CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 878Introduced by Senator Skinner(Coauthor: Senator Leyva)January 25, 2022 An act to amend Section 39800 of, and to add Sections 39800.1 and 39800.2 to, the Education Code, relating to school transportation. LEGISLATIVE COUNSEL'S DIGESTSB 878, as introduced, Skinner. School transportation.Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever, in the judgment of the board, the transportation is advisable and good reasons exist to do so. Existing law permits the governing board of a school district to allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the school district. Under existing law, a state reimbursement may not be received by a school district for the transportation of preschool or nursery school pupils.This bill instead would require the governing board or body of a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program, beginning in the 202324 school year, to offer to transport all pupils to and from their neighborhood school, as defined, except as provided. By imposing new duties on a local educational agency, the bill would constitute a state-mandated local program. The bill would authorize the governing board or body of those local educational agencies to receive a state reimbursement for transporting preschool or nursery school pupils if funding for that travel has been appropriated in the annual budget act or another statute for this purpose.Commencing January 1, 2023, the bill would require a pupil attending a public, noncharter school to be offered free transportation to and from their neighborhood school. The bill would require a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program that does not currently provide transportation to all pupils in the local educational agency to implement a plan to ensure that all pupils attending the local educational agency are offered free transportation to and from school. The bill would require these plans to be developed in consultation with specified stakeholders. By imposing new duties on a local educational agency, the bill would constitute a state-mandated local program.The bill would also create the Transportation Access to Public Schools Fund in the State Treasury under the administration of the State Department of Education. The bill would require moneys in the fund, upon appropriation by the Legislature, to be allocated to the department to be allocated to certain local educational agencies providing pupil transportation services, as specified.The bill would make all of these provisions operative only upon an appropriation of funds for these purposes.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) According to data released by the United States Census Bureau, without a high school diploma, Americans are almost twice as likely to live in poverty.(2) Several independent academic studies indicate a marked increase in school participation and graduation rates among children who were guaranteed transportation to and from school. In November 2020, the State Department of Education released data indicating that the lack of transportation to school was one of the most common reasons that pupils miss school.(3) Research shows a strong relationship between access to transportation and improved school attendance, especially among younger school children.(4) With state law requiring school start times to more adequately accommodate the healthful sleep needs of children by the 202223 school year, parents who work traditional 9-to-5 hours may struggle to get their children to school without increased schoolbus service.(5) When comparing home-to-school transportation offered to public school pupils in other states, California is an outlier with fewer pupils having access to school transportation.(6) By providing home-to-school transportation to every public school pupil in California, the state could help mitigate the climate crisis. Nationally, school bus transportation has the capacity to eliminate 17 million cars on the road and reduce 20 million tons of carbon dioxide emissions each year. Transitioning the schoolbus fleet to zero-emission vehicles, and providing local educational agencies with proper training and resources to manage zero-emission bus fleets, will lead to an even greater reduction in greenhouse gas emissions and improvements in health for pupils, school employees, and the public.(7) Fatal accidents involving teen pedestrians have increased by alarming rates, as teens are found to be increasingly distracted by cell phones, music, and other diversions. One study of pupil pedestrian behavior found that 80 percent of all pupils were observed crossing the street in an unsafe manner and 31 percent of pupils were distracted by actively texting while walking to school. Schoolbus transportation can reduce pedestrian deaths and injuries among pupils on their way to school.(b) Based on the findings and declarations in subdivision (a), it is the intent of the Legislature to enact legislation that would ensure that every school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program provide access to home-to-school transportation to every child in transitional kindergarten, kindergarten, and all of grades 1 to 12, inclusive, from near the childs home to their neighborhood school and back home.SEC. 2. Section 39800 of the Education Code is amended to read:39800. (a) The Beginning in the 202324 school year, the governing board or body of any school district may provide for the transportation of a local educational agency shall offer to transport all pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. their neighborhood school. The governing board or body of the local educational agency may purchase or rent and provide for the upkeep, care, and operation of vehicles, or may contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or may contract with and pay responsible private parties for the transportation. These The contracts may be made with the parent or guardian of the pupil being transported. A The governing board or body of the local educational agency may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the district. A state reimbursement may not be received by a district for the transportation of preschool or nursery school pupils. local educational agency and may receive a state reimbursement for this transportation if funding for that travel has been appropriated in the annual Budget Act or another statute for this purpose.(b) Notwithstanding subdivision (a):(1) A local educational agency is not required to provide home-to-school transportation to pupils in transitional kindergarten, kindergarten, or any of grades 1 to 6, inclusive, who live within half of a mile walking distance from their neighborhood school.(2) A local educational agency is not required to provide home-to-school transportation to pupils in grades 7 to 12, inclusive, who live within one mile walking distance from their neighborhood school.(3) A local educational agency shall pick up and drop off pupils no farther than half of a mile walking distance from their residence unless doing so requires the local educational agencys vehicle to drive on roads that are inaccessible. In circumstances where such a pick up or drop off is inaccessible, the local educational agency shall pick up and drop off pupils at the nearest accessible location.(c) Nothing in this section shall be construed to supersede federal and state requirements, including, but not limited to, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, to transport pupils with disabilities or homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(d) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(2) Neighborhood school means the school that a pupil is designated to attend based on their grade level and residence within the schools geographic boundary, as assigned by the local educational agency.(b)(e) As used in this article, municipally owned transit system means a transit system owned by a city, or by a district created under pursuant to Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code.(f) The changes made to this section by ____ of the 202122 Regular Session shall be operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.SEC. 3. Section 39800.1 is added to the Education Code, to read:39800.1. (a) Notwithstanding any other law, a pupil attending a public, noncharter school shall be offered free transportation to and from their neighborhood school, as defined in subdivision (d) of Section 39800.(b) (1) A local educational agency that does not currently provide transportation to all pupils in the local educational agency shall implement a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) are offered transportation to and from school.(2) The plan shall identify and accommodate the special rights of pupils with disabilities and homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(c) The plan required by paragraph (1) of subdivision (b) shall be developed in consultation with classified staff, teachers, school administrators, regional local transit authorities, local air pollution control districts or air quality management districts, the Department of Transportation, parents, pupils, and other stakeholders.(d) If free, dependable, and timely transportation is not already available to pupils entitled to transportation services pursuant to this section, the local educational agency shall ensure that all entitled pupils have access to free, dependable, and timely transportation.(e) A local educational agency shall ensure that all drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(f) (1) This section does not prevent a local educational agency from partnering with a municipally owned transit system to provide transportation pursuant to this section to middle school and high school pupils if all of the following conditions are met:(A) All drivers are employees of a municipally owned transit system.(B) The municipally owned transit system certifies that the transit system can ensure consistent, adequate routes and schedules to enable pupils to get home, to school, and back, and does not charge the local educational agency more than marginal cost for each transit pass.(C) All drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(2) This section does not prevent a local transportation agency from providing no-cost transit passes to pupils.(g) All transportation provided pursuant to this section shall be reimbursed by the Transportation Access to Public Schools Fund created pursuant to Section 39800.2.(h) For purposes of this section, local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(i) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.SEC. 4. Section 39800.2 is added to the Education Code, to read:39800.2. (a) The Transportation Access to Public Schools Fund is hereby created in the State Treasury to be administered by the department.(b) Funds in the Transportation Access to Public Schools Fund shall, upon appropriation by the Legislature, be allocated to the department for allocation to each local educational agency that provides pupil transportation pursuant to the process established by the Superintendent.