Section § 39830

Explanation

This section defines what qualifies as a school bus in California, primarily as any vehicle used to transport students from kindergarten through 12th grade to school or school activities. However, it lists exceptions: vehicles carrying only household members, certain passenger and motor trucks that don't carry students using wheelchairs, public transit vehicles under specific conditions, school pupil activity buses, buses crossing state borders for school activities, and state-owned vehicles operating at low speeds on hospital grounds.

A schoolbus is any motor vehicle designed, used, or maintained for the transportation of a school pupil at or below the grade 12 level to or from a public or private school or to or from public or private school activities, except the following:
(a)CA Education Code § 39830(a) A motor vehicle of any type carrying only members of the household of its owner.
(b)CA Education Code § 39830(b) A motortruck transporting pupils who are seated only in the passenger compartment, and a passenger vehicle designed for and when actually carrying not more than 10 persons, including the driver, except any vehicle or truck transporting two or more pupils who use wheelchairs.
(c)CA Education Code § 39830(c) A motor vehicle operated by a common carrier, or by and under exclusive jurisdiction of a publicly owned or operated transit system, only during the time it is on a scheduled run and is available to the general public or on a run scheduled in response to a request from a pupil who uses a wheelchair, or from a parent of the pupil, for transportation to or from nonschool activities. However, the motor vehicle is designed for and actually carries not more than 16 persons and the driver, is available to eligible persons of the general public, and the school does not provide the requested transportation service.
(d)CA Education Code § 39830(d) A school pupil activity bus as defined in Section 39830.1.
(e)CA Education Code § 39830(e) A motor vehicle operated by a carrier licensed by the Interstate Commerce Commission that is transporting pupils on a school activity entering or returning to the state from another state or country.
(f)CA Education Code § 39830(f) A state-owned motor vehicle being operated by a state employee upon the driveways, paths, parking facilities, or grounds specified in Section 21113 of the Vehicle Code that are under the control of a state hospital under the jurisdiction of the State Department of Developmental Services where the posted speed limit is not more than 20 miles per hour. The motor vehicle may also be operated for a distance of not more than one-quarter mile upon a public street or highway that runs through the grounds of a state hospital under the jurisdiction of the State Department of Developmental Services, if the posted speed limit on the public street or highway is not more than 25 miles per hour and if all traffic is regulated by posted stop signs or official traffic control signals at the points of entry and exit by the motor vehicle.

Section § 39830.1

Explanation

This law defines what a 'school pupil activity bus' is and outlines its usage, saying it can be used to transport students no higher than 12th grade to or from school activities or residential schools. These buses can be operated by carriers primarily for public transport under certain conditions. The law specifies that such buses are not subject to rules for long-distance travel out of state. School pupil activity bus drivers must follow California Highway Patrol regulations for schoolbus drivers, but they aren't required to repeat training they've already completed, and they don't need to take first aid training. Importantly, holding a certificate to drive these buses doesn't mean the driver can operate a standard school bus.

A “school pupil activity bus” means any motor vehicle, other than a schoolbus, operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, or by a passenger charter-party carrier, used under a contractual agreement between a school and carrier to transport school pupils at or below the 12th grade level to or from a public or private school activity, or used to transport pupils to or from residential schools, when the pupils are received and discharged at off-highway locations where a parent or adult designated by the parent is present to accept the pupil or place the pupil on the bus. As used in this section, “common carrier,” “publicly owned or operated transit system,” and “passenger charter-party carrier” mean carriers in business for the principal purpose of transporting members of the public on a commercial basis. This section shall not apply to a motor vehicle operated by a carrier licensed by the Interstate Commerce Commission transporting pupils on a school activity trip entering or returning to the state from another state or country.
The driver of a school pupil activity bus shall be subject to the regulations adopted by the Department of the California Highway Patrol governing schoolbus drivers, except that the regulations shall not require drivers to duplicate training or schooling that they have otherwise received that is equivalent to that required pursuant to the regulations, and the regulations may not require drivers to take training in first aid. However, a valid certificate to drive a school pupil activity bus does not entitle the bearer to drive a schoolbus.

Section § 39831

Explanation

This law section explains that the State Board of Education sets rules for how school buses are used by school districts, but the California Highway Patrol is responsible for creating safety rules about how to operate these buses. The Highway Patrol's safety regulations must also include training for school bus drivers on what to do if a bus is hijacked.

