SB-88 was signed into law on October 7, 2023, and it updates requirements for people and companies transporting students to and from school or related activities. Starting July 1, 2025, the new law requires that drivers who are paid to transport students (either as employees of a school ) meet stricter health, safety, and oversight standards.
Overview of the Driver Qualifications Law Requirements
The law expands existing requirements to include all paid drivers involved in student transportation. The law applies to more than just traditional school bus drivers. The new requirements apply to all school-related student transportation to or from a school campus, including home-to-school transportation, field trips, after-school, preschool, and childcare-related programs, athletics, and other extracurricular programs – unless there is an exception. These requirements apply to both private transportation companies contracted by the District and certificated and classified employees who transport students.
Driver Requirements under the new law
Paid drivers that provide student transportation services in a vehicle with capacity for 10 or fewer persons, including the driver, must meet the following criteria:
- Pass a criminal background check, tuberculosis screening, and drug and alcohol testing.
- Complete a medical examination within the past two years.
- Be at least 18 years old, hold a valid California driver’s license, and maintain a clean driving record.
- Complete initial and ongoing training in first aid, safe driving practices, and emergency evacuation procedures.
- Drivers may not drive more than 10 hours or remain on duty beyond 16 hours without first taking at least eight consecutive hours off.
While the new law has a minimum age requirement of 18 years of age, Alisal Union School District requires all drivers to be at least 21 years of age to transport students.
Exceptions to SB-88 Implementation
While the new law introduces new safety requirements for paid drivers transporting students, there are several exceptions, including:
- School employees who drive fewer than 40 hours total per school year. This exception applies to staff who transport students for school-related activities (e.g., field trips or sports) if their total driving time remains under 40 hours during the school year. Drivers who exceed 40 hours will be subject to the new law’s driver qualifications and vehicle requirements.To use this exception, the district must:
a. Demonstrate that it made a reasonable effort to secure a driver who meets the new requirements.
b. Notify the parent or legal guardian of the student that the district was unable to secure a driver who meets the new requirements.
- Unpaid volunteer drivers. This includes parent volunteers driving their own or other students, who are not employed by the district.
- Emergency or safety-related transportation. SB-88 excludes situations where students are transported due to emergencies or imminent threats to their health or safety.
What about District Bus Drivers?
School buses and their drivers are already heavily regulated under existing California law (Vehicle Code, Education Code, and CHP regulations). They must hold a School Bus Driver Certificate, pass CHP-administered tests, undergo ongoing medical exams, undergo drug/alcohol testing, background checks, and follow strict safety/operation standards.
For more information, use the links below:
Senate Bill No.88
CDE information on SB-88
