SECTIONS 42300-42303 - California Statutes

EDUCATION CODE

SECTION 42300-42303

42300. Any school district or county office of education with an
average daily attendance of 2,501 or more, but less than 6,000, may
apply to the State Department of Education for a one-time only
apportionment for the purchase of transportation equipment, as
specified in Section 42301. The State Department of Education shall
adopt regulations regarding district or county office applications
pursuant to this section.

42301. (a) Notwithstanding any other provision, the State
Department of Education shall grant applications for apportionments
for purposes of this article, to the extent that funds are available,
according to the following priorities:
(1) First priority for apportionments shall be for the purchase of
new schoolbuses to replace existing schoolbuses owned by an eligible
district or county office that do not conform to federal safety
standards.
(2) Second priority for apportionments shall be for the
reconditioning of existing schoolbuses owned by an eligible district
or county office. For purposes of this paragraph, "reconditioning"
includes, but is not limited to, retrofitting schoolbuses to conform
to the federal Motor Vehicle Safety Standard 222 relating to
schoolbus passenger seating and crash protection requirements.
(3) Any remaining funds shall be apportioned for the purchase of
new schoolbuses by eligible districts or county offices which have
proposed to increase the number of schoolbuses owned by the district
or county office of education.
(4) In awarding grants, in accordance with the priorities
established by paragraphs (1), (2), and (3), the State Department of
Education shall give priority to eligible school districts with the
smallest average daily attendance, as determined by the department.
(b) The governing board of any school district or county office of
education shall be eligible to receive apportionments under this
article for the replacement of schoolbuses.
(c) Any school district or county office of education receiving
funds under this section shall be required to pay one-half of the
estimated cost of a new schoolbus.
Each school district or county office shall also be required to
contribute 50 percent of any proceeds from the sale of any schoolbus
to be replaced with a new schoolbus purchased under this article.
(d) Insofar as possible, any purchases of new schoolbuses with
funds apportioned pursuant to this article shall be made by the
Department of General Services. Title to any schoolbus purchased by
the Department of General Services pursuant to this section shall be
in the name of the school district or county office of education for
which the schoolbus was purchased.
(e) The State Department of Education shall develop priority
categories for funding under this section which are based solely on
vehicle age and mileage. Seventy-five percent of the funds available
in any fiscal year for the purposes of this section shall be
distributed to school districts and county offices of education based
upon priority categories that utilize only vehicle age, mileage, and
type of vehicle. Twenty-five percent of the funds available in any
fiscal year for purposes of this section shall be allocated based
upon the condition of the vehicles to be replaced. School districts
and county offices shall submit as evidence of the condition of the
vehicle to be replaced, the most recent California Highway Patrol
inspection report, a repair estimate made by an independent repair
shop, and any other information requested by the department.
(f) The State Department of Education shall estimate the cost of a
replacement vehicle of the same capacity as the vehicle being
replaced. A school district's or county office's entitlement shall
equal the department's estimated cost, less any contributions
determined pursuant to this section. A district or county office may
use additional district or county office funds to purchase a
schoolbus which is more expensive than the model used by the
department to estimate the cost.
(g) Funds allocated pursuant to this section shall not be used to
purchase a vehicle which does not meet the schoolbus passenger
seating and crash protection requirements of the federal Motor
Vehicle Safety Standard 222.

42301.1. In allocating any funds for schoolbus replacement or
reconditioning, the State Department of Education shall allocate
funds for vehicles used in special education in not less than the
proportion as the percentage of vehicles used compares to total
schoolbuses in the state. The State Department of Education may adopt
regulations to implement this section in an equitable manner.
School districts or county offices of education providing
transportation services through a cooperative, consortium, or joint
powers agreement, shall be eligible to participate by application
from the member district.
The Division of State Special Schools of the State Department of
Education shall have the same status as a school district for the
purposes of this section.

42303. Notwithstanding the provisions of this article, Article 4.5
(commencing with Section 42290), Part 10.7 (commencing with Section
17910), or any other law, a school district that receives funding for
the replacement of a schoolbus may sell that schoolbus to another
school district in this state if all of the following conditions are
satisfied:
(a) The purchasing school district is replacing a schoolbus that
is in service at the time of the sale and has not been designated a
temporary schoolbus pursuant to subdivision (a) of Section 42291.5.
(b) The schoolbus being replaced by the purchasing school district
is older than the schoolbus that is the subject of the sale.
(c) The schoolbus being replaced is not sold to another school
district.
(d) The purchasing school district by a resolution from its
governing board, holds the state and the selling school district
harmless for any liability that may result from the schoolbus that is
the subject of the sale.
(e) The proceeds from the sale of a schoolbus shall be used by the
selling district for home-to-school transportation purposes.
(f) After the districts agree to the sale, but prior to the sale
being finalized, the schoolbus being sold must be in compliance with
all relevant provisions of the Vehicle Code and Title 13 of the
California Code of Regulations.