1.1 	A bill for an act
1.2 	relating to pupil transportation; updating school bus equipment standards; 
1.3 	clarifying school bus discipline policies for charter school and nonpublic 
1.4 	pupils being transported on school district buses; modifying certain school 
1.5 	bus license standards; clarifying certain pupil transportation cost data; 
1.6 	amending Minnesota Statutes 2004, sections 123B.90, subdivision 2; 123B.91, 
1.7 	by adding a subdivision; 169.01, subdivision 6; 169.447, subdivision 2; 
1.8 	169.4501, subdivisions 1, 2; 169.4502, subdivision 5; 169.4503, subdivision 
1.9 	20; 171.321, subdivisions 4, 5; 171.3215, subdivision 2; 631.40, subdivision 
1.10 	1a; Minnesota Statutes 2005 Supplement, sections 123B.92, subdivisions 1, 5; 
1.11 	171.02, subdivision 2a; repealing Minnesota Statutes 2004, sections 169.4502, 
1.12 	subdivision 15; 169.4503, subdivisions 17, 18, 26.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	Section 1. Minnesota Statutes 2004, section 123B.90, subdivision 2, is amended to read:
1.15 		Subd. 2.Student training. (a) Each district must provide public school pupils 
1.16 	enrolled in kindergarten through grade 10 with age-appropriate school bus safety training, 
1.17 	as described in this section, of the following concepts:
1.18 	(1) transportation by school bus is a privilege and not a right;
1.19 	(2) district policies for student conduct and school bus safety;
1.20 	(3) appropriate conduct while on the school bus;
1.21 	(4) the danger zones surrounding a school bus;
1.22 	(5) procedures for safely boarding and leaving a school bus;
1.23 	(6) procedures for safe street or road crossing; and
1.24 	(7) school bus evacuation.
1.25 	(b) Each nonpublic school located within the district must provide all nonpublic 
1.26 	school pupils enrolled in kindergarten through grade 10 who are transported by school 
2.1 	bus at public expense and attend school within the district's boundaries with training as 
2.2 	required in paragraph (a).
2.3 	(c) Students enrolled in kindergarten through grade 6 who are transported by school 
2.4 	bus and are enrolled during the first or second week of school must receive the school bus 
2.5 	safety training competencies by the end of the third week of school. Students enrolled in 
2.6 	grades 7 through 10 who are transported by school bus and are enrolled during the first or 
2.7 	second week of school and have not previously received school bus safety training must 
2.8 	receive the training or receive bus safety instructional materials by the end of the sixth 
2.9 	week of school. Students taking driver's training instructional classes and other students in 
2.10 	grades 9 and grade 9 or 10 must receive training in the laws and proper procedures when 
2.11 	operating a motor vehicle in the vicinity of a school bus. Students enrolled in kindergarten 
2.12 	through grade 10 who enroll in a school after the second week of school and are 
2.13 	transported by school bus and have not received training in their previous school district 
2.14 	shall undergo school bus safety training or receive bus safety instructional materials 
2.15 	within four weeks of the first day of attendance. Upon request of the superintendent 
2.16 	of schools, the school transportation safety director in each district must certify to the 
2.17 	superintendent of schools annually that all students transported by school bus within 
2.18 	the district have received the school bus safety training according to this section. Upon 
2.19 	request of the superintendent of the school district where the nonpublic school is located, 
2.20 	the principal or other chief administrator of each nonpublic school must certify annually to 
2.21 	the school transportation safety director of the district in which the school is located that 
2.22 	the school's students transported by school bus at public expense have received training 
2.23 	according to this section.
2.24 	(d) A district and a nonpublic school with students transported by school bus at 
2.25 	public expense may provide kindergarten pupils with bus safety training before the first 
2.26 	day of school.
2.27 	(e) A district and a nonpublic school with students transported by school bus at 
2.28 	public expense may also provide student safety education for bicycling and pedestrian 
2.29 	safety, for students enrolled in kindergarten through grade 5.
2.30 	(f) A district and a nonpublic school with students transported by school bus at 
2.31 	public expense must make reasonable accommodations for the school bus safety training 
2.32 	of pupils known to speak English as a second language and pupils with disabilities.
2.33 	(g) The district and a nonpublic school with students transported by school bus at 
2.34 	public expense must provide students enrolled in kindergarten through grade 3 school bus 
2.35 	safety training twice during the school year.
3.1 	(h) A district and a nonpublic school with students transported by school bus at public 
3.2 	expense must conduct a school bus evacuation drill at least once during the school year.

