Amended in Assembly August 19, 2016

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 safety alert 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 that plan to include procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth 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.

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 unattended onboard 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 grossbegin delete negligence.end deletebegin insert negligence, as defined.end insert The bill would authorize the department to refuse to issue or renew, and to revoke or suspend, a bus driver certificate on these grounds. 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.

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, except as provided, youth buses, and child care motor vehicles to be equipped with a “child safety alert system,” which is a device located at the interior rear of a vehicle that requires the driver to either manually contact or scan 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, a charter school, 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, a charter school,
19or 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.

27(5) Procedures and standards for designating an adult chaperone,
28other than the driver, to accompany pupils on a school pupil activity
29bus.

P4    1(b) A current copy of a plan prepared pursuant to subdivision
2(a) shall be retained by each school subject to the plan and made
3available upon request to an officer of the Department of the
4California Highway Patrol.

5

SEC. 3.  

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

6

39843.  

begin insert(a)end insertbegin insertend insert The county superintendent of schools, the
7superintendent of a school district, a charter school, or the owner
8or operator of a private school that provides transportation to or
9from a school or school activity shall notify the Department of
10Motor Vehicles, in a form and manner that the Department of
11Motor Vehicles specifies, within five calendar days after the county
12office of education, the governing board of a school district, the
13charter school, the owner or operator of the private school, or, in
14situations where the transportation services are contracted out, the
15driver’s employer, hasbegin delete orderedend deletebegin insert done both of the following:end insert

16begin insert(1)end insertbegin insertend insertbegin insertOrderedend insert and upheld disciplinary action, after completion of
17disciplinary procedures conducted in compliance with rights
18granted by law or a collective bargaining agreement, against a
19driver of a schoolbus, school pupil activity bus, or youth bus who
20was found to have left the immediate vicinity of the vehicle to
21which the driver had been assigned with an unsupervised pupil
22
begin delete onboard, and the county office of education, the governing board
23of the school district, the charter school, the owner or operator of
24the private school, or, in situations where the transportation services
25are contracted out, the driver’s employer, has madeend delete
begin insert onboard.end insert

26begin insert(2)end insertbegin insertend insertbegin insertMadeend insert a finding that the driver’s actions constituted gross
27negligence.begin delete Forend delete

28begin insert(b)end insertbegin insertend insertbegin insertForend insert purposes of this section, escorting pupils pursuant to
29paragraph (1) of subdivision (d) of Section 22112 of the Vehicle
30Code shall not be considered leaving the immediate vicinity of the
31vehicle.

begin insert

32
(c) For purposes of this section, “gross negligence” means the
33want of even scant care or an extreme departure from the ordinary
34standard of conduct.

end insert
35

SEC. 4.  

Section 39860 of the Education Code is amended to
36read:

37

39860.  

(a) The governing board of a school district may
38contract for the transportation of pupils attending schools within
39the district to and from any exposition or fair, school activities, or
40other activities that the governing board of the school district
P5    1determines to be for the benefit of the pupils, in this state, and may
2pay for the transportation out of any funds of the school district
3available for the purpose.

4(b) The governing board of a school district shall require that
5any contract for the transportation of pupils under this section shall
6include the requirement that a pupil shall not be left unattended
7on a schoolbus, school pupil activity bus, or youth bus in
8accordance with paragraph (4) of subdivision (a) of Section
939831.3.

10

SEC. 5.  

Section 40085 of the Education Code is amended to
11read:

12

40085.  

Applicants seeking to renew a certificate to drive a
13schoolbus as defined in Section 545 of the Vehicle Code or a school
14pupil activity bus as defined in Section 546 of the Vehicle Code
15shall have successfully completed at least 10 hours of original or
16renewal classroom instruction, or behind-the-wheel or in-service
17training, during each 12 months of certificate validity. In-service
18training credit may be given by a state-certified driver instructor
19of the appropriate class to an applicant for attending or participating
20in appropriate driver training workshops, driver safety meetings,
21driver safety conferences, and other activities directly related to
22passenger safety and driver training. During the last 12 months of
23the special driver certificate validity, the 10 hours required shall
24consist of classroom instruction covering, but not limited to, current
25laws and regulations, defensive driving, accident prevention,
26emergency procedures, passenger loading and unloading, and the
27inspection procedures pursuant to paragraph (4) of subdivision (a)
28of Section 39831.3. Failure to successfully complete the required
29training during any 12-month period of certificate validity is cause
30for the Department of Motor Vehicles to cancel the bus driver
31certificate. All training required by Section 40089 may be accepted
32in lieu of the requirements of this section.

