The parental choice programs; the operation of, and insurance requirements related to, school buses and alternative methods of pupil transportation; and providing a penalty

Under the bill, the same requirements that apply to a school board also apply to the governing body of a charter school and the governing body of a private school.

The bill requires that the insurance policy procured by a school board, the governing body of a charter school, or the operator of a private school be in effect for the entire school year. With respect to a charter school or private school, the bill requires an insurer to provide ten days' notice to the Department of Public Instruction (DPI) if it cancels or terminates an insurance policy covering a school bus prior to the policy's expiration. The bill requires an insurer who provides this insurance coverage to a private school participating in a PCP to notify DPI of any change made to the policy.

The bill also requires a private school participating in a PCP to immediately notify DPI that the school has received a notice of cancellation or termination from the insurer.

Under current law, a school board or the governing body of a private school may provide pupil transportation services by alternative methods. These alternative methods consist of a motor vehicle transporting nine or fewer passengers in addition to the operator, and a motor vehicle transporting ten or more passengers in addition to the operator when the secretary of transportation determines, at the request of the school board or governing body, that an emergency exists because no regular transportation is available. Current law requires, with certain exceptions, that motor vehicles used for alternative pupil transportation comply with the insurance requirements applicable to school buses.

The bill requires that a school board and the governing body of a private school file with DOT a certificate of insurance showing that the insurance policy applicable to a motor vehicle used as an alternative method of pupil transportation is in effect for the entire school year. The bill also requires an insurer to provide ten days' notice to DOT and the school board or governing body of a private school prior to the cancellation or termination of an insurance policy covering a motor vehicle used as an alternative method of pupil transportation. The bill requires an insurer who provides this insurance coverage to a school participating in a PCP to notify DPI of any change made to the policy. The bill also requires a private school participating in a PCP to immediately notify DPI that the school has received a notice of cancellation or termination from the insurer.

Exclusion of private schools from a PCP Under current law, DPI may bar a private school from participating in a PCP if DPI determines that the private school has violated certain prohibitions. For example, a private school that fails to submit an independent financial audit of the school that has been conducted by a certified public accountant may be barred from participating in a PCP. The bill permits DPI to bar a school from participating in a PCP if the private school fails to procure and maintain insurance as required by DPI and under the bill.

School buses Under current law, a person may not operate a school bus without a school bus endorsement issued by DOT. A person may obtain a school bus endorsement to the person's regular motor vehicle operator's license if the person is to operate a school bus that is not a commercial motor vehicle (CMV) or to the person's commercial driver license (CDL) if the person is to operate a school bus that is a CMV.

Also under current law, an employer may not knowingly allow an employee to operate a CMV during any period of withdrawal of the employee's operating privileges or when the employee does not possess a valid CDL with any required endorsement. The employer also may not knowingly allow an employee to operate a CMV in violation of any law. A person who holds a CDL must report to his or her employer any conviction for a traffic violation within 30 days of the conviction and any withdrawal of operating privileges by the end of the day after the withdrawal.

DOT maintains an employer notification program to permit an employer to register the name of a CDL-holding employee and be notified by DOT whenever a conviction or withdrawal of operating privileges is recorded on the employee's operating record.

Under the bill, an employer that employs any person as an operator of a school bus is responsible for determining that each such person is qualified to operate a school bus. This employer is also responsible for assuring that only employees so qualified operate the employer's school buses. If the employer employs any person holding a CDL to operate a school bus, the employer must participate in DOT's employer notification program. An employer that violates any of these requirements must forfeit not less than $20 nor more than $400.

Under current law, the definition of "school bus" includes a motor vehicle which carries ten or more passengers in addition to the driver or is painted in accordance with specifications established by statute and which is used for the purpose of transporting pupils to or from an elementary or high school supported by public taxation, a private school that meets criteria established by DPI, or, under certain conditions, a technical college. The bill changes the definition of "school bus" to explicitly include a motor vehicle that satisfies the above conditions and that is used for the purpose of transporting pupils to or from a charter school.

Also under current law, if a motor vehicle providing pupil transportation gets into an accident, the accident must be reported to the school board within ten days after its occurrence.

Under the bill, the accident must, if applicable, be reported to the governing body of a charter school or the governing body of a private school.

Under current law, a person may not operate or knowingly permit the operation of a motor vehicle if the registration for that vehicle is suspended, revoked, or canceled. A person who violates this prohibition may be required to forfeit not more than $200 if the vehicle involved in the violation is an automobile or weighs 10,000 pounds or less and may be required to forfeit not more than $500 if the vehicle involved is any other vehicle.

The bill specifically prohibits a person from operating or knowingly permitting the operation of a school bus, or motor vehicle used as an alternative method of pupil transportation, required to be covered by liability insurance unless such valid insurance is current on the school bus. A person who violates this prohibition may be required to forfeit not more than $500.