3.3 	EFFECTIVE DATE. This section is effective July 1, 2006. 

3.4 	Sec. 2. Minnesota Statutes 2004, section 123B.91, is amended by adding a subdivision 
3.5 	to read:
3.6 		Subd. 1a.Compliance by nonpublic and charter schools. All nonpublic and 
3.7 	charter schools whose students are transported by a public school district shall comply 
3.8 	with student bus conduct and student bus discipline policies of the transporting public 
3.9 	school district enacted according to section 123B.91, subdivision 1, clauses 2 and 5. 
3.10 	A public school district may withhold transportation service to a nonpublic or 
3.11 	charter school that fails or refuses to follow school district policies enacted under section 
3.12 	123B.91, subdivision 1, clauses 2 and 5, until the time the nonpublic or charter school is in 
3.13 	compliance with the school district transportation policy. 

3.14 	EFFECTIVE DATE. This section is effective July 1, 2006. 

3.15 	Sec. 3. Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 1, is 
3.16 	amended to read:
3.17 		Subdivision 1.Definitions. For purposes of this section and section 125A.76, the 
3.18 	terms defined in this subdivision have the meanings given to them.
3.19 	(a) "Actual expenditure per pupil transported in the regular and excess transportation 
3.20 	categories" means the quotient obtained by dividing:
3.21 	(1) the sum of:
3.22 	(i) all expenditures for transportation in the regular category, as defined in paragraph 
3.23 	(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
3.24 	(ii) an amount equal to one year's depreciation on the district's school bus fleet 
3.25 	and mobile units computed on a straight line basis at the rate of 15 percent per year for 
3.26 	districts operating a program under section 124D.128 for grades 1 to 12 for all students in 
3.27 	the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
3.28 	(iii) an amount equal to one year's depreciation on the district's type three school 
3.29 	buses, as defined in section 169.01, subdivision 6, clause (5), which must be used a 
3.30 	majority of the time for pupil transportation purposes, computed on a straight line basis at 
3.31 	the rate of 20 percent per year of the cost of the type three school buses by:
3.32 	(2) the number of pupils eligible for transportation in the regular category, as defined 
3.33 	in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
4.1 	(b) "Transportation category" means a category of transportation service provided to 
4.2 	pupils as follows:
4.3 	(1) Regular transportation is:
4.4 	(i) transportation to and from school during the regular school year for resident 
4.5 	elementary pupils residing one mile or more from the public or nonpublic school they 
4.6 	attend, and resident secondary pupils residing two miles or more from the public 
4.7 	or nonpublic school they attend, excluding desegregation transportation and noon 
4.8 	kindergarten transportation; but with respect to transportation of pupils to and from 
4.9 	nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
4.10 	(ii) transportation of resident pupils to and from language immersion programs;
4.11 	(iii) transportation of a pupil who is a custodial parent and that pupil's child between 
4.12 	the pupil's home and the child care provider and between the provider and the school, if 
4.13 	the home and provider are within the attendance area of the school;
4.14 	(iv) transportation to and from or board and lodging in another district, of resident 
4.15 	pupils of a district without a secondary school; and
4.16 	(v) transportation to and from school during the regular school year required under 
4.17 	subdivision 3 for nonresident elementary pupils when the distance from the attendance 
4.18 	area border to the public school is one mile or more, and for nonresident secondary pupils 
4.19 	when the distance from the attendance area border to the public school is two miles or 
4.20 	more, excluding desegregation transportation and noon kindergarten transportation.
4.21 	For the purposes of this paragraph, a district may designate a licensed day care 
4.22 	facility, school day care facility, respite care facility, the residence of a relative, or the 
4.23 	residence of a person chosen by the pupil's parent or guardian as the home of a pupil for 
4.24 	part or all of the day, if requested by the pupil's parent or guardian, and if that facility or 
4.25 	residence is within the attendance area of the school the pupil attends.
4.26 	(2) Excess transportation is:
4.27 	(i) transportation to and from school during the regular school year for resident 
4.28 	secondary pupils residing at least one mile but less than two miles from the public or 
4.29 	nonpublic school they attend, and transportation to and from school for resident pupils 