(c) Commencing with the 202223 school year, the Superintendent shall allocate from the Transportation Access to Public Schools Fund to each local educational agency that provides pupil transportation an amount equal to the product of subdivision (d) or the amount received under subdivision (h) of Section 42238.02, whichever is greater.(d) The Superintendent shall calculate the product of the following factors by multiplying them together:(1) The sum of route miles driven daily by all vehicles operated by approved school transportation drivers to transport eligible pupils from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes. Daily route miles include route miles transporting pupils to and from school, en route to pick pupils up from their residences, to pick up pupils from school campuses, and to return vehicles to transportation facilities.(2) The instructional days during which eligible pupils are transported from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes.(3) The per-mile state reimbursement rate.(4) For purposes of funding route miles for extracurricular activities, including field trips, sporting events, interscholastic competitions and activities, and other off-campus school-sponsored events:(A) For a local educational agency that provides pupil transportation that does not serve pupils in grades 9 to 12, inclusive, multiply by 110 percent.(B) For a local educational agency that provides pupil transportation that serves grades 9 to 12, inclusive, and at least one additional grade, multiply by 120 percent.(C) For a local educational agency that provides pupil transportation that serves only grades 9 to 12, inclusive, multiply by 130 percent.(e) As used in this section, the following definitions apply:(1) Approved school transportation drivers include only those drivers who meet all of the following qualifications:(A) The driver holds a valid California drivers license for the appropriate class of vehicle, endorsed for passenger transportation.(B) The driver holds a valid certificate issued by the Department of Motor Vehicles for operation of a school bus or a pupil activity bus, having completed all classroom and behind-the-wheel instruction required for that certification, having passed the first aid examination required by Section 12522 of the Vehicle Code for that certification, having met all other requirements for that certification, and that certification is not presently subject to revocation pursuant to Sections 13369 or 13370 of the Vehicle Code.(C) If the driver will be transporting persons with developmental disabilities as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the driver holds the certificate described in Section 12523.6 of the Vehicle Code.(D) If a driver is not employed by a local educational agency, the driver shall be employed by an agency that certifies to the local educational agency that the driver and vehicle meet the qualifications in subparagraphs (A) to (C), inclusive.(2) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(3) Per-mile state reimbursement rate is ____ dollars ($____) for the 202223 fiscal year. The per-mile state reimbursement rate for the 202324 fiscal year, and each fiscal year thereafter, shall be adjusted by the percentage change in the annual average value of the implicit price deflator for state and local government purchases of goods and services for the United States, as published by the United States Department of Commerce for the 12 month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12 month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.(f) Notwithstanding Section 39807.5 or any other law to the contrary, no local educational agency shall charge pupils a fee to be transported to school from their residence or to their residence from school.(g) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 878Introduced by Senator Skinner(Coauthor: Senator Leyva)January 25, 2022 An act to amend Section 39800 of, and to add Sections 39800.1 and 39800.2 to, the Education Code, relating to school transportation. LEGISLATIVE COUNSEL'S DIGESTSB 878, as introduced, Skinner. School transportation.Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever, in the judgment of the board, the transportation is advisable and good reasons exist to do so. Existing law permits the governing board of a school district to allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the school district. Under existing law, a state reimbursement may not be received by a school district for the transportation of preschool or nursery school pupils.This bill instead would require the governing board or body of a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program, beginning in the 202324 school year, to offer to transport all pupils to and from their neighborhood school, as defined, except as provided. By imposing new duties on a local educational agency, the bill would constitute a state-mandated local program. The bill would authorize the governing board or body of those local educational agencies to receive a state reimbursement for transporting preschool or nursery school pupils if funding for that travel has been appropriated in the annual budget act or another statute for this purpose.Commencing January 1, 2023, the bill would require a pupil attending a public, noncharter school to be offered free transportation to and from their neighborhood school. The bill would require a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program that does not currently provide transportation to all pupils in the local educational agency to implement a plan to ensure that all pupils attending the local educational agency are offered free transportation to and from school. The bill would require these plans to be developed in consultation with specified stakeholders. By imposing new duties on a local educational agency, the bill would constitute a state-mandated local program.The bill would also create the Transportation Access to Public Schools Fund in the State Treasury under the administration of the State Department of Education. The bill would require moneys in the fund, upon appropriation by the Legislature, to be allocated to the department to be allocated to certain local educational agencies providing pupil transportation services, as specified.The bill would make all of these provisions operative only upon an appropriation of funds for these purposes.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 878
Introduced by Senator Skinner(Coauthor: Senator Leyva)January 25, 2022
Introduced by Senator Skinner(Coauthor: Senator Leyva)
January 25, 2022
An act to amend Section 39800 of, and to add Sections 39800.1 and 39800.2 to, the Education Code, relating to school transportation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 878, as introduced, Skinner. School transportation.
Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever, in the judgment of the board, the transportation is advisable and good reasons exist to do so. Existing law permits the governing board of a school district to allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the school district. Under existing law, a state reimbursement may not be received by a school district for the transportation of preschool or nursery school pupils.This bill instead would require the governing board or body of a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program, beginning in the 202324 school year, to offer to transport all pupils to and from their neighborhood school, as defined, except as provided. By imposing new duties on a local educational agency, the bill would constitute a state-mandated local program. The bill would authorize the governing board or body of those local educational agencies to receive a state reimbursement for transporting preschool or nursery school pupils if funding for that travel has been appropriated in the annual budget act or another statute for this purpose.Commencing January 1, 2023, the bill would require a pupil attending a public, noncharter school to be offered free transportation to and from their neighborhood school. The bill would require a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program that does not currently provide transportation to all pupils in the local educational agency to implement a plan to ensure that all pupils attending the local educational agency are offered free transportation to and from school. The bill would require these plans to be developed in consultation with specified stakeholders. By imposing new duties on a local educational agency, the bill would constitute a state-mandated local program.The bill would also create the Transportation Access to Public Schools Fund in the State Treasury under the administration of the State Department of Education. The bill would require moneys in the fund, upon appropriation by the Legislature, to be allocated to the department to be allocated to certain local educational agencies providing pupil transportation services, as specified.The bill would make all of these provisions operative only upon an appropriation of funds for these purposes.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever, in the judgment of the board, the transportation is advisable and good reasons exist to do so. Existing law permits the governing board of a school district to allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the school district. Under existing law, a state reimbursement may not be received by a school district for the transportation of preschool or nursery school pupils.
This bill instead would require the governing board or body of a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program, beginning in the 202324 school year, to offer to transport all pupils to and from their neighborhood school, as defined, except as provided. By imposing new duties on a local educational agency, the bill would constitute a state-mandated local program. The bill would authorize the governing board or body of those local educational agencies to receive a state reimbursement for transporting preschool or nursery school pupils if funding for that travel has been appropriated in the annual budget act or another statute for this purpose.
Commencing January 1, 2023, the bill would require a pupil attending a public, noncharter school to be offered free transportation to and from their neighborhood school. The bill would require a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program that does not currently provide transportation to all pupils in the local educational agency to implement a plan to ensure that all pupils attending the local educational agency are offered free transportation to and from school. The bill would require these plans to be developed in consultation with specified stakeholders. By imposing new duties on a local educational agency, the bill would constitute a state-mandated local program.
The bill would also create the Transportation Access to Public Schools Fund in the State Treasury under the administration of the State Department of Education. The bill would require moneys in the fund, upon appropriation by the Legislature, to be allocated to the department to be allocated to certain local educational agencies providing pupil transportation services, as specified.
