SF 3412

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to pupil transportation; updating school bus equipment standards;
clarifying school bus discipline policies for charter school and nonpublic
pupils being transported on school district buses; modifying certain school
bus license standards; clarifying certain pupil transportation cost data;
amending Minnesota Statutes 2004, sections 123B.90, subdivision 2; 123B.91,
by adding a subdivision; 169.01, subdivision 6; 169.447, subdivision 2;
169.4501, subdivisions 1, 2; 169.4502, subdivision 5; 169.4503, subdivision
20; 171.321, subdivisions 4, 5; 171.3215, subdivision 2; 631.40, subdivision
1a; Minnesota Statutes 2005 Supplement, sections 123B.92, subdivisions 1, 5;
171.02, subdivision 2a; repealing Minnesota Statutes 2004, sections 169.4502,
subdivision 15; 169.4503, subdivisions 17, 18, 26.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 123B.90, subdivision 2, is amended to read:

Subd. 2.

Student training.

(a) Each district must provide public school pupils
enrolled in kindergarten through grade 10 with age-appropriate school bus safety training,
as described in this section, of the following concepts:

(1) transportation by school bus is a privilege and not a right;

(2) district policies for student conduct and school bus safety;

(3) appropriate conduct while on the school bus;

(4) the danger zones surrounding a school bus;

(5) procedures for safely boarding and leaving a school bus;

(6) procedures for safe street or road crossing; and

(7) school bus evacuation.

(b) Each nonpublic school located within the district must provide all nonpublic
school pupils enrolled in kindergarten through grade 10 who are transported by school
bus at public expense and attend school within the district's boundaries with training as
required in paragraph (a).

(c) Students enrolled in kindergarten through grade 6 who are transported by school
bus and are enrolled during the first or second week of school must receive the school bus
safety training competencies by the end of the third week of school. Students enrolled in
grades 7 through 10 who are transported by school bus and are enrolled during the first or
second week of school and have not previously received school bus safety training must
receive the training or receive bus safety instructional materials by the end of the sixth
week of school. Students deleted text begin taking driver's training instructional classes and other students deleted text end
in deleted text begin grades 9 and deleted text end new text begin grade new text end 10 must receive training in the laws and proper procedures when
operating a motor vehicle in the vicinity of a school bus. Students enrolled in kindergarten
through grade 10 who enroll in a school after the second week of school and are
transported by school bus and have not received training in their previous school district
shall undergo school bus safety training or receive bus safety instructional materials
within four weeks of the first day of attendance. new text begin Upon request of the superintendent
of schools, new text end the school transportation safety director in each district must certify to the
superintendent deleted text begin of schools annually deleted text end that all students transported by school bus within
the district have received the school bus safety training according to this section. The
principal or other chief administrator of each nonpublic school must certify annually to
the school transportation safety director of the district in which the school is located that
the school's students transported by school bus at public expense have received training
according to this section.

(d) A district and a nonpublic school with students transported by school bus at
public expense may provide kindergarten pupils with bus safety training before the first
day of school.

(e) A district and a nonpublic school with students transported by school bus at
public expense may also provide student safety education for bicycling and pedestrian
safety, for students enrolled in kindergarten through grade 5.

(f) A district and a nonpublic school with students transported by school bus at
public expense must make reasonable accommodations for the school bus safety training
of pupils known to speak English as a second language and pupils with disabilities.

(g) The district and a nonpublic school with students transported by school bus at
public expense must provide students enrolled in kindergarten through grade 3 school bus
safety training twice during the school year.

(h) A district and a nonpublic school with students transported by school bus at public
expense must conduct a school bus evacuation drill at least once during the school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 123B.91, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Compliance by nonpublic and charter schools. new text end

new text begin All nonpublic and
charter schools whose students are transported by a public school district shall comply
with student bus conduct and student bus discipline policies of the transporting public
school district enacted according to section 123B.91, subdivision 1, clauses 2 and 5.
new text end

new text begin A public school district may withhold transportation service to a nonpublic or
charter school that fails or refuses to follow school district policies enacted under section
123B.91, subdivision 1, clauses 2 and 5, until the time the nonpublic or charter school is in
compliance with the school district transportation policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.

