California Education Code 39875 – (a) Except as provided pursuant to subdivisions (b) to (g), …
(a) Except as provided pursuant to subdivisions (b) to (g), inclusive, this article shall apply to all drivers employed by a local educational agency, contracted by a local educational agency, or contracted by any entity with funding from a local educational agency, providing school-related pupil transportation for compensation.
(b) Nothing in this article shall be construed to apply to a driver employed by any of the following:
Terms Used In California Education Code 39875
- Congregate care facility: means a community care facility, intermediate care facility, skilled nursing facility, or a short-term residential therapeutic program. See California Education Code 39881
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Local educational agency: means a school district, county office of education, charter school, entity providing services under a school transportation joint powers agreement, or regional occupational center or program. See California Education Code 39881
- Municipally owned transit system: means a transit system owned by a city, or by a district created pursuant to Part 1 (commencing with Section 24501) of Division 10 of . See California Education Code 39881
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- School-related pupil transportation: means home-to-school transportation, field trips, after school program-related transportation, preschool and childcare-related transportation, athletic program-related transportation, extracurricular school activity-related transportation, or any transportation of pupils to or from a school campus. See California Education Code 39881
- Supplementary service: means additional service provided by a municipally owned transit system for the purpose of ensuring the regular transit service is not impacted by large loads associated with pupil passengers traveling to or from schoolsites around school bell times. See California Education Code 39881
(1) A municipally owned transit system offering supplementary service.
(2) A congregate care facility licensed by the State Department of Social Services.
(3) A county human services agency.
(4) An entity, excluding entities with a primary purpose of providing transportation services, serving pupils experiencing homelessness that is coordinated with the homeless continuum of care in counties that have one or otherwise designated to serve children who are homeless by a county without a continuum of care.
(5) A county probation agency.
(6) Another government agency, other than a local educational agency.
(7) A foster family agency, as defined in paragraph (4) of subdivision (a) of § 1502 of the Health and Safety Code.
(8) A tribal authority.
(c) Nothing in this article shall be construed to apply to any of the following persons who are compensated to drive a pupil:
(1) A parent or relative as defined in paragraph (2) of subdivision (c) of § 361.3 of the Welfare and Institutions Code, or a nonrelative extended family member as defined in § 362.7 of the Welfare and Institutions Code.
(2) A guardian.
(3) A caregiver given temporary or permanent custody of the pupil by a court, child welfare agency, tribal authority, or county probation department.
(4) A court-appointed educational rights holder.
(5) A court-appointed special advocate.
(6) A pupil who drives themself.
(d) If both of the following occur, nothing in this article shall be construed to apply to a school employee of a local educational agency when the employee provides transportation to pupils due to or because of the employee’s supervision of pupils for a field trip, extracurricular activity, or athletic program, or when the employee provides transportation to pupils for other activities, not to exceed 40 hours of drive time per school year per employee:
(1) A local educational agency makes a reasonable effort to secure a driver who meets the requirements of this article.
(2) When a local educational agency is unable to secure a driver who meets the requirements of this article, the local educational agency informs the parent, guardian, or court-appointed educational rights holder of the pupil being transported that the driver transporting their pupil does not meet the requirements of this article, unless that notice will jeopardize a pupil’s privacy rights.
(e) Nothing in this article shall be construed to apply to a driver who transports a pupil who must be immediately transported to a facility in the case of a medical or psychiatric emergency, or in the case of pupils who need to be transported immediately as the result of an emergency that arises as a result of a fire, flood, earthquake, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or because of an immediate threat to the physical safety of the pupil or pupils. The exemption pursuant to this subdivision involving an epidemic shall only apply to each epidemic for a period lasting no longer than one month.
(f) Nothing in this article shall be construed to apply to a driver who transports a pupil if the transportation is being provided through a Foster Youth Services Coordinating Program while a pupil’s transportation plan is being finalized. The exemption pursuant to this subdivision shall apply for a period lasting no longer than one month after the first ride is provided to that pupil under this exemption.
(g) Nothing in this article shall be construed to apply to a driver during a trip for which they are authorized by the local educational agency to transport one or more pupils for a field trip when the destination is more than 200 miles from the transported pupil’s California school campus.
(Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.)