20250AB__236297AMD INTRODUCED 2026-02-19 AMENDED_ASSEMBLY 2026-03-23 AMENDED_ASSEMBLY 2026-04-06 2025 AB AMD Introduced by Assembly Member Hadwick LEAD_AUTHOR ASSEMBLY Hadwick

An act to amend

Section of, and to add

Section 39881.5 to, the Education Code, relating to pupil transportation. pupil transportation Pupil transportation. Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever, in the judgment of the governing board, the transportation is advisable and good reasons exist to do so.

Existing law requires a driver employed by a local educational agency, contracted by a local educational agency, or contracted by any entity with funding from a local educational agency, who provides school-related pupil transportation for compensation to be subject to specified requirements including, among others, having a satisfactory driving record, as provided.

Existing law exempts from these requirements a school employee when the employee provides transportation to pupils due to or because of the employee’s supervision of pupils for a field trip, extracurricular activity, or athletic program, or when the employee provides transportation to pupils for other activities, not to exceed hours of drive time per school year per employee. This bill would, for a local educational agency with fewer than 2,500 units of average daily attendance and a frontier school district, as defined, set that limit at hours of drive time instead of hours.

The bill would, contingent upon an appropriation, establish the Rural Transportation Safety Grant Program to provide funding to small and rural local educational agencies for costs associated with training, inspections, and compliance with, among other things, the above-described driver requirements.

This bill would authorize a local educational agency with fewer than 2,500 units of average daily attendance or a frontier school district, as defined, to issue a rural activity driver authorization to an employee or registered volunteer who transports pupils in a vehicle with a maximum capacity of or fewer persons, including the driver, to or from curricular or extracurricular events if the employee or registered volunteer meets specified requirements, including, among others, having a satisfactory driving record and using a vehicle that has undergone an annual safety inspection, as provided.

The bill would prohibit an employee or registered volunteer with a rural activity driver authorization from transporting pupils in specified conditions, including when the route exceeds road miles one way.

The bill would require a local educational agency that issues a rural activity driver authorization to an employee or registered volunteer to maintain records of all authorizations, inspections, and training requirements.</xhtml:p>"?> MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows: <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'23.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'39875.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Education Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_938EC087-94E4-4AF7-92C1-764BD783DC5B"><caml:Num>39875.</caml:Num><caml:LawSectionVersion id="id_92FCF388-8224-41E5-9BF8-C29D2141A6CE"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Except as provided pursuant to subdivisions (

b) to (h), inclusive, this

article shall apply to all drivers employed by a local educational agency, contracted by a local educational agency, or contracted by any entity with funding from a local educational agency, providing school-related pupil transportation for compensation.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Nothing in this

article shall be construed to apply to a driver employed by any of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>A municipally owned transit system offering supplementary service.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>A congregate care facility licensed by the State Department of Social Services.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>A county human services agency.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>An entity, excluding entities with a primary purpose of providing transportation services, serving pupils experiencing homelessness that is coordinated with the homeless continuum of care in counties that have one or otherwise designated to serve children who are homeless by a county without a continuum of care.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>A county probation agency.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>Another government agency, other than a local educational agency.</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>A foster family agency, as defined in paragraph (4) of subdivision (

a) of

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(8)<xhtml:span class="EnSpace"/>A tribal authority.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>This

article shall not apply to any of the following persons who are compensated to drive a pupil:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>A parent or relative as defined in paragraph (2) of subdivision (

c) of

Section 361.3 of the Welfare and Institutions Code, or a nonrelative extended family member as defined in

Section 362.7 of the Welfare and Institutions Code.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>A guardian.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>A caregiver given temporary or permanent custody of the pupil by a court, child welfare agency, tribal authority, or county probation department.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>A court-appointed educational rights holder.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>A court-appointed special advocate.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>A pupil who drives themselves.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>If both of the following occur, this

article shall not apply to a school employee of a local educational agency when the employee provides transportation to pupils due to or because of the employee’s supervision of pupils for a field trip, extracurricular activity, or athletic program.</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>A local educational agency makes a reasonable effort to secure a driver who meets the requirements of this article.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>When a local educational agency is unable to secure a driver who meets the requirements of this article, the local educational agency informs the parent, guardian, or court-appointed educational rights holder of the pupil being transported that the driver transporting their pupil does not meet the requirements of this article, unless that notice will jeopardize a pupil’s privacy rights.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>This

article shall not apply to a school employee of a local educational agency when the employee provides transportation to pupils due to or because of the employee’s supervision of pupils for other activities, not to exceed hours of drive time per school year per employee.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>For a local educational agency with fewer than 2,500 units of average daily attendance and a frontier school district, as defined in