4.30 	residing less than one mile from school who are transported because of extraordinary 
4.31 	traffic, drug, or crime hazards; and
4.32 	(ii) transportation to and from school during the regular school year required under 
4.33 	subdivision 3 for nonresident secondary pupils when the distance from the attendance area 
4.34 	border to the school is at least one mile but less than two miles from the public school 
4.35 	they attend, and for nonresident pupils when the distance from the attendance area border 
5.1 	to the school is less than one mile from the school and who are transported because of 
5.2 	extraordinary traffic, drug, or crime hazards.
5.3 	(3) Desegregation transportation is transportation within and outside of the district 
5.4 	during the regular school year of pupils to and from schools located outside their normal 
5.5 	attendance areas under a plan for desegregation mandated by the commissioner or under 
5.6 	court order.
5.7 	(4) "Transportation services for pupils with disabilities" is:
5.8 	(i) transportation of pupils with disabilities who cannot be transported on a regular 
5.9 	school bus between home or a respite care facility and school;
5.10 	(ii) necessary transportation of pupils with disabilities from home or from school to 
5.11 	other buildings, including centers such as developmental achievement centers, hospitals, 
5.12 	and treatment centers where special instruction or services required by sections 125A.03
5.13 	to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district 
5.14 	where services are provided;
5.15 	(iii) necessary transportation for resident pupils with disabilities required by sections 
5.16 	125A.12, and 125A.26 to 125A.48;
5.17 	(iv) board and lodging for pupils with disabilities in a district maintaining special 
5.18 	classes;
5.19 	(v) transportation from one educational facility to another within the district for 
5.20 	resident pupils enrolled on a shared-time basis in educational programs, and necessary 
5.21 	transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils 
5.22 	with disabilities who are provided special instruction and services on a shared-time basis 
5.23 	or if resident pupils are not transported, the costs of necessary travel between public 
5.24 	and private schools or neutral instructional sites by essential personnel employed by the 
5.25 	district's program for children with a disability;
5.26 	(vi) transportation for resident pupils with disabilities to and from board and lodging 
5.27 	facilities when the pupil is boarded and lodged for educational purposes; and
5.28 	(vii) services described in clauses (i) to (vi), when provided for pupils with 
5.29 	disabilities in conjunction with a summer instructional program that relates to the pupil's 
5.30 	individual education plan or in conjunction with a learning year program established 
5.31 	under section 124D.128.
5.32 	For purposes of computing special education base revenue under section 125A.76, 
5.33 	subdivision 2, the cost of providing transportation for children with disabilities includes 
5.34 	(A) the additional cost of transporting a homeless student from a temporary nonshelter 
5.35 	home in another district to the school of origin, or a formerly homeless student from a 
5.36 	permanent home in another district to the school of origin but only through the end of the 
6.1 	academic year; and (B) depreciation on district-owned school buses purchased after July 1, 
6.2 	2005, and used primarily for transportation of pupils with disabilities, calculated according 
6.3 	to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled 
6.4 	transportation category must be excluded in calculating the actual expenditure per pupil 
6.5 	transported in the regular and excess transportation categories according to paragraph (a).
6.6 	(5) "Nonpublic nonregular transportation" is:
6.7 	(i) transportation from one educational facility to another within the district for 
6.8 	resident pupils enrolled on a shared-time basis in educational programs, excluding 
6.9 	transportation for nonpublic pupils with disabilities under clause (4);
6.10 	(ii) transportation within district boundaries between a nonpublic school and a 
6.11 	public school or a neutral site for nonpublic school pupils who are provided pupil support 
6.12 	services pursuant to section 123B.44; and
6.13 	(iii) late transportation home from school or between schools within a district for 
6.14 	nonpublic school pupils involved in after-school activities.
6.15 	(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for 
6.16 	educational programs and services, including diagnostic testing, guidance and counseling 
6.17 	services, and health services. A mobile unit located off nonpublic school premises is a 
6.18 	neutral site as defined in section 123B.41, subdivision 13.

