, the bill would impose a state-mandated local program by creating new crimes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

This act shall be known, and may be cited, as
2the Paul Lee School Bus Safety Law.

3

SEC. 2.  

Section 39831.3 of the Education Code is amended to
4read:

5

39831.3.  

(a) The county superintendent of schools, the
6superintendent of a school district,begin insert a charter school,end insert or the owner
7or operator of a private school that provides transportation to or
8from a school or school activity shall prepare a transportation
9safety plan containing procedures for school personnel to follow
10to ensure the safe transport of pupils. The plan shall be revised as
11required. The plan shall address all of the following:

12(1) Determining if pupils require escort pursuant to paragraph
13(1) of subdivision (d) of Section 22112 of the Vehicle Code.

14(2) (A) Procedures for all pupils in prekindergarten,
15kindergarten, and grades 1 to 8, inclusive, to follow as they board
16and exit the appropriate schoolbus at each pupil’s schoolbus stop.

17(B) Nothing in this paragraph requires a county superintendent
18of schools, the superintendent of a school district,begin insert a charter school,end insert
19 or the owner or operator of a private school that provides
20transportation to or from a school or school activity, to use the
21services of an onboard schoolbus monitor, in addition to the driver,
22to carry out the purposes of this paragraph.

23(3) Boarding and exiting a schoolbus at a school or other trip
24destination.

25(4) Procedures to ensure that a pupil is not left unattended on a
26schoolbus, school pupil activity bus, or youth bus.

begin insert

P4    1
(5) Procedures and standards for designating an adult
2chaperone, other than the driver, to accompany pupils on a school
3pupil activity bus.

end insert

4(b) A current copy of a plan prepared pursuant to subdivision
5(a) shall be retained by each school subject to the plan and made
6available upon request to an officer of the Department of the
7California Highway Patrol.

8

SEC. 3.  

Section 39843 is added to the Education Code, to read:

9

39843.  

The county superintendent of schools, the
10superintendent of a school district,begin insert a charter school,end insert or the owner
11or operator of a private school that provides transportation to or
12from a school or school activity shall notify the Department of
13Motor Vehicles, in a form and manner that thebegin delete departmentend delete
14begin insert Department of Motor Vehiclesend insert specifies, within five calendar days
15begin delete of discovery thatend deletebegin insert after the county office of education, the governing
16board of a school district, the charter school, the owner or operator
17of the private school, or, in situations where the transportation
18services are contracted out, the driver’s employer, has ordered
19and upheld disciplinary action, after completion of disciplinary
20procedures conducted in compliance with rights granted by law
21or a collective bargaining agreement, againstend insert
a driver of a
22schoolbus, school pupil activity bus, or youth busbegin delete hasend deletebegin insert who was
23found to haveend insert
left the immediate vicinity of the vehicle to which
24the driverbegin delete hasend deletebegin insert hadend insert been assigned with an unsupervised pupil
25begin delete onboard.end deletebegin insert onboard, and the county office of education, the governing
26board of the school district, the charter school, the owner or
27operator of the private school, or, in situations where the
28transportation services are contracted out, the driver’s employer,
29has made a finding that the driver’s actions constituted gross
30negligence.end insert
For purposes of this section, escorting pupils pursuant
31to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle
32Code shall not be considered leaving the immediate vicinity of the
33vehicle.

34

SEC. 4.  

Section 39860 of the Education Code is amended to
35read:

36

39860.  

(a) The governing board of a school district may
37contract for the transportation of pupils attending schools within
38the district to and from any exposition or fair, school activities, or
39other activities that the governing board of the school district
40determines to be for the benefit of the pupils, in this state, and may
P5    1pay for the transportation out of any funds of the school district
2available for the purpose.

3(b) The governing board of a school district shall require that
4any contract for the transportation of pupils under this section shall
5include the requirement that a pupil shall not be left unattended
6on a schoolbus, school pupil activity bus, or youth bus in
7accordance with paragraph (4) of subdivision (a) of Section
839831.3.

