Keenan Briefings

Briefing

SB 88: Pupil Transportation Driver Qualifications

Overview

SB 88, introduced by Senator Nancy Skinner, was passed and signed into law on October 7, 2023. The bill focuses on the qualifications and requirements for compensated drivers who provide pupil transportation services in California. Currently, some Local Education Agencies (LEAs) contract with third party private transportation companies to transport specific student population. Below are some key provisions in SB 88.

Key Provisions:

Driver Requirements:

• Drivers must be at least 18 years of age and hold a valid California driver’s license for the appropriate vehicle class.
• Drivers must submit and clear tuberculosis risk assessments.
• Drivers must pass a criminal background check, including fingerprint clearance.
• Drivers must have a satisfactory driving record that includes not committing any violation resulting in a point count of two or more or have had their driving privilege suspended, revoked, or on probation, within the last three (3) years.
• Drivers must be subject to and comply with drug and alcohol testing.
• Drivers must complete a medical examination not more than two (2) years old.
• Drivers must complete initial trainings and subsequent trainings, including first aid training.
• Vehicles used for pupil transportation must be inspected and equipped with a first aid kit and a fire extinguisher.

Contracting with Private Entities:

• LEAs contracting with private entities for pupil transportation must obtain a written attestation from the private entity confirming compliance with applicable laws when applying for the contract and during the contract’s duration.
• Third parties can report the private entity of non-compliance to the relevant LEA.
• Vehicles used by the private entity must be inspected every 12 months, or every 50,000 miles, at a facility licensed by the Bureau of Automotive Repair to ensure the vehicle passed a 19-point inspection.
• The vehicles must also be equipped with a first aid kit and fire extinguisher.

Applicability:

• SB 88’s requirements are to become operative on July 1, 2025, however if a contract between a LEA and a private entity that provides pupil transportation had been in place before January 1, 2024, then the requirements will not apply until the expiration or renewal of the contract.
• The bill applies to all drivers employed by or contracted with LEAs, or contracted by any entity funded by an LEA, providing school-related pupil transportation for compensation.
• SB 88 does not apply to drivers of specified government entities, certain compensated individuals, school employees providing transportation for specific activities, and drivers in emergency situations.

Exemptions:

• Drivers of specified public entities (i.e., municipal transit systems, foster family agency, congregate care facility, etc.).
• School employees providing transportation for field trips, extracurricular activities, or athletic programs, not exceeding 40 hours of drive time per school year.
• Drivers transporting pupils due to emergencies or immediate threats to their safety.

This bill aims to enhance the safety and reliability of pupil transportation by ensuring that drivers meet specific health and safety standards and that vehicles are properly equipped and inspected. We recommend reviewing the bill to fully ensure compliance.

References:
[1] SB 88: Pupil transportation: driver qualifications.

Keenan is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Clients are advised to consult with their own attorney for a determination of their legal rights, responsibilities, and liabilities, including the interpretation of any statute or regulation, or its application to the clients’ business activities.