(a)CA Education Code § 39831(a) The State Board of Education shall adopt reasonable regulations relating to the use of schoolbuses by school districts and others. The regulations may not govern the safe operation of schoolbuses that shall be adopted instead by the Department of the California Highway Patrol.
(b)CA Education Code § 39831(b) The Department of the California Highway Patrol shall adopt regulations pursuant to Section 34500 of the Vehicle Code relating to the safe operation of schoolbuses that shall also require school district governing boards to include in their schoolbus driver training programs, the proper actions to be taken in the event that a schoolbus is hijacked.

Section § 39831.1

Explanation

This law requires that passengers in school buses that have seat belts or other restraint systems must use them correctly to ensure their safety while riding.

The state board shall adopt regulations to require a passenger in a schoolbus equipped with passenger restraint systems in accordance with Section 27316 of the Vehicle Code to use a passenger restraint system so that the passenger is properly restrained by that system.

Section § 39831.2

Explanation
The state board must set rules requiring anyone riding in a school activity bus with seat belts to wear them for safety reasons.
The state board shall adopt regulations to require a passenger in a school pupil activity bus equipped with passenger restraint systems in accordance with Section 27316.5 of the Vehicle Code to use a passenger restraint system so that the passenger is properly restrained by that system.

Section § 39831.3

Explanation

This law requires schools, including public, charter, and private, that provide transportation to create a safety plan for student transport. The plan should outline rules for safely picking up and dropping off students, determine if students need an escort, ensure no students are left unattended, and establish how adults will chaperone students. Schools aren't obligated to hire additional bus monitors. The safety plan must be updated as needed and made available to the California Highway Patrol upon request.

(a)CA Education Code § 39831.3(a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils. The plan shall be revised as required. The plan shall address all of the following:
(1)CA Education Code § 39831.3(a)(1) Determining if pupils require escort pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code.
(2)Copy CA Education Code § 39831.3(a)(2)
(A)Copy CA Education Code § 39831.3(a)(2)(A) Procedures for all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, to follow as they board and exit the appropriate schoolbus at each pupil’s schoolbus stop.
(B)CA Education Code § 39831.3(a)(2)(A)(B) Nothing in this paragraph requires a county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity, to use the services of an onboard schoolbus monitor, in addition to the driver, to carry out the purposes of this paragraph.
(3)CA Education Code § 39831.3(a)(3) Boarding and exiting a schoolbus at a school or other trip destination.
(4)CA Education Code § 39831.3(a)(4) Procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus.
(5)CA Education Code § 39831.3(a)(5) Procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus.
(b)CA Education Code § 39831.3(b) A current copy of a plan prepared pursuant to subdivision (a) shall be retained by each school subject to the plan and made available upon request to an officer of the Department of the California Highway Patrol.

Section § 39831.5

Explanation

This law requires that all students in prekindergarten through grade 12 who ride a school bus must be taught about school bus safety and emergency procedures. When students first register for school, their parents must receive written info about bus safety, including where bus stops are and how to behave at bus stops. Each year, students in prekindergarten through grade 8 must receive safety training that covers how to get on and off the bus correctly, how to cross the street safely, and understand the use of safety belts. Before any school trips, all students on the bus must learn about emergency exits and use of safety equipment. The school must keep a record of all these instructions, noting details like the date, bus driver's name, and what topics were covered, for at least one year in case the Highway Patrol wants to inspect it.