Section 94, this

article shall not apply to a school employee of a local educational agency when the employee provides transportation to pupils due to or because of the employee’s supervision of pupils for other activities, not to exceed hours of drive time per school year per employee, or such other amount as approved by the governing board.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>This

article shall not apply to a driver who transports a pupil who must be immediately transported to a facility in the case of a medical or psychiatric emergency, or in the case of pupils who need to be transported immediately as the result of an emergency that arises as a result of a fire, flood, earthquake, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or because of an immediate threat to the physical safety of the pupil or pupils.

The exemption pursuant to this subdivision involving an epidemic shall only apply to each epidemic for a period lasting no longer than one month.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>This

article shall not apply to a driver who transports a pupil if the transportation is being provided through a Foster Youth Services Coordinating Program while a pupil’s transportation plan is being finalized. The exemption pursuant to this subdivision shall apply for a period lasting no longer than one month after the first ride is provided to that pupil under this exemption.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>This

article shall not apply to a driver during a trip for which they are authorized by the local educational agency to transport one or more pupils for a field trip when the destination is more than miles from the transported pupil’s California school campus.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_AFA3FF20-E486-41CD-9D08-D3DBFF17A79B"><caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'39875.5'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 39875.5 is added to the <caml:DocName>Education Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_E4F49EBD-295D-411D-94ED-30E72C86A35E"><caml:Num>39875.5.</caml:Num><caml:LawSectionVersion id="id_D0376CAA-3A60-494D-A6CD-B4126003CB38"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>A local educational agency with fewer than 2,500 units of average daily attendance or a frontier school district, as defined in

Section 94, may issue a rural activity driver authorization to an employee or registered volunteer who transports pupils in a vehicle with a maximum capacity of or fewer persons, including the driver, to or from curricular or extracurricular events, not including home-to-school transportation, if the employee or registered volunteer meets all of the following conditions:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Holds a valid California driver’s license for the appropriate class of vehicle.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Is at least years of age.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Has a satisfactory driving record that includes none of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Within three years, has committed any violation that results in a conviction assigned a violation point count of two or more, as defined in Sections and 12810.5 of the Vehicle Code.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Within three years, has had their driving privilege suspended, revoked, or on probation for any reason involving the unsafe operation of a motor vehicle.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Has been determined by the Department of Motor Vehicles to be a negligent or incompetent operator.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>Has a valid criminal records

summary as described in

Section 44237.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>Participates in the Department of Motor Vehicles’ pull-notice system.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>Submits and clears a tuberculosis risk assessment consistent with

Section 49406.</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>Has completed training at least equivalent to the American Red Cross first aid training program, or holds a valid and current first aid certificate issued by the American Red Cross or by an organization whose first aid training program is at least equivalent to the American Red Cross’ first aid training program, as determined by the Emergency Medical Services Authority.</xhtml:p><xhtml:p>(8)<xhtml:span class="EnSpace"/>Completes at least four hours of training including instruction in all of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Defensive driving.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Pupil supervision.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Providing proper accommodations for pupils with disabilities.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>Handling accidents, incidents, and emergency situations.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>Operations in inclement weather.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>An employee or registered volunteer shall not transport pupils in any of the following conditions:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>The route exceeds road miles one way.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The employee or registered volunteer has driven any vehicle for or more hours in the preceding 24-hour period.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>The employee or registered volunteer is contracted as a commercial driver.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Notwithstanding subparagraph (A), an employee may receive their ordinary wages and an employee or registered volunteer may receive a modest stipend for driving pursuant to the authorization provided by this section.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>A vehicle driven by an employee or registered volunteer pursuant to the authorization provided by this

section shall undergo an annual safety inspection at a facility licensed by the Bureau of Automotive Repair.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/> Notwithstanding subparagraph (1), if the nearest facility licensed by the Bureau of Automotive Repair is greater than miles away, the inspection may be performed by a district or county mechanic who holds an Automotive Service Excellence certification.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>A local educational agency that issues a rural activity driver authorization to an employee or registered volunteer shall maintain records of all authorizations, inspections, and training required pursuant to this

section for review by the department.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>

SECTION 1.

