MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Education
By: Senator(s) DeBar
AN ACT TO AMEND SECTION 37-41-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A SCHOOL BOARD MAY PROVIDE TRANSPORTATION FOR A STUDENT LIVING LESS THAN ONE MILE FROM THE SCHOOL WHEN A DEMONSTRABLE DANGER EXISTS TO THE SAFETY OF THE CHILD WALKING TO SCHOOL; TO AMEND SECTION 37-41-13, MISSISSIPPI CODE OF 1972, TO CONFORM, AND TO PROVIDE THAT TEMPORARY OR EMERGENCY TRANSPORTATION MAY ALSO BE PROVIDED FOR STUDENTS WHO DO NOT NORMALLY QUALIFY, WHEN AN IMMINENT OR NEWLY IDENTIFIED THREAT TO STUDENT SAFETY IS DOCUMENTED; TO AMEND SECTION 37-41-27, MISSISSIPPI CODE OF 1972, TO ALLOW THAT SCHOOL BOARDS TO ENTER INTO AGREEMENTS WITH LOCAL EMERGENCY MANAGEMENT OFFICIALS, LAW ENFORCEMENT, OR OTHER AGENCIES TO MAKE SCHOOL BUSES AVAILABLE FOR USE IN DECLARED EMERGENCIES, NATURAL DISASTERS, OR OTHER PUBLIC SAFETY NEEDS, PROVIDED THAT SUCH USE DOES NOT INTERFERE WITH THE TRANSPORTATION OF STUDENTS TO AND FROM SCHOOL; TO PROVIDE THAT VEHICLES DESIGNED TO TRANSPORT 10 TO 15 PASSENGERS MUST, WHEN TRANSPORTING STUDENTS, MEET FEDERAL SCHOOL BUS SAFETY STANDARDS; TO SPECIFY THAT THE OPERATION OF SUCH A VEHICLE DOES NOT REQUIRE A COMMERCIAL DRIVER'S LICENSE, PROVIDED THE VEHICLE IS NOT DESIGNED OR USED TO TRANSPORT 16 OR MORE PASSENGERS, INCLUDING THE DRIVER; TO AMEND SECTION 37-41-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SCHOOL BUS DRIVERS, WHEN TRANSPORTING STUDENTS ON TRIPS OTHER THAN REGULAR ROUTES TO AND FROM SCHOOL, SHALL NOT DRIVE AT A SPEED GREATER THAN THE POSTED SPEED LIMIT, BUT IN NO EVENT ABOVE 65 MILES PER HOUR; 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. 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. A school board may
provide transportation for a pupil who lives less than one (1) mile from the
school when, in the judgment of the board, a demonstrable danger exists to the
safety of the child walking to school. Such dangers may include, but are not
limited to, lack of sidewalks or pedestrian walkways along heavily trafficked
roadways, crossing of highways, interstates or major roadways, areas with a documented
pattern of crime, violence or human trafficking activity that pose a threat to
student safety, railroad crossings or industrial zones that create a hazardous
environment, or other conditions as determined by the school board that present
a significant risk to student safety. 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 * * * this statute * * * is 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.
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 * * * 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.
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.
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 * * * this chapter. No additional funds shall be
allocated or expended for such purpose, and such children shall not be included
in transportation reports.
SECTION 2. Section 37-41-13, Mississippi Code of 1972, is amended as follows:
37-41-13. All routes shall be laid out so as to place all pupils entitled to transportation within a reasonable distance of same. No child entitled to transportation shall be required to walk a greater distance than one (1) mile to reach the vehicle of transportation in the morning or to reach his home in the afternoon. School districts may provide transportation for students who live within one (1) mile of the school if conditions exist that pose a significant risk to the safety of the student, as provided in Section 37-41-3. Temporary or emergency transportation may also be provided for students who do not normally qualify under this section, when an imminent or newly identified threat to student safety is documented.
