Article 1 - General Provisions

California Education Code — §§ 39800-39809.5

Sections (14)

Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.

(a)The governing board of any school district may provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. The governing board may purchase or rent and provide for the upkeep, care, and operation of vehicles, or may contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or may contract with and pay responsible private parties for the transportation. These contracts may be made with the parent or guardian of the pupil being transported. A governing board may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the district. A state reimbursement may not be received by a district for the transportation of preschool or nursery school pupils.

(b)As used in this article, “municipally owned transit system” means a transit system owned by a city, or by a district created under Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code.

§ 39800.1

Amended by Stats. 2023, Ch. 48, Sec. 19. (SB 114) Effective July 10, 2023.

(a)As a condition of receiving apportionments under Section 41850.1, a local educational agency shall develop a plan describing the transportation services it will offer to its pupils, and how it will prioritize planned transportation services for pupils in transitional kindergarten, kindergarten, and any of grades 1 to 6, inclusive, and pupils who are low income. The plan shall be adopted by the local educational agency’s governing board on or before April 1, 2023, and updated by April 1 each year thereafter. The plan shall include the following components:

(1)A description of the local educational agency’s transportation services that would be accessible to pupils with disabilities and homeless children and youth, as defined pursuant to the federal

McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

(2)A description of how unduplicated pupils, as defined in subdivision (b) of Section 42238.02, would be able to access available home-to-school transportation at no cost to the pupils.

(b)(1) The plan shall be developed in consultation with classified staff, teachers, school administrators, regional local transit authorities, local air pollution control districts and air quality management districts, parents, pupils, and other stakeholders.

(2)The plan shall be presented and adopted by the governing board of the local educational agency in an open meeting with the opportunity for in-person and remote public comment.

(c)The plan may provide for the local

educational agency to partner with a municipally owned transit system to provide service pursuant to this section to middle school and high school pupils.

(d)Nothing in a local educational agency’s plan shall preclude a local educational agency from providing no-cost transit passes to pupils.

(e)For purposes of this section, “local educational agency” means a school district, excluding a school district with a districtwide charter petition approved pursuant to Section 47606, or a county office of education.

§ 39800.5

Added by Stats. 2003, Ch. 559, Sec. 2. Effective January 1, 2004.

(a)Any school district and any owner or operator of a private school that provides transportation for pupils that owns, leases, or otherwise has possession or control of a 15-passenger van, may not, on or after January 1, 2005, authorize the operation of that van for the purpose of transporting passengers unless the person driving or otherwise operating that van has both of the following:

(1)A valid class B driver’s license, as provided in Division 6 (commencing with Section 12500) of the Vehicle Code, issued by the Department of Motor Vehicles.

(2)An endorsement for operating a passenger transportation vehicle, as provided in Article 6 (commencing with Section 15275) of Chapter 7 of Division 6 of the Vehicle Code, issued by the Department of Motor Vehicles.

(b)(1) Except as provided in paragraph (2), for purposes of this section, a “15-passenger van” means any van manufactured to accommodate 15 passengers, including the driver, regardless of whether that van has been altered to accommodate fewer than 15 passengers.

(2)For purposes of this section, a “15-passenger van” does not mean a 15-passenger van with dual rear wheels that has a gross weight rating equal to, or greater than, 11,500 pounds.

§ 39801

Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.

The governing board of any school district may contract with the county superintendent of schools to provide necessary transportation services. The county superintendent of schools, acting pursuant to the contract, shall have all the powers and duties granted to governing boards by this article.

§ 39801.5

Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.

(a)The governing board of any school district may contract for the transportation of matriculated or enrolled adults, or provide transportation to adults in district-owned equipment for educational purposes other than to and from school.

(b)Any district that contracts to provide or provides transportation to adults pursuant to this section may charge adults all or part of the costs of contracting for or providing transportation services.

§ 39802

Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.

In order to procure the service at the lowest possible figure consistent with proper and satisfactory service, the governing board shall, whenever an expenditure of more than ten thousand dollars ($10,000) is involved, secure bids pursuant to Sections 20111 and 20112 of the Public Contract Code whenever it is contemplated that a contract may be made with a person or corporation other than a common carrier or a municipally owned transit system or a parent or guardian of the pupils to be transported. The governing board may let the contract for the service to other than the lowest bidder.

§ 39803

Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.

(a)If a continuing contract for the furnishing of transportation of pupils in school districts to and from school is made it shall be made for a term not to exceed five years. A contract is renewable at the option of the school district and the party contracting to provide transportation services, jointly, at the end of the term of the contract. The contract as renewed shall include all of the terms and conditions of the previous contract, including any provisions increasing rates based on increased costs.

(b)A continuing contract may be made for the lease or rental of schoolbuses, not to exceed five years, except that if a lease or rental contract provides that the district may exercise an option either to purchase the buses or to cancel the lease at the end of each annual period during the period of the contract, the contract may be made for a term not to exceed 10 years.

(c)Notwithstanding any other provisions of law to the contrary, a continuing contract executed under the provisions of this section may be negotiated annually within the contract period when economic factors indicate negotiation is necessary to maintain an equitable pricing structure. Renegotiation is subject to the approval of both contracting parties.

