House Bill 446

AN ACT TO AMEND SECTION 37-41-3, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH SCHOOL DISTRICT TO EQUIP SCHOOL BUSES WITH PROPERLY DESIGNED SEAT BELTS DURING THE 2017-2018 SCHOOL YEAR; TO REQUIRE ANY BUSES PURCHASED BY SCHOOL DISTRICTS AFTER JULY 1, 2017, TO BE EQUIPPED WITH SEAT BELTS AT THE TIME OF PURCHASE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-41-3, Mississippi Code of 1972, is amended as follows:

37-41-3. (1) Pupils of legal school age, which shall include kindergarten pupils, and in actual attendance in the public schools who live a distance of one (1) mile or more by the nearest traveled road from the school to which they are assigned by the school district in which they are enrolled shall be entitled to transportation within the meaning of this chapter. Nothing contained in this section shall be construed to bar any child from such transportation where he or she lives less than one (1) mile and is on the regular route of travel of a school bus and space is available in such bus for such transportation. No state funds shall be paid for the transportation of children living within one (1) mile of the school, except as otherwise provided in this chapter, and such children shall not be included in transportation reports. In the development of route plans, economy shall be a prime consideration. There shall be no duplication of routes except in circumstances where it is totally unavoidable. The State Department of Education shall have authority to investigate school bus routing when there is reason to believe the provisions of this statute are being violated. The State Board of Education shall have authority to withhold transportation funds when school districts fail to correct unnecessary route duplication. Provided further, that all school districts are hereby authorized to lease or contract with any public or private individual, partnership, corporation, association, agency or other organization for the implementation of transportation of pupils as provided for in this section.

(2) The school boards may provide transportation to such crippled and physically handicapped children as may be designated by such boards, when the failure to do so would result in undue hardship, even though the children are not otherwise entitled to transportation under the provisions of this chapter. The State Department of Education shall require all school districts during the 1993-1994 school year to equip school buses with properly designed seat belts to protect such physically handicapped children, and school districts are authorized to expend funds therefor from nonminimum program or other sources.

(3) Where space is available, students attending junior colleges shall be allowed transportation on established routes in district-owned buses. However, no additional funds shall be allocated or expended for such purposes, and such persons shall not be included in transportation reports.

(4) Children enrolled in special or alternative programs approved by school boards may be provided transportation even though such children are not otherwise entitled to transportation under the provisions of this chapter. No additional funds shall be allocated or expended for such purpose, and such children shall not be included in transportation reports.

(5) The State Department of Education shall require all school districts during the 2017-2018 school year to equip school buses with properly designed seat belts to protect all children of the school district for whom transportation is provided under this section, and any school buses purchased by school districts after July 1, 2017, shall be equipped with seat belts at the time of purchase. School districts are authorized to expend funds therefor from MAEP or other sources.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.