(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:

(1) the sum of:

(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus

(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus

(iii) an amount equal to one year's depreciation on the district's type three school
buses, as defined in section 169.01, subdivision 6, clause (5), which must be used a
majority of the time for pupil transportation purposes, computed on a straight line basis at
the rate of 20 percent per year of the cost of the type three school buses by:

(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).

(b) "Transportation category" means a category of transportation service provided to
pupils as follows:

(1) Regular transportation is:

(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation and noon
kindergarten transportation; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;

(ii) transportation of resident pupils to and from language immersion programs;

(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;

(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and

(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon kindergarten transportation.

For the purposes of this paragraph, a district may designate a licensed day care
facility, new text begin school day care facility, new text end respite care facility, the residence of a relative, or the
residence of a person chosen by the pupil's parent or guardian as the home of a pupil for
part or all of the day, if requested by the pupil's parent or guardian, and if that facility or
residence is within the attendance area of the school the pupil attends.

(2) Excess transportation is:

(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of extraordinary
traffic, drug, or crime hazards; and

(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
extraordinary traffic, drug, or crime hazards.

(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
court order.

(4) "Transportation services for pupils with disabilities" is:

(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;

(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03
to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;

(iii) necessary transportation for resident pupils with disabilities required by sections
125A.12, and 125A.26 to 125A.48;

(iv) board and lodging for pupils with disabilities in a district maintaining special
classes;

(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;

(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes; and

(vii) services described in clauses (i) to (vi), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the pupil's
individual education plan or in conjunction with a learning year program established
under section 124D.128.

For purposes of computing special education base revenue under section 125A.76,
subdivision 2, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the end of the
academic year; and (B) depreciation on district-owned school buses purchased after July 1,
2005, and used primarily for transportation of pupils with disabilities, calculated according
to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
transportation category must be excluded in calculating the actual expenditure per pupil
transported in the regular and excess transportation categories according to paragraph (a).

(5) "Nonpublic nonregular transportation" is:

(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);

(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section 123B.44; and

(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.

(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section 123B.41, subdivision 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 4.

Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 5, is
amended to read:

Subd. 5.

District reports.

(a) Each district must report data to the department as
required by the department to account for transportation expenditures.

(b) Salaries and fringe benefits of district employees whose primary duties are
other than transportation, including central office administrators and staff, building
administrators and staff, teachers, social workers, school nurses, and instructional aides,
must not be included in a district's transportation expenditures, except that a district may
include salaries and benefits according to paragraph (c) for (1) an employee designated
as the district transportation director, (2) an employee providing direct support to the
transportation director, or (3) an employee providing direct transportation services such as
a bus driver or bus aide.

(c) Salaries and fringe benefits of deleted text begin other deleted text end new text begin the new text end district employees new text begin listed in paragraph
(b), clauses (1), (2), and (3) new text end who work part time in transportation and part time in other
areas must not be included in a district's transportation expenditures unless the district
maintains documentation of the employee's time spent on pupil transportation matters in
the form and manner prescribed by the department.

(d) Pupil transportation expenditures, excluding expenditures for capital outlay,
leased buses, student board and lodging, crossing guards, and aides on buses, must
be allocated among transportation categories based on cost-per-mile, cost-per-student,
cost-per-hour, or cost-per-route, regardless of whether the transportation services are
provided on district-owned or contractor-owned school buses. new text begin Districts using contracted
services will be exempt from the standard cost allocation method for authorized categories
if the district's cost-per-mile, cost-per-hour, or cost-per-route for authorized categories
does not vary more than 15 percent among authorized categories, excluding salaries and
fringe benefits of bus aides. Both district-owned and contractor-owned operations shall
report a cost-per-mile, cost-per-hour, or cost-per-route for nonauthorized categories that is
within 15 percent of what is used for authorized categories, excluding salaries and fringe
benefits of bus aides. If the costs reported by either district-owned or contractor-owned
operations vary more than the parameters outlined above, the department can require
the district to reallocate its transportation costs among categories. new text end Expenditures for
school bus driver salaries and fringe benefits may either be directly charged to the
appropriate transportation category or may be allocated among transportation categories
based on cost-per-mile, cost-per-student, cost-per-hour, or cost-per-route. Expenditures
by private contractors or individuals who provide transportation exclusively in one
transportation category must be charged directly to the appropriate transportation category.
Transportation services provided by contractor-owned school bus companies incorporated
under different names but owned by the same individual or group of individuals must be
treated as the same company for cost allocation purposes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2006.
new text end

