California Education Code 39879 – (a) Any local educational agency contracting with a private …
(a) Any local educational agency contracting with a private entity to provide pupil transportation shall obtain from the private entity a written attestation to all of the following:
(1) That it not have any applicable law violations at the time of applying for the contract.
Terms Used In California Education Code 39879
- Allegation: something that someone says happened.
- Applicable law: means applicable California laws within the Labor and Workforce Development Agency's jurisdiction related to the misclassification of employees as independent contractors, including the failure to pay wages, imposing unlawful expenses on employees, failure to provide workers' compensation insurance, and failure to remit payroll taxes as required under the Unemployment Insurance Code as well as laws protecting worker health and safety. See California Education Code 39881
- Contract: A legal written agreement that becomes binding when signed.
- 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
(2) That it will maintain compliance with applicable laws for the duration of the contract.
(3) That only drivers who meet the requirements of paragraphs (1) to (14), inclusive, of subdivision (a) of Section 39877 work, or will work, under the contract between the private entity and local educational agency.
(4) That it has on file all the reports and documents required pursuant to paragraphs (1) to (14), inclusive, of subdivision (a) of Section 39877 for the duration of the contract, including, but not limited to, updated, revised, or modified reports and documents. These reports and documents shall be available for inspection by the local educational agency or any other state regulatory agency at any time.
(b) A third party may report to the relevant local educational agency that the private entity the local educational agency contracted with has failed to provide a truthful attestation as required under subdivision (a) or has failed to maintain compliance with the applicable laws required for the duration of the contract. The third party shall provide documentation to substantiate their allegation before the local educational agency considers it.
(c) Any vehicle used to provide pupil transportation for compensation by a local educational agency shall meet both of the following:
(1) Be inspected every 12 months, or every 50,000 miles, whichever comes first, at a facility licensed by the Bureau of Automotive Repair to ensure that the vehicle passes a 19-point vehicle inspection, as adopted by the Public Utilities Commission and set forth in D.13-09-045, before allowing the vehicle to be driven. This requirement does not apply to vehicles owned or contracted with a local educational agency already subject to a statutory inspection program.
(2) Be equipped with a first aid kit and a fire extinguisher.
(Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.)