39800. (a) The governing board of any school district may provide
for the transportation of pupils to and from school whenever in the
judgment of the board the transportation is advisable and good
reasons exist therefor. The governing board may purchase or rent and
provide for the upkeep, care, and operation of vehicles, or may
contract and pay for the transportation of pupils to and from school
by common carrier or municipally owned transit system, or may
contract with and pay responsible private parties for the
transportation. These contracts may be made with the parent or
guardian of the pupil being transported. A governing board may allow
the transportation of preschool or nursery school pupils in
schoolbuses owned or operated by the district. A state reimbursement
may not be received by a district for the transportation of preschool
or nursery school pupils.
(b) As used in this article, "municipally owned transit system"
means a transit system owned by a city, or by a district created
under Part 1 (commencing with Section 24501) of Division 10 of the
Public Utilities Code.
39800.5. (a) Any school district and any owner or operator of a
private school that provides transportation for pupils that owns,
leases, or otherwise has possession or control of a 15-passenger van,
may not, on or after January 1, 2005, authorize the operation of
that van for the purpose of transporting passengers unless the person
driving or otherwise operating that van has both of the following:
(1) A valid class B driver's license, as provided in Division 6
(commencing with Section 12500) of the Vehicle Code, issued by the
Department of Motor Vehicles.
(2) An endorsement for operating a passenger transportation
vehicle, as provided in Article 6 (commencing with Section 15275) of
Chapter 7 of Division 6 of the Vehicle Code, issued by the Department
of Motor Vehicles.
(b) (1) Except as provided in paragraph (2), for purposes of this
section, a "15-passenger van" means any van manufactured to
accommodate 15 passengers, including the driver, regardless of
whether that van has been altered to accommodate fewer than 15
passengers.
(2) For purposes of this section, a "15-passenger van" does not
mean a 15-passenger van with dual rear wheels that has a gross weight
rating equal to, or greater than, 11,500 pounds.
39801. The governing board of any school district may contract with
the county superintendent of schools to provide necessary
transportation services. The county superintendent of schools, acting
pursuant to the contract, shall have all the powers and duties
granted to governing boards by this article.
39801.5. (a) The governing board of any school district may
contract for the transportation of matriculated or enrolled adults,
or provide transportation to adults in district-owned equipment for
educational purposes other than to and from school.
(b) Any district that contracts to provide or provides
transportation to adults pursuant to this section may charge adults
all or part of the costs of contracting for or providing
transportation services.
39802. In order to procure the service at the lowest possible
figure consistent with proper and satisfactory service, the governing
board shall, whenever an expenditure of more than ten thousand
dollars ($10,000) is involved, secure bids pursuant to Sections 20111
and 20112 of the Public Contract Code whenever it is contemplated
that a contract may be made with a person or corporation other than a
common carrier or a municipally owned transit system or a parent or
guardian of the pupils to be transported. The governing board may let
the contract for the service to other than the lowest bidder.
39803. (a) If a continuing contract for the furnishing of
transportation of pupils in school districts to and from school is
made it shall be made for a term not to exceed five years. A contract
is renewable at the option of the school district and the party
contracting to provide transportation services, jointly, at the end
of the term of the contract. The contract as renewed shall include
all of the terms and conditions of the previous contract, including
any provisions increasing rates based on increased costs.
(b) A continuing contract may be made for the lease or rental of
schoolbuses, not to exceed five years, except that if a lease or
rental contract provides that the district may exercise an option
either to purchase the buses or to cancel the lease at the end of
each annual period during the period of the contract, the contract
may be made for a term not to exceed 10 years.
(c) Notwithstanding any other provisions of law to the contrary, a
continuing contract executed under the provisions of this section
may be negotiated annually within the contract period when economic
factors indicate negotiation is necessary to maintain an equitable
pricing structure. Renegotiation is subject to the approval of both
contracting parties.
(d) Any rental, lease, or lease-purchase of a schoolbus shall
comply with all applicable provisions of Article 3 (commencing with
Section 17450) of Chapter 4 of Part 10.5.
39805. In bidding on contracts to be made pursuant to Section
39803, bidders may include in their bids abstractions of their
quotations indicating the pricing structure used to compute the
annual lease or rental payments for the sole purpose of identifying
that portion of each annual lease or rental payment which may
represent tax exemption reimbursement to the vendor, lessor or to
their assignees.