6.19 	EFFECTIVE DATE. This section is effective July 1, 2006.

6.20 	Sec. 4. Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 5, is 
6.21 	amended to read:
6.22 		Subd. 5.District reports. (a) Each district must report data to the department as 
6.23 	required by the department to account for transportation expenditures.
6.24 	(b) Salaries and fringe benefits of district employees whose primary duties are 
6.25 	other than transportation, including central office administrators and staff, building 
6.26 	administrators and staff, teachers, social workers, school nurses, and instructional aides, 
6.27 	must not be included in a district's transportation expenditures, except that a district may 
6.28 	include salaries and benefits according to paragraph (c) for (1) an employee designated 
6.29 	as the district transportation director, (2) an employee providing direct support to the 
6.30 	transportation director, or (3) an employee providing direct transportation services such as 
6.31 	a bus driver or bus aide.
6.32 	(c) Salaries and fringe benefits of other the district employees listed in paragraph 
6.33 	(b), clauses (1), (2), and (3) who work part time in transportation and part time in other 
6.34 	areas must not be included in a district's transportation expenditures unless the district 
7.1 	maintains documentation of the employee's time spent on pupil transportation matters in 
7.2 	the form and manner prescribed by the department.
7.3 	(d) Pupil transportation expenditures, excluding expenditures for capital outlay, 
7.4 	leased buses, student board and lodging, crossing guards, and aides on buses, must 
7.5 	be allocated among transportation categories based on cost-per-mile, cost-per-student, 
7.6 	cost-per-hour, or cost-per-route, regardless of whether the transportation services are 
7.7 	provided on district-owned or contractor-owned school buses.  Districts using contracted 
7.8 	services will be exempt from the standard cost allocation method for authorized categories 
7.9 	if the district's cost-per-mile, cost-per-hour, or cost-per-route for authorized categories 
7.10 	does not vary more than 15 percent among authorized categories, excluding salaries and 
7.11 	fringe benefits of bus aides. Both district-owned and contractor-owned operations shall 
7.12 	report a cost-per-mile, cost-per-hour, or cost-per-route for nonauthorized categories that is 
7.13 	within 15 percent of what is used for authorized categories, excluding salaries and fringe 
7.14 	benefits of bus aides. If the costs reported by either district-owned or contractor-owned 
7.15 	operations vary more than the parameters outlined above, the department can require 
7.16 	the district to reallocate its transportation costs among categories. Expenditures for 
7.17 	school bus driver salaries and fringe benefits may either be directly charged to the 
7.18 	appropriate transportation category or may be allocated among transportation categories 
7.19 	based on cost-per-mile, cost-per-student, cost-per-hour, or cost-per-route. Expenditures 
7.20 	by private contractors or individuals who provide transportation exclusively in one 
7.21 	transportation category must be charged directly to the appropriate transportation category. 
7.22 	Transportation services provided by contractor-owned school bus companies incorporated 
7.23 	under different names but owned by the same individual or group of individuals must be 
7.24 	treated as the same company for cost allocation purposes.

7.25 	EFFECTIVE DATE. This section is effective for fiscal year 2006. 

7.26 	Sec. 5. Minnesota Statutes 2004, section 169.01, subdivision 6, is amended to read:
7.27 		Subd. 6.School bus. "School bus" means a motor vehicle used to transport pupils 
7.28 	to or from a school defined in section  120A.22, or to or from school-related activities, by 
7.29 	the school or a school district, or by someone under an agreement with the school or a 
7.30 	school district. A school bus does not include a motor vehicle transporting children to or 
7.31 	from school for which parents or guardians receive direct compensation from a school 
7.32 	district, a motor coach operating under charter carrier authority, a transit bus providing 
7.33 	services as defined in section  174.22, subdivision 7, a multifunction school activity bus 
7.34 	as defined by federal motor vehicle safety standards, or a vehicle otherwise qualifying 
7.35 	as a type III vehicle under paragraph (5), when the vehicle is properly registered and 
8.1 	insured and being driven by an employee or agent of a school district for nonscheduled 
8.2 	or nonregular transportation. A school bus may be type A, type B, type C, or type D, or 
8.3 	type III as follows: 
8.4 	(1) A "type A school bus" is a van conversion or bus constructed utilizing a cutaway 
8.5 	front section vehicle with a left-side driver's door. The entrance door is behind the front 
8.6 	wheels. This definition includes two classifications: type A-I, with a gross vehicle weight 
8.7 	rating (GVWR) less than or equal to 10,000 14,500 pounds or less; and type A-II, with a 
8.8 	GVWR greater than 10,000 14,500 pounds and less than or equal to 21,500 pounds.
8.9 	(2) A "type B school bus" is constructed utilizing a stripped chassis. The entrance 
8.10 	door is behind the front wheels. This definition includes two classifications: type B-I, 
8.11 	with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater 
8.12 	than 10,000 pounds.
8.13 	(3) A "type C school bus" is constructed utilizing a chassis with a hood and front 
8.14 	fender assembly. The entrance door is behind the front wheels. A "type C school bus" also 
8.15 	includes a cutaway truck chassis or truck chassis with cab with or without a left side door 
8.16 	and with a GVWR greater than 21,500 pounds. 
8.17 	(4) A "type D school bus" is constructed utilizing a stripped chassis. The entrance 
8.18 	door is ahead of the front wheels.
8.19 	(5) Type III school buses and type III Head Start buses are restricted to passenger 
8.20 	cars, station wagons, vans, and buses having a maximum manufacturer's rated seating 
8.21 	capacity of ten or fewer people, including the driver, and a gross vehicle weight rating of 
8.22 	10,000 pounds or less. In this subdivision, "gross vehicle weight rating" means the value 
8.23 	specified by the manufacturer as the loaded weight of a single vehicle. A "type III school 
8.24 	bus" and "type III Head Start bus" must not be outwardly equipped and identified as a type 
8.25 	A, B, C, or D school bus or type A, B, C, or D Head Start bus. A van or bus converted to a 
8.26 	seating capacity of ten or fewer and placed in service on or after August 1, 1999, must 
8.27 	have been originally manufactured to comply with the passenger safety standards.

