House Bill 974

(As Passed the House)

AN ACT TO AMEND SECTION 37-41-27, MISSISSIPPI CODE OF 1972, TO INCLUDE EVENTS OF FUTURE FARMERS OF AMERICA OR 4-H CLUBS AMONG THE TYPES OF EVENTS FOR WHICH LOCAL SCHOOL BOARDS MAY PERMIT THE USE OF PUBLIC SCHOOL BUSES FOR THE TRANSPORTATION OF PARTICIPATING STUDENTS; TO AUTHORIZE SCHOOL BOARDS TO ALLOW THE USE OF MOTOR VEHICLES OTHER THAN SCHOOL BUSES WHEN THE TRANSPORTATION IS FOR TRIPS TO AND FROM SCHOOL SITES OR AGRICULTURAL EDUCATION SITES OR FOR TRIPS TO AND FROM AGRICULTURAL EDUCATION-RELATED EVENTS OR COMPETITIONS; TO PRESCRIBE CONDITIONS WHICH MUST BE ADHERED TO WHEN THE AUTHORIZED TRANSPORTATION OF STUDENTS IS PROVIDED IN A VEHICLE OTHER THAN A SCHOOL BUS THAT IS PROPERTY OF A SCHOOL DISTRICT OR CHARTER SCHOOL; TO AUTHORIZE LOCAL SCHOOL BOARDS TO PERMIT THE TRANSPORTATION OF STUDENTS IN PRIVATELY OWNED MOTOR VEHICLES ON A CASE-BY-CASE BASIS ONLY IN CERTAIN CIRCUMSTANCES; TO PROVIDE IMMUNITY FROM TORT LIABILITY TO SCHOOL BOARD EMPLOYEES, ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT, WHO PROVIDE APPROVED TRANSPORTATION OF STUDENTS IN PRIVATELY OWNED VEHICLES; AND FOR RELATED PURPOSES.

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

SECTION 1. 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. 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 agricultural education sites or for trips to and from agricultural education-related events or competitions, but is not 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 C.F.R. Part 571, designed to transport fewer than ten (10) students. 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.

(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.

(3) Except as provided in subsection (2), local school boards may authorize the transportation of students in privately owned motor vehicles on a case-by-case basis only in the following circumstances:

(a) When a student is ill or injured and must be taken home or to a medical treatment facility under nonemergency circumstances, if:

(i) The school has been unable to contact the student's parent or the parent or responsible adult designated by the parent is not available to provide the transportation;

(ii) Proper adult supervision of the student is available at the location to which the student is being transported;

(iii) The transportation is approved by the school principal, or a school administrator designated by the principal to grant or deny such approval, or in the absence of the principal and designee, by the highest ranking school administrator or teacher available under the circumstances; and

(iv) If the school has been unable to contact the parent before the transportation, the school shall continue to seek to contact the parent until the school is able to notify the parent of the transportation and the pertinent circumstances;

(b) When the transportation is in connection with a school function or event regarding which the local school board or school has undertaken to participate or to sponsor or provide the participation of students, and the following conditions apply:

(i) The function or event is a single event that is not part of a scheduled series or sequence of events to the same location, such as, but not limited to, a field trip, a recreational outing, an interscholastic competition or cooperative event, an event connected with an extracurricular activity offered by the school, trips to and from school sites or agricultural education sites or for trips to and from agricultural education-related events or competitions, or an event connected to an educational program, such as, but not limited to, a job interview as part of a cooperative education program;

(ii) Transportation is not available, as a practical matter, using a school bus or school district passenger motor vehicle; and

(iii) Each student's parent is notified, in writing, regarding the transportation arrangement and gives written consent before a student is transported in a privately owned motor vehicle; and

(c) When a local school board requires employees such as school social workers, school guidance counselors and attendance officers to use their own motor vehicles to perform duties of employment, and such duties include the occasional transportation of students.

(4) When approval is granted for the transportation of students in a privately owned vehicle, the provisions of Section 11-49-9 regarding liability for tort claims are applicable. School board employees who provide approved transportation in privately owned vehicles are acting within the scope of their employment.

(5) Each local school board may establish policies that restrict the use of privately owned motor vehicles to circumstances that are more limited than are described in this section or that prohibit such use. Each school board may establish written policies that provide for more extensive requirements for approval, parental notification and consent procedures, insurance coverage, driver qualifications, or a combination of these.

(6) When transportation is authorized in privately owned vehicles, students may be transported only in designated seating positions and must use the occupant crash protection system provided by the vehicle manufacturer.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.