39806. In lieu of providing in whole or in part for the
transportation of a pupil attending the schools of a district, the
governing board may pay to the parents or guardian of the pupil a sum
not to exceed the cost of actual and necessary travel incurred in
transporting the pupil to and from the regular day schools of the
district. A payment may not be made pursuant to this section unless
it will be more economical to make the payments than to provide for
said transportation.
39807. In lieu of furnishing transportation to pupils attending the
schools of a school district, the governing board may pay to the
parents or guardian of each pupil the cost of food and lodging of the
pupil at a place convenient to the schools. The amount paid on
account of each pupil may not exceed the estimated cost to the
district of providing for the transportation of the pupil to and from
his or her home and the school he or she attends.
39807.5. (a) When the governing board of a school district provides
for the transportation of pupils to and from schools in accordance
with Section 39800, or between the regular full-time day schools they
would attend and the regular full-time occupational training classes
attended by them as provided by a regional occupational center or
program, the governing board of the district may require the parents
and guardians of all or some of the pupils transported, to pay a
portion of the cost of this transportation in an amount determined by
the governing board.
(b) The amount determined by the governing board shall be no
greater than the statewide average nonsubsidized cost of providing
this transportation to a pupil on a publicly owned or operated
transit system as determined by the Superintendent, in cooperation
with the Department of Transportation.
(c) For purposes of this section, "nonsubsidized cost" means
actual operating costs less federal subventions.
(d) The governing board shall exempt from these charges pupils of
parents and guardians who are indigent as set forth in rules and
regulations adopted by the board.
(e) A charge under this section may not be made for the
transportation of individuals with exceptional needs as defined in
Section 56026.
(f) Nothing in this section shall be construed to sanction,
perpetuate, or promote the racial or ethnic segregation of pupils in
the schools.
39808. (a) The governing board of any school district may allow a
pupil entitled to attend the school of the district, but who, under
Section 48222, attends a school other than a public school to be
transported upon the same terms, in the same manner, and over the
same routes of travel as is permitted pupils attending the district
school.
(b) The allowance provided for in this section shall be restricted
to actual transportation when furnished by the district to pupils
attending the district school, and nothing in this section shall be
construed to authorize or permit in lieu of transportation payments
of money to parents or guardians of pupils attending private schools.
39809.5. (a) The sum of the state aid received and the parent fees
collected in a fiscal year may not exceed actual operating cost of
home-to-school transportation in that fiscal year.
(b) If excess fees are collected due to errors in estimated costs,
fees shall be reduced in succeeding years.
(c) The governing board shall certify to the county superintendent
that districts have levied fees in accordance with law, and that
fees have been reduced and excess fee revenue eliminated whenever
excess fees have been charged.
39800. (a) The governing board of any school district may provide
for the transportation of pupils to and from school whenever in the
judgment of the board the transportation is advisable and good
reasons exist therefor. The governing board may purchase or rent and
provide for the upkeep, care, and operation of vehicles, or may
contract and pay for the transportation of pupils to and from school
by common carrier or municipally owned transit system, or may
contract with and pay responsible private parties for the
transportation. These contracts may be made with the parent or
guardian of the pupil being transported. A governing board may allow
the transportation of preschool or nursery school pupils in
schoolbuses owned or operated by the district. A state reimbursement
may not be received by a district for the transportation of preschool
or nursery school pupils.
(b) As used in this article, "municipally owned transit system"
means a transit system owned by a city, or by a district created
under Part 1 (commencing with Section 24501) of Division 10 of the
Public Utilities Code.
39800.5. (a) Any school district and any owner or operator of a
private school that provides transportation for pupils that owns,
leases, or otherwise has possession or control of a 15-passenger van,
may not, on or after January 1, 2005, authorize the operation of
that van for the purpose of transporting passengers unless the person
driving or otherwise operating that van has both of the following:
(1) A valid class B driver's license, as provided in Division 6
(commencing with Section 12500) of the Vehicle Code, issued by the
Department of Motor Vehicles.
(2) An endorsement for operating a passenger transportation
vehicle, as provided in Article 6 (commencing with Section 15275) of
Chapter 7 of Division 6 of the Vehicle Code, issued by the Department
of Motor Vehicles.