Sec. 5.

Minnesota Statutes 2004, section 169.01, subdivision 6, is amended to read:

Subd. 6.

School bus.

"School bus" means a motor vehicle used to transport pupils
to or from a school defined in section 120A.22, or to or from school-related activities, by
the school or a school district, or by someone under an agreement with the school or a
school district. A school bus does not include a motor vehicle transporting children to or
from school for which parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier authority, a transit bus providing
services as defined in section 174.22, subdivision 7, a multifunction school activity bus
as defined by federal motor vehicle safety standards, or a vehicle otherwise qualifying
as a type III vehicle under paragraph (5), when the vehicle is properly registered and
insured and being driven by an employee or agent of a school district for nonscheduled
or nonregular transportation. A school bus may be type A, type B, type C, or type D, or
type III as follows:

(1) A "type A school bus" is a deleted text begin van deleted text end conversion deleted text begin or deleted text end bus constructed utilizing a cutaway
front section vehicle with a left-side driver's door. deleted text begin The entrance door is behind the front
wheels. deleted text end This definition includes two classifications: type A-I, with a gross vehicle weight
rating (GVWR) deleted text begin less than or equal to 10,000 deleted text end new text begin 14,500 new text end pounds new text begin or less new text end ; and type A-II, with a
GVWR greater than deleted text begin 10,000 deleted text end new text begin 14,500 new text end pounds new text begin and less than or equal to 21,500 pounds new text end .

(2) A "type B school bus" is constructed utilizing a stripped chassis. The entrance
door is behind the front wheels. This definition includes two classifications: type B-I,
with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater
than 10,000 pounds.

(3) A "type C school bus" is constructed utilizing a chassis with a hood and front
fender assembly. The entrance door is behind the front wheels. new text begin A "type C school bus" also
includes a cutaway truck chassis or truck chassis with cab with or without a left side door
and with a GVWR greater than 21,500 pounds.
new text end

(4) A "type D school bus" is constructed utilizing a stripped chassis. The entrance
door is ahead of the front wheels.

(5) Type III school buses and type III Head Start buses are restricted to passenger
cars, station wagons, vans, and buses having a maximum manufacturer's rated seating
capacity of ten or fewer people, including the driver, and a gross vehicle weight rating of
10,000 pounds or less. In this subdivision, "gross vehicle weight rating" means the value
specified by the manufacturer as the loaded weight of a single vehicle. A "type III school
bus" and "type III Head Start bus" must not be outwardly equipped and identified as a type
A, B, C, or D school bus or type A, B, C, or D Head Start bus. A van or bus converted to a
seating capacity of ten or fewer and placed in service on or after August 1, 1999, must
have been originally manufactured to comply with the passenger safety standards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 6.

Minnesota Statutes 2004, section 169.447, subdivision 2, is amended to read:

Subd. 2.

Driver seat belt.

deleted text begin New deleted text end School buses and Head Start buses manufactured
after December 31, 1994, must be equipped with driver seat belts and seat belt assemblies
of the type described in section 169.685, subdivision 3. School bus drivers and Head
Start bus drivers must use these seat belts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 7.

Minnesota Statutes 2004, section 169.4501, subdivision 1, is amended to read:

Subdivision 1.

National standards adopted.