8.28 	EFFECTIVE DATE. This section is effective January 1, 2007. 

8.29 	Sec. 6. Minnesota Statutes 2004, section 169.447, subdivision 2, is amended to read:
8.30 		Subd. 2.Driver seat belt. New School buses and Head Start buses manufactured 
8.31 	after December 31, 1994, must be equipped with driver seat belts and seat belt assemblies 
8.32 	of the type described in section  169.685, subdivision 3. School bus drivers and Head 
8.33 	Start bus drivers must use these seat belts. 

8.34 	EFFECTIVE DATE. This section is effective July 1, 2006.

9.1 	Sec. 7. Minnesota Statutes 2004, section 169.4501, subdivision 1, is amended to read:
9.2 		Subdivision 1.National standards adopted. Except as provided in sections  
9.3 	169.4502 and  169.4503, the construction, design, equipment, and color of types A, 
9.4 	B, C, and D school buses used for the transportation of school children shall meet the 
9.5 	requirements of the "bus chassis standards" and "bus body standards" in the 2000 2005
9.6 	edition of the "National School Transportation Specifications and Procedures" adopted 
9.7 	by the National Conference Congress on School Transportation. Except as provided 
9.8 	in section  169.4504, the construction, design, and equipment of types A, B, C, and D 
9.9 	school buses used for the transportation of students with disabilities also shall meet the 
9.10 	requirements of the "specially equipped school bus standards" in the 2000 2005 National 
9.11 	School Transportation Specifications and Procedures. The "bus chassis standards," "bus 
9.12 	body standards," and "specially equipped school bus standards" sections of the 2000
9.13 	2005 edition of the "National School Transportation Specifications and Procedures" are 
9.14 	incorporated by reference in this chapter. 

9.15 	EFFECTIVE DATE. This section is effective January 1, 2007.

9.16 	Sec. 8. Minnesota Statutes 2004, section 169.4501, subdivision 2, is amended to read:
9.17 		Subd. 2.Applicability. (a) The standards adopted in this section and sections  
9.18 	169.4502 and  169.4503, govern the construction, design, equipment, and color of school 
9.19 	buses used for the transportation of school children, when owned or leased and operated 
9.20 	by a school or privately owned or leased and operated under a contract with a school. 
9.21 	Each school, its officers and employees, and each person employed under the contract is 
9.22 	subject to these standards. 
9.23 	(b) The standards apply to school buses manufactured after October 31, 2004
9.24 	December 31, 2006. Buses complying with the standards when manufactured need not 
9.25 	comply with standards established later except as specifically provided for by law.
9.26 	(c) A school bus manufactured on or before October 31, 2004 December 31, 
9.27 	2006, must conform to the Minnesota standards in effect on the date the vehicle was 
9.28 	manufactured except as specifically provided for in law.
9.29 	(d) A new bus body may be remounted on a used chassis provided that the remounted 
9.30 	vehicle meets state and federal standards for new buses which are current at the time of the 
9.31 	remounting. Permission must be obtained from the commissioner of public safety before 
9.32 	the remounting is done. A used bus body may not be remounted on a new or used chassis.