(b) (1) Except as provided in paragraph (2), for purposes of this
section, a "15-passenger van" means any van manufactured to
accommodate 15 passengers, including the driver, regardless of
whether that van has been altered to accommodate fewer than 15
passengers.
(2) For purposes of this section, a "15-passenger van" does not
mean a 15-passenger van with dual rear wheels that has a gross weight
rating equal to, or greater than, 11,500 pounds.
39801. The governing board of any school district may contract with
the county superintendent of schools to provide necessary
transportation services. The county superintendent of schools, acting
pursuant to the contract, shall have all the powers and duties
granted to governing boards by this article.
39801.5. (a) The governing board of any school district may
contract for the transportation of matriculated or enrolled adults,
or provide transportation to adults in district-owned equipment for
educational purposes other than to and from school.
(b) Any district that contracts to provide or provides
transportation to adults pursuant to this section may charge adults
all or part of the costs of contracting for or providing
transportation services.
39802. In order to procure the service at the lowest possible
figure consistent with proper and satisfactory service, the governing
board shall, whenever an expenditure of more than ten thousand
dollars ($10,000) is involved, secure bids pursuant to Sections 20111
and 20112 of the Public Contract Code whenever it is contemplated
that a contract may be made with a person or corporation other than a
common carrier or a municipally owned transit system or a parent or
guardian of the pupils to be transported. The governing board may let
the contract for the service to other than the lowest bidder.
39803. (a) If a continuing contract for the furnishing of
transportation of pupils in school districts to and from school is
made it shall be made for a term not to exceed five years. A contract
is renewable at the option of the school district and the party
contracting to provide transportation services, jointly, at the end
of the term of the contract. The contract as renewed shall include
all of the terms and conditions of the previous contract, including
any provisions increasing rates based on increased costs.
(b) A continuing contract may be made for the lease or rental of
schoolbuses, not to exceed five years, except that if a lease or
rental contract provides that the district may exercise an option
either to purchase the buses or to cancel the lease at the end of
each annual period during the period of the contract, the contract
may be made for a term not to exceed 10 years.
(c) Notwithstanding any other provisions of law to the contrary, a
continuing contract executed under the provisions of this section
may be negotiated annually within the contract period when economic
factors indicate negotiation is necessary to maintain an equitable
pricing structure. Renegotiation is subject to the approval of both
contracting parties.
(d) Any rental, lease, or lease-purchase of a schoolbus shall
comply with all applicable provisions of Article 3 (commencing with
Section 17450) of Chapter 4 of Part 10.5.
39805. In bidding on contracts to be made pursuant to Section
39803, bidders may include in their bids abstractions of their
quotations indicating the pricing structure used to compute the
annual lease or rental payments for the sole purpose of identifying
that portion of each annual lease or rental payment which may
represent tax exemption reimbursement to the vendor, lessor or to
their assignees.
39806. In lieu of providing in whole or in part for the
transportation of a pupil attending the schools of a district, the
governing board may pay to the parents or guardian of the pupil a sum
not to exceed the cost of actual and necessary travel incurred in
transporting the pupil to and from the regular day schools of the
district. A payment may not be made pursuant to this section unless
it will be more economical to make the payments than to provide for
said transportation.
39807. In lieu of furnishing transportation to pupils attending the
schools of a school district, the governing board may pay to the
parents or guardian of each pupil the cost of food and lodging of the
pupil at a place convenient to the schools. The amount paid on
account of each pupil may not exceed the estimated cost to the
district of providing for the transportation of the pupil to and from
his or her home and the school he or she attends.
39807.5. (a) When the governing board of a school district provides
for the transportation of pupils to and from schools in accordance
with Section 39800, or between the regular full-time day schools they
would attend and the regular full-time occupational training classes
attended by them as provided by a regional occupational center or
program, the governing board of the district may require the parents
and guardians of all or some of the pupils transported, to pay a
portion of the cost of this transportation in an amount determined by
the governing board.
(b) The amount determined by the governing board shall be no
greater than the statewide average nonsubsidized cost of providing
this transportation to a pupil on a publicly owned or operated
transit system as determined by the Superintendent, in cooperation
with the Department of Transportation.
