as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; modifying school bus safety 1.3 training, school district bus safety responsibilities, 1.4 and type III vehicle standards; amending Minnesota 1.5 Statutes 2002, sections 123B.90, subdivisions 2, 3; 1.6 123B.91, subdivision 1; 169.28, subdivision 1; 1.7 169.4503, subdivision 4; 169.454, subdivision 6; 1.8 171.321, subdivision 5; repealing Minnesota Statutes 1.9 2002, sections 123B.90, subdivision 1; 169.441, 1.10 subdivision 4. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. Minnesota Statutes 2002, section 123B.90, 1.13 subdivision 2, is amended to read: 1.14 Subd. 2. [STUDENT TRAINING.] (a) Each district must 1.15 provide public school pupils enrolled in
gradeskindergarten 1.16 through grade 10 with age-appropriate school bus safety training .1.17 The training must be results-oriented and shall consist of both1.18 classroom instruction and practical training using a school1.19 bus. Upon completing the training, a student shall be able to1.20 demonstrate knowledge and understanding, as described in this 1.21 section of at leastthe following competencies andconcepts: 1.22 (1) transportation by school bus is a privilege and not a 1.23 right; 1.24 (2) district policies for student conduct and school bus 1.25 safety; 1.26 (3) appropriate conduct while on the school bus; 1.27 (4) the danger zones surrounding a school bus; 1.28 (5) procedures for safely boarding and leaving a school 2.1 bus; 2.2 (6) procedures for safe street or road crossing; and 2.3 (7) school bus evacuation and other emergency procedures;2.4 and2.5 (8) appropriate training on the use of lap belts or lap and2.6 shoulder belts, if the district uses buses equipped with lap2.7 belts or lap and shoulder belts. 2.8 (b) Each nonpublic school located within the district must 2.9 provide all nonpublic school pupils enrolled in grades2.10 kindergarten through grade 10 who are transported by school bus 2.11 at public expense and attend school within the district's 2.12 boundaries with training as required in paragraph (a). The2.13 school district shall make a bus available for the practical2.14 training if the district transports the nonpublic students.2.15 Each nonpublic school shall provide the instruction.2.16 (c) AllStudents enrolled in gradeskindergarten through 32.17 grade 6 who are transported by school bus and are enrolled 2.18 during the first or second week of school must demonstrate2.19 achievement ofreceive the school bus safety training 2.20 competencies by the end of the third week of school. All2.21 Students enrolled in grades 47 through 10 who are transported 2.22 by school bus and are enrolled during the first or second week 2.23 of school and have not received school bus safety training in 2.24 kindergarten through grade 6 must demonstrate achievement2.25 ofreceive the competencies by the end of the sixth week of 2.26 school. Students grades 9 and 10 must receive training in the 2.27 laws and proper procedures when operating a motor vehicle in the 2.28 vicinity of a school bus. Students enrolled in grades2.29 kindergarten through grade 10 who enroll in a school after the 2.30 second week of school and are transported by school bus and have 2.31 not received training in their previous school district shall 2.32 undergo school bus safety training and demonstrate achievement2.33 of the school bus safety competenciesor receive bus safety 2.34 instructional materials within four weeks of the first day of 2.35 attendance. The school transportation safety director in each 2.36 district must certify to the commissionersuperintendent of 3.1 schools annually that all students transported by school bus 3.2 within the district have satisfactorily demonstrated knowledge3.3 and understanding ofreceived the school bus safety competencies3.4 training according to this section or provide an explanation for3.5 a student's failure to demonstrate the competencies. The 3.6 principal or other chief administrator of each nonpublic school 3.7 must certify annually to the school transportation safety 3.8 director of the district in which the school is located that all3.9 ofthe school's students transported by school bus at public 3.10 expense have received training according to this section. A3.11 district may deny transportation to a student who fails to3.12 demonstrate the competencies, unless the student is unable to3.13 achieve the competencies due to a disability, or to a student3.14 who attends a nonpublic school that fails to provide training as3.15 required by this subdivision.3.16 (d) A district and a nonpublic school with students 3.17 transported by school bus at public expense must, to the extent3.18 possible,may provide kindergarten pupils with bus safety 3.19 training before the first day of school. 