The bill would make all of these provisions operative only upon an appropriation of funds for these purposes.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) According to data released by the United States Census Bureau, without a high school diploma, Americans are almost twice as likely to live in poverty.(2) Several independent academic studies indicate a marked increase in school participation and graduation rates among children who were guaranteed transportation to and from school. In November 2020, the State Department of Education released data indicating that the lack of transportation to school was one of the most common reasons that pupils miss school.(3) Research shows a strong relationship between access to transportation and improved school attendance, especially among younger school children.(4) With state law requiring school start times to more adequately accommodate the healthful sleep needs of children by the 202223 school year, parents who work traditional 9-to-5 hours may struggle to get their children to school without increased schoolbus service.(5) When comparing home-to-school transportation offered to public school pupils in other states, California is an outlier with fewer pupils having access to school transportation.(6) By providing home-to-school transportation to every public school pupil in California, the state could help mitigate the climate crisis. Nationally, school bus transportation has the capacity to eliminate 17 million cars on the road and reduce 20 million tons of carbon dioxide emissions each year. Transitioning the schoolbus fleet to zero-emission vehicles, and providing local educational agencies with proper training and resources to manage zero-emission bus fleets, will lead to an even greater reduction in greenhouse gas emissions and improvements in health for pupils, school employees, and the public.(7) Fatal accidents involving teen pedestrians have increased by alarming rates, as teens are found to be increasingly distracted by cell phones, music, and other diversions. One study of pupil pedestrian behavior found that 80 percent of all pupils were observed crossing the street in an unsafe manner and 31 percent of pupils were distracted by actively texting while walking to school. Schoolbus transportation can reduce pedestrian deaths and injuries among pupils on their way to school.(b) Based on the findings and declarations in subdivision (a), it is the intent of the Legislature to enact legislation that would ensure that every school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program provide access to home-to-school transportation to every child in transitional kindergarten, kindergarten, and all of grades 1 to 12, inclusive, from near the childs home to their neighborhood school and back home.SEC. 2. Section 39800 of the Education Code is amended to read:39800. (a) The Beginning in the 202324 school year, the governing board or body of any school district may provide for the transportation of a local educational agency shall offer to transport all pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. their neighborhood school. The governing board or body of the local educational agency may purchase or rent and provide for the upkeep, care, and operation of vehicles, or may contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or may contract with and pay responsible private parties for the transportation. These The contracts may be made with the parent or guardian of the pupil being transported. A The governing board or body of the local educational agency may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the district. A state reimbursement may not be received by a district for the transportation of preschool or nursery school pupils. local educational agency and may receive a state reimbursement for this transportation if funding for that travel has been appropriated in the annual Budget Act or another statute for this purpose.(b) Notwithstanding subdivision (a):(1) A local educational agency is not required to provide home-to-school transportation to pupils in transitional kindergarten, kindergarten, or any of grades 1 to 6, inclusive, who live within half of a mile walking distance from their neighborhood school.(2) A local educational agency is not required to provide home-to-school transportation to pupils in grades 7 to 12, inclusive, who live within one mile walking distance from their neighborhood school.(3) A local educational agency shall pick up and drop off pupils no farther than half of a mile walking distance from their residence unless doing so requires the local educational agencys vehicle to drive on roads that are inaccessible. In circumstances where such a pick up or drop off is inaccessible, the local educational agency shall pick up and drop off pupils at the nearest accessible location.(c) Nothing in this section shall be construed to supersede federal and state requirements, including, but not limited to, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, to transport pupils with disabilities or homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(d) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(2) Neighborhood school means the school that a pupil is designated to attend based on their grade level and residence within the schools geographic boundary, as assigned by the local educational agency.(b)(e) As used in this article, municipally owned transit system means a transit system owned by a city, or by a district created under pursuant to Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code.(f) The changes made to this section by ____ of the 202122 Regular Session shall be operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.SEC. 3. Section 39800.1 is added to the Education Code, to read:39800.1. (a) Notwithstanding any other law, a pupil attending a public, noncharter school shall be offered free transportation to and from their neighborhood school, as defined in subdivision (d) of Section 39800.(b) (1) A local educational agency that does not currently provide transportation to all pupils in the local educational agency shall implement a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) are offered transportation to and from school.(2) The plan shall identify and accommodate the special rights of pupils with disabilities and homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(c) The plan required by paragraph (1) of subdivision (b) shall be developed in consultation with classified staff, teachers, school administrators, regional local transit authorities, local air pollution control districts or air quality management districts, the Department of Transportation, parents, pupils, and other stakeholders.(d) If free, dependable, and timely transportation is not already available to pupils entitled to transportation services pursuant to this section, the local educational agency shall ensure that all entitled pupils have access to free, dependable, and timely transportation.(e) A local educational agency shall ensure that all drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(f) (1) This section does not prevent a local educational agency from partnering with a municipally owned transit system to provide transportation pursuant to this section to middle school and high school pupils if all of the following conditions are met:(A) All drivers are employees of a municipally owned transit system.(B) The municipally owned transit system certifies that the transit system can ensure consistent, adequate routes and schedules to enable pupils to get home, to school, and back, and does not charge the local educational agency more than marginal cost for each transit pass.(C) All drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(2) This section does not prevent a local transportation agency from providing no-cost transit passes to pupils.(g) All transportation provided pursuant to this section shall be reimbursed by the Transportation Access to Public Schools Fund created pursuant to Section 39800.2.(h) For purposes of this section, local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(i) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.SEC. 4. Section 39800.2 is added to the Education Code, to read:39800.2. (a) The Transportation Access to Public Schools Fund is hereby created in the State Treasury to be administered by the department.(b) Funds in the Transportation Access to Public Schools Fund shall, upon appropriation by the Legislature, be allocated to the department for allocation to each local educational agency that provides pupil transportation pursuant to the process established by the Superintendent.(c) Commencing with the 202223 school year, the Superintendent shall allocate from the Transportation Access to Public Schools Fund to each local educational agency that provides pupil transportation an amount equal to the product of subdivision (d) or the amount received under subdivision (h) of Section 42238.02, whichever is greater.(d) The Superintendent shall calculate the product of the following factors by multiplying them together:(1) The sum of route miles driven daily by all vehicles operated by approved school transportation drivers to transport eligible pupils from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes. Daily route miles include route miles transporting pupils to and from school, en route to pick pupils up from their residences, to pick up pupils from school campuses, and to return vehicles to transportation facilities.(2) The instructional days during which eligible pupils are transported from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes.(3) The per-mile state reimbursement rate.(4) For purposes of funding route miles for extracurricular activities, including field trips, sporting events, interscholastic competitions and activities, and other off-campus school-sponsored events:(A) For a local educational agency that provides pupil transportation that does not serve pupils in grades 9 to 12, inclusive, multiply by 110 percent.(B) For a local educational agency that provides pupil transportation that serves grades 9 to 12, inclusive, and at least one additional grade, multiply by 120 percent.(C) For a local educational agency that provides pupil transportation that serves only grades 9 to 12, inclusive, multiply by 130 percent.(e) As used in this section, the following definitions apply:(1) Approved school transportation drivers include only those drivers who meet all of the following qualifications:(A) The driver holds a valid California drivers license for the appropriate class of vehicle, endorsed for passenger transportation.(B) The driver holds a valid certificate issued by the Department of Motor Vehicles for operation of a school bus or a pupil activity bus, having completed all classroom and behind-the-wheel instruction required for that certification, having passed the first aid examination required by Section 12522 of the Vehicle Code for that certification, having met all other requirements for that certification, and that certification is not presently subject to revocation pursuant to Sections 13369 or 13370 of the Vehicle Code.(C) If the driver will be transporting persons with developmental disabilities as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the driver holds the certificate described in Section 12523.6 of the Vehicle Code.(D) If a driver is not employed by a local educational agency, the driver shall be employed by an agency that certifies to the local educational agency that the driver and vehicle meet the qualifications in subparagraphs (A) to (C), inclusive.(2) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(3) Per-mile state reimbursement rate is ____ dollars ($____) for the 202223 fiscal year. The per-mile state reimbursement rate for the 202324 fiscal year, and each fiscal year thereafter, shall be adjusted by the percentage change in the annual average value of the implicit price deflator for state and local government purchases of goods and services for the United States, as published by the United States Department of Commerce for the 12 month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12 month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.(f) Notwithstanding Section 39807.5 or any other law to the contrary, no local educational agency shall charge pupils a fee to be transported to school from their residence or to their residence from school.(g) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the following:(1) According to data released by the United States Census Bureau, without a high school diploma, Americans are almost twice as likely to live in poverty.(2) Several independent academic studies indicate a marked increase in school participation and graduation rates among children who were guaranteed transportation to and from school. In November 2020, the State Department of Education released data indicating that the lack of transportation to school was one of the most common reasons that pupils miss school.(3) Research shows a strong relationship between access to transportation and improved school attendance, especially among younger school children.(4) With state law requiring school start times to more adequately accommodate the healthful sleep needs of children by the 202223 school year, parents who work traditional 9-to-5 hours may struggle to get their children to school without increased schoolbus service.(5) When comparing home-to-school transportation offered to public school pupils in other states, California is an outlier with fewer pupils having access to school transportation.(6) By providing home-to-school transportation to every public school pupil in California, the state could help mitigate the climate crisis. Nationally, school bus transportation has the capacity to eliminate 17 million cars on the road and reduce 20 million tons of carbon dioxide emissions each year. Transitioning the schoolbus fleet to zero-emission vehicles, and providing local educational agencies with proper training and resources to manage zero-emission bus fleets, will lead to an even greater reduction in greenhouse gas emissions and improvements in health for pupils, school employees, and the public.(7) Fatal accidents involving teen pedestrians have increased by alarming rates, as teens are found to be increasingly distracted by cell phones, music, and other diversions. One study of pupil pedestrian behavior found that 80 percent of all pupils were observed crossing the street in an unsafe manner and 31 percent of pupils were distracted by actively texting while walking to school. Schoolbus transportation can reduce pedestrian deaths and injuries among pupils on their way to school.(b) Based on the findings and declarations in subdivision (a), it is the intent of the Legislature to enact legislation that would ensure that every school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program provide access to home-to-school transportation to every child in transitional kindergarten, kindergarten, and all of grades 1 to 12, inclusive, from near the childs home to their neighborhood school and back home.