(c) For purposes of this section, "nonsubsidized cost" means
actual operating costs less federal subventions.
(d) The governing board shall exempt from these charges pupils of
parents and guardians who are indigent as set forth in rules and
regulations adopted by the board.
(e) A charge under this section may not be made for the
transportation of individuals with exceptional needs as defined in
Section 56026.
(f) Nothing in this section shall be construed to sanction,
perpetuate, or promote the racial or ethnic segregation of pupils in
the schools.
39808. (a) The governing board of any school district may allow a
pupil entitled to attend the school of the district, but who, under
Section 48222, attends a school other than a public school to be
transported upon the same terms, in the same manner, and over the
same routes of travel as is permitted pupils attending the district
school.
(b) The allowance provided for in this section shall be restricted
to actual transportation when furnished by the district to pupils
attending the district school, and nothing in this section shall be
construed to authorize or permit in lieu of transportation payments
of money to parents or guardians of pupils attending private schools.
39809.5. (a) The sum of the state aid received and the parent fees
collected in a fiscal year may not exceed actual operating cost of
home-to-school transportation in that fiscal year.
(b) If excess fees are collected due to errors in estimated costs,
fees shall be reduced in succeeding years.
(c) The governing board shall certify to the county superintendent
that districts have levied fees in accordance with law, and that
fees have been reduced and excess fee revenue eliminated whenever
excess fees have been charged.
39800. (a) The governing board of any school district may provide
for the transportation of pupils to and from school whenever in the
judgment of the board the transportation is advisable and good
reasons exist therefor. The governing board may purchase or rent and
provide for the upkeep, care, and operation of vehicles, or may
contract and pay for the transportation of pupils to and from school
by common carrier or municipally owned transit system, or may
contract with and pay responsible private parties for the
transportation. These contracts may be made with the parent or
guardian of the pupil being transported. A governing board may allow
the transportation of preschool or nursery school pupils in
schoolbuses owned or operated by the district. A state reimbursement
may not be received by a district for the transportation of preschool
or nursery school pupils.
(b) As used in this article, "municipally owned transit system"
means a transit system owned by a city, or by a district created
under Part 1 (commencing with Section 24501) of Division 10 of the
Public Utilities Code.
39800.5. (a) Any school district and any owner or operator of a
private school that provides transportation for pupils that owns,
leases, or otherwise has possession or control of a 15-passenger van,
may not, on or after January 1, 2005, authorize the operation of
that van for the purpose of transporting passengers unless the person
driving or otherwise operating that van has both of the following:
(1) A valid class B driver's license, as provided in Division 6
(commencing with Section 12500) of the Vehicle Code, issued by the
Department of Motor Vehicles.
(2) An endorsement for operating a passenger transportation
vehicle, as provided in Article 6 (commencing with Section 15275) of
Chapter 7 of Division 6 of the Vehicle Code, issued by the Department
of Motor Vehicles.
(b) (1) Except as provided in paragraph (2), for purposes of this
section, a "15-passenger van" means any van manufactured to
accommodate 15 passengers, including the driver, regardless of
whether that van has been altered to accommodate fewer than 15
passengers.
(2) For purposes of this section, a "15-passenger van" does not
mean a 15-passenger van with dual rear wheels that has a gross weight
rating equal to, or greater than, 11,500 pounds.
39801. The governing board of any school district may contract with
the county superintendent of schools to provide necessary
transportation services. The county superintendent of schools, acting
pursuant to the contract, shall have all the powers and duties
granted to governing boards by this article.
39801.5. (a) The governing board of any school district may
contract for the transportation of matriculated or enrolled adults,
or provide transportation to adults in district-owned equipment for
educational purposes other than to and from school.
(b) Any district that contracts to provide or provides
transportation to adults pursuant to this section may charge adults
all or part of the costs of contracting for or providing
transportation services.
39802. In order to procure the service at the lowest possible
figure consistent with proper and satisfactory service, the governing
board shall, whenever an expenditure of more than ten thousand
dollars ($10,000) is involved, secure bids pursuant to Sections 20111
and 20112 of the Public Contract Code whenever it is contemplated
that a contract may be made with a person or corporation other than a
common carrier or a municipally owned transit system or a parent or
guardian of the pupils to be transported. The governing board may let
the contract for the service to other than the lowest bidder.