9.33 	EFFECTIVE DATE. This section is effective January 1, 2007.

10.1 	Sec. 9. Minnesota Statutes 2004, section 169.4502, subdivision 5, is amended to read:
10.2 		Subd. 5.Electrical system; battery. (a) The storage battery, as established by the 
10.3 	manufacturer's rating, must be of sufficient capacity to care for starting, lighting, signal 
10.4 	devices, heating, and other electrical equipment. In a bus with a gas-powered chassis, the 
10.5 	battery or batteries must provide a minimum of 800 cold cranking amperes. In a bus 
10.6 	with a diesel-powered chassis, the battery or batteries must provide a minimum of 1050 
10.7 	cold cranking amperes.
10.8 	(b) In a type B bus with a gross vehicle weight rating of 15,000 pounds or more, and 
10.9 	type C and D buses, the battery shall be temporarily mounted on the chassis frame. The 
10.10 	final location of the battery and the appropriate cable lengths in these buses must comply 
10.11 	with the SBMI design objectives booklet.
10.12 	(c) All batteries shall be mounted according to chassis manufacturers' 
10.13 	recommendations.
10.14 	(d) In a type C bus, other than are powered by diesel fuel, a battery providing at least 
10.15 	550 cold cranking amperes may be installed in the engine compartment only if used in 
10.16 	combination with a generator or alternator of at least 120 130 amperes.
10.17 	(e) A bus with a gross vehicle weight rating of 15,000 pounds or less may be 
10.18 	equipped with a battery to provide a minimum of 550 cold cranking amperes only if used 
10.19 	in combination with an alternator of at least 80 130 amperes. This paragraph does not 
10.20 	apply to those buses with wheelchair lifts or diesel engines.

10.21 	EFFECTIVE DATE. This section is effective January 1, 2007.

10.22 	Sec. 10. Minnesota Statutes 2004, section 169.4503, subdivision 20, is amended to 
10.23 	read:
10.24 		Subd. 20.Seat and crash barriers. (a) All restraining barriers and passenger seats 
10.25 	shall be covered with a material that has fire retardant or fire block characteristics.
10.26 	(b) All seats must have a minimum cushion depth of 15 inches and a seat back 
10.27 	height of at least 20 inches above the seating reference point. 

10.28 	EFFECTIVE DATE. This section is effective January 1, 2007. 

10.29 	Sec. 11. Minnesota Statutes 2005 Supplement, section 171.02, subdivision 2a, is 
10.30 	amended to read:
10.31 		Subd. 2a.Exception for certain school bus drivers. Notwithstanding subdivision 
10.32 	2, paragraph (c), the holder of a class D driver's license, without a school bus endorsement, 
11.1 	may operate a type A school bus described in subdivision 2, paragraph (b), under the 
11.2 	following conditions:
11.3 	(a) The operator is an employee of the entity that owns, leases, or contracts for the 
11.4 	school bus and is not solely hired to provide transportation services under this subdivision.
11.5 	(b) The operator drives the school bus only from points of origin to points of 
11.6 	destination, not including home-to-school trips to pick up or drop off students.
11.7 	(c) The operator is prohibited from using the eight-light system. Violation of this 
11.8 	paragraph is a misdemeanor.
11.9 	(d) The operator's employer has adopted and implemented a policy that provides for 
11.10 	annual training and certification of the operator in:
11.11 	(1) safe operation of the type of school bus the operator will be driving;
11.12 	(2) understanding student behavior, including issues relating to students with 
11.13 	disabilities;
11.14 	(3) encouraging orderly conduct of students on the bus and handling incidents of 
11.15 	misconduct appropriately;
11.16 	(4) knowing and understanding relevant laws, rules of the road, and local school 
11.17 	bus safety policies;
11.18 	(5) handling emergency situations; and
11.19 	(6) safe loading and unloading of students.
11.20 	(e) A background check or background investigation of the operator has been 
11.21 	conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
11.22 	for teachers; section 144.057 or chapter 245C for day care employees; or section 171.321, 
11.23 	subdivision 3, for all other persons operating a type A school bus under this subdivision.
11.24 	(f) Operators shall submit to a physical examination as required by section 171.321, 
11.25 	subdivision 2.
11.26 	(g) The operator's driver's license is verified annually by the entity that owns, leases, 
11.27 	or contracts for the school bus.
11.28 	(h) A person who sustains a conviction, as defined under section 609.02, of violating 
11.29 	section 169A.25, 169A.26, 169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute 
11.30 	or ordinance of another state is precluded from operating a school bus for five years 
11.31 	from the date of conviction.
11.32 	(i) A person who has ever been convicted of a disqualifying offense as defined in 
11.33 	section 171.3215, subdivision 1, paragraph (c), may not operate a school bus under this 
11.34 	subdivision.
12.1 	(j) A person who sustains a conviction, as defined under section 609.02, of a fourth 
12.2 	moving offense in violation of chapter 169 is precluded from operating a school bus for 
12.3 	one year from the date of the last conviction.
12.4 	(k) Students riding the school bus must have training required under section 
12.5 	123B.90, subdivision 2.
12.6 	(l)(k) An operator must be trained in the proper use of child safety restraints as set 
12.7 	forth in the National Highway Traffic Safety Administration's "Guideline for the Safe 
12.8 	Transportation of Pre-school Age Children in School Buses."
12.9 	(m) (l) Annual certification of the requirements listed in this subdivision must be 
12.10 	maintained under separate file at the business location for each operator licensed under 
12.11 	this subdivision and subdivision 2, paragraph (b), clause (5). The business manager, 
12.12 	school board, governing body of a nonpublic school, or any other entity that owns, 
12.13 	leases, or contracts for the school bus operating under this subdivision is responsible 
12.14 	for maintaining these files for inspection.
12.15 	(n)(m) The school bus must bear a current certificate of inspection issued under 
12.16 	section 169.451.
12.17 	(o)(n) The word "School" on the front and rear of the bus must be covered by a sign 
12.18 	that reads "Activities" when the bus is being operated under authority of this subdivision.

