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2004 SESSION

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HB 289 School buses; compliance with federal regulations.

Introduced by: H. Morgan Griffith | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Transportation of students. Requires any local school division or other entity transporting public or private elementary or secondary school students to or from any public or private school, school-related activity, or child care facility to transport these students in a vehicle meeting federal school bus safety standards, as set forth in federal statute and regulations. School divisions and other entities may still use common carriers if the carrier is designed to transport at least 30 passengers.

Codifying "Jacob's Law," enacted in South Carolina, the measure would, in effect, preclude the use of passenger vans and other vehicles for transporting public and private school pupils.

The measure does not prohibit the transportation of children to or from child care in nonconforming vehicles by a Virginia human services provider, or by a public transportation authority if each child is accompanied by his parent, for whom such transportation is necessary for his work, education, or training.

The measure provides for a transition period; any vehicle purchased by such school division or entity before July 1, 2004, may continue to be used until July 1, 2009. Vehicles purchased on and after July 1, 2004, must meet the federal "school bus" definition.

School divisions and other entities may purchase conforming vehicles pursuant to state contracts for the purchase of such vehicles.

Parents of students using public school bus transportation have the option of designating a child care center or other before- or after-school program as such students' origin or destination for such transportation.

Under current law, pupil transportation is not a required service for public school. Board of Education regulations address vehicle size and other safety concerns. The regulations contemplate several types of school buses, with designated passenger capacity for each. The regulations state that "[a] standard or mini-size passenger van which has not been reconstructed to meet Virginia state and federal school vehicle construction standards does not meet this definition [of a student activity vehicle]." (8 VAC 20-70-10 (updated through August 2003)).


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