(d)Any rental, lease, or lease-purchase of a schoolbus shall comply with all applicable provisions of Article 3 (commencing with Section 17450) of Chapter 4 of Part 10.5.

§ 39803.5

Added by Stats. 2023, Ch. 445, Sec. 3. (AB 579) Effective January 1, 2024.

(a)Notwithstanding Section 39803 or any other law, this section shall apply to the furnishing of transportation of pupils in local educational agencies to and from school using schoolbuses that are zero-emission vehicles and for the lease or rental of schoolbuses that are zero-emission vehicles.

(b)If a continuing contract for the furnishing of transportation of pupils in local educational agencies to and from school is made, it shall be made for a term not to exceed 15 years. A contract is renewable at the option of the local educational agency and the party contracting to provide transportation services, jointly, at the end of the term of the contract. The

contract as renewed shall include all of the terms and conditions of the previous contract, including any provisions increasing rates based on increased costs.

(c)A continuing contract may be made for the lease or rental of schoolbuses, not to exceed 15 years, except that if a lease or rental contract provides that the local educational agency may exercise an option either to purchase the buses or to cancel the lease at the end of each annual period during the period of the contract, the contract may be made for a term not to exceed 20 years.

(d)Notwithstanding any other law to the contrary, a continuing contract executed under this section may be negotiated annually within the contract period when economic factors indicate negotiation is necessary to maintain an

equitable pricing structure. Renegotiation is subject to the approval of both contracting parties.

(e)Any rental, lease, or lease-purchase of a schoolbus shall comply with all applicable provisions of Article 3 (commencing with Section 17450) of Chapter 4 of Part 10.5 of Division 1 of Title 1.

(f)For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

(g)This section is effective January 1, 2024.

§ 39805

Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.

In bidding on contracts to be made pursuant to Section 39803, bidders may include in their bids abstractions of their quotations indicating the pricing structure used to compute the annual lease or rental payments for the sole purpose of identifying that portion of each annual lease or rental payment which may represent tax exemption reimbursement to the vendor, lessor or to their assignees.

§ 39806

Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.

In lieu of providing in whole or in part for the transportation of a pupil attending the schools of a district, the governing board may pay to the parents or guardian of the pupil a sum not to exceed the cost of actual and necessary travel incurred in transporting the pupil to and from the regular day schools of the district. A payment may not be made pursuant to this section unless it will be more economical to make the payments than to provide for said transportation.

§ 39807

Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.

In lieu of furnishing transportation to pupils attending the schools of a school district, the governing board may pay to the parents or guardian of each pupil the cost of food and lodging of the pupil at a place convenient to the schools. The amount paid on account of each pupil may not exceed the estimated cost to the district of providing for the transportation of the pupil to and from his or her home and the school he or she attends.

§ 39807.5

Amended by Stats. 2022, Ch. 52, Sec. 15. (AB 181) Effective June 30, 2022.

(a)When a local educational agency provides for the transportation of pupils to and from schools, including the governing board of a school district pursuant to Section 39800, or between the regular full-time day schools they would attend and the regular full-time occupational training classes attended by them as provided by a regional

occupational center or program, the governing board may require the parents and guardians of all or some of the pupils transported, to pay a portion of the cost of this transportation in an amount determined by the governing board.

(b)The amount determined by the governing board pursuant to subdivision (a) shall be no greater than the statewide average nonsubsidized cost of providing this transportation to a pupil on a publicly owned or operated transit system as determined by the Superintendent, in cooperation with the Department of Transportation.

(c)For purposes of this section, “nonsubsidized cost” means actual operating costs less federal subventions.

(d)The governing board shall exempt from these charges pupils of parents and guardians who are

unduplicated pupils, as defined in subdivision (b) of Section 42238.02. Nothing in this provision shall prevent the governing board from providing transportation services at no cost.

(e)A charge under this section may not be made for the transportation of individuals with exceptional needs as defined in Section 56026.

(f)Nothing in this section shall be construed to sanction, perpetuate, or promote the racial or ethnic segregation of pupils in the schools.

(g)For purposes of this section, “local educational agency” means a school district or a county office of education.

§ 39808

Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.

(a)The governing board of any school district may allow a pupil entitled to attend the school of the district, but who, under Section 48222, attends a school other than a public school to be transported upon the same terms, in the same manner, and over the same routes of travel as is permitted pupils attending the district school.

(b)The allowance provided for in this section shall be restricted to actual transportation when furnished by the district to pupils attending the district school, and nothing in this section shall be construed to authorize or permit in lieu of transportation payments of money to parents or guardians of pupils attending private schools.

§ 39809.5

Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.

(a)The sum of the state aid received and the parent fees collected in a fiscal year may not exceed actual operating cost of home-to-school transportation in that fiscal year.

(b)If excess fees are collected due to errors in estimated costs, fees shall be reduced in succeeding years.

(c)The governing board shall certify to the county superintendent that districts have levied fees in accordance with law, and that fees have been reduced and excess fee revenue eliminated whenever excess fees have been charged.