12.19 	EFFECTIVE DATE. This section is effective July 1, 2006.

12.20 	Sec. 12. Minnesota Statutes 2004, section 171.321, subdivision 4, is amended to read:
12.21 		Subd. 4.Training. (a) No person shall drive a class A, B, C, or D school bus when 
12.22 	transporting school children to or from school or upon a school-related trip or activity 
12.23 	without having demonstrated sufficient skills and knowledge to transport students in 
12.24 	a safe and legal manner.
12.25 	(b) A bus driver must have training or experience that allows the driver to meet at 
12.26 	least the following competencies:
12.27 	(1) safely operate the type of school bus the driver will be driving;
12.28 	(2) understand student behavior, including issues relating to students with 
12.29 	disabilities;
12.30 	(3) encourage orderly conduct of students on the bus and handle incidents of 
12.31 	misconduct appropriately;
12.32 	(4) know and understand relevant laws, rules of the road, and local school bus 
12.33 	safety policies;
12.34 	(5) handle emergency situations; and
12.35 	(6) safely load and unload students.
13.1 	(c) The commissioner of public safety shall develop a comprehensive model 
13.2 	school bus driver training program and model assessments for school bus driver training 
13.3 	competencies, which are not subject to chapter 14. A school district, nonpublic school, or 
13.4 	private contractor  may use alternative assessments for bus driver training competencies 
13.5 	with the approval of the commissioner of public safety. A driver may receive at least eight 
13.6 	hours of school bus in-service training any year, as an alternative to being assessed for 
13.7 	bus driver competencies. The employer shall keep the assessment or a record of the 
13.8 	in-service training for the current period available for inspection by representatives of 
13.9 	the commissioner.

13.10 	EFFECTIVE DATE. This section is effective July 1, 2006. 

13.11 	Sec. 13. Minnesota Statutes 2004, section 171.321, subdivision 5, is amended to read:
13.12 		Subd. 5.Annual evaluation and license verification. (a) A school district, 
13.13 	nonpublic school, or private contractor shall provide in-service training annually by June 
13.14 	30 of each year to each school bus driver.
13.15 	(b) A school district, nonpublic school, or private contractor shall annually by June 
13.16 	30 of each year  verify the validity of the driver's license of each employee who regularly 
13.17 	transports students for the district in a type A school bus, a type B school bus, a type C 
13.18 	school bus, or type D school bus, or regularly transports students for the district in a type 
13.19 	III vehicle with the National Driver Register or with the Department of Public Safety.
13.20 	(c) Members of a nonprofit bus drivers' trade association under private contract 
13.21 	with an independent school district shall not be charged a fee greater than the fee, if any, 
13.22 	imposed upon an independent school district for accessing an employee's driver's license 
13.23 	records from the Department of Public Safety in compliance with this section.