SECTION 1. (a) The Legislature finds and declares all of the following:(1) According to data released by the United States Census Bureau, without a high school diploma, Americans are almost twice as likely to live in poverty.(2) Several independent academic studies indicate a marked increase in school participation and graduation rates among children who were guaranteed transportation to and from school. In November 2020, the State Department of Education released data indicating that the lack of transportation to school was one of the most common reasons that pupils miss school.(3) Research shows a strong relationship between access to transportation and improved school attendance, especially among younger school children.(4) With state law requiring school start times to more adequately accommodate the healthful sleep needs of children by the 202223 school year, parents who work traditional 9-to-5 hours may struggle to get their children to school without increased schoolbus service.(5) When comparing home-to-school transportation offered to public school pupils in other states, California is an outlier with fewer pupils having access to school transportation.(6) By providing home-to-school transportation to every public school pupil in California, the state could help mitigate the climate crisis. Nationally, school bus transportation has the capacity to eliminate 17 million cars on the road and reduce 20 million tons of carbon dioxide emissions each year. Transitioning the schoolbus fleet to zero-emission vehicles, and providing local educational agencies with proper training and resources to manage zero-emission bus fleets, will lead to an even greater reduction in greenhouse gas emissions and improvements in health for pupils, school employees, and the public.(7) Fatal accidents involving teen pedestrians have increased by alarming rates, as teens are found to be increasingly distracted by cell phones, music, and other diversions. One study of pupil pedestrian behavior found that 80 percent of all pupils were observed crossing the street in an unsafe manner and 31 percent of pupils were distracted by actively texting while walking to school. Schoolbus transportation can reduce pedestrian deaths and injuries among pupils on their way to school.(b) Based on the findings and declarations in subdivision (a), it is the intent of the Legislature to enact legislation that would ensure that every school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program provide access to home-to-school transportation to every child in transitional kindergarten, kindergarten, and all of grades 1 to 12, inclusive, from near the childs home to their neighborhood school and back home.
SECTION 1. (a) The Legislature finds and declares all of the following:
### SECTION 1.
(1) According to data released by the United States Census Bureau, without a high school diploma, Americans are almost twice as likely to live in poverty.
(2) Several independent academic studies indicate a marked increase in school participation and graduation rates among children who were guaranteed transportation to and from school. In November 2020, the State Department of Education released data indicating that the lack of transportation to school was one of the most common reasons that pupils miss school.
(3) Research shows a strong relationship between access to transportation and improved school attendance, especially among younger school children.
(4) With state law requiring school start times to more adequately accommodate the healthful sleep needs of children by the 202223 school year, parents who work traditional 9-to-5 hours may struggle to get their children to school without increased schoolbus service.
(5) When comparing home-to-school transportation offered to public school pupils in other states, California is an outlier with fewer pupils having access to school transportation.
(6) By providing home-to-school transportation to every public school pupil in California, the state could help mitigate the climate crisis. Nationally, school bus transportation has the capacity to eliminate 17 million cars on the road and reduce 20 million tons of carbon dioxide emissions each year. Transitioning the schoolbus fleet to zero-emission vehicles, and providing local educational agencies with proper training and resources to manage zero-emission bus fleets, will lead to an even greater reduction in greenhouse gas emissions and improvements in health for pupils, school employees, and the public.
(7) Fatal accidents involving teen pedestrians have increased by alarming rates, as teens are found to be increasingly distracted by cell phones, music, and other diversions. One study of pupil pedestrian behavior found that 80 percent of all pupils were observed crossing the street in an unsafe manner and 31 percent of pupils were distracted by actively texting while walking to school. Schoolbus transportation can reduce pedestrian deaths and injuries among pupils on their way to school.
(b) Based on the findings and declarations in subdivision (a), it is the intent of the Legislature to enact legislation that would ensure that every school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program provide access to home-to-school transportation to every child in transitional kindergarten, kindergarten, and all of grades 1 to 12, inclusive, from near the childs home to their neighborhood school and back home.
SEC. 2. Section 39800 of the Education Code is amended to read:39800. (a) The Beginning in the 202324 school year, the governing board or body of any school district may provide for the transportation of a local educational agency shall offer to transport all pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. their neighborhood school. The governing board or body of the local educational agency may purchase or rent and provide for the upkeep, care, and operation of vehicles, or may contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or may contract with and pay responsible private parties for the transportation. These The contracts may be made with the parent or guardian of the pupil being transported. A The governing board or body of the local educational agency may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the district. A state reimbursement may not be received by a district for the transportation of preschool or nursery school pupils. local educational agency and may receive a state reimbursement for this transportation if funding for that travel has been appropriated in the annual Budget Act or another statute for this purpose.(b) Notwithstanding subdivision (a):(1) A local educational agency is not required to provide home-to-school transportation to pupils in transitional kindergarten, kindergarten, or any of grades 1 to 6, inclusive, who live within half of a mile walking distance from their neighborhood school.(2) A local educational agency is not required to provide home-to-school transportation to pupils in grades 7 to 12, inclusive, who live within one mile walking distance from their neighborhood school.(3) A local educational agency shall pick up and drop off pupils no farther than half of a mile walking distance from their residence unless doing so requires the local educational agencys vehicle to drive on roads that are inaccessible. In circumstances where such a pick up or drop off is inaccessible, the local educational agency shall pick up and drop off pupils at the nearest accessible location.(c) Nothing in this section shall be construed to supersede federal and state requirements, including, but not limited to, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, to transport pupils with disabilities or homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(d) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(2) Neighborhood school means the school that a pupil is designated to attend based on their grade level and residence within the schools geographic boundary, as assigned by the local educational agency.(b)(e) As used in this article, municipally owned transit system means a transit system owned by a city, or by a district created under pursuant to Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code.(f) The changes made to this section by ____ of the 202122 Regular Session shall be operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
SEC. 2. Section 39800 of the Education Code is amended to read:
### SEC. 2.
39800. (a) The Beginning in the 202324 school year, the governing board or body of any school district may provide for the transportation of a local educational agency shall offer to transport all pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. their neighborhood school. The governing board or body of the local educational agency may purchase or rent and provide for the upkeep, care, and operation of vehicles, or may contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or may contract with and pay responsible private parties for the transportation. These The contracts may be made with the parent or guardian of the pupil being transported. A The governing board or body of the local educational agency may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the district. A state reimbursement may not be received by a district for the transportation of preschool or nursery school pupils. local educational agency and may receive a state reimbursement for this transportation if funding for that travel has been appropriated in the annual Budget Act or another statute for this purpose.(b) Notwithstanding subdivision (a):(1) A local educational agency is not required to provide home-to-school transportation to pupils in transitional kindergarten, kindergarten, or any of grades 1 to 6, inclusive, who live within half of a mile walking distance from their neighborhood school.(2) A local educational agency is not required to provide home-to-school transportation to pupils in grades 7 to 12, inclusive, who live within one mile walking distance from their neighborhood school.(3) A local educational agency shall pick up and drop off pupils no farther than half of a mile walking distance from their residence unless doing so requires the local educational agencys vehicle to drive on roads that are inaccessible. In circumstances where such a pick up or drop off is inaccessible, the local educational agency shall pick up and drop off pupils at the nearest accessible location.(c) Nothing in this section shall be construed to supersede federal and state requirements, including, but not limited to, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, to transport pupils with disabilities or homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(d) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(2) Neighborhood school means the school that a pupil is designated to attend based on their grade level and residence within the schools geographic boundary, as assigned by the local educational agency.(b)(e) As used in this article, municipally owned transit system means a transit system owned by a city, or by a district created under pursuant to Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code.(f) The changes made to this section by ____ of the 202122 Regular Session shall be operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
39800. (a) The Beginning in the 202324 school year, the governing board or body of any school district may provide for the transportation of a local educational agency shall offer to transport all pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. their neighborhood school. The governing board or body of the local educational agency may purchase or rent and provide for the upkeep, care, and operation of vehicles, or may contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or may contract with and pay responsible private parties for the transportation. These The contracts may be made with the parent or guardian of the pupil being transported. A The governing board or body of the local educational agency may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the district. A state reimbursement may not be received by a district for the transportation of preschool or nursery school pupils. local educational agency and may receive a state reimbursement for this transportation if funding for that travel has been appropriated in the annual Budget Act or another statute for this purpose.(b) Notwithstanding subdivision (a):(1) A local educational agency is not required to provide home-to-school transportation to pupils in transitional kindergarten, kindergarten, or any of grades 1 to 6, inclusive, who live within half of a mile walking distance from their neighborhood school.(2) A local educational agency is not required to provide home-to-school transportation to pupils in grades 7 to 12, inclusive, who live within one mile walking distance from their neighborhood school.(3) A local educational agency shall pick up and drop off pupils no farther than half of a mile walking distance from their residence unless doing so requires the local educational agencys vehicle to drive on roads that are inaccessible. In circumstances where such a pick up or drop off is inaccessible, the local educational agency shall pick up and drop off pupils at the nearest accessible location.(c) Nothing in this section shall be construed to supersede federal and state requirements, including, but not limited to, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, to transport pupils with disabilities or homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(d) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(2) Neighborhood school means the school that a pupil is designated to attend based on their grade level and residence within the schools geographic boundary, as assigned by the local educational agency.(b)(e) As used in this article, municipally owned transit system means a transit system owned by a city, or by a district created under pursuant to Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code.(f) The changes made to this section by ____ of the 202122 Regular Session shall be operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
39800. (a) The Beginning in the 202324 school year, the governing board or body of any school district may provide for the transportation of a local educational agency shall offer to transport all pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. their neighborhood school. The governing board or body of the local educational agency may purchase or rent and provide for the upkeep, care, and operation of vehicles, or may contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or may contract with and pay responsible private parties for the transportation. These The contracts may be made with the parent or guardian of the pupil being transported. A The governing board or body of the local educational agency may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the district. A state reimbursement may not be received by a district for the transportation of preschool or nursery school pupils. local educational agency and may receive a state reimbursement for this transportation if funding for that travel has been appropriated in the annual Budget Act or another statute for this purpose.(b) Notwithstanding subdivision (a):(1) A local educational agency is not required to provide home-to-school transportation to pupils in transitional kindergarten, kindergarten, or any of grades 1 to 6, inclusive, who live within half of a mile walking distance from their neighborhood school.(2) A local educational agency is not required to provide home-to-school transportation to pupils in grades 7 to 12, inclusive, who live within one mile walking distance from their neighborhood school.(3) A local educational agency shall pick up and drop off pupils no farther than half of a mile walking distance from their residence unless doing so requires the local educational agencys vehicle to drive on roads that are inaccessible. In circumstances where such a pick up or drop off is inaccessible, the local educational agency shall pick up and drop off pupils at the nearest accessible location.(c) Nothing in this section shall be construed to supersede federal and state requirements, including, but not limited to, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, to transport pupils with disabilities or homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(d) For purposes of this section, the following definitions apply:(1) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(2) Neighborhood school means the school that a pupil is designated to attend based on their grade level and residence within the schools geographic boundary, as assigned by the local educational agency.(b)(e) As used in this article, municipally owned transit system means a transit system owned by a city, or by a district created under pursuant to Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code.(f) The changes made to this section by ____ of the 202122 Regular Session shall be operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
39800. (a) The Beginning in the 202324 school year, the governing board or body of any school district may provide for the transportation of a local educational agency shall offer to transport all pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. their neighborhood school. The governing board or body of the local educational agency may purchase or rent and provide for the upkeep, care, and operation of vehicles, or may contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or may contract with and pay responsible private parties for the transportation. These The contracts may be made with the parent or guardian of the pupil being transported. A The governing board or body of the local educational agency may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the district. A state reimbursement may not be received by a district for the transportation of preschool or nursery school pupils. local educational agency and may receive a state reimbursement for this transportation if funding for that travel has been appropriated in the annual Budget Act or another statute for this purpose.
(b) Notwithstanding subdivision (a):
(1) A local educational agency is not required to provide home-to-school transportation to pupils in transitional kindergarten, kindergarten, or any of grades 1 to 6, inclusive, who live within half of a mile walking distance from their neighborhood school.
(2) A local educational agency is not required to provide home-to-school transportation to pupils in grades 7 to 12, inclusive, who live within one mile walking distance from their neighborhood school.
(3) A local educational agency shall pick up and drop off pupils no farther than half of a mile walking distance from their residence unless doing so requires the local educational agencys vehicle to drive on roads that are inaccessible. In circumstances where such a pick up or drop off is inaccessible, the local educational agency shall pick up and drop off pupils at the nearest accessible location.
(c) Nothing in this section shall be construed to supersede federal and state requirements, including, but not limited to, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, to transport pupils with disabilities or homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(d) For purposes of this section, the following definitions apply:
(1) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.
(2) Neighborhood school means the school that a pupil is designated to attend based on their grade level and residence within the schools geographic boundary, as assigned by the local educational agency.
(b)
(e) As used in this article, municipally owned transit system means a transit system owned by a city, or by a district created under pursuant to Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code.