Except as provided in sections
169.4502 and 169.4503, the construction, design, equipment, and color of types A,
B, C, and D school buses used for the transportation of school children shall meet the
requirements of the "bus chassis standards" and "bus body standards" in the deleted text begin 2000 deleted text end new text begin 2005 new text end
edition of the "National School Transportation Specifications and Procedures" adopted
by the National deleted text begin Conference deleted text end new text begin Congress new text end on School Transportation. Except as provided
in section 169.4504, the construction, design, and equipment of types A, B, C, and D
school buses used for the transportation of students with disabilities also shall meet the
requirements of the "specially equipped school bus standards" in the deleted text begin 2000 deleted text end new text begin 2005 new text end National
School Transportation Specifications and Procedures. The "bus chassis standards," "bus
body standards," and "specially equipped school bus standards" sections of the deleted text begin 2000 deleted text end new text begin
2005 new text end edition of the "National School Transportation Specifications and Procedures" are
incorporated by reference in this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2004, section 169.4501, subdivision 2, is amended to read:

Subd. 2.

Applicability.

(a) The standards adopted in this section and sections
169.4502 and 169.4503, govern the construction, design, equipment, and color of school
buses used for the transportation of school children, when owned or leased and operated
by a school or privately owned or leased and operated under a contract with a school.
Each school, its officers and employees, and each person employed under the contract is
subject to these standards.

(b) The standards apply to school buses manufactured after deleted text begin October 31, 2004 deleted text end new text begin
December 31, 2006 new text end . Buses complying with the standards when manufactured need not
comply with standards established later except as specifically provided for by law.

(c) A school bus manufactured on or before deleted text begin October 31, 2004 deleted text end new text begin December 31,
2006 new text end , must conform to the Minnesota standards in effect on the date the vehicle was
manufactured except as specifically provided for in law.

(d) A new bus body may be remounted on a used chassis provided that the remounted
vehicle meets state and federal standards for new buses which are current at the time of the
remounting. Permission must be obtained from the commissioner of public safety before
the remounting is done. A used bus body may not be remounted on a new or used chassis.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 9.

Minnesota Statutes 2004, section 169.4502, subdivision 5, is amended to read:

Subd. 5.

Electrical system; battery.

(a) The storage battery, as established by the
manufacturer's rating, must be of sufficient capacity to care for starting, lighting, signal
devices, heating, and other electrical equipment. In a bus with a gas-powered chassis, the
battery or batteries must provide a minimum of 800 cold cranking amperes. In a bus
with a diesel-powered chassis, the battery or batteries must provide a minimum of 1050
cold cranking amperes.

(b) In a type B bus with a gross vehicle weight rating of 15,000 pounds or more, and
type C and D buses, the battery shall be temporarily mounted on the chassis frame. The
final location of the battery and the appropriate cable lengths in these buses must comply
with the SBMI design objectives booklet.

(c) All batteries shall be mounted according to chassis manufacturers'
recommendations.

(d) In a type C bus, other than are powered by diesel fuel, a battery providing at least
550 cold cranking amperes may be installed in the engine compartment only if used in
combination with a generator or alternator of at least deleted text begin 120 deleted text end new text begin 130 new text end amperes.

(e) A bus with a gross vehicle weight rating of 15,000 pounds or less may be
equipped with a battery to provide a minimum of 550 cold cranking amperes only if used
in combination with an alternator of at least deleted text begin 80 deleted text end new text begin 130 new text end amperes. This paragraph does not
apply to those buses with wheelchair lifts or diesel engines.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 10.

Minnesota Statutes 2004, section 169.4503, subdivision 20, is amended to
read:

Subd. 20.

Seat and crash barriers.

new text begin (a) new text end All restraining barriers and passenger seats
shall be covered with a material that has fire retardant or fire block characteristics.

new text begin (b) All seats must have a minimum mounting height of 15 inches and a seat back
height of at least 20 inches above the seating reference point.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 11.

Minnesota Statutes 2005 Supplement, section 171.02, subdivision 2a, is
amended to read:

Subd. 2a.

Exception for certain school bus drivers.