39803. (a) If a continuing contract for the furnishing of
transportation of pupils in school districts to and from school is
made it shall be made for a term not to exceed five years. A contract
is renewable at the option of the school district and the party
contracting to provide transportation services, jointly, at the end
of the term of the contract. The contract as renewed shall include
all of the terms and conditions of the previous contract, including
any provisions increasing rates based on increased costs.
(b) A continuing contract may be made for the lease or rental of
schoolbuses, not to exceed five years, except that if a lease or
rental contract provides that the district may exercise an option
either to purchase the buses or to cancel the lease at the end of
each annual period during the period of the contract, the contract
may be made for a term not to exceed 10 years.
(c) Notwithstanding any other provisions of law to the contrary, a
continuing contract executed under the provisions of this section
may be negotiated annually within the contract period when economic
factors indicate negotiation is necessary to maintain an equitable
pricing structure. Renegotiation is subject to the approval of both
contracting parties.
(d) Any rental, lease, or lease-purchase of a schoolbus shall
comply with all applicable provisions of Article 3 (commencing with
Section 17450) of Chapter 4 of Part 10.5.
39805. In bidding on contracts to be made pursuant to Section
39803, bidders may include in their bids abstractions of their
quotations indicating the pricing structure used to compute the
annual lease or rental payments for the sole purpose of identifying
that portion of each annual lease or rental payment which may
represent tax exemption reimbursement to the vendor, lessor or to
their assignees.
39806. In lieu of providing in whole or in part for the
transportation of a pupil attending the schools of a district, the
governing board may pay to the parents or guardian of the pupil a sum
not to exceed the cost of actual and necessary travel incurred in
transporting the pupil to and from the regular day schools of the
district. A payment may not be made pursuant to this section unless
it will be more economical to make the payments than to provide for
said transportation.
39807. In lieu of furnishing transportation to pupils attending the
schools of a school district, the governing board may pay to the
parents or guardian of each pupil the cost of food and lodging of the
pupil at a place convenient to the schools. The amount paid on
account of each pupil may not exceed the estimated cost to the
district of providing for the transportation of the pupil to and from
his or her home and the school he or she attends.
39807.5. (a) When the governing board of a school district provides
for the transportation of pupils to and from schools in accordance
with Section 39800, or between the regular full-time day schools they
would attend and the regular full-time occupational training classes
attended by them as provided by a regional occupational center or
program, the governing board of the district may require the parents
and guardians of all or some of the pupils transported, to pay a
portion of the cost of this transportation in an amount determined by
the governing board.
(b) The amount determined by the governing board shall be no
greater than the statewide average nonsubsidized cost of providing
this transportation to a pupil on a publicly owned or operated
transit system as determined by the Superintendent, in cooperation
with the Department of Transportation.
(c) For purposes of this section, "nonsubsidized cost" means
actual operating costs less federal subventions.
(d) The governing board shall exempt from these charges pupils of
parents and guardians who are indigent as set forth in rules and
regulations adopted by the board.
(e) A charge under this section may not be made for the
transportation of individuals with exceptional needs as defined in
Section 56026.
(f) Nothing in this section shall be construed to sanction,
perpetuate, or promote the racial or ethnic segregation of pupils in
the schools.
39808. (a) The governing board of any school district may allow a
pupil entitled to attend the school of the district, but who, under
Section 48222, attends a school other than a public school to be
transported upon the same terms, in the same manner, and over the
same routes of travel as is permitted pupils attending the district
school.
(b) The allowance provided for in this section shall be restricted
to actual transportation when furnished by the district to pupils
attending the district school, and nothing in this section shall be
construed to authorize or permit in lieu of transportation payments
of money to parents or guardians of pupils attending private schools.
39809.5. (a) The sum of the state aid received and the parent fees
collected in a fiscal year may not exceed actual operating cost of
home-to-school transportation in that fiscal year.
(b) If excess fees are collected due to errors in estimated costs,
fees shall be reduced in succeeding years.
(c) The governing board shall certify to the county superintendent
that districts have levied fees in accordance with law, and that
fees have been reduced and excess fee revenue eliminated whenever
excess fees have been charged.
