2010 State of the State: A Lean, Green Safety Machine! Presented to FAPT Mid-year Transportation Directors Meeting February 11, 2010 Charlie Hood, Director, School Transportation Florida Department of Education

2009 Legislation--Failed HB 87- To require traffic and pedestrian control devices at most schools on state roadsHB 87- To require traffic and pedestrian control devices at most schools on state roads HB 473- Ronshay Dugans Act; to create Drowsy Driving Prevention Week; school bus drivers may only use wireless devices under limited circumstancesHB 473- Ronshay Dugans Act; to create Drowsy Driving Prevention Week; school bus drivers may only use wireless devices under limited circumstances HB 587 and SB 18- Claims billsHB 587 and SB 18- Claims bills

2009 Legislation--Failed SB 610- To provide that FDOE shall distribute Student Transportation FEFP funds to charter schools operating under Excellence CommissionSB 610- To provide that FDOE shall distribute Student Transportation FEFP funds to charter schools operating under Excellence Commission HB 627 and SB To prohibit bus stops on state roads w/ 55 mph or higher speedHB 627 and SB To prohibit bus stops on state roads w/ 55 mph or higher speed SB 212 and HB 261- To specify that persons under age 18 may not use wireless devices while drivingSB 212 and HB 261- To specify that persons under age 18 may not use wireless devices while driving

2009 Legislation--Failed HB To prohibit school personnel from manually physically restraining students with disabilities except in emergenciesHB To prohibit school personnel from manually physically restraining students with disabilities except in emergencies

2009 Legislation--Passed Appropriations (Chapters and , LOF)- Student Transportation included in overall FEFP for , set at $429M; reduced 13.1% since Appropriations (Chapters and , LOF)- Student Transportation included in overall FEFP for , set at $429M; reduced 13.1% since SB 344- Dori Slosberg and Katie Marchetti Safety Belt Law- Provides that not wearing a seat belt in a motor vehicle is now a primary enforcement actionSB 344- Dori Slosberg and Katie Marchetti Safety Belt Law- Provides that not wearing a seat belt in a motor vehicle is now a primary enforcement action

2009 Legislation--Passed HB 481 and SB Increased penalty for illegal passing of bus by $65; funds go to trauma centersHB 481 and SB Increased penalty for illegal passing of bus by $65; funds go to trauma centers SB 522- Claims bill for relief; compensated Merriweather for alleged negligence of Palm Beach S.D.SB 522- Claims bill for relief; compensated Merriweather for alleged negligence of Palm Beach S.D.

2009 Legislation--Passed SB Revised s , FS, to require that contiguous districts have reciprocal agreements for school bus transportation services, inspections, and screening requirements for public schools, including charter schoolsSB Revised s , FS, to require that contiguous districts have reciprocal agreements for school bus transportation services, inspections, and screening requirements for public schools, including charter schools

2010 Legislation--Proposed Student Trans. Appropriations- Governor’s budget rec. for is $431M (+0.5%), still within FEFPStudent Trans. Appropriations- Governor’s budget rec. for is $431M (+0.5%), still within FEFP HB 81- Restricts allowable physical restraint and seclusion of students; requires district policy on whether drivers should be certified in manual physical restraint techniquesHB 81- Restricts allowable physical restraint and seclusion of students; requires district policy on whether drivers should be certified in manual physical restraint techniques

2010 Legislation--Proposed HB 177- Claims bill for death of Kamel, resulting from claimed negligence of districtHB 177- Claims bill for death of Kamel, resulting from claimed negligence of district HB 221 and SB Ronshay Dugans Act; to create Drowsy Driving Prevention Week; school bus drivers may only use wireless devices under limited circumstancesHB 221 and SB Ronshay Dugans Act; to create Drowsy Driving Prevention Week; school bus drivers may only use wireless devices under limited circumstances SB 316, HB 387- child restraint bill; requires booster seats for ages 4-7, except school busesSB 316, HB 387- child restraint bill; requires booster seats for ages 4-7, except school buses

2010 Legislation--Proposed SB 326 (and others)- Prohibits texting by RR engineers and school bus operatorsSB 326 (and others)- Prohibits texting by RR engineers and school bus operators SB 418- Prohibits use of cell phones in school zonesSB 418- Prohibits use of cell phones in school zones HB 475 and SB Requires transitional speed zones at school zones and camerasHB 475 and SB Requires transitional speed zones at school zones and cameras

