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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative McCarty
HOUSE BILL NO. 1318
AN ACT TO AMEND SECTION 37-41-27, MISSISSIPPI CODE OF 1972, 1
TO PERMIT LOCAL SCHOOL BOARDS TO ENTER INTO AGREEMENTS AND 2
MEMORANDA OF UNDERSTANDING WITH LOCAL EMERGENCY OFFICIALS AND 3
OTHER APPROPRIATE AGENCIES FOR THE USE OF SCHOOL BUSES UNDER 4
CERTAIN EMERGENCY CIRCUMSTANCE; TO REVISE THE PROCEDURE AND 5
AUTHORITY FOR THE USE OF PASSENGER CARS OR MULTIPURPOSE PASSENGER 6
VEHICLES OTHER THAN SCHOOLS BUSES TO TRANSPORT STUDENTS TO COMPLY 7
WITH FEDERAL MOTOR VEHICLE SAFETY STANDARDS; AND FOR RELATED 8
PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 37-41-27, Mississippi Code of 1972, is 11
amended as follows: 12
37-41-27. (1) The local school boards, subject to rules and 13
regulations promulgated by the State Board of Education, may: 14
(a) Permit the use of publicly owned school buses for 15
the transportation of participating students, teachers, coaches 16
and sponsors in connection with athletic events, events of boys' 17
and girls' clubs, events of Future Farmers of America or 4-H Clubs 18
and special events in connection with the schools which the boards 19
may consider a part of the educational program * * *; 20
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(b) Permit the use of publicly owned school buses for 21
the transportation of citizens for grand jury and other jury 22
functions upon order of the court or as considered necessary by 23
the school board during natural or man-made emergencies, 24
hurricanes, tornadoes, floods and other acts of God * * *; 25
(c) Enter into agreements or memoranda of understanding 26
with local emergency management officials, law enforcement, or 27
other appropriate agencies to make publicly owned school buses 28
available for use in declared emergencies, natural disasters or 29
other public safety needs, provided that such use does not 30
interfere with the transportation of students to and from school; 31
and * * * 32
(d) Permit the use of publicly owned school buses for 33
the transportation of citizens attending an air show or historic 34
commemorative event held on a military base or military park 35
located in the school district * * *, provided that such 36
determination shall be made upon the minutes of the school board 37
and shall include an agreement with the military base or military 38
park that it will indemnify and hold the school district harmless 39
in any action regarding such transportation. 40
(2) (a) Local school boards may regularly permit the use of 41
motor vehicles other than school buses when the transportation is 42
for trips to and from school sites or for school-related functions 43
and activities; however, motor vehicles other than school buses 44
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may not be used for customary transportation between a student's 45
residence and such sites. 46
(b) When the transportation of students is provided, as 47
authorized in this subsection, in a vehicle other than a school 48
bus that is owned, operated, rented, contracted, or leased by a 49
school district or charter school, the following provisions shall 50
apply: 51
(i) The vehicle must be a passenger car or 52
multipurpose passenger vehicle or truck, as defined in 49 CFR Part 53
571, designed to transport fewer than * * * ten (10) students, 54
excluding the driver * * *. Students must be transported in 55
designated seating positions and must use the occupant crash 56
protection system provided by the manufacturer unless the 57
student's physical condition prohibits such use. Any motor 58
vehicle designed to transport ten (10) to fifteen (15) passengers, 59
including the driver, when used for transporting students to or 60
from school or school-related events, must meet all Federal Motor 61
Vehicle Safety Standards for school buses set forth in 49 CFR Part 62
571. The vehicles, when operated for student transportation under 63
this section does not require a commercial driver's license as 64
prescribed in the Commercial Driver's License Act, established in 65
Section 63-1-201 et seq., provided the vehicle is not designed or 66
used to transport sixteen (16) or more passengers, including the 67
driver. 68
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ST: Student transportation; revise manner of
for students on vehicles other than school
buses.
(ii) An authorized vehicle may not be driven by a 69
student on a public right-of-way. An authorized vehicle may be 70
driven by a student on school or private property as part of the 71
student's educational curriculum if no other student is in the 72
vehicle. 73
(iii) The driver of an authorized vehicle 74
transporting students must maintain a valid driver's license and 75
must comply with the requirements of the school district's locally 76
adopted safe driver plan, which includes review of driving records 77
for disqualifying violations. 78
(iv) The local school board must adopt a policy 79
that addresses procedures and liability for trips under this 80
paragraph, including a provision that school buses are to be used 81
whenever practical and specifying consequences for violation of 82
the policy. 83
SECTION 2. This act shall take effect and be in force from 84
and after July 1, 2026. 85