Notwithstanding subdivision
2, paragraph (c), the holder of a class D driver's license, without a school bus endorsement,
may operate a type A school bus described in subdivision 2, paragraph (b), under the
following conditions:

(a) The operator is an employee of the entity that owns, leases, or contracts for the
school bus and is not solely hired to provide transportation services under this subdivision.

(b) The operator drives the school bus only from points of origin to points of
destination, not including home-to-school trips to pick up or drop off students.

(c) The operator is prohibited from using the eight-light system. Violation of this
paragraph is a misdemeanor.

(d) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:

(1) safe operation of the type of school bus the operator will be driving;

(2) understanding student behavior, including issues relating to students with
disabilities;

(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;

(4) knowing and understanding relevant laws, rules of the road, and local school
bus safety policies;

(5) handling emergency situations; and

(6) safe loading and unloading of students.

(e) A background check or background investigation of the operator has been
conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
for teachers; section 144.057 or chapter 245C for day care employees; or section 171.321,
subdivision 3, for all other persons operating a type A school bus under this subdivision.

(f) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2.

(g) The operator's driver's license is verified annually by the entity that owns, leases,
or contracts for the school bus.

(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute
or ordinance of another state is precluded from operating a school bus for five years
from the date of conviction.

(i) A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a school bus under this
subdivision.

(j) deleted text begin A person who sustains a conviction, as defined under section 609.02, of a fourth
moving offense in violation of chapter 169 is precluded from operating a school bus for
one year from the date of the last conviction.
deleted text end

deleted text begin (k) deleted text end Students riding the school bus must have training required under section
123B.90, subdivision 2.

deleted text begin (l) deleted text end new text begin (k) new text end An operator must be trained in the proper use of child safety restraints as set
forth in the National Highway Traffic Safety Administration's "Guideline for the Safe
Transportation of Pre-school Age Children in School Buses."

deleted text begin (m) deleted text end new text begin (l) new text end Annual certification of the requirements listed in this subdivision must be
maintained under separate file at the business location for each operator licensed under
this subdivision and subdivision 2, paragraph (b), clause (5). The business manager,
school board, governing body of a nonpublic school, or any other entity that owns,
leases, or contracts for the school bus operating under this subdivision is responsible
for maintaining these files for inspection.

deleted text begin (n) deleted text end new text begin (m) new text end The school bus must bear a current certificate of inspection issued under
section 169.451.

deleted text begin (o) deleted text end new text begin (n) new text end The word "School" on the front and rear of the bus must be covered by a sign
that reads "Activities" when the bus is being operated under authority of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 12.

Minnesota Statutes 2004, section 171.321, subdivision 4, is amended to read:

Subd. 4.

Training.

(a) No person shall drive a class A, B, C, or D school bus when
transporting school children to or from school or upon a school-related trip or activity
without having demonstrated sufficient skills and knowledge to transport students in
a safe and legal manner.

(b) A bus driver must have training or experience that allows the driver to meet at
least the following competencies:

(1) safely operate the type of school bus the driver will be driving;

(2) understand student behavior, including issues relating to students with
disabilities;

(3) encourage orderly conduct of students on the bus and handle incidents of
misconduct appropriately;

(4) know and understand relevant laws, rules of the road, and local school bus
safety policies;

(5) handle emergency situations; and

(6) safely load and unload students.

(c) The commissioner of public safety shall develop a comprehensive model
school bus driver training program and model assessments for school bus driver training
competencies, which are not subject to chapter 14. A school district new text begin , nonpublic school, or
private contractor new text end may use alternative assessments for bus driver training competencies
with the approval of the commissioner of public safety. new text begin A driver may receive at least eight
hours of school bus in-service training any year, as an alternative to being assessed for
bus driver competencies. new text end The employer shall keep the assessment new text begin or a record of the
in-service training new text end for the current period available for inspection by representatives of
the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 13.

Minnesota Statutes 2004, section 171.321, subdivision 5, is amended to read:

Subd. 5.

Annual evaluation and license verification.