2010 Legislation--Proposed HB 599 and SB Authorizes elementary schools as hubs for secondary students; eliminates eligibility for secondary between 2 and 3 miles, but authorizes hazardous walking for secondary students; allows boards to approve exterior advertising on school busesHB 599 and SB Authorizes elementary schools as hubs for secondary students; eliminates eligibility for secondary between 2 and 3 miles, but authorizes hazardous walking for secondary students; allows boards to approve exterior advertising on school buses

2010 Legislation--Proposed SB 896- Requires school nurse or other health care professional to provide bus drivers training in symptoms of diabetes (recognition hypo- and hyperglycemia) and actions to take; requires nurse or other professional on bus if bus driver has not completed trainingSB 896- Requires school nurse or other health care professional to provide bus drivers training in symptoms of diabetes (recognition hypo- and hyperglycemia) and actions to take; requires nurse or other professional on bus if bus driver has not completed training

Saving Money, Raising Revenue (what ideas have we heard, and are they allowed?) Parent pay for service???Parent pay for service??? Advertising inside buses (yes) or outside buses (no)Advertising inside buses (yes) or outside buses (no) Consolidating and reducing bus stopsConsolidating and reducing bus stops Reducing routes and mileageReducing routes and mileage 4-day week4-day week Revising compensation packagesRevising compensation packages

Saving Money, Raising Revenue (what ideas have we heard, and are they allowed?) Seeking grants (EPA, Homeless assistance grants, transportation security, IDEA)Seeking grants (EPA, Homeless assistance grants, transportation security, IDEA) Reduce or eliminate courtesy busingReduce or eliminate courtesy busing Review potential hazardous walking areasReview potential hazardous walking areas Eliminate field trips, after-school tripsEliminate field trips, after-school trips Cut back choice transportation (magnet schools, charters, out of zone)Cut back choice transportation (magnet schools, charters, out of zone) Optimize fleet service schedules and partsOptimize fleet service schedules and parts

ERC Rule Reducing Greenhouse Gases Rule , FAC, Heavy-Duty Vehicle Idling Reduction- Owners or operators of heavy-duty diesel engine powered motor vehicles are prohibited from idling for more than five consecutive minutes. Idling is the continuous operation of a vehicle’s main drive engine while the vehicle is stopped.Rule , FAC, Heavy-Duty Vehicle Idling Reduction- Owners or operators of heavy-duty diesel engine powered motor vehicles are prohibited from idling for more than five consecutive minutes. Idling is the continuous operation of a vehicle’s main drive engine while the vehicle is stopped.

(1)Idling while stopped for traffic conditions over which the driver has no control, including being stopped for an official traffic control device or signal, in a line of traffic, at a railroad crossing, at a construction zone, or at the direction of law enforcement. (2) Idling of buses 10 minutes prior to passenger loading and when passengers are onboard if needed for passenger comfort. (3) If idling is necessary for a police, fire, ambulance, public safety, military, or other vehicle being used in an emergency or training capacity. Exemptions

(4) If idling is necessary to verify that the vehicle is in safe operating condition as required by law and that all equipment is in good working order, either as part of a daily vehicle inspection or as otherwise needed, provided that engine idling is mandatory for such verification. (4) If idling is necessary to verify that the vehicle is in safe operating condition as required by law and that all equipment is in good working order, either as part of a daily vehicle inspection or as otherwise needed, provided that engine idling is mandatory for such verification. (5) If idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to prevent a safety or health emergency, but not solely for the comfort of the driver. (5) If idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to prevent a safety or health emergency, but not solely for the comfort of the driver. Exemptions (Continued)

District Idling Policy Required: Rule 6A , FAC, requires that districts adopt local idling policies (effective November 25, 2006)Rule 6A , FAC, requires that districts adopt local idling policies (effective November 25, 2006) Districts should ensure local policies are consistent with (and no less stringent than) the new ERC idling ruleDistricts should ensure local policies are consistent with (and no less stringent than) the new ERC idling rule NASDPTS working on model national idling reduction programNASDPTS working on model national idling reduction program