(a)CA Education Code § 39831.5(a) All pupils in prekindergarten, kindergarten, and grades 1 to 12, inclusive, in public or private school who are transported in a schoolbus or school pupil activity bus shall receive instruction in schoolbus emergency procedures and passenger safety. The county superintendent of schools, superintendent of the school district, or owner/operator of a private school, as applicable, shall ensure that the instruction is provided as follows:
(1)CA Education Code § 39831.5(a)(1) Upon registration, the parents or guardians of all pupils not previously transported in a schoolbus or school pupil activity bus and who are in prekindergarten, kindergarten, and grades 1 to 6, inclusive, shall be provided with written information on schoolbus safety. The information shall include, but not be limited to, all of the following:
(A)CA Education Code § 39831.5(a)(1)(A) A list of schoolbus stops near each pupil’s home.
(B)CA Education Code § 39831.5(a)(1)(B) General rules of conduct at schoolbus loading zones.
(C)CA Education Code § 39831.5(a)(1)(C) Red light crossing instructions.
(D)CA Education Code § 39831.5(a)(1)(D) Schoolbus danger zone.
(E)CA Education Code § 39831.5(a)(1)(E) Walking to and from schoolbus stops.
(2)CA Education Code § 39831.5(a)(2) At least once in each school year, all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, who receive home-to-school transportation shall receive safety instruction that includes, but is not limited to, proper loading and unloading procedures, including escorting by the driver, how to safely cross the street, highway, or private road, instruction on the use of passenger restraint systems, as described in paragraph (3), proper passenger conduct, bus evacuation, and location of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit. As part of the instruction, pupils shall evacuate the schoolbus through emergency exit doors.
(3)CA Education Code § 39831.5(a)(3) Instruction on the use of passenger restraint systems, when a passenger restraint system is installed, shall include, but not be limited to, all of the following:
(A)CA Education Code § 39831.5(a)(3)(A) Proper fastening and release of the passenger restraint system.
(B)CA Education Code § 39831.5(a)(3)(B) Acceptable placement of passenger restraint systems on pupils.
(C)CA Education Code § 39831.5(a)(3)(C) Times at which the passenger restraint systems should be fastened and released.
(D)CA Education Code § 39831.5(a)(3)(D) Acceptable placement of the passenger restraint systems when not in use.
(4)CA Education Code § 39831.5(a)(4) Prior to departure on a school activity trip, all pupils riding on a schoolbus or school pupil activity bus shall receive safety instruction that includes, but is not limited to, location of emergency exits, and location and use of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit.
(b)CA Education Code § 39831.5(b) The following information shall be documented each time the instruction required by paragraph (2) of subdivision (a) is given:
(1)CA Education Code § 39831.5(b)(1) Name of school district, county office of education, or private school.
(2)CA Education Code § 39831.5(b)(2) Name and location of school.
(3)CA Education Code § 39831.5(b)(3) Date of instruction.
(4)CA Education Code § 39831.5(b)(4) Names of supervising adults.
(5)CA Education Code § 39831.5(b)(5) Number of pupils participating.
(6)CA Education Code § 39831.5(b)(6) Grade levels of pupils.
(7)CA Education Code § 39831.5(b)(7) Subjects covered in instruction.
(8)CA Education Code § 39831.5(b)(8) Amount of time taken for instruction.
(9)CA Education Code § 39831.5(b)(9) Busdriver’s name.
(10)CA Education Code § 39831.5(b)(10) Bus number.
(11)CA Education Code § 39831.5(b)(11) Additional remarks.
The information recorded pursuant to this subdivision shall remain on file at the district or county office, or at the school, for one year from the date of the instruction, and shall be subject to inspection by the Department of the California Highway Patrol.

Section § 39832

Explanation

Schools can paint the name of the school on the side of a school bus, but it has to be done according to guidelines set by the California Highway Patrol.

The name or names of the particular school or schools to which a schoolbus conveys pupils may be painted on the side of the bus, in the manner prescribed by the Department of the California Highway Patrol.

Section § 39833

Explanation
If someone in a school district knowingly lets a school bus be driven against the California Highway Patrol's rules, or if someone drives a school bus without the proper qualifications, they can be charged with a misdemeanor.
Any officer, agent, or employee of a school district, or any other person knowingly operating, or permitting or directing the operation of a schoolbus in violation of any regulation or order of the Department of the California Highway Patrol, and any person knowingly operating a schoolbus without possessing the qualifications required by the Department of the California Highway Patrol for schoolbus operators, is guilty of a misdemeanor.

Section § 39834

Explanation

This law states that it's generally a crime if someone knowingly operates a school bus overloaded with kids beyond its seating capacity. However, schools can have a policy in place that allows buses to be overfilled during emergencies, like natural disasters, to ensure the children's safety. Emergencies in this context mean situations that require kids to be quickly moved to a safer place.

(a)CA Education Code § 39834(a) Except as provided in subdivision (b), any officer, agent, or employee of a school district, office of the county superintendent of schools, or joint powers agency, or any other person, knowingly operating, or permitting or directing the operation of a schoolbus, when it is loaded with schoolchildren in excess of the limits of its seating capacity, is guilty of a misdemeanor.
(b)CA Education Code § 39834(b) The governing board of any school district, office of the county superintendent of schools, or joint powers agency may adopt a district policy establishing plans for the evacuation of pupils in case of any emergency that may provide, where necessary, for the loading of schoolchildren on a schoolbus in excess of the limits of its seating capacity.
(c)CA Education Code § 39834(c) As used in this section, “emergency” means a natural disaster or hazard that requires pupils to be moved immediately in order to ensure their safety.

