Franklin-McKinley ESD | BP 3541.1 Business and Noninstructional Operations
The district may provide transportation in buses or other school or public transportation vehicles for field trips and excursions in connection with instruction or school-related social, educational, cultural, athletic or school band activities.
School-related organizations requesting transportation shall be fully responsible for the costs of their trips unless funding has been approved by the Governing Board.
(cf. 3541.1 - Transportation for School-Related Trips)
(cf. 3542 - School Bus Drivers)
(cf. 3543 - Transportation Safety and Emergencies)
(cf. 6153 - School-Sponsored Trips)
Transportation by Private Vehicle
The Superintendent or designee may authorize the transportation of students by private vehicle for approved field trips and activities when the vehicle is driven by an adult age 21 or older who has registered with the district for such purposes.
The registered owner of the non-District owned vehicle shall be responsible for damages incurred as a result of a negligent or wrongful act or omission in the operation of the motor vehicle while on school-related trips (See California Vehicle Code Section 17150). The District provides no liability coverage whatsoever for the vehicle operator, passengers or others.
All student passengers shall submit permission slips signed by their parents/guardians. Teachers shall ensure that each driver has a copy of the permission slip for each student riding in his/her vehicle.
The number of passengers, including the driver, shall not exceed the capacity for which the vehicle was designed. Trucks may not transport more persons than can safely sit in the passenger compartment. The driver
shall ensure that the manufacturer's recommendations for his/her vehicle are followed regarding the seating of children in seats equipped with airbags.
The driver or any other person shall not smoke or have in his/her immediate possession a lighted pipe, cigar, or cigarette containing tobacco or any other plant when there is a minor in the motor vehicle, whether the motor vehicle is in motion or at rest. (Health and Safety Code 118948)
No driver, District or non-District personnel volunteering, shall transport children on school-related business if that driver has consumed any alcoholic beverage or taken any drug that would inhibit the operator's driving ability in the preceding 24 hours.
The driver, District or non-District personnel volunteering, or any other person shall not smoke or have in his/her immediate possession a lighted pipe, cigar, or cigarette containing tobacco or any other plant when there is a minor in the motor vehicle, whether the motor vehicle is in motion or at rest. (Health and Safety Code 118948)
35330 Excursions and field trips
39830 School bus
39835 Use for community recreation
39837 Transportation of pupils to places of summer employment
39860 Transportation to special activities by district
44808 Liability when students not on school property
27315 Mandatory use of seat belts in private passenger vehicles
34501.6 School buses; reduced visibility
17150 Liability of car owner
Castro v. Los Angeles (1976) 54 Cal.App.3d 232
Salcedo v. Monterey County Office of Education (1992) 1 Cal.Rptr.2d 868
Hanson v. Reedley School District (1941) 43 Cal.App.2d 643
Lehmuth v. Long Beach Unified School District (1960) 53 Cal.App.2d 544
HEALTH AND SAFETY CODE
118947-118949 Prohibition against smoking in motor vehicle with minor
Policy FRANKLIN-MCKINLEY SCHOOL DISTRICT
adopted: June 26, 2018 San Jose, California