3.20 (e) A district and a nonpublic school with students 3.21 transported by school bus at public expense mustmay also 3.22 provide student safety education for bicycling and pedestrian 3.23 safety, for students enrolled in gradeskindergarten through 3.24 grade 5. 3.25 (f) A district and a nonpublic school with students 3.26 transported by school bus at public expense must make reasonable 3.27 accommodations for the school bus , bicycle, and pedestrian3.28 safety training of pupils known to speak English as a second 3.29 language and pupils with disabilities. 3.30 (g) The district must provide students enrolled in 3.31 kindergarten through grade 3 school bus safety training twice 3.32 during the school year. 3.33 Sec. 2. Minnesota Statutes 2002, section 123B.90, 3.34 subdivision 3, is amended to read: 3.35 Subd. 3. [MODEL TRAINING PROGRAM.] The commissioner shall 3.36 develop a comprehensive model school bus safety training program 4.1 for pupils who ride the bus that includes bus safety curriculum 4.2 for both classroom and practical instruction , methods for4.3 assessing attainment of school bus safety competencies,and 4.4 age-appropriate instructional materials. The model training4.5 program for students riding buses with lap belts or lap and4.6 shoulder belts must include information on the appropriate use4.7 of lap belts or lap and shoulder belts. The program must be4.8 adaptable for use by students with disabilities.4.9 Sec. 3. Minnesota Statutes 2002, section 123B.91, 4.10 subdivision 1, is amended to read: 4.11 Subdivision 1. [COMPREHENSIVE POLICY.] (a) Each district 4.12 shall develop and implement a comprehensive, written policy 4.13 governing pupil transportation safety, including transportation 4.14 of nonpublic school students, when applicable. The policy, at 4.15 minimum, must contain: 4.16 (1) provisions for appropriate student bus safety training 4.17 under section 123B.90; 4.18 (2) rules governing student conduct on school buses and in 4.19 school bus loading and unloading areas; 4.20 (3) a statement of parent or guardian responsibilities 4.21 relating to school bus safety; 4.22 (4) provisions for notifying students and parents or4.23 guardians of their responsibilities and the rules, including the4.24 district's seat belt policy, if applicable;4.25 (5)an intradistrict system for reporting school bus 4.26 accidents or misconduct and a system for dealing with local law 4.27 enforcement officials in cases of criminal conduct on a school 4.28 bus; 4.29 (6)(5) a discipline policy to address violations of school 4.30 bus safety rules, including procedures for revoking a student's 4.31 bus riding privileges in cases of serious or repeated 4.32 misconduct; 4.33 (7)(6) a system for integrating school bus misconduct 4.34 records with other discipline records; 4.35 (8) a statement of bus driver duties;4.36 (9)(7) where applicable, provisions governing bus monitor 5.1 qualifications, training, and duties; 5.2 (10)(8) rules governing the use and maintenance of type 5.3 III vehicles, drivers of type III vehicles, qualifications to 5.4 drive a type III vehicle, qualifications for a type III vehicle, 5.5 and the circumstances under which a student may be transported 5.6 in a type III vehicle; 5.7 (11)(9) operating rules and procedures; 5.8 (12) provisions for annual bus driver in-service training5.9 and evaluation;5.10 (13)(10) emergency procedures; 5.11 (14)(11) a system for maintaining and inspecting 5.12 equipment; and 5.13 (15)(12) any other requirements of the school district , if5.14 any, that exceed state law minimum requirements for school bus5.15 operations; and5.16 (16) requirements for basic first aid training, which must5.17 include the Heimlich maneuver and procedures for dealing with5.18 obstructed airways, shock, bleeding, and seizures. 