Franklin-McKinley ESD | AR 3541.1 Business and Noninstructional Operations
Transportation For School-Related Trips
The district may provide transportation for students, employees, and other individuals for field trips and other school-related trips approved according to both Board Policy and Administrative Regulation.
(cf. 3312.2 - Educational Travel Program Contracts)
(cf. 3540 - Transportation)
(cf. 3541 - Transportation Routes and Services)
(cf. 6153 - School-Sponsored Trips)
The Superintendent or designee shall determine the most appropriate and cost-effective mode of transportation for each approved trip. He/she may authorize the use of district vehicles, contract to provide transportation, or arrange transportation by the use of other vehicles.
The Superintendent or designee shall ensure that the district or contractor has sufficient liability insurance for transportation on school-related trips.
All vehicles for hire must be Special Passenger Activity Bus (SPAB) certified.
(cf. 3530 - Risk Management/Insurance)
When district transportation is provided, students may be released from using district transportation only with the advance written permission of their parents/guardians.
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. 1230 - School-Connected Organizations)
(cf. 5131.1 - Bus Conduct)
Transportation by Private Vehicle
The Superintendent or designee may authorize the transportation of students by private vehicle when the vehicle is driven by an adult age 21 or older who possesses a valid California driver's license or, if he/she is a nonresident on active military duty in California, possesses a valid license from his/her state of residence.
To be approved, a driver, both District and non-District personnel volunteering, shall have a satisfactory driving record and pass a fingerprint screening in addition to providing evidence of the minimum insurance required by Franklin-McKinley School District. Approved driver's name will be screened and verified of not being on Megan's Law list. Any person providing transportation to district students in a private vehicle shall register with the district for such purposes.
(cf. 1240 - Volunteer Assistance)
Satisfactory Driving Record Defined
Driving record shall be established based upon information from the California Department of Motor Vehicle (DMV) and records of the District.
The following shall be the definition of a Satisfactory Driving Record:
* No more than 4 points shall be allowed over a 12-month period, 6 points over a 24-month period, and no more than 8 points shall be allowed over a 36-month period.
Points are charged as follows:
* One Point per Moving Violation (i.e., speeding, traffic light, stop for bus, following too closely, etc.)
* Two Points per Accident (all accidents are chargeable subject to review and determination by District)
* Four Points per Driving Under the Influence (DUI), Reckless Driving, Suspended/Revoked License, Display of Speed, Open Container, etc.
Drivers, both District and non-District personnel volunteering, shall receive Driver Instructions/Vehicle Safety Checklist (DIVSC) and DIVSC Form which shall be kept in their vehicle on the day of event. At the end of the event and after the return of student passenger(s), all documents relating to the event must be returned to the trip organizer for District record-keeping.
A. Specific Parental Permission:
* If students are transported by adult volunteer drivers, written parental permission to ride with a designated volunteer driver must be obtained from all students who will ride with the volunteer driver. Teachers shall ensure that each driver has a copy of the permission slip for each student riding in his/her vehicle.
B. For driver (both District and non-District personnel volunteering) selection, screening and training confirm that drivers:
* Are at least 21 years old;
* Have a valid driver's license;
* Are not on Megan's Law list and have passed a fingerprint screening;
* Have completed the Driver Instructions/Vehicle Safety Checklist (DIVSC) Form;
* Complete the Motor Vehicle Record (MVR) Request Form and fax directly to Business Services, (408) 283-6024. Driving record shall be based upon information from the California Department of Motor Vehicle (DMV) and records of the District. Allowance for a minimum of twenty (20) business days for a response to a submission or thirty (30) business days for overnight trips; and
* A driver, District or non-District personnel volunteering, should not be allowed to drive on District business prior to notification of an acceptable record.
C. Vehicle Insurance Requirements:
* Franklin-McKinley School District requires that private vehicle drivers, both District and non-District personnel volunteering, provide proof of vehicle insurance with minimum liability limits of $100,000 per person/$300,000 per accident and $50,000 property damage.
* Approved driver understands that the vehicle's liability insurance is primary and the District's insurance is secondary.
* District and non-District drivers and their insurance carriers are responsible for any damage or injuries that result from the negligent or wrongful act or omission in the operation of the vehicle while on school-related trip (See California Vehicle Code Section 17150). The District provides no liability coverage whatsoever for the vehicle operator, passengers or others.
D. Vehicle Inspection Requirements:
* Both driver and Administrator should check the approved copy of the Driver Instructions/Vehicle Safety Checklist (DIVSC) Form on the day of the trip.
E. 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 and passengers will be provided and utilize a properly installed seat belt device which meets or exceeds Federal and State seat belt safety requirements.
F. No driver, District or non-District personnel volunteering, may transport children (other than their own children) on school-related business in a privately owned vehicle without the appropriate registration and approval of Driver Instructions/Vehicle Safety Checklist (DIVSC) Form. (See E 3541.1)
G. 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.
H. In no event shall a site administrator approve the transport of a minor without the consent of their parent or legal guardian.
I. 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)
Passenger Restraint Systems
All drivers, both District and non-District personnel volunteering, shall wear safety belts and shall ensure that all passengers are properly secured in seat belts or child passenger restraint systems in accordance with law. (Vehicle Code 27315, 27360, 27360.5, 27363)
A child who is under age 8 years shall be properly secured in a rear seat in an appropriate child passenger restraint system meeting federal safety standards, except under any of the following circumstances: (Vehicle Code 27360, 27363)
1. The child is four feet nine inches or taller, in which case a safety belt may be used.
2. Use of a child passenger restraint system would be impractical by reason of physical unfitness, medical condition, or size and an appropriate special needs child passenger restraint system is not available.
3. There is no rear seat, the rear seats are side-facing jump seats or rear-facing seats, the child passenger restraint system cannot be installed properly in the rear seat, all rear seats are already occupied by children under age 8 years, or medical reasons necessitate that the child not ride in the rear seat.
4. The child is otherwise exempted by law.
Legal Reference:
EDUCATION CODE
35330 Excursions and field trips
35332 Transportation by air
39830 School bus
39830.1 School pupil activity bus
39860 Transportation to special activities by district
44808 Liability when students not on school property
HEALTH AND SAFETY CODE
118947-118949 Prohibition against smoking in motor vehicle with minor
PUBLIC UTILITIES CODE
5384.2 District not liable for charter-party carrier
VEHICLE CODE
545 School bus, definition
12814.6 Limitations of provisional driver's license
17150 Liability of car owner
27315 Mandatory use of seat belts in private passenger vehicles
27360-27360.5 Child passenger restraint systems
27363 Child passenger restraint systems, exemptions
Management Resources:
WEB SITES
California Department of Motor Vehicles: http://www.dmv.ca.gov
California Highway Patrol: http://www.chp.ca.gov
California Office of Traffic Safety: http://www.ots.ca.gov
National Highway Traffic Safety Administration: http://www.nhtsa.dot.gov
Regulation FRANKLIN-MCKINLEY SCHOOL DISTRICT
approved: March 27, 2012 San Jose, California
revised: June 26, 2018