Minnesota Legislature
SF 3078
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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6.1
A bill for an act
relating to student transportation; establishing procedures and standards for
contracting for private student transportation services; amending Minnesota
Statutes 2006, sections 123B.88, by adding a subdivision; 123B.91, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 123B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 123B.88, is amended by adding a
subdivision to read:
new text begin Subd. 23. new text end
new text begin District planning. new text end
new text begin
(a) Each year a district must reevaluate routes, bus
stops, and school start times for potential cost savings and improved effectiveness and
present its findings to the school board.
new text end
new text begin
(b) Every three years, or as needed, a district must review student distance from
school and how it is determined and review the benefits and costs of contracting for some
or all of its transportation services and present its findings to the school board.
new text end
Sec. 2.
Minnesota Statutes 2006, section 123B.91, subdivision 1, is amended to read:
Subdivision 1.
Comprehensive policy.
Each district shall develop and implement
a comprehensive, written policy governing pupil transportation safety, including
transportation of nonpublic school students, when applicable. The policy, at minimum,
must contain:
(1) new text begin passenger safety, including:
new text end
new text begin (i) new text end provisions for appropriate student bus safety training under section 123B.90;
deleted text begin (2)deleted text end new text begin (ii) new text end rules governing student conduct on school buses and in school bus loading
and unloading areas;
deleted text begin (3)deleted text end new text begin (iii) new text end a statement of parent or guardian responsibilities relating to school bus
safety;
deleted text begin (4)deleted text end new text begin (iv) new text end an intradistrict system for reporting school bus accidents or misconduct and
a system for dealing with local law enforcement officials in cases of criminal conduct on
a school bus;
deleted text begin (5)deleted text end new text begin (v) new text end a discipline policy to address violations of school bus safety rules, including
procedures for revoking a student's bus riding privileges in cases of serious or repeated
misconduct;
deleted text begin (6)deleted text end new text begin (vi) new text end a system for integrating school bus misconduct records with other discipline
records;
deleted text begin (7)deleted text end new text begin (vii)new text end where applicable, provisions governing bus monitor qualifications, training,
and duties;
new text begin
(viii) a defined list of students eligible for transportation and a list of fees the district
may charge for transportation; and
new text end
new text begin
(ix) maximum student ride times;
new text end
new text begin new text end
deleted text begin
(8)
deleted text end
new text begin
(2) driver and vehicle safety, including:
new text end
new text begin (i) new text end rules governing the use and maintenance of type III vehicles, drivers of type III
vehicles, qualifications to drive a type III vehicle, qualifications for a type III vehicle, and
the circumstances under which a student may be transported in a type III vehicle;
new text begin
(ii) consequences for a driver not meeting the qualification requirements in unit (i);
new text end
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(iii) a system to annually verify that each driver is qualified to drive the vehicle to
which the driver is assigned by reviewing the driver's motor vehicle records and verifying
that the driver has a valid license and no disqualifying violations;
new text end
new text begin
(iv) a system to annually verify that driver's physical examinations are up to date;
new text end
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(v) a system to retain and document each driver's most recent motor vehicle record;
new text end
new text begin
(vi) a system to conduct preemployment, random, reasonable suspicion, and
postacccident controlled substance testing as required by federal law;
new text end
deleted text begin (9)deleted text end new text begin (vii) new text end operating rules and procedures;
deleted text begin (10)deleted text end new text begin (viii)new text end emergency procedures;
deleted text begin (11)deleted text end new text begin (ix) new text end a system for maintaining and inspecting equipmentdeleted text begin ; anddeleted text end new text begin , including a
vehicle purchasing and replacement policy;
new text end
new text begin
(x) using information obtained through driver's daily pretrip and posttrip inspections
to repair and maintain vehicles;
new text end
new text begin
(xi) ensuring that all vehicles used for student transportation are presented for
inspection during annual Department of Public Safety school bus inspections; and
new text end
new text begin
(xii) a system that annually reviews all inspection reports and ensures that all
violations are corrected; and
new text end
deleted text begin (12)deleted text end new text begin (3) new text end any other requirements of the school district.
Sec. 3.
new text begin
[123B.911] CONTRACTOR PROVIDED STUDENT TRANSPORTATION
SERVICES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the terms defined in
this subdivision have the meanings given them.
new text end
new text begin
(b) "District employee" means a public employee as defined in section 179A.03,
subdivision 14, and applies exclusively to student transportation employees in a
kindergarten through grade 12 school district.
new text end
new text begin
(c) "Employee of a private contractor" means an employee of a private contractor as
defined by this subdivision, an employee of a subcontractor or independent contractor that
provides student transportation services to a private contractor, or a former employee of a
private contractor or subcontractor of a former independent contractor.
new text end
new text begin
(d) "Private contractor" means an entity that enters into a privatization contract with
a kindergarten through grade 12 public school district.
new text end
new text begin
(e) "Privatization contract" means an enforceable agreement or combination or
series of agreements by which a private contractor agrees with a school district to provide
services in place of services previously provided by employees of the school district, or
services that could be provided by employees of the school district.
new text end
new text begin
(f) "Services" means all aspects of services provided by a private contractor to a
school district or by a subcontractor to a private contractor to implement a privatization
contract.
new text end
new text begin
(g) "Subcontractor" means a subcontractor of a private contractor for work under a
privatization contract or an amendment to a privatization contract.
new text end
new text begin Subd. 2. new text end
new text begin School district requirements. new text end
new text begin
(a) This section applies to school districts
that contract with private student transportation providers or put out a request for proposal
for privatization contracts in student transportation.
new text end
new text begin
(b) A school district must obtain the following from the private contractor:
new text end
new text begin
(1) a list of all drivers providing transportation for the district and a copy of each
driver's motor vehicle record;
new text end
new text begin
(2) an annual summary of the driver's substance abuse tests required by federal law.
