Keenan Briefings

Briefing

Pupil Transportation Driver Qualifications Q&A

In January, we published a briefing on SB 88: Pupil Transportation Driver Qualifications. As a reminder, this bill focuses on the qualifications and requirements for compensated drivers who provide pupil transportation services in California. SB 88 is set to be operative on July 1, 2025.

Since the briefing, there have been questions regarding the bill. Below are some of the most common inquiries.

Q1: Do the SB 88 training requirements apply to districts, or only to private entities?

SB 88 applies to all drivers hired for compensation, either hired by a school district or through a third-party company who provides transportation to students.

Q2: Who must provide the training?

This will depend on who is employing the drivers for compensation. When a Local Education Agency (LEA) employs a driver for compensation, the LEA must ensure compliance with the training. However, if the LEA contracts with a private entity that provides school related pupil transportation for compensation, then the private entity must provide the training. The LEA contracting with a private entity must obtain a written attestation from the private entity that (1) it does not have any applicable law violations at the time of applying for the contract, (2) it will maintain compliance with applicable laws for the duration of the contract, (3) only drivers who meet the requirements of paragraphs (1) to (14) of EC 39877, work, or will work, under the contract, and (4) the private entity has on file all the reports and documents required under paragraph (1) to (14) for the duration of the contact, including updated, revised, or modified reports and documents. The reports and documents shall be made available for inspection by the LEA or any other regulatory agency at any time.

Q3: What if an athletic coach drives students? Are they required to undergo SB 88 training?

Per EC 39875(d)(1)(2), school district employees are exempt from the requirements if the LEA makes a reasonable effort to secure a driver who meets the SB 88 requirement. However, the LEA must notify the parent/guardian that the driver does not meet the requirements, unless the notice will jeopardize a student’s privacy, then the school employee may provide the transportation, so long as 40 hours of drive time per school year, per employee are not exceeded.

Q4: Trainings are already being provided to school bus drivers. Do they have to undergo additional training?

Bus drivers must comply with the paragraphs (2) to (14) if they are not already required by law. However, compliance with SB 88 does not reduce any other legal requirements for any driver who provides transportation services for students in a vehicle with a capacity of more than 10 persons including but not limited to, a driver of a school bus or school student activity bus, EC 39878(c).

Furthermore, if additional requirements or trainings are required by the public utility commission, a LEA, or any governmental agency, SB 88 does not limit nor reduce those requirements or trainings.

Q5: Can the trainings be provided online in lieu of in person?

There are two sets of training requirements EC 39877(a)(12) and EC 39877(a)(14). These trainings can be provided in-person or online, or in a hybrid of both to be compliant. However, keep in mind that some first aid trainings may require an in person component to them. The training’s goal is for the drivers to gain proficiency in the mentioned topics. However, there may be additional training requirements by the California Highway Patrol and the California Department of Education that LEAs should be aware of, specifically for vehicles of 10 or more passengers. Nevertheless, LEAs should make sure to keep records of their driver’s completed trainings. If the LEA is not providing the training, they should make sure to obtain the written attestation from the private entity that the drivers are compliant with SB 88.

For information on how Keenan SafeSchools can support both in person and online training recordkeeping, please reach out to your Keenan representative.

Keenan is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Clients are advised to consult with their own attorney for a determination of their legal rights, responsibilities, and liabilities, including the interpretation of any statute or regulation, or its application to the clients’ business activities.