Other Required Local Policies (Chapter 6A-3, FAC): To prohibit cell phone use by drivers while actively operating the bus (stay tuned for further announcements…)To prohibit cell phone use by drivers while actively operating the bus (stay tuned for further announcements…) Safe driver plans, including which infractions disqualify a driverSafe driver plans, including which infractions disqualify a driver Annual safety instructions/notice for parents and studentsAnnual safety instructions/notice for parents and students

Legislation, Statutes, and Rules (Florida legislative bills and statutes) (Florida legislative bills and statutes) (Florida rules and statutes) (Florida rules and statutes) (federal rulemaking— dockets and public comments) (federal rulemaking— dockets and public comments)

Fatalities in (requiring school bus crash report to FDOE): Marion, 9/23/08- Frances Margay Schee, 13, killed when her school bus was struck from behind by a semi truckMarion, 9/23/08- Frances Margay Schee, 13, killed when her school bus was struck from behind by a semi truck Okaloosa, 10/14/08- Adult SUV driver killed when he ran into a school bus stopped to drop off studentsOkaloosa, 10/14/08- Adult SUV driver killed when he ran into a school bus stopped to drop off students Broward, 12/2/ year old male pedestrian killed when he was struck by a school bus reportedly turning leftBroward, 12/2/ year old male pedestrian killed when he was struck by a school bus reportedly turning left

Fatalities in (requiring school bus crash report to FDOE): Pinellas, 1/14/09- High school student died 1/19/09 due to injuries from jumping out the emergency exit of his bus while it was traveling down the roadPinellas, 1/14/09- High school student died 1/19/09 due to injuries from jumping out the emergency exit of his bus while it was traveling down the road Bay, 1/22/09- Adult male bicyclist killed when he pulled into the path of a school busBay, 1/22/09- Adult male bicyclist killed when he pulled into the path of a school bus Levy, 3/31/09- Adult female Shands Hospital employee killed when her SUV rear-ended a legally stopped school bus; infant daughter properly restrained in child seat minorly injuredLevy, 3/31/09- Adult female Shands Hospital employee killed when her SUV rear-ended a legally stopped school bus; infant daughter properly restrained in child seat minorly injured

Fatalities (other): Leon, 9/5/08- Ronshay Dugans, 8, died when her Boys and Girls Club bus was struck by a concrete truckLeon, 9/5/08- Ronshay Dugans, 8, died when her Boys and Girls Club bus was struck by a concrete truck Hernando, 9/9/08- Kaitlyn Harper was hit by a car while walking to a school bus stop not assigned to herHernando, 9/9/08- Kaitlyn Harper was hit by a car while walking to a school bus stop not assigned to her Indian River, 9/30/08, Jordan Miller, 15, was hit by a car while crossing to get to a bus stop not assigned to himIndian River, 9/30/08, Jordan Miller, 15, was hit by a car while crossing to get to a bus stop not assigned to him

Fatalities in (requiring school bus crash report to FDOE): Brevard, 9/1/09- Pickup truck driver crossed into path of bus, head-on; died 9/16/09Brevard, 9/1/09- Pickup truck driver crossed into path of bus, head-on; died 9/16/09 Escambia, 9/14/09- Teen driver ran stop sign and was hit by bus; died next day Escambia, 9/14/09- Teen driver ran stop sign and was hit by bus; died next day Clay, 9/29/09- Teen driver and adult rear- ended bus stopped to turn left; both diedClay, 9/29/09- Teen driver and adult rear- ended bus stopped to turn left; both died Palm Beach, 10/5/09- Adult male pedestrian allegedly jaywalking and died when hit by busPalm Beach, 10/5/09- Adult male pedestrian allegedly jaywalking and died when hit by bus

Fatalities in (requiring school bus crash report to FDOE): Highlands, 10/29/09- Motorcyclist crashed into bus in foggy weather and diedHighlands, 10/29/09- Motorcyclist crashed into bus in foggy weather and died Lee, 11/23/09- Motorist killed in early morning crash into school busLee, 11/23/09- Motorist killed in early morning crash into school bus Lee, 12/3/09- Adult driver and passenger of Honda Civic killed when the car veered into the path of a busLee, 12/3/09- Adult driver and passenger of Honda Civic killed when the car veered into the path of a bus