13.24 	EFFECTIVE DATE. This section is effective July 1, 2006. 

13.25 	Sec. 14. Minnesota Statutes 2004, section 171.3215, subdivision 2, is amended to read:
13.26 		Subd. 2.Cancellation for disqualifying and other offenses. Within ten days 
13.27 	of receiving notice under section  631.40, subdivision 1a, or otherwise receiving notice 
13.28 	for a nonresident driver, that a school bus driver has been convicted of a disqualifying 
13.29 	offense, the commissioner shall permanently cancel the school bus driver's endorsement 
13.30 	on the offender's driver's license and in the case of a nonresident, the driver's privilege to 
13.31 	operate a school bus in Minnesota. A school bus driver whose endorsement or privilege 
13.32 	to operate a school bus in Minnesota has been permanently canceled may not apply for 
13.33 	reinstatement. Within ten days of receiving notice under section  631.40, subdivision 1a, 
14.1 	or otherwise receiving notice for a nonresident driver, that a school bus driver has been 
14.2 	convicted of a violation of section  169A.20, or a similar statute or ordinance from another 
14.3 	state, and within ten days of revoking a school bus driver's license under section  169A.52, 
14.4 	the commissioner shall cancel the school bus driver's endorsement on the offender's 
14.5 	driver's license or the nonresident's privilege to operate a school bus in Minnesota for 
14.6 	five years. After five years, a school bus driver may apply to the commissioner for 
14.7 	reinstatement. Even after five years, cancellation of a school bus driver's endorsement or a 
14.8 	nonresident's privilege to operate a school bus in Minnesota for a violation under section  
14.9 	169A.20, sections  169A.50 to  169A.53, or a similar statute or ordinance from another 
14.10 	state, shall remain in effect until the driver provides proof of successful completion of an 
14.11 	alcohol or controlled substance treatment program. For a first offense, proof of completion 
14.12 	is required only if treatment was ordered as part of a chemical use assessment. Within 
14.13 	ten days of receiving notice under section  631.40, subdivision 1a, or otherwise receiving 
14.14 	notice for a nonresident driver, that a school bus driver has been convicted of a fourth 
14.15 	moving violation in the last three years, the commissioner shall cancel the school bus 
14.16 	driver's endorsement on the offender's driver's license or the nonresident's privilege to 
14.17 	operate a school bus in Minnesota until one year has elapsed since the last conviction. A 
14.18 	school bus driver who has no new convictions after one year may apply for reinstatement.
14.19 	Upon canceling the offender's school bus driver's endorsement, the commissioner shall 
14.20 	immediately notify the licensed offender of the cancellation in writing, by depositing in 
14.21 	the United States post office a notice addressed to the licensed offender at the licensed 
14.22 	offender's last known address, with postage prepaid thereon. 

14.23 	EFFECTIVE DATE. This section is effective July 1, 2006. 

14.24 	Sec. 15. Minnesota Statutes 2004, section 631.40, subdivision 1a, is amended to read:
14.25 		Subd. 1a.Certified copy of disqualifying offense convictions sent to public 
14.26 	safety and school districts. When a person is convicted of committing a disqualifying 
14.27 	offense, as defined in section  171.3215, subdivision 1, a gross misdemeanor, a fourth 
14.28 	moving violation within the previous three years, or a violation of section  169A.20, or 
14.29 	a similar statute or ordinance from another state, the court shall determine whether the 
14.30 	offender is a school bus driver as defined in section  171.3215, subdivision 1, whether the 
14.31 	offender possesses a school bus driver's endorsement on the offender's driver's license 
14.32 	and in what school districts the offender drives a school bus. If the offender is a school bus 
14.33 	driver or possesses a school bus driver's endorsement, the court administrator shall send 
14.34 	a certified copy of the conviction to the Department of Public Safety and to the school 
14.35 	districts in which the offender drives a school bus within ten days after the conviction. 

15.1 	EFFECTIVE DATE. This section is effective July 1, 2006. 

15.2 	Sec. 16.  REPEALER.
 15.3 	Minnesota Statutes 2004, sections 169.4502, subdivision 15; and 169.4503, 
15.4 	subdivisions 17, 18, and 26, are repealed.

15.5 	EFFECTIVE DATE. This section is effective January 1, 2007.