The summary information must include the number of drivers in the testing pool, the
number of tests conducted each year, and the test results certified by the private contractor;
new text end
new text begin
(3) the length of continuous employment of the responder's current employees
identified by their job classification, which may include any relevant prior experience.
For the purposes of this section, "length of continuous employment" is the date of hire to
the present with summer and other regular school breaks not considered interruptions to
employment;
new text end
new text begin
(4) the number of hours of accompanied behind-the-wheel training for drivers,
minimum length of time holding a valid driver's license, minimum length of time holding
a valid school bus endorsement for drivers, and minimum completed hours of training and
a content summary of the training;
new text end
new text begin
(5) the responder's current annual rate of employee turnover as measured by the
number of new employees hired by the contractor in each classification during the most
recent school year, divided by the average number of employees employed at one time
in that classification during the same regular school year;
new text end
new text begin
(6) the driver and aide recruitment and retention plan of the contractor, which must
include, but is not limited to:
new text end
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(i) an explanation of the actions the contractor has taken or will take to recruit
qualified drivers for this contract;
new text end
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(ii) the process for screening applicants to be certain that they meet the requirements
of the specifications;
new text end
new text begin
(iii) an explanation of the training that drivers and aides receive prior to assignment
to routes;
new text end
new text begin
(iv) an explanation of the actions of the employer to retain qualified drivers to meet
requirements of the specifications in this subdivision, including an explanation of wage
rates, summary of available health insurance benefits, and employee premiums for such
plans and policies on compensated absences such as paid vacations, holidays, and sick
leave; and
new text end
new text begin
(v) annually or by request, whichever is more frequent, written reports to the district
summarizing:
new text end
new text begin
(A) the number of accidents and traffic violations, including those with and without
injuries; a short description of each accident, including, but not limited to, injuries
sustained; damage to bus or property, whether the accident was determined to be
preventable or not; and the length of continuous employment of the driver involved; and
new text end
new text begin
(B) the remedies undertaken by the contractor, including, but not limited to, new
policies and procedures, training for the driver in question, or termination;
new text end
new text begin
(7) any complaints issued by a federal, state, or local enforcement agency relating to
alleged violations of relevant laws or rules, including those relating to employee safety
and health and labor relations, along with any court decisions, administrative findings,
or penalties for violations of those laws and rules, listing the date, the court or agency,
and the law or rule found to be violated;
new text end
new text begin
(8) annual proof of insurance;
new text end
new text begin
(9) annual certification by the private contractor that it has provided annual driver
training as required by law;
new text end
new text begin
(10) an annual list of vehicles used for the district's student transportation, including
the make and model year of all vehicles used;
new text end
new text begin
(11) copies of all Department of Public Safety vehicle inspection records for all
vehicles used in the district; and
new text end
new text begin
(12) a summary of the contractor's inspection results across all districts it serves.
new text end
new text begin
(c) A school district must:
new text end
new text begin
(1) open its student transportation contract to new carriers every four years or as
needed;
new text end
new text begin
(2) use a competitive bid or quotation process to choose a provider;
new text end
new text begin
(3) annually compare its rates with neighboring districts;
new text end
new text begin
(4) have a written and signed contract with each of the private contractors it uses to
provide student transportation; and
new text end
new text begin
(5) annually measure contractor performance.
new text end
new text begin
(d) Notwithstanding section 123B.52, a school district may award a transportation
contract in the interest of student safety and cost-effectiveness.
new text end
new text begin Subd. 3. new text end
new text begin Private contractor disclosure. new text end
new text begin
A private student transportation contractor
in agreement or seeking agreement with a school district must disclose the information
necessary for school districts to comply with subdivision 2, paragraph (b).
new text end
Sec. 4.
new text begin
[123B.912] SCHOOL BUS DRIVERS.
new text end
new text begin Subdivision 1. new text end
new text begin Driver pay. new text end
new text begin
School bus drivers must be paid for the actual time
worked. If a route pay system or hourly estimation is used, drivers must be scheduled and
paid a minimum of an additional 15 minutes to allow for proper inspection of buses.
new text end
new text begin Subd. 2. new text end
new text begin Right to refuse. new text end
new text begin
School bus drivers who document needed bus repairs
shall have the right to refuse to operate the bus immediately for a safety-related repair and
after 48 hours for a non-safety-related repair. The driver shall be provided an alternate
bus, if available, and time to inspect it. The driver shall not be penalized in any way for
fees, fines, or consequences incurred by the employer for delays or failure to operate the
route. Nothing in this section may diminish the rights, pay, or benefits of drivers covered
by a collective bargaining agreement with an exclusive representative.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end