HLS 10RS-178 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1276
BY REPRESENTATIVES HARDY, BARRAS, BILLIOT, HENRY BURNS, TIM BURNS,
CARTER, CHAMPAGNE, GUILLORY, HOFFMANN, LABRUZZO, LEGER,
LIGI, MILLS, POPE, PUGH, RICHARD, JANE SMITH, TALBOT, TEMPLET,
THIBAUT, AND WHITE AND SENATORS ALARIO, APPEL, BROOME, LONG,
MARTINY, MORRELL, MOUNT, AND WALSWORTH
SCHOOL BUS DRIVERS: Requires a school bus operator to report his arrest for specified
offenses involving operating a vehicle
AN ACT1
To amend and reenact R.S. 17:493(A) and (C) and to enact R.S. 17:491.3 and 3996(B)(24),2
relative to school bus operators; to require a school bus operator to report his arrest3
for specified offenses involving operating a vehicle; to provide relative to guidelines,4
procedures, and timelines for such reporting; to provide relative to administration;5
to provide definitions; to provide applicability; to provide relative to the failure of6
the operator to report; to provide effectiveness; to provide an effective date; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:493(A) and (C) are hereby amended and reenacted and R.S.10
17:491.3 and 3996(B)(24) are hereby enacted to read as follows: 11
§491.3. Reporting of certain arrests; requirements; failure to report12
A. Effective January 1, 2011, and thereafter, a school bus operator shall13
report his arrest for a violation of R.S. 14:98, 14:98.1, or any other law or ordinance14
that prohibits operating a vehicle while under the influence of alcohol or any abused15
substance or controlled dangerous substance set forth in the schedules provided in16
R.S. 40:964.17 HLS 10RS-178 ORIGINAL
HB NO. 1276
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B. The report required by Subsection A of this Section shall be made by the1
operator to a person or persons as specified by the governing authority of the school2
in rules and regulations required by this Section. Such report shall be made within3
twenty-fo ur hours of the arrest or prior to the operator next reporting for his work4
assignment as a school bus operator, whichever time period is shorter. Such report5
shall be made by the school bus operator regardless of who owns or leases the6
vehicle being driven by the operator at the time of the offense for which he was7
arrested and regardless of whether the operator was performing an official duty or8
responsibility as a school bus operator at the time of the offense.9
C. The provisions of this Section shall apply to an arrest occurring after10
December 31, 2010, for a violation as specified in Subsection A of this Section.11
D.(1) A school bus operator who fails to comply with the provisions of this12
Section shall be terminated by the governing authority employing the operator if13
such operator is serving a probationary term of employment as provided by R.S.14
17:492 or if the provisions of law relative to probation and tenure of bus operators15
are not applicable to the operator.16
(2) A school bus operator employed by a city, parish, or other local public17
school board who is a regular and permanent employee of the board as provided by18
R.S. 17:492 shall be subject to removal as provided by R.S. 17:493 for failure to19
comply with the provisions of this Section. Written and signed charges alleging such20
failure shall be brought against the bus operator.21
E. The governing authority of each public elementary or secondary school,22
by not later than October 1, 2010, shall adopt rules, regulations, and procedures23
necessary to administer the provisions of this Section. Such rules, regulations, and24
procedures shall be consistent with the provisions of this Section.25
F. For the purposes of this Section, "school bus operator" means any26
employee of a city, parish, or other local public school board or other governing27
authority of a public elementary or secondary school whose duty it is to transport28
students in any school bus or activity bus to and from a school approved by the State29 HLS 10RS-178 ORIGINAL
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Board of Elementary and Secondary Education or to and from any school-related1
activity.2
* * *3
§493. Removal of bus operators; procedures; right to appeal4
A. A permanent school bus operator shall not be removed from his position5
except upon written and signed charges of willful neglect of duty, or incompetence,6
or immorality, or drunkenness while on duty, or failure to comply with the reporting7
requirements of R.S. 17:491.3 relative to being arrested for one or more of the8
specified offenses, or physical disability to perform his duties, or failure to keep his9
transfer equipment in a safe, comfortable, and practical operating condition, or of10
being a member of or contributing to any group, organization, movement, or11
corporation that is prohibited by law or injunction from operating in the state, and12
then only if found guilty after a hearing by the school board of the parish or city in13
which the school bus operator is employed. An additional ground for the removal14
from office of any permanent school bus operator shall be the abolition,15
discontinuance, or consolidation of routes, but then only if it is found as a fact, after16
a hearing by the school board of the parish or city, that it is in the best interests of the17
school system to abolish, discontinue, or consolidate said route or routes.18
* * *19
C. If a permanent school bus operator is found guilty by a school board, after20
due and legal hearing as provided herein, on charges of willful neglect of duty, or of21
incompetency, or immorality, or drunkenness while on duty, or failure to comply22
with the reporting requirements of R.S. 17:491.3, relative to being arrested for one23
or more of the specified offenses, or physical disability to perform his duties, or24
failure to keep his transfer equipment in a safe, comfortable, and practical operating25
condition, or of being a member of or contributing to any group, organization,26
movement, or corporation that is prohibited by law or injunction from operating in27
the state, and ordered removed from office, or disciplined by the board, the28
superintendent with approval of the board shall furnish to the school bus operator a29 HLS 10RS-178 ORIGINAL
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written statement of recommendation of removal or discipline, which shall include1
but not be limited to the exact reason, offense, or instance upon which the2
recommendation is based. Such operator may, not more than one year from the date3
of the said finding, petition a court of competent jurisdiction for a full hearing to4
review the action of the school board, and the court shall have jurisdiction to affirm5
or reverse the action of the school board in the matter. If the finding of the school6
board is reversed by the court and the operator is ordered reinstated and restored to7
duty, the operator shall be entitled to full pay for any loss of time or salary he may8
have sustained by reason of the action of the said school board.9
* * *10
§3996. Charter schools; exemptions11
* * *12
B. Notwithstanding any state law, rule, or regulation to the contrary and13
except as may be otherwise specifically provided for in an approved charter, a14
charter school established and operated in accordance with the provisions of this15
Chapter and its approved charter and the school's officers and employees shall be16
exempt from all statutory mandates or other statutory requirements that are17
applicable to public schools and to public school officers and employees except for18
the following laws otherwise applicable to public schools with the same grades:19
* * *20
(24) Reporting by a school bus operator employed by the governing21
authority of a public elementary or secondary school of his arrest for one or more of22
the specified offenses relative to operating a vehicle, R.S. 17:491.3.23
* * *24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 10RS-178 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hardy HB No. 1276
Abstract: Requires a school bus operator employed by a city, parish, or other local public
school board or other governing authority of a public elementary or secondary school
to report his arrest for specified offenses involving operating a vehicle and provides
relative to the failure of the operator to so report.
