Senate Bill 2028

AN ACT TO AMEND SECTION 37-41-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE MONTH OF OCTOBER AND DURING THE BEGINNING OF DAYLIGHT SAVING TIME IN MARCH, SCHOOL BUS SAFETY REGULATIONS SHALL PROHIBIT STUDENT PICK-UP PRIOR TO 7:00 A.M. TO ENSURE THAT CHILDREN WILL NOT BE TRAVELING TO AND FROM SCHOOL IN THE DARK; TO AMEND SECTION 37-13-61, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND DIRECT LOCAL SCHOOL DISTRICTS TO BEGIN THE SCHOOL DAY ON OR AFTER 8:30 A.M. IN THE MONTH OF OCTOBER AND FOR 30 DAYS AFTER THE BEGINNING OF DAYLIGHT SAVING TIME IN MARCH; AND FOR RELATED PURPOSES.

WHEREAS, when fall turns to winter the days become shorter which means that children will be traveling to and from school in the dark which puts them at greater risk of injuries from traffic crashes; and

WHEREAS, daylight saving time occurs between 2 a.m. on the second Sunday in March and 2 a.m. on the first Sunday in November of each year; and

WHEREAS, children need to "Be Seen To Be Safe" when boarding and departing school buses; NOW, THEREFORE,

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

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

37-41-1. The State Board of Education is authorized, empowered and directed to promulgate rules and regulations relating to the transportation of students enrolled in the public school districts, including rules and regulations for:

(a) Setting standards for public school district bus routes;

(b) Setting standards for public school district buses;

(d) Formulating procedure for selecting public school district bus drivers;

(e) Formulating courses of training for public school district bus drivers and mechanics, and assist in administering and financing such courses;

(f) Providing operation procedure for public school district buses to insure safety of pupils;

(g) Formulating specifications for use in purchasing public school district buses; getting bids on public school district buses; equipment and supplies; and fixing prices based upon said bids which school districts may not exceed in purchasing said equipment;

(h) Formulating specifications for use by school districts in purchasing used school buses; * * *~~and~~

(i) Providing a system of records and reports for the purpose of carrying out the provisions of Sections 37-41-1 through 37-41-51, and providing the superintendent of schools with a sufficient supply of report forms * * *.; and

(j) Setting uniform safety standards for student bus pick-up, including the specific requirement that (i) for thirty (30) days beginning with October 1 through the beginning of Central Standard Time, and (ii) for thirty (30) days after the beginning of daylight saving time on the second Sunday in March, there shall be no student pick-up prior to 7:00 a.m. to ensure that students will not be traveling to and from school in the dark.

All rules and regulations adopted and promulgated by the State Board of Education relating to school district bus drivers shall also be applicable to drivers of privately owned buses transporting public school district children.

All rules and regulations adopted and promulgated by the State Board of Education pursuant to the authority conferred by this section shall be spread at large upon the minutes of the State Board of Education and copies thereof shall be furnished to all school boards not less than thirty (30) days prior to the effective date of such rules and regulations.

The provisions of this chapter are applicable to school districts and the transportation of students enrolled in public school districts. Charter schools authorized by the Mississippi Charter School Authorizer Board are exempt from the provisions of this chapter.

SECTION 2. Section 37-13-61, Mississippi Code of 1972, is amended as follows:

37-13-61. (1) The local school board shall have the power and authority to fix the date for the opening and closing of the school term, subject to the minimum number of days which schools must be in session during a scholastic year, as prescribed under Section 37-13-63. However, local school boards are authorized to keep school in session in excess of the minimum number of days prescribed in Section 37-13-63.

(2) In order to ensure student safety, the local school boards are authorized and directed to begin the school day on or after 8:30 a.m. (a) for thirty (30) days beginning with October 1 through the beginning of Central Standard Time, and (b) for thirty (30) days after the beginning of daylight saving time on the second Sunday in March, to ensure that students will not be traveling to and from school in the dark. The State Board of Education shall promulgate regulations to implement this requirement.

SECTION 3. This act shall take effect and be in force from and after July 1, 2019.