Public schools; revise provisions concerning transportation of students.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) DeBar

SENATE BILL NO. 2290

AN ACT TO AMEND SECTION 37-41-3, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT A SCHOOL BOARD MAY PROVIDE TRANSPORTATION FOR A 2
STUDENT LIVING LESS THAN ONE MILE FROM THE SCHOOL WHEN A 3
DEMONSTRABLE DANGER EXISTS TO THE SAFETY OF THE CHILD WALKING TO 4
SCHOOL; TO AMEND SECTION 37-41-13, MISSISSIPPI CODE OF 1972, TO 5
CONFORM, AND TO PROVIDE THAT TEMPORARY OR EMERGENCY TRANSPORTATION 6
MAY ALSO BE PROVIDED FOR STUDENTS WHO DO NOT NORMALLY QUALIFY, 7
WHEN AN IMMINENT OR NEWLY IDENTIFIED THREAT TO STUDENT SAFETY IS 8
DOCUMENTED; TO AMEND SECTION 37-41-27, MISSISSIPPI CODE OF 1972, 9
TO ALLOW THAT SCHOOL BOARDS TO ENTER INTO AGREEMENTS WITH LOCAL 10
EMERGENCY MANAGEMENT OFFICIALS, LAW ENFORCEMENT, OR OTHER AGENCIES 11
TO MAKE SCHOOL BUSES AVAILABLE FOR USE IN DECLARED EMERGENCIES, 12
NATURAL DISASTERS, OR OTHER PUBLIC SAFETY NEEDS, PROVIDED THAT 13
SUCH USE DOES NOT INTERFERE WITH THE TRANSPORTATION OF STUDENTS TO 14
AND FROM SCHOOL; TO PROVIDE THAT VEHICLES DESIGNED TO TRANSPORT 10 15
TO 15 PASSENGERS MUST, WHEN TRANSPORTING STUDENTS, MEET FEDERAL 16
SCHOOL BUS SAFETY STANDARDS; TO SPECIFY THAT THE OPERATION OF SUCH 17
A VEHICLE DOES NOT REQUIRE A COMMERCIAL DRIVER'S LICENSE, PROVIDED 18
THE VEHICLE IS NOT DESIGNED OR USED TO TRANSPORT 16 OR MORE 19
PASSENGERS, INCLUDING THE DRIVER; TO AMEND SECTION 37-41-47, 20
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SCHOOL BUS DRIVERS, WHEN 21
TRANSPORTING STUDENTS ON TRIPS OTHER THAN REGULAR ROUTES TO AND 22
FROM SCHOOL, SHALL NOT DRIVE AT A SPEED GREATER THAN THE POSTED 23
SPEED LIMIT, BUT IN NO EVENT ABOVE 65 MILES PER HOUR; AND FOR 24
RELATED PURPOSES. 25
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 26
SECTION 1. Section 37-41-3, Mississippi Code of 1972, is 27
amended as follows: 28
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37-41-3. Pupils of legal school age, which shall include 29
kindergarten pupils, and in actual attendance in the public 30
schools who live a distance of one (1) mile or more by the nearest 31
traveled road from the school to which they are assigned by the 32
school district in which they are enrolled shall be entitled to 33
transportation within the meaning of this chapter. Nothing 34
contained in this section shall be construed to bar any child from 35
such transportation where he or she lives less than one (1) mile 36
and is on the regular route of travel of a school bus and space is 37
available in such bus for such transportation. A school board may 38
provide transportation for a pupil who lives less than one (1) 39
mile from the school when, in the judgment of the board, a 40
demonstrable danger exists to the safety of the child walking to 41
school. Such dangers may include, but are not limited to, lack of 42
sidewalks or pedestrian walkways along heavily trafficked 43
roadways, crossing of highways, interstates or major roadways, 44
areas with a documented pattern of crime, violence or human 45
trafficking activity that pose a threat to student safety, 46
railroad crossings or industrial zones that create a hazardous 47
environment, or other conditions as determined by the school board 48
that present a significant risk to student safety. No state funds 49
shall be paid for the transportation of children living within one 50
(1) mile of the school, except as otherwise provided in this 51
chapter, and such children shall not be included in transportation 52
reports. In the development of route plans, economy shall be a 53
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prime consideration. There shall be no duplication of routes 54
except in circumstances where it is totally unavoidable. The 55
State Department of Education shall have authority to investigate 56
school bus routing when there is reason to believe * * * this 57
statute * * * is being violated. The State Board of Education 58
shall have authority to withhold transportation funds when school 59
districts fail to correct unnecessary route duplication. Provided 60
further, that all school districts are hereby authorized to lease 61
or contract with any public or private individual, partnership, 62
corporation, association, agency or other organization for the 63
implementation of transportation of pupils as provided for in this 64
section. 65
The school boards may provide transportation to such crippled 66
and physically handicapped children as may be designated by such 67
boards, when the failure to do so would result in undue hardship, 68
even though the children are not otherwise entitled to 69
transportation under * * * this chapter. The State Department of 70
Education shall require all school districts during the 1993-1994 71
school year to equip school buses with properly designed seat 72
belts to protect such physically handicapped children, and school 73
districts are authorized to expend funds therefor from nonminimum 74
program or other sources. 75
Where space is available, students attending junior colleges 76
shall be allowed transportation on established routes in 77
district-owned buses. However, no additional funds shall be 78
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allocated or expended for such purposes, and such persons shall 79
not be included in transportation reports. 80
Children enrolled in special or alternative programs approved 81
by school boards may be provided transportation even though such 82
children are not otherwise entitled to transportation under * * * 83
this chapter. No additional funds shall be allocated or expended 84
for such purpose, and such children shall not be included in 85
transportation reports. 86
SECTION 2. Section 37-41-13, Mississippi Code of 1972, is 87
amended as follows: 88
37-41-13. All routes shall be laid out so as to place all 89
pupils entitled to transportation within a reasonable distance of 90
same. No child entitled to transportation shall be required to 91
walk a greater distance than one (1) mile to reach the vehicle of 92
transportation in the morning or to reach his home in the 93
afternoon. School districts may provide transportation for 94
students who live within one (1) mile of the school if conditions 95
exist that pose a significant risk to the safety of the student, 96
as provided in Section 37-41-3. Temporary or emergency 97