Fatalities (other): Bay, 10/28/09- Brother and sister hit by car while crossing to get to bus stop before bus arrived; the six-year old was killedBay, 10/28/09- Brother and sister hit by car while crossing to get to bus stop before bus arrived; the six-year old was killed Pinellas, 12/18/09- Teen girl killed by motorist while crossing busy intersection against light to get to nearby stopped school bus Pinellas, 12/18/09- Teen girl killed by motorist while crossing busy intersection against light to get to nearby stopped school bus Polk, 12/22/09- Teen student struck and killed by teen driver while walking home from schoolPolk, 12/22/09- Teen student struck and killed by teen driver while walking home from school

Crash Reporting Reminders: Reporting threshold is $1,000, started 07-08Reporting threshold is $1,000, started DOE is continuing to require that districts reconcile district-reported numbers (DOE system) with police reports (DHSMV system)DOE is continuing to require that districts reconcile district-reported numbers (DOE system) with police reports (DHSMV system) DOE receives daily clippings from DHSMV of ALL fatal crashes in FloridaDOE receives daily clippings from DHSMV of ALL fatal crashes in Florida

FATAL Crash Reporting Districts must provide immediate notice of any fatal crash to FDOE as soon as practicalDistricts must provide immediate notice of any fatal crash to FDOE as soon as practical Report by phone call and/or Report by phone call and/or Helps district and FDOE answer immediate questions from administrators, mediaHelps district and FDOE answer immediate questions from administrators, media Info is always treated as preliminaryInfo is always treated as preliminary Not meant as substitute for regular FDOE and police crash reportingNot meant as substitute for regular FDOE and police crash reporting

Hazardous Walking Districts must now include location code on each student record if reported in Hazardous categoryDistricts must now include location code on each student record if reported in Hazardous category Districts must update their inspections and documentation (determinations of HW locations) each five yearsDistricts must update their inspections and documentation (determinations of HW locations) each five years

Parent-Student Safety Instructions Safety instructions must be provided annually, in writing, as required by Rule 6A Safety instructions must be provided annually, in writing, as required by Rule 6A DOE’s “Are We There Yet?” brochure can be printed for parents and othersDOE’s “Are We There Yet?” brochure can be printed for parents and others Available at under the Manuals and Publications linkAvailable at under the Manuals and Publications linkwww.FAPTFlorida.org

Charter Schools Now almost 400 in Florida; continuing to growNow almost 400 in Florida; continuing to grow Districts must ensure charter schools are following laws and rules relating to health and safetyDistricts must ensure charter schools are following laws and rules relating to health and safety Charter schools are included in FDOE monitoring of districtsCharter schools are included in FDOE monitoring of districts FAPT Statutes/Rules Committee considering recommendation to “disaggregate” Average Bus Occupancy for charter schools from district FEFP reportingFAPT Statutes/Rules Committee considering recommendation to “disaggregate” Average Bus Occupancy for charter schools from district FEFP reporting

Issues on the National Radar NTSB-NTSB- Milton, FL crash; bus rolled twice; injuries mitigated by use of lap beltsMilton, FL crash; bus rolled twice; injuries mitigated by use of lap belts Huntsville, AL; driver not wearing belt; NTSB did not specifically cite lack of driver belt as cause, but many believe it wasHuntsville, AL; driver not wearing belt; NTSB did not specifically cite lack of driver belt as cause, but many believe it was SIR on Pedal Misapplication; NTSB recommending training for drivers, event data recorders, measures to separate students from bus traffic at schoolsSIR on Pedal Misapplication; NTSB recommending training for drivers, event data recorders, measures to separate students from bus traffic at schools Motorcoaches- NTSB cited fatigue, faulty maintenance in several crashesMotorcoaches- NTSB cited fatigue, faulty maintenance in several crashes

Public Transit and FTA Rulemaking Allowable for student transportation in FLAllowable for student transportation in FL FTA proposed rulemaking that would prohibit public transit routes that exclusively serve public school studentsFTA proposed rulemaking that would prohibit public transit routes that exclusively serve public school students Significant opposition to NPRM from transit agencies and some schoolsSignificant opposition to NPRM from transit agencies and some schools School bus associations (NSTA, NAPT, NASDPTS) supported FTASchool bus associations (NSTA, NAPT, NASDPTS) supported FTA FTA withdrew rule June 26, 2009; probably to allow new administration to reviewFTA withdrew rule June 26, 2009; probably to allow new administration to review

Driver Compliance and Liability Seat belt useSeat belt use Cell phone prohibitionCell phone prohibition Idling restrictionIdling restriction Unauthorized stop locationsUnauthorized stop locations Mirror adjustmentMirror adjustment Others???Others???