5.19 (b) Districts are encouraged to use the model policy 5.20 developed by the Minnesota school boards association, the 5.21 department of public safety, and the department of children, 5.22 families, and learning, as well as the current edition of the 5.23 "National Standards for School Transportation," in developing 5.24 safety policies. Each district shall review its policy annually5.25 to ensure that it conforms to law.5.26 Sec. 4. Minnesota Statutes 2002, section 169.28, 5.27 subdivision 1, is amended to read: 5.28 Subdivision 1. [STOP REQUIRED.] (a) The driver of any 5.29 motor vehicle carrying passengers for hire, or of any school bus 5.30 whether carrying passengers or not, or of any Head Start bus 5.31 whether carrying passengers or not, or of any vehicle carrying 5.32 explosive substances or flammable liquids, or liquid gas under 5.33 pressure as a cargo or part of a cargo, before crossing at grade 5.34 any track or tracks of a railroad, shall stop the vehicle not 5.35 less than ten feet from the nearest rail of the railroad and 5.36 while so stopped shall listen and look in both directions along 6.1 the track for any approaching train, and for signals indicating 6.2 the approach of a train, except as hereinafter provided, and 6.3 shall not proceed until safe to do so. 6.4 (b) A school bus or Head Start bus shall not be flagged 6.5 across railroad grade crossings except at those railroad grade 6.6 crossings that the local school administrative officer may 6.7 designate. 6.8 (c) A type III school bus, as defined in section 169.01, is 6.9 exempt from the requirement of school buses to stop at railroad 6.10 grade crossings. 6.11 Sec. 5. Minnesota Statutes 2002, section 169.4503, 6.12 subdivision 4, is amended to read: 6.13 Subd. 4. [CERTIFICATION.] A body manufacturer, school bus 6.14 dealer, or certified Minnesota Commercial Vehicle Inspector who 6.15 is also an employee of an organization purchasing a school bus 6.16 shall certify to the department of public safety that the 6.17 product meets Minnesota standards. 6.18 Sec. 6. Minnesota Statutes 2002, section 169.454, 6.19 subdivision 6, is amended to read: 6.20 Subd. 6. [IDENTIFICATION.] (a)The vehicle must not have 6.21 the words "school bus" in any location on the exterior of the 6.22 vehicle, or in any interior location visible to a motorist. 6.23 (b) The vehicle must display to the rear of the vehicle6.24 this sign: "VEHICLE STOPS AT RR CROSSINGS."6.25 (c) The lettering (except for "AT," which may be one inch6.26 smaller) must be a minimum two-inch "Series D" as specified in6.27 standard alphabets for highway signs as specified by the Federal6.28 Highway Administration. The printing must be in a color giving6.29 a marked contrast with that of the part of the vehicle on which6.30 it is placed.6.31 (d) The sign must have provisions for being covered, or be6.32 of a removable or fold-down type.6.33 Sec. 7. Minnesota Statutes 2002, section 171.321, 6.34 subdivision 5, is amended to read: 6.35 Subd. 5. [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a) 6.36 A school district's pupil transportation safety director, the7.1 chief administrator of a nonpublic school, or a private7.2 contractor shall certify annually to the school board or7.3 governing board of a nonpublic school that, at minimum, each7.4 school bus driver meets the school bus driver training7.5 competencies under subdivision 4.A school district, nonpublic 7.6 school, or private contractor alsoshall provide in-service 7.7 training annually to each school bus driver. 7.8 (b) A school district, nonpublic school, or private 7.9 contractor shall annually verify the validity of the driver's 7.10 license of each person who transports students for the district 7.11 with the National Drivers Register or with the department of 7.12 public safety. 7.13 Sec. 8. [REPEALER.] 7.14 Minnesota Statutes 2002, sections 123B.90, subdivision 1; 7.15 and 169.441, subdivision 4, are repealed.