Section § 39835

Explanation

This law allows school districts to use school buses for community recreation activities throughout the school year. If the school district is getting reimbursements for transportation costs, they must include the total bus mileage used for these activities in their reports. The state will deduct an amount for wear and tear on the buses used for community purposes from their funding.

(a)CA Education Code § 39835(a) The governing board of any school district may use schoolbuses to transport persons for purposes of community recreation as provided in Chapter 10 (commencing with Section 10900) of Part 7. The transportation may be provided on any day or days throughout the school year.
(b)CA Education Code § 39835(b) Any school district that files forms with the Superintendent of Public Instruction covering the annual report of transportation expense in connection with reimbursement for transportation shall show on the forms the total mileage of schoolbuses used in providing transportation for community recreation purposes. The Superintendent of Public Instruction, in accordance with regulations adopted by him or her, shall deduct from the allowances to a school district for transportation an amount equal to the depreciation of schoolbuses due to their use in transporting persons for community recreation.

Section § 39836

Explanation

This law allows school districts to use their buses to transport students to and from crop harvest locations during a national emergency or war. The school district can charge a reasonable fee for this transportation service.

During any national emergency declared by the President of the United States of America or during any war in which the United States of America is engaged, the governing board of a school district may operate any bus owned or under lease to the district for the transportation of pupils of the district engaged in the harvesting of crops to and from the places of harvest and shall require the payment of a reasonable charge for transportation furnished.

Section § 39837

Explanation

School districts in California can use their buses to transport students to and from summer jobs as part of a youth employment program. However, they must charge a reasonable fee for this transportation. Additionally, the school districts need to have adequate insurance to cover any potential liability concerning this service.

The governing board of any school district may use and operate any bus owned or under lease to the district for the transportation of pupils to and from their places of employment during the summer in connection with any summer employment program for youth. The governing board shall require the payment of a reasonable charge for transportation so furnished. The governing board shall, in accordance with Section 35208, adequately insure against the liability of the district, members of the board, and officers and employees of the district in connection with the furnishing of transportation.

Section § 39837.5

Explanation
School districts can use school buses to transport employees, parents, and adult volunteers to school-approved educational events.
The governing board of a school district may provide for the transportation on schoolbuses of employees of the school district, parents of pupils of the school district, and adult volunteers to and from educational activities authorized by the school district.

Section § 39838

Explanation

School buses in California must have one or more fire extinguishers approved by recognized safety laboratories stored within easy reach of the driver. These extinguishers must have a combined rating of at least 8-B, C, which ensures they can handle multiple types of fires, but they cannot use carbon tetrachloride.

(a)CA Education Code § 39838(a) Each schoolbus shall be equipped with one or more fire extinguishers bearing the approval of the laboratories of the National Board of Fire Underwriters, Underwriters’ Laboratories Incorporated, or any other nationally recognized testing laboratory, and located in an easily accessible place in the driver’s compartment.
(b)CA Education Code § 39838(b) Each schoolbus shall be equipped with one or more fire extinguishers with an aggregate rating of at least 8-B, C units, as rated by the Underwriters’ Laboratories Incorporated. Carbon tetrachloride fire extinguishers may not be used on schoolbuses.

Section § 39839

Explanation

This law allows guide dogs, signal dogs, and service dogs to be transported on a school bus if they are assisting disabled students or teachers, or if they're being trained.

Guide dogs, signal dogs, and service dogs trained to provide assistance to individuals with a disability may be transported in a schoolbus when accompanied by disabled pupils enrolled in a public or private school or by disabled teachers employed in a public or private school or community college or by persons training the dogs.

Section § 39840

Explanation

This law allows a school district to let government agencies use its school buses to transport their employees, but only if certain conditions are met. These conditions include: no nearby public transport for the employees, the buses must normally be used to transport students from the agency's property, the use must not interfere with school needs, and the school bus markings and lights must be covered. The buses need to be maintained in good condition, and detailed records of their mileage under agency use must be kept. The district will face deductions if bus depreciation occurs due to this use.

