BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1072 (Mendoza) - Schoolbus safety: child safety alarm system ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 7, 2016 |Policy Vote: T. & H. 10 - 0, | | | ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 2, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill does not meet the criteria for referral to the Suspense File. Bill Summary: SB 1072 would require schoolbuses, school pupil activity buses (SPABs), and youth buses to be equipped with a child safety alarm system by the beginning of the 2018-19 school year, as specified. The bill would also enhance procedures and training regarding pupil transportation to ensure a child is not left unattended on a schoolbus. Fiscal Impact: Unknown, likely significant local costs to implement the requirements of this bill. These costs are not state SB 1072 (Mendoza) Page 1 of ? reimbursable. See staff comments. Minor costs to the California Department of Education (CDE) to modify bus driver training programs to include instruction on inspection procedures that ensure a student is not left unattended. (General Fund) Minor and absorbable costs for the California Highway Patrol (CHP) to adopt regulations regarding child safety alarm systems, and to incorporate requirements into school bus inspections. (Motor Vehicle Account) Minor and absorbable costs for the Department of Motor Vehicles (DMV) to account for an additional circumstance that would result in the refusal to issue or renew a bus driver certificate, or the revocation or suspension of that certificate. (Motor Vehicle Account) Background: Existing law requires 40 hours of initial training before a person may be eligible to take the written and behind-the-wheel exams for recommendation by the CHP for a certificate issued by DMV to drive a school bus (35 hours for a SPAB), and requires 10 hours of training annually to be eligible to renew a certificate. Certificates may be valid for up to five years. Existing law requires the training within the last 12 months of the validity of the certificate to include specific topics, including current laws and regulations, defensive driving, accident prevention, emergency procedures, and passenger loading and unloading. The certificate is revocable if the bus driver misbehaves. The DMV must revoke the certificate if the driver has been convicted of a sex offense, as specified, or a violent felony. In addition, the DMV may revoke the certificate if the driver has been convicted of other less serious crimes. Existing law also requires the California Department of Education (CDE) to develop or approve courses for training SPAB, transit bus, school bus, and farm labor vehicle drivers that will provide them with the skills and knowledge necessary to prepare them for certification by the DMV. (Education Code § 40070) The curriculum for this training currently includes procedures for loading and unloading students and includes some SB 1072 (Mendoza) Page 2 of ? information specific to ensuring that a student is not left behind on a bus. 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 students. The plan must address several specified topics. Proposed Law: SB 1072 would require schoolbuses, school pupil activity buses (SPABs), and youth buses to be equipped with a specified child safety alarm system by the beginning of the 2018-19 school year. CHP must adopt regulations governing the specifications, installation, and use of the alarm systems by January 1, 2018. This bill expands the required contents of a transportation safety plan to include procedures to ensure that a student is not left unattended on a school bus, school student activity bus, or youth bus. This bill also requires a school district to include this requirement in a contract for the transportation of students. This bill 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 notify the DMV within five calendar days of discovery that a driver of a school bus, school student activity bus, or youth bus has left the immediate vicinity of the vehicle to which the driver has been assigned with an unsupervised student onboard. DMV would be authorized to refuse to issue or renew, or to suspend or revoke, a bus driver certificate upon the report of an incident. This bill expands the training required during the last 12 months for which the special driver certificate is valid, in which the 10 hours required must include instruction on the inspection procedures included in the transportation plan. Related Legislation: SB 247 (Lara) places new safety requirements on charter buses (none specific to child safety alarms). SB 247 is SB 1072 (Mendoza) Page 3 of ? pending in the Assembly Transportation Committee. Staff Comments: Staff notes that the additional requirements related to expanding the required transportation plan, reporting to the DMV, providing related training, and installation of the child alarm systems are unlikely to result in a determination of the Commission on State Mandates (Commission) that these activities impose a reimbursable state mandate. Test claims submitted for related school bus safety requirements in statute, including the development of a transportation plan and requiring seatbelts in buses, have been determined by the Commission to not constitute a reimbursable state mandate because those activities are triggered by a decision to provide transportation services to students. Education Code Section 39800 authorizes, but does not require this activity for school districts. This bill also allows the DMV to refuse to issue or revoke a bus driver certificate for a vehicle used for the transportation of developmentally disabled persons if the DMV receives a report that a student was left unattended on a bus. Federal law, under the Individuals with Disabilities Education Act (IDEA), requires local educational agencies to provide special education and related services specified in a student's individualized education program, which may include transportation, at no cost to parents to meet the unique needs of a child with a disability. According to the Commission, "although school districts may provide school bus or school pupil activity bus transportation, along with a variety of other possible options, to fulfill the possible transportation requirements under the IDEA, neither state law nor the IDEA require school districts to provide school bus or school pupil activity bus transportation." Therefore the provisions in this bill affecting developmentally disabled students are unlikely to result in a reimbursable state mandate. This bill would impose new requirements upon school districts and county offices of education that opt to provide a transportation program to students. According to a Legislative Analyst's Office report, most school districts in the state operate school bus programs to transport a portion of their students to and from school. According to the author's office, the Los Angeles Unified School District installed child safety alarms, consistent with this bill, at a cost of $194,000 for its SB 1072 (Mendoza) Page 4 of ? 1,300 buses. Other costs would include staff time to update transportation plans and report incidences to the DMV. School districts are likely to use local discretionary funds or if they received Home-to-School Transportation funding in 2012-13, they have this amount available to them through an add-on of the Local Control Funding Formula. Statewide, the Home-to-School Transportation funding is about $461 million. -- END --