(a) A school district,
nonpublic school, or private contractor shall provide in-service training deleted text begin annually deleted text end new text begin by June
30 of each year new text end to each school bus driver.

(b) A school district, nonpublic school, or private contractor shall deleted text begin annually deleted text end new text begin by June
30 of each year new text end verify the validity of the driver's license of each employee who regularly
transports students for the district in a type A school bus, a type B school bus, a type C
school bus, or type D school bus, or regularly transports students for the district in a type
III vehicle with the National Driver Register or with the Department of Public Safety.

new text begin (c) Members of a nonprofit bus drivers' trade association under private contract
with an independent school district shall not be charged a fee greater than the fee, if any,
imposed upon an independent school district for accessing an employee's driver's license
records from the Department of Public Safety in compliance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 14.

Minnesota Statutes 2004, section 171.3215, subdivision 2, is amended to read:

Subd. 2.

Cancellation for disqualifying and other offenses.

Within ten days
of receiving notice under section 631.40, subdivision 1a, or otherwise receiving notice
for a nonresident driver, that a school bus driver has been convicted of a disqualifying
offense, the commissioner shall permanently cancel the school bus driver's endorsement
on the offender's driver's license and in the case of a nonresident, the driver's privilege to
operate a school bus in Minnesota. A school bus driver whose endorsement or privilege
to operate a school bus in Minnesota has been permanently canceled may not apply for
reinstatement. Within ten days of receiving notice under section 631.40, subdivision 1a,
or otherwise receiving notice for a nonresident driver, that a school bus driver has been
convicted of a violation of section 169A.20, or a similar statute or ordinance from another
state, and within ten days of revoking a school bus driver's license under section 169A.52,
the commissioner shall cancel the school bus driver's endorsement on the offender's
driver's license or the nonresident's privilege to operate a school bus in Minnesota for
five years. After five years, a school bus driver may apply to the commissioner for
reinstatement. Even after five years, cancellation of a school bus driver's endorsement or a
nonresident's privilege to operate a school bus in Minnesota for a violation under section
169A.20, sections 169A.50 to 169A.53, or a similar statute or ordinance from another
state, shall remain in effect until the driver provides proof of successful completion of an
alcohol or controlled substance treatment program. For a first offense, proof of completion
is required only if treatment was ordered as part of a chemical use assessment. deleted text begin Within
ten days of receiving notice under section 631.40, subdivision 1a, or otherwise receiving
notice for a nonresident driver, that a school bus driver has been convicted of a fourth
moving violation in the last three years, the commissioner shall cancel the school bus
driver's endorsement on the offender's driver's license or the nonresident's privilege to
operate a school bus in Minnesota until one year has elapsed since the last conviction. A
school bus driver who has no new convictions after one year may apply for reinstatement. deleted text end
Upon canceling the offender's school bus driver's endorsement, the commissioner shall
immediately notify the licensed offender of the cancellation in writing, by depositing in
the United States post office a notice addressed to the licensed offender at the licensed
offender's last known address, with postage prepaid thereon.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 15.

Minnesota Statutes 2004, section 631.40, subdivision 1a, is amended to read:

Subd. 1a.

Certified copy of disqualifying offense convictions sent to public
safety and school districts.

When a person is convicted of committing a disqualifying
offense, as defined in section 171.3215, subdivision 1, a gross misdemeanor, deleted text begin a fourth
moving violation within the previous three years, deleted text end or a violation of section 169A.20, or
a similar statute or ordinance from another state, the court shall determine whether the
offender is a school bus driver as defined in section 171.3215, subdivision 1, whether the
offender possesses a school bus driver's endorsement on the offender's driver's license
and in what school districts the offender drives a school bus. If the offender is a school bus
driver or possesses a school bus driver's endorsement, the court administrator shall send
a certified copy of the conviction to the Department of Public Safety and to the school
districts in which the offender drives a school bus within ten days after the conviction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 169.4502, subdivision 15; and 169.4503,
subdivisions 17, 18, and 26, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end