The governing board of any school district may enter into a contract under the terms of which the school district grants the use of any schoolbus that is owned or leased by the school district to any federal, state, or local governmental agency for the purpose of providing transportation for employees of the agency to or from their places of employment, or both, if the following conditions are satisfied:
(a)CA Education Code § 39840(a) Public transportation is not reasonably available to the agency’s employees at their place of employment.
(b)CA Education Code § 39840(b) The school district normally provides transportation for pupils residing on the governmental agency’s property to or from school, or both.
(c)CA Education Code § 39840(c) The transportation of the agency’s employees does not interfere with the school district’s use of schoolbuses for school transportation purposes.
(d)CA Education Code § 39840(d) All schoolbus warning lights and exterior lettering or signs that identify the bus as a schoolbus are covered or removed during operation by the federal, state, or local governmental agency.
(e)CA Education Code § 39840(e) Mechanical condition of a schoolbus during operation by the federal, state, or local governmental agency is maintained so as to meet or exceed those regulations promulgated by the State Department of Education pursuant to Section 39831 governing the operation of schoolbuses.
(f)CA Education Code § 39840(f) Accurate records are maintained that reflect the actual number of miles any schoolbus is driven during times of operation by the federal, state, or local governmental agency, which records are to be made available to the Superintendent of Public Instruction in connection with the annual report of transportation expense made by the school district. The Superintendent of Public Instruction, in accordance with Section 39835, shall deduct from the allowances to a school district for transportation an amount equal to the depreciation of schoolbuses due to their use in transporting employees of a federal, state, or local governmental agency pursuant to this section.

Section § 39841

Explanation

This law outlines specific conditions a school district must include in any deal when letting a public transit system use its school buses. Firstly, any signs or lights marking the bus as a school bus must be covered or removed. Secondly, the bus must be kept in top working order, meeting the state’s school bus standards. Lastly, detailed records of the miles driven by the bus in public transit service must be kept.

The following requirements shall be included in any agreement entered into between a school district and a publicly owned transit system under which the school district grants the use of any schoolbus that is owned or leased by it to the transit system for public transportation purposes:
(a)CA Education Code § 39841(a) All schoolbus warning lights and exterior lettering or signs that identify the bus as a schoolbus are covered or removed during operation by the transit system.
(b)CA Education Code § 39841(b) Mechanical condition of a schoolbus during operation by the transit system is maintained so as to meet or exceed those regulations adopted by the State Board of Education pursuant to Section 39831 governing the operation of schoolbuses.
(c)CA Education Code § 39841(c) Accurate records are maintained that reflect the actual number of miles any schoolbus is driven during times of operation by the transit system.

Section § 39842

Explanation

This law states that if someone gets on a school bus or an activity bus without permission from the driver or school official, with the intention to commit a crime, and then refuses to leave when told, they are committing a misdemeanor. This crime can lead to a jail term of up to six months, a fine of up to $1,000, or both. School districts can also put up notices on buses warning against such unauthorized entry.

(a)CA Education Code § 39842(a) Any person who enters a schoolbus or school pupil activity bus without prior authorization of the driver or other school official with intent to commit any crime and who refuses to disembark after being ordered to do so by the driver or other school official is guilty of a misdemeanor and is punishable by imprisonment in the county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both.
(b)CA Education Code § 39842(b) A school district or county superintendent of schools may place a notice at the entrance of a schoolbus or school pupil activity bus that complies with the requirements of paragraph (3) of subdivision (c) of Section 1256.5 of Title 13 of the California Code of Regulations and that warns against unauthorized entry.

Section § 39843

Explanation

This law requires schools and related organizations that provide transportation to report any school bus driver disciplinary actions to the Department of Motor Vehicles within five days. Specifically, if a driver leaves a vehicle with students inside unsupervised and is deemed grossly negligent, this must be reported. Gross negligence is defined as a severe lack of care compared to what is normally expected. However, if a driver is escorting students safely as part of their duties, that isn't considered leaving the vehicle.

(a)CA Education Code § 39843(a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall notify the Department of Motor Vehicles, in a form and manner that the Department of Motor Vehicles specifies, within five calendar days after the county office of education, the governing board of a school district, the charter school, the owner or operator of the private school, or, in situations where the transportation services are contracted out, the driver’s employer, has done both of the following:
(1)CA Education Code § 39843(a)(1) Ordered and upheld disciplinary action, after completion of disciplinary procedures conducted in compliance with rights granted by law or a collective bargaining agreement, against a driver of a schoolbus, school pupil activity bus, or youth bus who was found to have left the immediate vicinity of the vehicle to which the driver had been assigned with an unsupervised pupil onboard.
(2)CA Education Code § 39843(a)(2) Made a finding that the driver’s actions constituted gross negligence.
(b)CA Education Code § 39843(b) For purposes of this section, escorting pupils pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code shall not be considered leaving the immediate vicinity of the vehicle.
(c)CA Education Code § 39843(c) For purposes of this section, “gross negligence” means the want of even scant care or an extreme departure from the ordinary standard of conduct.