(f) The changes made to this section by ____ of the 202122 Regular Session shall be operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
SEC. 3. Section 39800.1 is added to the Education Code, to read:39800.1. (a) Notwithstanding any other law, a pupil attending a public, noncharter school shall be offered free transportation to and from their neighborhood school, as defined in subdivision (d) of Section 39800.(b) (1) A local educational agency that does not currently provide transportation to all pupils in the local educational agency shall implement a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) are offered transportation to and from school.(2) The plan shall identify and accommodate the special rights of pupils with disabilities and homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(c) The plan required by paragraph (1) of subdivision (b) shall be developed in consultation with classified staff, teachers, school administrators, regional local transit authorities, local air pollution control districts or air quality management districts, the Department of Transportation, parents, pupils, and other stakeholders.(d) If free, dependable, and timely transportation is not already available to pupils entitled to transportation services pursuant to this section, the local educational agency shall ensure that all entitled pupils have access to free, dependable, and timely transportation.(e) A local educational agency shall ensure that all drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(f) (1) This section does not prevent a local educational agency from partnering with a municipally owned transit system to provide transportation pursuant to this section to middle school and high school pupils if all of the following conditions are met:(A) All drivers are employees of a municipally owned transit system.(B) The municipally owned transit system certifies that the transit system can ensure consistent, adequate routes and schedules to enable pupils to get home, to school, and back, and does not charge the local educational agency more than marginal cost for each transit pass.(C) All drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(2) This section does not prevent a local transportation agency from providing no-cost transit passes to pupils.(g) All transportation provided pursuant to this section shall be reimbursed by the Transportation Access to Public Schools Fund created pursuant to Section 39800.2.(h) For purposes of this section, local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(i) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
SEC. 3. Section 39800.1 is added to the Education Code, to read:
### SEC. 3.
39800.1. (a) Notwithstanding any other law, a pupil attending a public, noncharter school shall be offered free transportation to and from their neighborhood school, as defined in subdivision (d) of Section 39800.(b) (1) A local educational agency that does not currently provide transportation to all pupils in the local educational agency shall implement a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) are offered transportation to and from school.(2) The plan shall identify and accommodate the special rights of pupils with disabilities and homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(c) The plan required by paragraph (1) of subdivision (b) shall be developed in consultation with classified staff, teachers, school administrators, regional local transit authorities, local air pollution control districts or air quality management districts, the Department of Transportation, parents, pupils, and other stakeholders.(d) If free, dependable, and timely transportation is not already available to pupils entitled to transportation services pursuant to this section, the local educational agency shall ensure that all entitled pupils have access to free, dependable, and timely transportation.(e) A local educational agency shall ensure that all drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(f) (1) This section does not prevent a local educational agency from partnering with a municipally owned transit system to provide transportation pursuant to this section to middle school and high school pupils if all of the following conditions are met:(A) All drivers are employees of a municipally owned transit system.(B) The municipally owned transit system certifies that the transit system can ensure consistent, adequate routes and schedules to enable pupils to get home, to school, and back, and does not charge the local educational agency more than marginal cost for each transit pass.(C) All drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(2) This section does not prevent a local transportation agency from providing no-cost transit passes to pupils.(g) All transportation provided pursuant to this section shall be reimbursed by the Transportation Access to Public Schools Fund created pursuant to Section 39800.2.(h) For purposes of this section, local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(i) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
39800.1. (a) Notwithstanding any other law, a pupil attending a public, noncharter school shall be offered free transportation to and from their neighborhood school, as defined in subdivision (d) of Section 39800.(b) (1) A local educational agency that does not currently provide transportation to all pupils in the local educational agency shall implement a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) are offered transportation to and from school.(2) The plan shall identify and accommodate the special rights of pupils with disabilities and homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(c) The plan required by paragraph (1) of subdivision (b) shall be developed in consultation with classified staff, teachers, school administrators, regional local transit authorities, local air pollution control districts or air quality management districts, the Department of Transportation, parents, pupils, and other stakeholders.(d) If free, dependable, and timely transportation is not already available to pupils entitled to transportation services pursuant to this section, the local educational agency shall ensure that all entitled pupils have access to free, dependable, and timely transportation.(e) A local educational agency shall ensure that all drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(f) (1) This section does not prevent a local educational agency from partnering with a municipally owned transit system to provide transportation pursuant to this section to middle school and high school pupils if all of the following conditions are met:(A) All drivers are employees of a municipally owned transit system.(B) The municipally owned transit system certifies that the transit system can ensure consistent, adequate routes and schedules to enable pupils to get home, to school, and back, and does not charge the local educational agency more than marginal cost for each transit pass.(C) All drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(2) This section does not prevent a local transportation agency from providing no-cost transit passes to pupils.(g) All transportation provided pursuant to this section shall be reimbursed by the Transportation Access to Public Schools Fund created pursuant to Section 39800.2.(h) For purposes of this section, local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(i) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
39800.1. (a) Notwithstanding any other law, a pupil attending a public, noncharter school shall be offered free transportation to and from their neighborhood school, as defined in subdivision (d) of Section 39800.(b) (1) A local educational agency that does not currently provide transportation to all pupils in the local educational agency shall implement a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) are offered transportation to and from school.(2) The plan shall identify and accommodate the special rights of pupils with disabilities and homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).(c) The plan required by paragraph (1) of subdivision (b) shall be developed in consultation with classified staff, teachers, school administrators, regional local transit authorities, local air pollution control districts or air quality management districts, the Department of Transportation, parents, pupils, and other stakeholders.(d) If free, dependable, and timely transportation is not already available to pupils entitled to transportation services pursuant to this section, the local educational agency shall ensure that all entitled pupils have access to free, dependable, and timely transportation.(e) A local educational agency shall ensure that all drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(f) (1) This section does not prevent a local educational agency from partnering with a municipally owned transit system to provide transportation pursuant to this section to middle school and high school pupils if all of the following conditions are met:(A) All drivers are employees of a municipally owned transit system.(B) The municipally owned transit system certifies that the transit system can ensure consistent, adequate routes and schedules to enable pupils to get home, to school, and back, and does not charge the local educational agency more than marginal cost for each transit pass.(C) All drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.(2) This section does not prevent a local transportation agency from providing no-cost transit passes to pupils.(g) All transportation provided pursuant to this section shall be reimbursed by the Transportation Access to Public Schools Fund created pursuant to Section 39800.2.(h) For purposes of this section, local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(i) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
39800.1. (a) Notwithstanding any other law, a pupil attending a public, noncharter school shall be offered free transportation to and from their neighborhood school, as defined in subdivision (d) of Section 39800.
(b) (1) A local educational agency that does not currently provide transportation to all pupils in the local educational agency shall implement a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) are offered transportation to and from school.
(2) The plan shall identify and accommodate the special rights of pupils with disabilities and homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(c) The plan required by paragraph (1) of subdivision (b) shall be developed in consultation with classified staff, teachers, school administrators, regional local transit authorities, local air pollution control districts or air quality management districts, the Department of Transportation, parents, pupils, and other stakeholders.
(d) If free, dependable, and timely transportation is not already available to pupils entitled to transportation services pursuant to this section, the local educational agency shall ensure that all entitled pupils have access to free, dependable, and timely transportation.
(e) A local educational agency shall ensure that all drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.
(f) (1) This section does not prevent a local educational agency from partnering with a municipally owned transit system to provide transportation pursuant to this section to middle school and high school pupils if all of the following conditions are met:
(A) All drivers are employees of a municipally owned transit system.
(B) The municipally owned transit system certifies that the transit system can ensure consistent, adequate routes and schedules to enable pupils to get home, to school, and back, and does not charge the local educational agency more than marginal cost for each transit pass.
(C) All drivers providing home-to-school transportation meet the qualifications enumerated in subdivision (e) of Section 39800.2.
(2) This section does not prevent a local transportation agency from providing no-cost transit passes to pupils.
(g) All transportation provided pursuant to this section shall be reimbursed by the Transportation Access to Public Schools Fund created pursuant to Section 39800.2.
