Keenan Briefings

Briefing

Understanding SB 88: Updated FAQs for School Districts

As of July 1, 2025, all California school districts are required to comply with the new SB 88 driver requirements for transporting students. Earlier this year, we released a Q&A to help districts navigate the initial stages of implementation. Since then, additional questions have emerged as districts work to align with the new standards.

To support continued compliance and clarity, we’ve compiled a new set of frequently asked questions based on the latest inquiries. The following information is intended to assist school districts in effectively implementing SB 88 and ensuring student transportation remains safe and legally compliant.

Q1: Is the training for bus drivers and the compensated driver training under SB 88 the same training?

Answer: The training requirements under SB 88 are not identical but should be similar. The training requirements under SB 88 require training sufficient to grain proficiency in pre-trip vehicle inspections, safe loading and unloading of passengers, proper use of seatbelts and child safety restraint, handling accidents, incidents, and emergency situations, providing proper accommodations for students with disabilities, defense driving, operations in inclement weather, operations at night or under impaired visibility conditions. It also requires completion of a first aid training program equivalent to that of the American Red Cross first aid training program, if the driver does not hold a valid first aid certificate.

As such, bus drivers must comply with paragraphs (2) to (14) of Education Code 39877, if not already required in their bus driver training.

Q2: Is there a time requirement for the SB 88 training?

Answer: The Education Code does not specify a fixed number of hours for SB 88 compliance training for compensated drivers. Instead, SB 88 requires the driver to complete the initial and subsequent training to gain proficiency in the required topics.

Q3: Does driving a vehicle with a capacity of more than 10 people require bus driver qualifications?

Answer: Where a driver is providing transportation for students in a vehicle with a capacity of more than 10 persons, including the driver, the driver is required to:

• Hold a valid California commercial driver’s license for the appropriate class of vehicle, endorsed for passenger transportation pursuant to Vehicle Code 15278, which includes a school bus or a passenger transportation vehicle designed to carry more than 10 persons including the driver.
• Comply with paragraphs (2) to (14) of the Education Code 39877, if not already required by law.
• SB 88 does not reduce any other legal requirements on a driver providing transportation for students with 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.

Q4: Are the districts required to keep records of driver qualifications and trainings? What if a district contracts with an outside agency to provide student transportation?

Answer: There is no specific record keeping requirement under SB 88 for districts, however, it is recommended that districts keep driver qualification and vehicle inspection records as to prove that the hired compensated drivers and the vehicles used comply with the SB 88 requirements.

Where the district contracts with a private entity to provide student transportation, the district shall obtain from the private entity a written attestation of the following:

• That the private entity does not have any applicable law violations at the time of applying for the contract.
• That the private entity maintains compliant with applicable laws for the duration of the contract.
• That only drivers who meet the requirements of SB 88 work, or will work, under the contract between the private entity and the local educational agency.
• That it has on file all the reports and documents required for compliance of SB 88, for the duration of the contract, including, but not limited to, updated, revised or modified reports and documents.

The reports and documents are to be made available for inspection by the Local Education Agency (LEA) or any other state regulatory agency at any time.  

Q5: Some districts hire mechanics for their vehicle fleets. Can we use our mechanics to inspect the vehicles to be used to transport students under SB 88?

Answer: Any vehicles used to provide student transportation for compensation by a LEA is to be inspected every 12 months or every 50,000 miles, whichever comes first, at a facility licensed by the Bureau of Automotive Repair (BAR) to ensure the vehicle passes a 19-point inspection. As such, unless the LEA’s automotive facility is licensed by the BAR, then a LEA’s mechanic cannot inspect the vehicle.

However, vehicles owned or contracted with a LEA already subject to a statutory inspection program do not need to go undergo another inspection. This will generally apply to school buses. However, it is recommended that the LEA keep a record of any inspection done to a vehicle.

Q6: Does SB 88 apply to volunteers who are driving students?

Answer: SB 88 is vague on this point as the Education Code is only mentioning compensated drivers. Ed. Code 39875 states, “…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.”

However, if a volunteer is used, districts should still make reasonable efforts to find a driver that meets the requirements of SB 88 and furthermore should notify parents that the volunteer driver does not meet the requirements of SB 88.

Q7: Does the district have to cancel a contract with a private entity that was already in place prior to July 1, 2025?

Answer: If the contract was entered between the district and the private entity before January 1, 2024, then the implementation of SB 88 requirements will not apply until the end of the contract.

If you have any questions regarding this briefing, 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.