9

SEC. 5.  

Section 40085 of the Education Code is amended to
10read:

11

40085.  

Applicants seeking to renew a certificate to drive a
12schoolbus as defined in Section 545 of the Vehicle Code or a school
13pupil activity bus as defined in Section 546 of the Vehicle Code
14shall have successfully completed at least 10 hours of original or
15renewal classroom instruction, or behind-the-wheel or in-service
16training, during each 12 months of certificate validity. In-service
17training credit may be given by a state-certified driver instructor
18of the appropriate class to an applicant for attending or participating
19in appropriate driver training workshops, driver safety meetings,
20driver safety conferences, and other activities directly related to
21passenger safety and driver training. During the last 12 months of
22the special driver certificate validity, the 10 hours required shall
23consist of classroom instruction covering, but not limited to, current
24laws and regulations, defensive driving, accident prevention,
25emergency procedures, passenger loading and unloading, and the
26inspection procedures pursuant to paragraph (4) of subdivision (a)
27of Section 39831.3. Failure to successfully complete the required
28training during any 12-month period of certificate validity is cause
29for the Department of Motor Vehicles to cancel thebegin delete busdriverend deletebegin insert bus
30driverend insert
certificate. All training required by Section 40089 may be
31accepted in lieu of the requirements of this section.

32

SEC. 6.  

Section 13370 of the Vehicle Code is amended to read:

33

13370.  

(a) The department shall refuse to issue or shall revoke
34a schoolbus, school pupil activity bus, general public paratransit
35vehicle, or youth bus driver certificate, or a certificate for a vehicle
36used for the transportation of developmentally disabled persons,
37if any of the following causes apply to the applicant or certificate
38holder:

39(1) Has been convicted of a sex offense as defined in Section
4044010 of the Education Code.

P6    1(2) Has been convicted, within two years, of an offense specified
2in Section 11361.5 of the Health and Safety Code.

3(3) Has failed to meet prescribed training requirements for
4 certificate issuance.

5(4) Has failed to meet prescribed testing requirements for
6certificate issuance.

7(5) Has been convicted of a violent felony listed in subdivision
8(c) of Section 667.5 of the Penal Code, or a serious felony listed
9in subdivision (c) of Section 1192.7 of the Penal Code. This
10paragraph shall not be applied to revoke a license that was valid
11on January 1, 2005, unless the certificate holder is convicted for
12an offense that is committed on or after that date.

13(b) The department may refuse to issue or renew, or may
14suspend or revoke a schoolbus, school pupil activity bus, general
15public paratransit vehicle, or youth bus driver certificate, or a
16certificate for a vehicle used for the transportation of
17developmentally disabled persons, if any of the following causes
18apply to the applicant or certificate holder:

19(1) Has been convicted of a crime specified in Section 44424
20of the Education Code within seven years. This paragraph does
21not apply if denial is mandatory.

22(2) Has committed an act involving moral turpitude.

23(3) Has been convicted of an offense, not specified in this section
24and other than a sex offense, that is punishable as a felony, within
25seven years.

26(4) Has been dismissed as a driver for a cause relating to pupil
27transportation safety.

28(5) Has been convicted, within seven years, of an offense
29relating to the use, sale, possession, or transportation of narcotics,
30habit-forming drugs, or dangerous drugs, except as provided in
31paragraph (3) of subdivision (a).

32(6) Has been reported to the Department of Motor Vehicles,
33pursuant to Section 39843 of the Education Code, for leaving a
34pupil unattended on a schoolbus, school pupil activity bus, or youth
35bus.

36(c) (1) Reapplication following refusal or revocation under
37paragraph (1), (2), or (3) of subdivision (a) or any paragraph of
38subdivision (b) may be made after a period of not less than one
39year after the effective date of refusal or revocation.

P7    1(2) Reapplication following refusal or revocation under
2paragraph (4) of subdivision (a) may be made after a period of not
3less than 45 days after the date of the applicant’s third testing
4failure.