(h) For purposes of this section, local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.
(i) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
SEC. 4. Section 39800.2 is added to the Education Code, to read:39800.2. (a) The Transportation Access to Public Schools Fund is hereby created in the State Treasury to be administered by the department.(b) Funds in the Transportation Access to Public Schools Fund shall, upon appropriation by the Legislature, be allocated to the department for allocation to each local educational agency that provides pupil transportation pursuant to the process established by the Superintendent.(c) Commencing with the 202223 school year, the Superintendent shall allocate from the Transportation Access to Public Schools Fund to each local educational agency that provides pupil transportation an amount equal to the product of subdivision (d) or the amount received under subdivision (h) of Section 42238.02, whichever is greater.(d) The Superintendent shall calculate the product of the following factors by multiplying them together:(1) The sum of route miles driven daily by all vehicles operated by approved school transportation drivers to transport eligible pupils from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes. Daily route miles include route miles transporting pupils to and from school, en route to pick pupils up from their residences, to pick up pupils from school campuses, and to return vehicles to transportation facilities.(2) The instructional days during which eligible pupils are transported from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes.(3) The per-mile state reimbursement rate.(4) For purposes of funding route miles for extracurricular activities, including field trips, sporting events, interscholastic competitions and activities, and other off-campus school-sponsored events:(A) For a local educational agency that provides pupil transportation that does not serve pupils in grades 9 to 12, inclusive, multiply by 110 percent.(B) For a local educational agency that provides pupil transportation that serves grades 9 to 12, inclusive, and at least one additional grade, multiply by 120 percent.(C) For a local educational agency that provides pupil transportation that serves only grades 9 to 12, inclusive, multiply by 130 percent.(e) As used in this section, the following definitions apply:(1) Approved school transportation drivers include only those drivers who meet all of the following qualifications:(A) The driver holds a valid California drivers license for the appropriate class of vehicle, endorsed for passenger transportation.(B) The driver holds a valid certificate issued by the Department of Motor Vehicles for operation of a school bus or a pupil activity bus, having completed all classroom and behind-the-wheel instruction required for that certification, having passed the first aid examination required by Section 12522 of the Vehicle Code for that certification, having met all other requirements for that certification, and that certification is not presently subject to revocation pursuant to Sections 13369 or 13370 of the Vehicle Code.(C) If the driver will be transporting persons with developmental disabilities as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the driver holds the certificate described in Section 12523.6 of the Vehicle Code.(D) If a driver is not employed by a local educational agency, the driver shall be employed by an agency that certifies to the local educational agency that the driver and vehicle meet the qualifications in subparagraphs (A) to (C), inclusive.(2) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(3) Per-mile state reimbursement rate is ____ dollars ($____) for the 202223 fiscal year. The per-mile state reimbursement rate for the 202324 fiscal year, and each fiscal year thereafter, shall be adjusted by the percentage change in the annual average value of the implicit price deflator for state and local government purchases of goods and services for the United States, as published by the United States Department of Commerce for the 12 month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12 month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.(f) Notwithstanding Section 39807.5 or any other law to the contrary, no local educational agency shall charge pupils a fee to be transported to school from their residence or to their residence from school.(g) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
SEC. 4. Section 39800.2 is added to the Education Code, to read:
### SEC. 4.
39800.2. (a) The Transportation Access to Public Schools Fund is hereby created in the State Treasury to be administered by the department.(b) Funds in the Transportation Access to Public Schools Fund shall, upon appropriation by the Legislature, be allocated to the department for allocation to each local educational agency that provides pupil transportation pursuant to the process established by the Superintendent.(c) Commencing with the 202223 school year, the Superintendent shall allocate from the Transportation Access to Public Schools Fund to each local educational agency that provides pupil transportation an amount equal to the product of subdivision (d) or the amount received under subdivision (h) of Section 42238.02, whichever is greater.(d) The Superintendent shall calculate the product of the following factors by multiplying them together:(1) The sum of route miles driven daily by all vehicles operated by approved school transportation drivers to transport eligible pupils from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes. Daily route miles include route miles transporting pupils to and from school, en route to pick pupils up from their residences, to pick up pupils from school campuses, and to return vehicles to transportation facilities.(2) The instructional days during which eligible pupils are transported from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes.(3) The per-mile state reimbursement rate.(4) For purposes of funding route miles for extracurricular activities, including field trips, sporting events, interscholastic competitions and activities, and other off-campus school-sponsored events:(A) For a local educational agency that provides pupil transportation that does not serve pupils in grades 9 to 12, inclusive, multiply by 110 percent.(B) For a local educational agency that provides pupil transportation that serves grades 9 to 12, inclusive, and at least one additional grade, multiply by 120 percent.(C) For a local educational agency that provides pupil transportation that serves only grades 9 to 12, inclusive, multiply by 130 percent.(e) As used in this section, the following definitions apply:(1) Approved school transportation drivers include only those drivers who meet all of the following qualifications:(A) The driver holds a valid California drivers license for the appropriate class of vehicle, endorsed for passenger transportation.(B) The driver holds a valid certificate issued by the Department of Motor Vehicles for operation of a school bus or a pupil activity bus, having completed all classroom and behind-the-wheel instruction required for that certification, having passed the first aid examination required by Section 12522 of the Vehicle Code for that certification, having met all other requirements for that certification, and that certification is not presently subject to revocation pursuant to Sections 13369 or 13370 of the Vehicle Code.(C) If the driver will be transporting persons with developmental disabilities as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the driver holds the certificate described in Section 12523.6 of the Vehicle Code.(D) If a driver is not employed by a local educational agency, the driver shall be employed by an agency that certifies to the local educational agency that the driver and vehicle meet the qualifications in subparagraphs (A) to (C), inclusive.(2) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(3) Per-mile state reimbursement rate is ____ dollars ($____) for the 202223 fiscal year. The per-mile state reimbursement rate for the 202324 fiscal year, and each fiscal year thereafter, shall be adjusted by the percentage change in the annual average value of the implicit price deflator for state and local government purchases of goods and services for the United States, as published by the United States Department of Commerce for the 12 month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12 month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.(f) Notwithstanding Section 39807.5 or any other law to the contrary, no local educational agency shall charge pupils a fee to be transported to school from their residence or to their residence from school.(g) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
39800.2. (a) The Transportation Access to Public Schools Fund is hereby created in the State Treasury to be administered by the department.(b) Funds in the Transportation Access to Public Schools Fund shall, upon appropriation by the Legislature, be allocated to the department for allocation to each local educational agency that provides pupil transportation pursuant to the process established by the Superintendent.(c) Commencing with the 202223 school year, the Superintendent shall allocate from the Transportation Access to Public Schools Fund to each local educational agency that provides pupil transportation an amount equal to the product of subdivision (d) or the amount received under subdivision (h) of Section 42238.02, whichever is greater.(d) The Superintendent shall calculate the product of the following factors by multiplying them together:(1) The sum of route miles driven daily by all vehicles operated by approved school transportation drivers to transport eligible pupils from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes. Daily route miles include route miles transporting pupils to and from school, en route to pick pupils up from their residences, to pick up pupils from school campuses, and to return vehicles to transportation facilities.(2) The instructional days during which eligible pupils are transported from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes.(3) The per-mile state reimbursement rate.(4) For purposes of funding route miles for extracurricular activities, including field trips, sporting events, interscholastic competitions and activities, and other off-campus school-sponsored events:(A) For a local educational agency that provides pupil transportation that does not serve pupils in grades 9 to 12, inclusive, multiply by 110 percent.(B) For a local educational agency that provides pupil transportation that serves grades 9 to 12, inclusive, and at least one additional grade, multiply by 120 percent.(C) For a local educational agency that provides pupil transportation that serves only grades 9 to 12, inclusive, multiply by 130 percent.