33

SEC. 6.  

Section 13370 of the Vehicle Code is amended to read:

34

13370.  

(a) The department shall refuse to issue or shall revoke
35a schoolbus, school pupil activity bus, general public paratransit
36vehicle, or youth bus driver certificate, or a certificate for a vehicle
37used for the transportation of developmentally disabled persons,
38if any of the following causes apply to the applicant or certificate
39holder:

P6    1(1) Has been convicted of a sex offense as defined in Section
244010 of the Education Code.

3(2) Has been convicted, within two years, of an offense specified
4in Section 11361.5 of the Health and Safety Code.

5(3) Has failed to meet prescribed training requirements for
6 certificate issuance.

7(4) Has failed to meet prescribed testing requirements for
8certificate issuance.

9(5) Has been convicted of a violent felony listed in subdivision
10(c) of Section 667.5 of the Penal Code, or a serious felony listed
11in subdivision (c) of Section 1192.7 of the Penal Code. This
12paragraph shall not be applied to revoke a license that was valid
13on January 1, 2005, unless the certificate holder is convicted for
14an offense that is committed on or after that date.

15(b) The department may refuse to issue or renew, or may
16suspend or revoke a schoolbus, school pupil activity bus, general
17public paratransit vehicle, or youth bus driver certificate, or a
18certificate for a vehicle used for the transportation of
19developmentally disabled persons, if any of the following causes
20apply to the applicant or certificate holder:

21(1) Has been convicted of a crime specified in Section 44424
22of the Education Code within seven years. This paragraph does
23not apply if denial is mandatory.

24(2) Has committed an act involving moral turpitude.

25(3) Has been convicted of an offense, not specified in this section
26and other than a sex offense, that is punishable as a felony, within
27seven years.

28(4) Has been dismissed as a driver for a cause relating to pupil
29transportation safety.

30(5) Has been convicted, within seven years, of an offense
31relating to the use, sale, possession, or transportation of narcotics,
32habit-forming drugs, or dangerous drugs, except as provided in
33paragraph (3) of subdivision (a).

34(6) Has been reported to the Department of Motor Vehicles,
35pursuant to Section 39843 of the Education Code, for leaving a
36pupil unattended on a schoolbus, school pupil activity bus, or youth
37bus.

38(c) (1) Reapplication following refusal or revocation under
39paragraph (1), (2), or (3) of subdivision (a) or any paragraph of
P7    1subdivision (b) may be made after a period of not less than one
2year after the effective date of refusal or revocation.

3(2) Reapplication following refusal or revocation under
4paragraph (4) of subdivision (a) may be made after a period of not
5less than 45 days after the date of the applicant’s third testing
6failure.

7(3) An applicant or holder of a certificate may reapply for a
8certificate whenever a felony or misdemeanor conviction is
9reversed or dismissed. A termination of probation and dismissal
10of charges pursuant to Section 1203.4 of the Penal Code or a
11dismissal of charges pursuant to Section 1203.4a of the Penal Code
12is not a dismissal for purposes of this section.

13(4) A former applicant or holder of a certificate whose certificate
14was revoked pursuant to paragraph (6) of subdivision (b) may
15reapply for a certificate if the certificate revocation is reversed or
16dismissed by the department.

17

SEC. 7.  

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

19 

20Article 18.  Child Safety Alert System
21

 

22

28160.  

(a) On or before January 1, 2018, the department shall
23adopt regulations governing the specifications, installation, and
24use of child safety alert systems.

25(b) (1) On or before the beginning of the 2018-19 school year,
26each schoolbus, school pupil activity bus, except as provided in
27paragraph (2), youth bus, and child care motorbegin delete vehicle,end deletebegin insert vehicleend insert
28 shall be equipped with an operational child safety alert system.

29(2) A school pupil activity bus is not required to be equipped
30with an operational child safety alert system if all of the following
31apply:

32(A) The school pupil activity bus is not used exclusively to
33transport pupils.

34(B) When the school pupil activity bus is used to transport
35pupils, the pupils are accompanied by at least one adult chaperone
36selected by a school official. If an adult chaperone is not a school
37employee, the chaperone shall meet the requirements for a school
38volunteer established by the policies of the school district, county
39office of education, charter school, or private school.

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

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.

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.

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.

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

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

23(c) A “child safety alert system” is a device located at the interior
24rear of a vehicle that requires the driver to either manually contact
25or scan the device before exiting the vehicle, thereby prompting
26the driver to inspect the entirety of the interior of the vehicle before
27exiting.

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

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.

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

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.



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