transportation may also be provided for students who do not 98
normally qualify under this section, when an imminent or newly 99
identified threat to student safety is documented. 100
SECTION 3. Section 37-41-27, Mississippi Code of 1972, is 101
amended as follows: 102
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37-41-27. (1) The local school boards, subject to rules and 103
regulations promulgated by the State Board of Education, may 104
permit the use of publicly owned school buses for the 105
transportation of participating students, teachers, coaches and 106
sponsors in connection with athletic events, events of boys' and 107
girls' clubs, events of Future Farmers of America or 4-H Clubs and 108
special events in connection with the schools which the boards may 109
consider a part of the educational program. The local school 110
boards, subject to rules and regulations promulgated by the State 111
Board of Education, may permit the use of publicly owned school 112
buses for the transportation of citizens for grand jury and other 113
jury functions upon order of the court or as considered necessary 114
by the school board during natural or man-made emergencies, 115
hurricanes, tornadoes, floods and other acts of God. School 116
boards, subject to rules and regulations promulgated by the State 117
Board of Education, are further authorized to enter into 118
agreements or memoranda of understanding with local emergency 119
management officials, law enforcement, or other appropriate 120
agencies to make school buses available for use in declared 121
emergencies, natural disasters, or other public safety needs, 122
provided that such use does not interfere with the transportation 123
of students to and from school. The local school boards, subject 124
to rules and regulations promulgated by the State Board of 125
Education, may permit the use of publicly owned school buses for 126
the transportation of citizens attending an air show or historic 127
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commemorative event held on a military base or military park 128
located in the school district; provided that such determination 129
shall be made upon the minutes of the school board and shall 130
include an agreement with the military base or military park that 131
it will indemnify and hold the school district harmless in any 132
action regarding such transportation. 133
(2) (a) Local school boards may regularly permit the use of 134
motor vehicles other than school buses when the transportation is 135
for trips to and from school sites or for school-related functions 136
and activities; however, motor vehicles other than school buses 137
may not be used for customary transportation between a student's 138
residence and such sites. 139
(b) When the transportation of students is provided, as 140
authorized in this subsection, in a vehicle other than a school 141
bus that is owned, operated, rented, contracted, or leased by a 142
school district or charter school, the following provisions shall 143
apply: 144
(i) The vehicle must be a passenger car or 145
multipurpose passenger vehicle or truck, as defined in 49 CFR Part 146
571, designed to transport fewer than * * * ten (10) students, 147
excluding the driver. Students must be transported in designated 148
seating positions and must use the occupant crash protection 149
system provided by the manufacturer unless the student's physical 150
condition prohibits such use. Any motor vehicle designed to 151
transport ten (10) to fifteen (15) passengers, including the 152
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driver, when used for transporting students to or from school or 153
school-related events, must meet all applicable Federal Motor 154
Vehicle Safety Standards for school buses as set forth in 49 CFR 155
Part 571. Such a vehicle, when operated for student 156
transportation under this section, does not require a commercial 157
driver's license as defined in the Mississippi Commercial Driver's 158
License Law, Title 63, Chapter 1, Mississippi Code of 1972, 159
provided the vehicle is not designed or used to transport sixteen 160
(16) or more passengers, including the driver. 161
(ii) An authorized vehicle may not be driven by a 162
student on a public right-of-way. An authorized vehicle may be 163
driven by a student on school or private property as part of the 164
student's educational curriculum if no other student is in the 165
vehicle. 166
(iii) The driver of an authorized vehicle 167
transporting students must maintain a valid driver's license and 168
must comply with the requirements of the school district's locally 169
adopted safe driver plan, which includes review of driving records 170
for disqualifying violations. 171
(iv) The local school board must adopt a policy 172
that addresses procedures and liability for trips under this 173
paragraph, including a provision that school buses are to be used 174
whenever practical and specifying consequences for violation of 175
the policy. 176
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ST: Public schools; revise provisions
concerning transportation of students.
SECTION 4. Section 37-41-47, Mississippi Code of 1972, is 177
amended as follows: 178
31-41-47. It shall be unlawful for a driver of any school 179
bus, whether a public or a contract bus, to drive said bus at a 180
speed greater than forty-five (45) miles per hour while 181
transporting children to and from school on regular routes; 182
however, the maximum speed for interstate highways shall be 183
sixty-five (65) miles per hour. However, any such driver, while 184
operating a school bus on other authorized trips, shall not drive 185
said school bus at a speed greater than * * * the posted speed 186
limit for the roadway, provided that in no event shall the driver 187
exceed sixty-five (65) miles per hour, even if the posted speed 188
limit is greater than sixty-five (65) miles per hour. Any person 189
who shall violate * * * this section shall be guilty of a 190
misdemeanor and, upon conviction thereof, shall be fined not less 191
than Twenty-five Dollars ($25.00) nor more than One Hundred 192
Dollars ($100.00) for each such offense. In addition thereto, 193
upon such conviction, such driver may be discharged from further 194
employment as a school bus driver or carrier and his contract as 195
such may be terminated. 196
SECTION 5. This act shall take effect and be in force from 197
and after July 1, 2026. 198