SECTION 3. Section 37-41-27, Mississippi Code of 1972, is amended as follows:
37-41-27. (1) The local school boards, subject to rules and regulations promulgated by the State Board of Education, may permit the use of publicly owned school buses for the transportation of participating students, teachers, coaches and sponsors in connection with athletic events, events of boys' and girls' clubs, events of Future Farmers of America or 4-H Clubs and special events in connection with the schools which the boards may consider a part of the educational program. The local school boards, subject to rules and regulations promulgated by the State Board of Education, may permit the use of publicly owned school buses for the transportation of citizens for grand jury and other jury functions upon order of the court or as considered necessary by the school board during natural or man-made emergencies, hurricanes, tornadoes, floods and other acts of God. School boards, subject to rules and regulations promulgated by the State Board of Education, are further authorized to enter into agreements or memoranda of understanding with local emergency management officials, law enforcement, or other appropriate agencies to make school buses available for use in declared emergencies, natural disasters, or other public safety needs, provided that such use does not interfere with the transportation of students to and from school. The local school boards, subject to rules and regulations promulgated by the State Board of Education, may permit the use of publicly owned school buses for the transportation of citizens attending an air show or historic commemorative event held on a military base or military park located in the school district; provided that such determination shall be made upon the minutes of the school board and shall include an agreement with the military base or military park that it will indemnify and hold the school district harmless in any action regarding such transportation.
(2) (a) Local school boards may regularly permit the use of motor vehicles other than school buses when the transportation is for trips to and from school sites or for school-related functions and activities; however, motor vehicles other than school buses may not be used for customary transportation between a student's residence and such sites.
(b) When the transportation of students is provided, as authorized in this subsection, in a vehicle other than a school bus that is owned, operated, rented, contracted, or leased by a school district or charter school, the following provisions shall apply:
(i) The vehicle
must be a passenger car or multipurpose passenger vehicle or truck, as defined
in 49 CFR Part 571, designed to transport fewer than * * * ten (10)
students, excluding the driver. Students must be transported in designated
seating positions and must use the occupant crash protection system provided by
the manufacturer unless the student's physical condition prohibits such use. Any
motor vehicle designed to transport ten (10) to fifteen (15) passengers,
including the driver, when used for transporting students to or from school or
school-related events, must meet all applicable Federal Motor Vehicle Safety
Standards for school buses as set forth in 49 CFR Part 571. Such a vehicle,
when operated for student transportation under this section, does not require a
commercial driver's license as defined in the Mississippi Commercial Driver's
License Law, Title 63, Chapter 1, Mississippi Code of 1972, provided the vehicle is not designed or used to transport
sixteen (16) or more passengers, including the driver.
(ii) An authorized vehicle may not be driven by a student on a public right-of-way. An authorized vehicle may be driven by a student on school or private property as part of the student's educational curriculum if no other student is in the vehicle.
(iii) The driver of an authorized vehicle transporting students must maintain a valid driver's license and must comply with the requirements of the school district's locally adopted safe driver plan, which includes review of driving records for disqualifying violations.
(iv) The local school board must adopt a policy that addresses procedures and liability for trips under this paragraph, including a provision that school buses are to be used whenever practical and specifying consequences for violation of the policy.
SECTION 4. Section 37-41-47, Mississippi Code of 1972, is amended as follows:
31-41-47. It shall be
unlawful for a driver of any school bus, whether a public or a contract bus, to
drive said bus at a speed greater than forty-five (45) miles per hour while
transporting children to and from school on regular routes; however, the
maximum speed for interstate highways shall be sixty-five (65) miles per hour.
However, any such driver, while operating a school bus on other authorized
trips, shall not drive said school bus at a speed greater than * * * the
posted speed limit for the roadway, provided that in no event shall the driver
exceed sixty-five (65) miles per hour, even if the posted speed limit is
greater than sixty-five (65) miles per hour. Any person who shall violate * * * this section shall be guilty
of a misdemeanor and, upon conviction thereof, shall be fined not less than
Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for
each such offense. In addition thereto, upon such conviction, such driver may
be discharged from further employment as a school bus driver or carrier and his
contract as such may be terminated.
SECTION 5. This act shall take effect and be in force from and after July 1, 2026.