SENATE BILL 448
F1, R2 1lr1981
CF HB 72
By: Senator Edwards
Introduced and read first time: January 20, 2021
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
1 AN ACT concerning
2 County Boards of Education – Student Transportation – Vehicles
3 FOR the purpose of authorizing a county board of education to provide transportation to
4 and from school for certain students using a vehicle other than a certain type of
5 school vehicle under certain circumstances; requiring the State Department of
6 Education, in consultation with county boards of education and the Motor Vehicle
7 Administration, to adopt certain regulations; altering a certain definition; and
8 generally relating to vehicles for student transportation and county boards of
9 education.
10 BY repealing and reenacting, without amendments,
11 Article – Transportation
12 Section 11–154
13 Annotated Code of Maryland
14 (2020 Replacement Volume)
15 BY repealing and reenacting, with amendments,
16 Article – Education
17 Section 7–801
18 Annotated Code of Maryland
19 (2018 Replacement Volume and 2020 Supplement)
20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
21 That the Laws of Maryland read as follows:
22 Article – Transportation
23 11–154.
24 (a) “School vehicle” means, except as provided in subsection (b) of this section,
25 any motor vehicle that:
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0448*
2 SENATE BILL 448
1 (1) Is used regularly for the exclusive transportation of children, students,
2 or teachers for educational purposes or in connection with a school activity; and
3 (2) Is:
4 (i) A Type I school vehicle, as defined in this subtitle;
5 (ii) A Type II school vehicle, as defined in this subtitle; or
6 (iii) A vehicle that:
7 1. Was originally titled in another state and used to
8 transport children, students, or teachers for educational purposes or in connection with a
9 school activity in that state;
10 2. Complies with regulations on transporting children
11 enrolled in the federally funded Head Start Program adopted by the United States
12 Department of Health and Human Services; and
13 3. Is used only for transporting children to and from a Head
14 Start program.
15 (b) “School vehicle” does not include:
16 (1) A privately owned vehicle while it is carrying members of its owner’s
17 household and not operated for compensation; or
18 (2) A vehicle that is registered as a Class M (multipurpose) vehicle under
19 § 13–937 of this article or a Class A (passenger) vehicle under § 13–912 of this article and
20 used to transport children between one or more schools or licensed child care centers or to
21 and from designated areas that are approved by the Administration if:
22 (i) The vehicle is designed for carrying 15 persons or less, including
23 the driver;
24 (ii) The children are permitted to embark or exit the vehicle only at
25 a school or child care center or a designated area approved by the Administration;
26 (iii) The owner has obtained vehicle liability insurance or other
27 security as required by Title 17 of this article; and
28 (iv) The vehicle is equipped with proper seat belts or safety seats so
29 as to permit each child to be secured in a seat belt or a safety seat as required by §§
30 22–412.2 and 22–412.3 of this article.
31 Article – Education
SENATE BILL 448 3
1 7–801.
2 (a) (1) In this section the following words have the meanings indicated.
3 (2) (I) “Nonpublic school” means an elementary or secondary school [in
4 Calvert County that does not receive State aid] IN THE STATE THAT IS NOT PART OF THE
5 PUBLIC ELEMENTARY AND SECONDARY EDUCATION SYSTEM OF THIS STATE.
6 (II)
“NONPUBLIC SCHOOL” INCLUDES AN ELEMENTARY OR
7 SECONDARY SCHOOL IN CALVERT COUNTY THAT DOES NOT RECEIVE STATE AID.
8 (3) “Public school bus” includes any other conveyance used to transport
9 students to a public school.
10 (b) (1) At its own expense, a county governing body may provide
11 transportation for public school students in addition to the transportation provided by the
12 State.
13 (2) In Montgomery County, a fee may not be charged for transporting
14 public school students to school from their designated bus stop locations or from school to
15 their designated bus stop locations.
16 (C) (1) A COUNTY BOARD MAY PROVIDE TRANSPORTATION TO AND FROM
17 SCHOOL USING A VEHICLE OTHER THAN A TYPE I OR TYPE II SCHOOL VEHICLE, AS
18 DEFINED IN § 11–154 OF THE TRANSPORTATION ARTICLE, WHEN A SCHOOL
19 VEHICLE CANNOT REASONABLY BE PROVIDED FOR THE FOLLOWING PUBLIC
20 SCHOOL STUDENTS:
21 (I) PRESCHOOL–AGE STUDENTS;
22 (II) STUDENTS WITH DISABILITIES;
23 (III) HOMELESS YOUTH;
24 (IV) CHILDREN IN FOSTER CARE;
25 (V) STUDENTS WITHOUT ACCESS TO SCHOOL BUSES;
26 (VI) STUDENTS IN A NONPUBLIC SCHOOL PLACEMENT; OR
27 (VII) STUDENTS IN DUAL ENROLLMENT PROGRAMS, WORK
28 PROGRAMS, OR OTHER EDUCATIONAL PROGRAMS BASED OFF THE SCHOOL CAMPUS.
29 (2) A COUNTY BOARD MAY PROVIDE TRANSPORTATION IN
4 SENATE BILL 448
1 ACCORDANCE WITH THIS SUBSECTION TO A PARTICULAR STUDENT GROUP THAT IS
2 NOT LISTED UNDER PARAGRAPH (1) OF THIS SUBSECTION THROUGH A WRITTEN
3 DETERMINATION BY THE COUNTY BOARD.
4 (3) THE DEPARTMENT, IN CONSULTATION WITH COUNTY BOARDS
5 AND THE MOTOR VEHICLE ADMINISTRATION, SHALL ADOPT REGULATIONS
6 ESTABLISHING MINIMUM VEHICLE AND DRIVER SAFETY STANDARDS FOR
7 TRANSPORTATION PROVIDED IN ACCORDANCE WITH THIS SUBSECTION.
8 [(c)] (D) (1) Subject to the requirements of paragraph (2) of this subsection,
9 in Calvert County the county board may provide transportation to and from school on a
10 public school bus for a student who attends a nonpublic school.
11 (2) Transportation offered by the Calvert County Board under this section
12 shall be offered to a student attending a nonpublic school:
13 (i) If there is sufficient capacity on the school bus;
14 (ii) If the student resides on, along, or near a public highway in the
15 county on which a public school bus or conveyance operates;
16 (iii) If the student resides in the public school transportation district
17 served by the public school bus;
18 (iv) Only on the routes, school days, and hours of transportation that
19 coincide with the routes, school days, and hours of transportation for students attending
20 public schools in the county; and
21 (v) In the case of a student who attends a nonpublic school that is
22 not on the public school bus route, only to the public school on the route which is nearest to
23 the nonpublic school.
24 (3) The Calvert County Board is not responsible for the safety of any
25 nonpublic school student who is transported on a public school bus under this subsection
26 after the student is discharged from the public school bus, and the board may not be held
27 liable in any civil action arising from an act or omission that occurs after the student is
28 discharged from the public school bus.
29 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
30 1, 2021.