(e) As used in this section, the following definitions apply:(1) Approved school transportation drivers include only those drivers who meet all of the following qualifications:(A) The driver holds a valid California drivers license for the appropriate class of vehicle, endorsed for passenger transportation.(B) The driver holds a valid certificate issued by the Department of Motor Vehicles for operation of a school bus or a pupil activity bus, having completed all classroom and behind-the-wheel instruction required for that certification, having passed the first aid examination required by Section 12522 of the Vehicle Code for that certification, having met all other requirements for that certification, and that certification is not presently subject to revocation pursuant to Sections 13369 or 13370 of the Vehicle Code.(C) If the driver will be transporting persons with developmental disabilities as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the driver holds the certificate described in Section 12523.6 of the Vehicle Code.(D) If a driver is not employed by a local educational agency, the driver shall be employed by an agency that certifies to the local educational agency that the driver and vehicle meet the qualifications in subparagraphs (A) to (C), inclusive.(2) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(3) Per-mile state reimbursement rate is ____ dollars ($____) for the 202223 fiscal year. The per-mile state reimbursement rate for the 202324 fiscal year, and each fiscal year thereafter, shall be adjusted by the percentage change in the annual average value of the implicit price deflator for state and local government purchases of goods and services for the United States, as published by the United States Department of Commerce for the 12 month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12 month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.(f) Notwithstanding Section 39807.5 or any other law to the contrary, no local educational agency shall charge pupils a fee to be transported to school from their residence or to their residence from school.(g) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
39800.2. (a) The Transportation Access to Public Schools Fund is hereby created in the State Treasury to be administered by the department.(b) Funds in the Transportation Access to Public Schools Fund shall, upon appropriation by the Legislature, be allocated to the department for allocation to each local educational agency that provides pupil transportation pursuant to the process established by the Superintendent.(c) Commencing with the 202223 school year, the Superintendent shall allocate from the Transportation Access to Public Schools Fund to each local educational agency that provides pupil transportation an amount equal to the product of subdivision (d) or the amount received under subdivision (h) of Section 42238.02, whichever is greater.(d) The Superintendent shall calculate the product of the following factors by multiplying them together:(1) The sum of route miles driven daily by all vehicles operated by approved school transportation drivers to transport eligible pupils from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes. Daily route miles include route miles transporting pupils to and from school, en route to pick pupils up from their residences, to pick up pupils from school campuses, and to return vehicles to transportation facilities.(2) The instructional days during which eligible pupils are transported from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes.(3) The per-mile state reimbursement rate.(4) For purposes of funding route miles for extracurricular activities, including field trips, sporting events, interscholastic competitions and activities, and other off-campus school-sponsored events:(A) For a local educational agency that provides pupil transportation that does not serve pupils in grades 9 to 12, inclusive, multiply by 110 percent.(B) For a local educational agency that provides pupil transportation that serves grades 9 to 12, inclusive, and at least one additional grade, multiply by 120 percent.(C) For a local educational agency that provides pupil transportation that serves only grades 9 to 12, inclusive, multiply by 130 percent.(e) As used in this section, the following definitions apply:(1) Approved school transportation drivers include only those drivers who meet all of the following qualifications:(A) The driver holds a valid California drivers license for the appropriate class of vehicle, endorsed for passenger transportation.(B) The driver holds a valid certificate issued by the Department of Motor Vehicles for operation of a school bus or a pupil activity bus, having completed all classroom and behind-the-wheel instruction required for that certification, having passed the first aid examination required by Section 12522 of the Vehicle Code for that certification, having met all other requirements for that certification, and that certification is not presently subject to revocation pursuant to Sections 13369 or 13370 of the Vehicle Code.(C) If the driver will be transporting persons with developmental disabilities as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the driver holds the certificate described in Section 12523.6 of the Vehicle Code.(D) If a driver is not employed by a local educational agency, the driver shall be employed by an agency that certifies to the local educational agency that the driver and vehicle meet the qualifications in subparagraphs (A) to (C), inclusive.(2) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.(3) Per-mile state reimbursement rate is ____ dollars ($____) for the 202223 fiscal year. The per-mile state reimbursement rate for the 202324 fiscal year, and each fiscal year thereafter, shall be adjusted by the percentage change in the annual average value of the implicit price deflator for state and local government purchases of goods and services for the United States, as published by the United States Department of Commerce for the 12 month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12 month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.(f) Notwithstanding Section 39807.5 or any other law to the contrary, no local educational agency shall charge pupils a fee to be transported to school from their residence or to their residence from school.(g) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
39800.2. (a) The Transportation Access to Public Schools Fund is hereby created in the State Treasury to be administered by the department.
(b) Funds in the Transportation Access to Public Schools Fund shall, upon appropriation by the Legislature, be allocated to the department for allocation to each local educational agency that provides pupil transportation pursuant to the process established by the Superintendent.
(c) Commencing with the 202223 school year, the Superintendent shall allocate from the Transportation Access to Public Schools Fund to each local educational agency that provides pupil transportation an amount equal to the product of subdivision (d) or the amount received under subdivision (h) of Section 42238.02, whichever is greater.
(d) The Superintendent shall calculate the product of the following factors by multiplying them together:
(1) The sum of route miles driven daily by all vehicles operated by approved school transportation drivers to transport eligible pupils from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes. Daily route miles include route miles transporting pupils to and from school, en route to pick pupils up from their residences, to pick up pupils from school campuses, and to return vehicles to transportation facilities.
(2) The instructional days during which eligible pupils are transported from their residence to their school of attendance and from their school of attendance to their residence on scheduled routes.
(3) The per-mile state reimbursement rate.
(4) For purposes of funding route miles for extracurricular activities, including field trips, sporting events, interscholastic competitions and activities, and other off-campus school-sponsored events:
(A) For a local educational agency that provides pupil transportation that does not serve pupils in grades 9 to 12, inclusive, multiply by 110 percent.
(B) For a local educational agency that provides pupil transportation that serves grades 9 to 12, inclusive, and at least one additional grade, multiply by 120 percent.
(C) For a local educational agency that provides pupil transportation that serves only grades 9 to 12, inclusive, multiply by 130 percent.
(e) As used in this section, the following definitions apply:
(1) Approved school transportation drivers include only those drivers who meet all of the following qualifications:
(A) The driver holds a valid California drivers license for the appropriate class of vehicle, endorsed for passenger transportation.
(B) The driver holds a valid certificate issued by the Department of Motor Vehicles for operation of a school bus or a pupil activity bus, having completed all classroom and behind-the-wheel instruction required for that certification, having passed the first aid examination required by Section 12522 of the Vehicle Code for that certification, having met all other requirements for that certification, and that certification is not presently subject to revocation pursuant to Sections 13369 or 13370 of the Vehicle Code.
(C) If the driver will be transporting persons with developmental disabilities as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the driver holds the certificate described in Section 12523.6 of the Vehicle Code.
(D) If a driver is not employed by a local educational agency, the driver shall be employed by an agency that certifies to the local educational agency that the driver and vehicle meet the qualifications in subparagraphs (A) to (C), inclusive.
(2) Local educational agency means a school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program.
(3) Per-mile state reimbursement rate is ____ dollars ($____) for the 202223 fiscal year. The per-mile state reimbursement rate for the 202324 fiscal year, and each fiscal year thereafter, shall be adjusted by the percentage change in the annual average value of the implicit price deflator for state and local government purchases of goods and services for the United States, as published by the United States Department of Commerce for the 12 month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12 month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.
(f) Notwithstanding Section 39807.5 or any other law to the contrary, no local educational agency shall charge pupils a fee to be transported to school from their residence or to their residence from school.
(g) This section shall become operative only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.
SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 5.