5(3) An applicant or holder of a certificate may reapply for a
6certificate whenever a felony or misdemeanor conviction is
7reversed or dismissed. A termination of probation and dismissal
8of charges pursuant to Section 1203.4 of the Penal Code or a
9dismissal of charges pursuant to Section 1203.4a of the Penal Code
10is not a dismissal for purposes of this section.

begin insert

11
(4) A former applicant or holder of a certificate whose certificate
12was revoked pursuant to paragraph (6) of subdivision (b) may
13reapply for a certificate if the certificate revocation is reversed or
14dismissed by the department.

end insert
15

SEC. 7.  

Article 18 (commencing with Section 28160) is added
16to Chapter 5 of Division 12 of the Vehicle Code, to read:

17 

18Article 18.  Child Safetybegin delete Alarmend deletebegin insert Alertend insert System
19

 

20

28160.  

(a) On or before January 1, 2018, the department shall
21adopt regulations governing the specifications, installation, and
22use of child safetybegin delete alarmend deletebegin insert alertend insert systems.

23(b) begin insert(1)end insertbegin insertend insert On or before the beginning of the 2018-19 school year,
24each schoolbus, school pupil activity bus,begin delete andend deletebegin insert except as provided
25in paragraph (2),end insert
youthbegin delete busend deletebegin insert bus, and child care motor vehicle,end insert
26 shall be equipped with an operational child safetybegin delete alarmend deletebegin insert alertend insert
27 system.

begin insert

28
(2) A school pupil activity bus is not required to be equipped
29with an operational child safety alert system if all of the following
30apply:

end insert
begin insert

31
(A) The school pupil activity bus is not used exclusively to
32transport pupils.

end insert
begin insert

33
(B) When the school pupil activity bus is used to transport
34pupils, the pupils are accompanied by at least one adult chaperone
35selected by a school official. If an adult chaperone is not a school
36employee, the chaperone shall meet the requirements for a school
37volunteer established by the policies of the school district, county
38office of education, charter school, or private school.

end insert
begin insert

P8    1
(C) One adult chaperone has a list of every pupil and adult
2chaperone, including a school employee, that is on the school pupil
3activity bus at the time of departure.

end insert
begin insert

4
(D) The driver has reviewed all safety and emergency
5procedures before the initial departure and the driver and adult
6chaperone have signed a form with the time and date
7acknowledging that the safety plan and procedures were reviewed.

end insert
begin insert

8
(E) Immediately before departure from any location, the adult
9chaperone shall account for each pupil on the list of pupils, verify
10the number of pupils to the driver, and sign a form indicating that
11all pupils are present or accounted for.

end insert
begin insert

12
(F) After pupils have exited a school pupil activity bus, and
13before driving away, the driver shall check all areas of the bus,
14including, but not limited to, overhead compartments and
15bathrooms, to ensure that the bus is vacant.

end insert
begin insert

16
(G) The driver shall sign a form with the time and date verifying
17that all required procedures have been followed.

end insert
begin insert

18
(H) The information required to be recorded pursuant to
19subparagraphs (D), (E), and (G) may be recorded on a single
20form. These forms shall be retained by the school district, county
21office of education, charter school, or private school for a minimum
22of two years.

end insert

23(c) A “child safetybegin delete alarmend deletebegin insert alertend insert system” is a device located at
24the interior rear of a vehicle that requires the driver tobegin insert eitherend insert
25 manually contactbegin insert or scanend insert the device before exiting the vehicle,
26thereby prompting the driver to inspect the entirety of the interior
27of the vehicle before exiting.

begin insert

28
(d) For purposes of this section, the following definitions apply:

end insert
begin insert

29
(1) “Child care motor vehicle” means a vehicle designed, used,
30or maintained for more than eight persons, including the driver,
31that is used by a child care provider to transport children.

end insert
begin insert

32
(2) “Child care provider” has the same meaning as provided
33for “day care center” in Section 1596.76 of the Health and Safety
34Code.

end insert
35

SEC. 8.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P9    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



O

    96