Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3303Introduced by Assembly Member CooperFebruary 21, 2020 An act to add Section 39802.5 to the Education Code, relating to transportation. local educational agencies.LEGISLATIVE COUNSEL'S DIGESTAB 3303, as amended, Cooper. Transportation Local educational agencies: home-to-school transportation: transportation network companies: home-to-school transportation: driver requirements.Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools, provide instruction, and provide home-to-school transportation to pupils in kindergarten and grades 1 to 12, inclusive.The Passenger Charter-party Carriers Act defines a transportation network company as an organization, whether a corporation, limited liability company, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using a personal vehicle. Existing law requires a transportation network company to comply with specific requirements for liability insurance coverage, background checks, and other regulatory matters applicable to transportation network companies and their participating drivers, as defined. A violation of the act is a crime. This bill would state the intent of the Legislature to enact subsequent legislation that would require transportation network company drivers who provide home-to-school transportation to meet the same requirements and procedural responsibilities as schoolbus drivers, including, but not limited to, requirements relating to background checks, training, and certifications.If a local educational agency elects to have a transportation network company provide home-to-school transportation pursuant to a contract entered into on or after January 1, 2021, this bill would require the local educational agency to ensure that the contract is in compliance with established standards for the use of personal services contracts in school districts for all services currently or customarily performed by classified school employees to achieve cost savings and that the transportation network companys drivers meet all of the same requirements that apply to school bus drivers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 39802.5 is added to the Education Code, to read:39802.5. (a) If a local educational agency elects to have a transportation network company provide home-to-school transportation pursuant to a contract entered into on or after January 1, 2021, the local educational agency shall ensure that the contract is in compliance with Section 45103.1, and that the transportation network companys drivers providing home-to-school transportation pursuant to the contract meet all of the same requirements that apply to a school bus driver, including, but not limited to, all of the following:(1) Background checks, including, but not limited to, preemployment background checks, criminal background checks, fingerprinting pursuant to Section 12517.3 of the Vehicle Code, physical examinations, medical examinations pursuant to Section 12517.2 of the Vehicle Code, and drug and alcohol testing, including, but not limited to, testing pursuant to Section 13376 of the Vehicle Code.(2) Training and instruction requirements, including, but not limited to, the requirements described in Sections 40082 and 40085.(3) Certification and license requirements, including, but not limited to, requirements, as applicable, described in Section 40088, and Sections 12517, 12517.4, 12517.45, 12522, 12523.6, 13369, and 13370 of the Vehicle Code.(b) As used in this section, a local educational agency means a school district, a county office of education, or a charter school.SECTION 1.It is the intent of the Legislature to enact subsequent legislation that would require transportation network company drivers who provide home-to-school transportation to comply with the same requirements and procedural responsibilities as schoolbus drivers, including, but not limited to, those relating to background checks, training, and certifications.
Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3303Introduced by Assembly Member CooperFebruary 21, 2020 An act to add Section 39802.5 to the Education Code, relating to transportation. local educational agencies.LEGISLATIVE COUNSEL'S DIGESTAB 3303, as amended, Cooper. Transportation Local educational agencies: home-to-school transportation: transportation network companies: home-to-school transportation: driver requirements.Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools, provide instruction, and provide home-to-school transportation to pupils in kindergarten and grades 1 to 12, inclusive.The Passenger Charter-party Carriers Act defines a transportation network company as an organization, whether a corporation, limited liability company, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using a personal vehicle. Existing law requires a transportation network company to comply with specific requirements for liability insurance coverage, background checks, and other regulatory matters applicable to transportation network companies and their participating drivers, as defined. A violation of the act is a crime. This bill would state the intent of the Legislature to enact subsequent legislation that would require transportation network company drivers who provide home-to-school transportation to meet the same requirements and procedural responsibilities as schoolbus drivers, including, but not limited to, requirements relating to background checks, training, and certifications.If a local educational agency elects to have a transportation network company provide home-to-school transportation pursuant to a contract entered into on or after January 1, 2021, this bill would require the local educational agency to ensure that the contract is in compliance with established standards for the use of personal services contracts in school districts for all services currently or customarily performed by classified school employees to achieve cost savings and that the transportation network companys drivers meet all of the same requirements that apply to school bus drivers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly May 04, 2020
Amended IN Assembly May 04, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 3303
Introduced by Assembly Member CooperFebruary 21, 2020
Introduced by Assembly Member Cooper
February 21, 2020
An act to add Section 39802.5 to the Education Code, relating to transportation. local educational agencies.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3303, as amended, Cooper. Transportation Local educational agencies: home-to-school transportation: transportation network companies: home-to-school transportation: driver requirements.
Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools, provide instruction, and provide home-to-school transportation to pupils in kindergarten and grades 1 to 12, inclusive.The Passenger Charter-party Carriers Act defines a transportation network company as an organization, whether a corporation, limited liability company, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using a personal vehicle. Existing law requires a transportation network company to comply with specific requirements for liability insurance coverage, background checks, and other regulatory matters applicable to transportation network companies and their participating drivers, as defined. A violation of the act is a crime. This bill would state the intent of the Legislature to enact subsequent legislation that would require transportation network company drivers who provide home-to-school transportation to meet the same requirements and procedural responsibilities as schoolbus drivers, including, but not limited to, requirements relating to background checks, training, and certifications.If a local educational agency elects to have a transportation network company provide home-to-school transportation pursuant to a contract entered into on or after January 1, 2021, this bill would require the local educational agency to ensure that the contract is in compliance with established standards for the use of personal services contracts in school districts for all services currently or customarily performed by classified school employees to achieve cost savings and that the transportation network companys drivers meet all of the same requirements that apply to school bus drivers.
Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools, provide instruction, and provide home-to-school transportation to pupils in kindergarten and grades 1 to 12, inclusive.
The Passenger Charter-party Carriers Act defines a transportation network company as an organization, whether a corporation, limited liability company, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using a personal vehicle. Existing law requires a transportation network company to comply with specific requirements for liability insurance coverage, background checks, and other regulatory matters applicable to transportation network companies and their participating drivers, as defined. A violation of the act is a crime.
This bill would state the intent of the Legislature to enact subsequent legislation that would require transportation network company drivers who provide home-to-school transportation to meet the same requirements and procedural responsibilities as schoolbus drivers, including, but not limited to, requirements relating to background checks, training, and certifications.
If a local educational agency elects to have a transportation network company provide home-to-school transportation pursuant to a contract entered into on or after January 1, 2021, this bill would require the local educational agency to ensure that the contract is in compliance with established standards for the use of personal services contracts in school districts for all services currently or customarily performed by classified school employees to achieve cost savings and that the transportation network companys drivers meet all of the same requirements that apply to school bus drivers.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 39802.5 is added to the Education Code, to read:39802.5. (a) If a local educational agency elects to have a transportation network company provide home-to-school transportation pursuant to a contract entered into on or after January 1, 2021, the local educational agency shall ensure that the contract is in compliance with Section 45103.1, and that the transportation network companys drivers providing home-to-school transportation pursuant to the contract meet all of the same requirements that apply to a school bus driver, including, but not limited to, all of the following:(1) Background checks, including, but not limited to, preemployment background checks, criminal background checks, fingerprinting pursuant to Section 12517.3 of the Vehicle Code, physical examinations, medical examinations pursuant to Section 12517.2 of the Vehicle Code, and drug and alcohol testing, including, but not limited to, testing pursuant to Section 13376 of the Vehicle Code.(2) Training and instruction requirements, including, but not limited to, the requirements described in Sections 40082 and 40085.(3) Certification and license requirements, including, but not limited to, requirements, as applicable, described in Section 40088, and Sections 12517, 12517.4, 12517.45, 12522, 12523.6, 13369, and 13370 of the Vehicle Code.(b) As used in this section, a local educational agency means a school district, a county office of education, or a charter school.SECTION 1.It is the intent of the Legislature to enact subsequent legislation that would require transportation network company drivers who provide home-to-school transportation to comply with the same requirements and procedural responsibilities as schoolbus drivers, including, but not limited to, those relating to background checks, training, and certifications.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 39802.5 is added to the Education Code, to read:39802.5. (a) If a local educational agency elects to have a transportation network company provide home-to-school transportation pursuant to a contract entered into on or after January 1, 2021, the local educational agency shall ensure that the contract is in compliance with Section 45103.1, and that the transportation network companys drivers providing home-to-school transportation pursuant to the contract meet all of the same requirements that apply to a school bus driver, including, but not limited to, all of the following:(1) Background checks, including, but not limited to, preemployment background checks, criminal background checks, fingerprinting pursuant to Section 12517.3 of the Vehicle Code, physical examinations, medical examinations pursuant to Section 12517.2 of the Vehicle Code, and drug and alcohol testing, including, but not limited to, testing pursuant to Section 13376 of the Vehicle Code.(2) Training and instruction requirements, including, but not limited to, the requirements described in Sections 40082 and 40085.(3) Certification and license requirements, including, but not limited to, requirements, as applicable, described in Section 40088, and Sections 12517, 12517.4, 12517.45, 12522, 12523.6, 13369, and 13370 of the Vehicle Code.(b) As used in this section, a local educational agency means a school district, a county office of education, or a charter school.