Proposed law (R.S. 17:491.3) requires a school bus operator to report his arrest for a
violation of R.S. 14:98 (operating a vehicle while intoxicated), R.S. 14:98.1 (underage
operating a vehicle while intoxicated), or other law or ordinance that prohibits operating a
vehicle while under the influence of alcohol or any abused substance or controlled dangerous
substance set forth in the schedules provided in R.S. 40:964. Specifies that proposed law
shall apply to an arrest occurring after Dec. 31, 2010.
Provides that the operator shall make the report to a person or persons as specified by the
governing authority of the school. Requires that the report be made within 24 hours of the
arrest or prior to the operator next reporting for his work assignment as a school bus
operator, whichever time period is shorter. Provides that the report shall be made by the
school bus operator regardless of who owns or leases the vehicle being driven by the
operator at the time of the offense and regardless of whether the operator was performing
an official duty or responsibility as a school bus operator at the time of the offense.
Provides that a school bus operator who fails to comply with the provisions of proposed law
shall be terminated by the governing authority employing the operator if such operator is
serving a probationary term of employment (as provided by R.S. 17:492) or if the provisions
of law relative to probation and tenure of bus operators are not applicable to the operator.
Provides that a school bus operator employed by a local school board who is a regular and
permanent employee of the board shall be subject to removal as provided by law (R.S.
17:493) for failure to comply with the provisions of proposed law. Requires that written and
signed charges alleging such failure be brought against the bus operator.
Requires the governing authority of a public elementary or secondary school (including a
charter school), by not later than Oct. 1, 2010, to adopt rules, regulations, and procedures
necessary to administer the provisions of proposed law. Specifies that such rules,
regulations, and procedures shall be consistent with proposed law.
For proposed law purposes, defines "school bus operator" to mean any employee of a local
school board or other governing authority of a public elementary or secondary school whose
duty it is to transport students in any school bus or activity bus to and from a school
approved by the State Board of Elementary and Secondary Education or to and from any
school-related activity.
Relative to the removal of a permanent (tenured) school bus operator employed by a local
school board:
Present law (R.S. 17:493(A)) provides that such an operator shall not be removed from his
position except upon written and signed charges of willful neglect of duty, or incompetence,
or immorality, or drunkenness while on duty, or physical disability to perform his duties, or
failure to keep his transfer equipment in a safe, comfortable, and practical operating
condition, or of being a member of or contributing to any group, organization, movement, HLS 10RS-178 ORIGINAL
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or corporation that is prohibited by law or injunction from operating in the state, and then
only if found guilty after a hearing by the employing school board. Provides that an
additional ground for removal shall be the abolition, discontinuance, or consolidation of
routes, but then only if it is found as a fact, after a hearing by the school board that it is in
the best interests of the school system to abolish, discontinue, or consolidate said route or
routes.
Present law (R.S. 17:493(C)) also provides that if a permanent school bus operator is found
guilty by a school board on any charge specified above and ordered removed from office or
disciplined by the board, the superintendent (with approval of the board) shall furnish to the
school bus operator a written statement of recommendation of removal or discipline, which
shall include but not be limited to the exact reason, offense, or instance upon which the
recommendation is based. Provides that the operator may, not more than one year from the
date of the said finding, petition a court of competent jurisdiction for a full hearing to review
the school board's action and that the court shall have jurisdiction to affirm or reverse such
action. Specifies that if the school board's finding is reversed and the operator is ordered
reinstated and restored to duty, the operator shall be entitled to full pay for any loss of time
or salary he may have sustained by reason of the school board's action.
Proposed law retains present law and adds as a grounds for removal the failure to comply
with the reporting requirements of proposed law relative to being arrested for one or more
of the specified offenses.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:493(A) and (C); Adds R.S. 17:491.3 and 3996(B)(24))