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Regular Session, 2012
HOUSE BILL NO. 716
BY REPRESENTATIVE HENRY
SCHOOLS/BUS DRIVERS: Limits applicability of laws relative to a school bus operator
becoming a regular and permanent employee of the employing school board and
provides relative to removal of certain operators
AN ACT1
To amend and reenact R.S. 17:491 and 492, relative to tenure of school bus operators; to2
provide relative to a school bus operator becoming a regular and permanent3
employee of the employing school board; to provide definitions; to provide4
applicability; to provide relative to the removal of certain operators; to provide an5
effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:491 and 492 are hereby amended and reenacted to read as8
follows:9
§491. Definitions10
A. As used in this Subpart, the term "school bus operator" means any11
employee of any city, or parish, or other local public school board whose duty it is12
to transport students in any city or parish board school bus or activity bus to and13
from any school of suitable grade approved by the state department Department of14
education Education or to and from any school related school-related activity. Such15
employee shall be certified to have participated in any school bus drivers16
instructional program or in-service training provided by the state department17
Department of education Education as provided for in R.S. 17:497.2 17:497.4, shall18
have attained the age of twenty-one years, and shall be certified to have passed any19 HLS 12RS-129 ORIGINAL
HB NO. 716
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physical examination required by the department. It shall be unlawful for anyone not1
certified as provided herein to transport school students to and from any such school.2
B. Employees of parish and city, parish, and other local public school boards3
who drive buses to colleges or universities may, at the discretion of the employing4
school board, be exempted from the age requirements provided herein, but shall meet5
those age requirements provided in R.S. 17:160.6
* * *7
§492. Probation and tenure of bus operators8
A. Each school bus operator shall serve a probationary term of three years9
reckoned from the date of his first employment in the city, parish, or other local10
public school system in which the operator is serving his probation. During the11
probationary term, the city, parish, or other local public school board may dismiss12
or discharge any operator upon the written recommendation of the parish local13
superintendent of schools accompanied by valid reasons therefor.14
B. Any Except as provided in Subsection D of this Section, any school bus15
operator found unsatisfactory by the parish school board at the expiration of the16
probationary term shall be notified in writing by the board that he has been17
discharged or dismissed; in the absence of such notification such probationary school18
bus operator shall automatically become a regular and permanent operator in the19
employ of the school board of the parish school system in which he has successfully20
served his probationary term .; provided that all school bus operators in the employ21
of any parish school board on July 26, 1944, and who have served satisfactorily as22
school bus operators for more than three consecutive years and who shall be23
employed for the school term of 1944-45, are declared to be regular and permanent24
school bus operators in the employ of the school board of that parish.25
C. In order to acquire tenure under the provisions hereof, each school bus26
operator shall personally operate and drive the school bus he is employed to operate;27
no one shall acquire tenure in the operation of more than one school bus.28 HLS 12RS-129 ORIGINAL
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D.(1) The provisions of Subsection B of this Section, relative to a school bus1
operator becoming a regular and permanent operator, are not applicable to any2
school bus operator whose date of first employment with the school system is July3
1, 2012, or thereafter.4
(2) After the expiration of the probationary term provided in Subsection A5
of this Section, a school bus operator whose date of first employment with a school6
system is July 1, 2012, or thereafter, may be removed from his position as provided7
by the personnel policy of the employing school board.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
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)]
Henry HB No. 716
Abstract: Provides that the provisions of state law relative to the acquisition of tenure by
school bus operators (becoming permanent employees) shall not be applicable to any
operator whose date of first employment with the school system is July 1, 2012, or
thereafter. Also provides relative to removal of school bus operators first hired after
this date.
Present law (R.S. 17:491) defines "school bus operator" (for purposes of certain laws
including those relative to probation and tenure of bus operators) to mean any employee of
any city or parish school board whose duty it is to transport students in any city or parish
school bus or activity bus to and from any school of suitable grade approved by the state
Dept. of Education or to and from any school-related activity.
Requires that such employee shall be certified to have participated in any school bus drivers
instructional program or in-service training provided by the state Dept. of Education as
provided by law, shall be at least 21 years old, and shall be certified to have passed any
physical examination required by the department. Specifies that it shall be unlawful for
anyone not so certified to transport school students to and from any such school.
Provides that employees of parish and city school boards who drive buses to colleges or
universities, at the discretion of the employing school board, may be exempted for the
specified age requirement but shall not be under age 18 (R.S. 17:160).
Proposed law retains present law except to make technical corrections. HLS 12RS-129 ORIGINAL
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Relative to probation and tenure of bus operators:
Present law (R.S. 17:492) provides that each school bus operator shall serve a probationary
term of three years reckoned from the date of his first employment in the parish in which the
operator is serving his probation. Provides that during the probationary term the parish
school board may dismiss or discharge any operator upon the written recommendation of the
parish superintendent of schools accompanied by valid reasons therefor.
Specifies that any school bus operator found unsatisfactory by the parish school board at the
expiration of the probationary term shall be notified in writing by the board that he has been
discharged or dismissed. Provides that in the absence of such notification the probationary
school bus operator shall automatically become a regular and permanent operator in the
employ of the school board of the parish in which he has successfully served his
probationary term.
Provides that all school bus operators in the employ of any parish school board on July 26,
1944, and who have served satisfactorily as school bus operators for more than three
consecutive years and who are employed for the school term of 1944-1945, are declared to
be regular and permanent school bus operators in the employ of the school board of that
parish.
Requires that in order to acquire tenure under present law, each school bus operator must
personally operate and drive the school bus he is employed to operate and that no one shall
acquire tenure in the operation of more than one school bus.
Proposed law retains present law with respect to persons hired prior to July 1, 2012, except
to make technical corrections and to delete provisions relative to operators employed by a
parish school board on July 26, 1944.
Proposed law additionally provides that present law provisions relative to an operator
becoming a regular and permanent operator are not applicable to any school bus operator
whose date of first employment with the school system is July 1, 2012, or thereafter.
Relative to such an operator, proposed law provides that after the expiration of the
probationary term provided by present law, the operator may be removed from his position
as provided by the personnel policy of the employing school board.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:491 and 492)