Section of the Education Code is amended to read: 39875. (

a) Except as provided pursuant to subdivisions (

b) to (g), inclusive, this

article shall apply to all drivers employed by a local educational agency, contracted by a local educational agency, or contracted by any entity with funding from a local educational agency, providing school-related pupil transportation for compensation. (

b) Nothing in this

article shall be construed to apply to a driver employed by any of the following:

(1) A municipally owned transit system offering supplementary service.

(2) A congregate care facility licensed by the State Department of Social Services.

(3) A county human services agency.

(4) An entity, excluding entities with a primary purpose of providing transportation services, serving pupils experiencing homelessness that is coordinated with the homeless continuum of care in counties that have one or otherwise designated to serve children who are homeless by a county without a continuum of care.

(5) A county probation agency.

(6) Another government agency, other than a local educational agency.

(7) A foster family agency, as defined in paragraph (4) of subdivision (

a) of

Section of the Health and Safety Code.

(8) A tribal authority. (

c) This

article shall not apply to any of the following persons who are compensated to drive a pupil:

(1) A parent or relative as defined in paragraph (2) of subdivision (

c) of

Section 361.3 of the Welfare and Institutions Code, or a nonrelative extended family member as defined in

Section 362.7 of the Welfare and Institutions Code.

(2) A guardian.

(3) A caregiver given temporary or permanent custody of the pupil by a court, child welfare agency, tribal authority, or county probation department.

(4) A court-appointed educational rights holder.

(5) A court-appointed special advocate.

(6) A pupil who drives themselves. (d)

(1) This

article shall not apply to a school employee of a local educational agency when the employee provides transportation to pupils due to or because of the employee’s supervision of pupils for a field trip, extracurricular activity, or athletic program, or when the employee provides transportation to pupils for other activities, not to exceed hours of drive time per school year per employee, except as provided in paragraph (2), if both of the following conditions are met: (1)<xhtml:span class="EnSpace"/>A</xhtml:p>"?> (

A) The local educational agency makes a reasonable effort to secure a driver who meets the requirements of this article. (2)<xhtml:span class="EnSpace"/>When a</xhtml:p>"?> (

B) If the local educational agency is unable to secure a driver who meets the requirements of this article, the local educational agency informs the parent, guardian, or court-appointed educational rights holder of the pupil being transported that the driver transporting their pupil does not meet the requirements of this article, unless that notice will jeopardize a pupil’s privacy rights.

(2) For a local educational agency with fewer than 2,500 units of average daily attendance and a frontier school district, as defined in

Section 94, the drive time limit specified in paragraph (1) shall be hours per school year per employee instead of hours. (

e) This

article shall not apply to a driver who transports a pupil who must be immediately transported to a facility in the case of a medical or psychiatric emergency, or in the case of pupils who need to be transported immediately as the result of an emergency that arises as a result of a fire, flood, earthquake, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or because of an immediate threat to the physical safety of the pupil or pupils. The exemption pursuant to this subdivision involving an epidemic shall only apply to each epidemic for a period lasting no longer than one month. (

f) This

article shall not apply to a driver who transports a pupil if the transportation is being provided through a Foster Youth Services Coordinating Program while a pupil’s transportation plan is being finalized. The exemption pursuant to this subdivision shall apply for a period lasting no longer than one month after the first ride is provided to that pupil under this exemption. (

g) This

article shall not apply to a driver during a trip for which they are authorized by the local educational agency to transport one or more pupils for a field trip when the destination is more than miles from the transported pupil’s California school campus.

SEC.

Section 39881.5 is added to the Education Code , to read: 39881.5. The Legislature hereby establishes the Rural Transportation Safety Grant Program to provide funding to small and rural local educational agencies for costs associated with training, inspections, and compliance under this article. Subject to appropriation by the Legislature, the superintendent shall administer the program.