SECTION 1. Section 39802.5 is added to the Education Code, to read:
### SECTION 1.
39802.5. (a) If a local educational agency elects to have a transportation network company provide home-to-school transportation pursuant to a contract entered into on or after January 1, 2021, the local educational agency shall ensure that the contract is in compliance with Section 45103.1, and that the transportation network companys drivers providing home-to-school transportation pursuant to the contract meet all of the same requirements that apply to a school bus driver, including, but not limited to, all of the following:(1) Background checks, including, but not limited to, preemployment background checks, criminal background checks, fingerprinting pursuant to Section 12517.3 of the Vehicle Code, physical examinations, medical examinations pursuant to Section 12517.2 of the Vehicle Code, and drug and alcohol testing, including, but not limited to, testing pursuant to Section 13376 of the Vehicle Code.(2) Training and instruction requirements, including, but not limited to, the requirements described in Sections 40082 and 40085.(3) Certification and license requirements, including, but not limited to, requirements, as applicable, described in Section 40088, and Sections 12517, 12517.4, 12517.45, 12522, 12523.6, 13369, and 13370 of the Vehicle Code.(b) As used in this section, a local educational agency means a school district, a county office of education, or a charter school.
39802.5. (a) If a local educational agency elects to have a transportation network company provide home-to-school transportation pursuant to a contract entered into on or after January 1, 2021, the local educational agency shall ensure that the contract is in compliance with Section 45103.1, and that the transportation network companys drivers providing home-to-school transportation pursuant to the contract meet all of the same requirements that apply to a school bus driver, including, but not limited to, all of the following:(1) Background checks, including, but not limited to, preemployment background checks, criminal background checks, fingerprinting pursuant to Section 12517.3 of the Vehicle Code, physical examinations, medical examinations pursuant to Section 12517.2 of the Vehicle Code, and drug and alcohol testing, including, but not limited to, testing pursuant to Section 13376 of the Vehicle Code.(2) Training and instruction requirements, including, but not limited to, the requirements described in Sections 40082 and 40085.(3) Certification and license requirements, including, but not limited to, requirements, as applicable, described in Section 40088, and Sections 12517, 12517.4, 12517.45, 12522, 12523.6, 13369, and 13370 of the Vehicle Code.(b) As used in this section, a local educational agency means a school district, a county office of education, or a charter school.
39802.5. (a) If a local educational agency elects to have a transportation network company provide home-to-school transportation pursuant to a contract entered into on or after January 1, 2021, the local educational agency shall ensure that the contract is in compliance with Section 45103.1, and that the transportation network companys drivers providing home-to-school transportation pursuant to the contract meet all of the same requirements that apply to a school bus driver, including, but not limited to, all of the following:(1) Background checks, including, but not limited to, preemployment background checks, criminal background checks, fingerprinting pursuant to Section 12517.3 of the Vehicle Code, physical examinations, medical examinations pursuant to Section 12517.2 of the Vehicle Code, and drug and alcohol testing, including, but not limited to, testing pursuant to Section 13376 of the Vehicle Code.(2) Training and instruction requirements, including, but not limited to, the requirements described in Sections 40082 and 40085.(3) Certification and license requirements, including, but not limited to, requirements, as applicable, described in Section 40088, and Sections 12517, 12517.4, 12517.45, 12522, 12523.6, 13369, and 13370 of the Vehicle Code.(b) As used in this section, a local educational agency means a school district, a county office of education, or a charter school.
39802.5. (a) If a local educational agency elects to have a transportation network company provide home-to-school transportation pursuant to a contract entered into on or after January 1, 2021, the local educational agency shall ensure that the contract is in compliance with Section 45103.1, and that the transportation network companys drivers providing home-to-school transportation pursuant to the contract meet all of the same requirements that apply to a school bus driver, including, but not limited to, all of the following:
(1) Background checks, including, but not limited to, preemployment background checks, criminal background checks, fingerprinting pursuant to Section 12517.3 of the Vehicle Code, physical examinations, medical examinations pursuant to Section 12517.2 of the Vehicle Code, and drug and alcohol testing, including, but not limited to, testing pursuant to Section 13376 of the Vehicle Code.
(2) Training and instruction requirements, including, but not limited to, the requirements described in Sections 40082 and 40085.
(3) Certification and license requirements, including, but not limited to, requirements, as applicable, described in Section 40088, and Sections 12517, 12517.4, 12517.45, 12522, 12523.6, 13369, and 13370 of the Vehicle Code.
(b) As used in this section, a local educational agency means a school district, a county office of education, or a charter school.
It is the intent of the Legislature to enact subsequent legislation that would require transportation network company drivers who provide home-to-school transportation to comply with the same requirements and procedural responsibilities as schoolbus drivers, including, but not limited to, those relating to background checks, training, and certifications.