Employee Criminal Background Checks Still required upon employmentStill required upon employment Required every five yearsRequired every five years June 2009 was five years from passage of requirement to reviewJune 2009 was five years from passage of requirement to review Required for contractors who are on school property; includes charter bus driversRequired for contractors who are on school property; includes charter bus drivers

Driver Physical Exams Physical form (ESE 479) now allows 13 month interval for dexterity testing, per FAPT requestsPhysical form (ESE 479) now allows 13 month interval for dexterity testing, per FAPT requests ESE 479 now has an “effective date” and no expiration dateESE 479 now has an “effective date” and no expiration date

Federal Funding American Recovery and Reinvestment Act (“Stimulus Bill”)- Billions for public transit; virtually none for school bus transportationAmerican Recovery and Reinvestment Act (“Stimulus Bill”)- Billions for public transit; virtually none for school bus transportation Diesel Emissions Reduction Act (DERA)- $300 million; may be used for emissions reducing retrofits; limited bus replacement Diesel Emissions Reduction Act (DERA)- $300 million; may be used for emissions reducing retrofits; limited bus replacement

Federal Funding Highway Bill Reauthorization- SAFETEA- LU has expired, now under continuing resolutionHighway Bill Reauthorization- SAFETEA- LU has expired, now under continuing resolution Highway trust fund depleted; Congress grappling with revenue replacementHighway trust fund depleted; Congress grappling with revenue replacement Safe Routes to School Reauthorization- NASDPTS has supported allowing SRTS funds for students walking to/from bus stopsSafe Routes to School Reauthorization- NASDPTS has supported allowing SRTS funds for students walking to/from bus stops

FMCSA CDL Rules National Registry of Certified Medical Examiners proposed ruleNational Registry of Certified Medical Examiners proposed rule Physicals as part of CDL- Final Rule; must be implemented by Jan. 2012Physicals as part of CDL- Final Rule; must be implemented by Jan Preservice Training Proposed Rule- Would require 90 hours preservice training by accredited school to obtain CDL; actively opposed by NASDPTS, NSTA; probably on back burner for nowPreservice Training Proposed Rule- Would require 90 hours preservice training by accredited school to obtain CDL; actively opposed by NASDPTS, NSTA; probably on back burner for now

Transportation Security School Bus Watch- was revamped, re- launched as School Bus First Observer)School Bus Watch- was revamped, re- launched as School Bus First Observer) School Transportation Security Awareness ( Transportation Security Awareness ( 9/11 Commission Act of Required TSA to conduct security assessments in student transportation and report to Congress by July 1, 2008; still waiting for approval9/11 Commission Act of Required TSA to conduct security assessments in student transportation and report to Congress by July 1, 2008; still waiting for approval

Transportation Security TSA Highway and Motor Carriers (HMC) office performing voluntary Corporate Security ReviewsTSA Highway and Motor Carriers (HMC) office performing voluntary Corporate Security Reviews HMC is also conducting transportation security exercises around US involving mock school transportation security incidentsHMC is also conducting transportation security exercises around US involving mock school transportation security incidents

School Bus Evacuation NHTSA has developed new driver inservice module on bus evacuationNHTSA has developed new driver inservice module on bus evacuation State Board rule requires evac instructions for all passengers before every field/activity tripState Board rule requires evac instructions for all passengers before every field/activity trip FDOE has a suggested “script” from PolkFDOE has a suggested “script” from Polk Evacuation procedures continue to be priority for all students, including ESEEvacuation procedures continue to be priority for all students, including ESE NTSB recommendations support as priorityNTSB recommendations support as priority

NHTSA Activities NHTSA is developing Safe School Bus Stop Selection guideNHTSA is developing Safe School Bus Stop Selection guide Updated driver inservice training modules, including new evacuation moduleUpdated driver inservice training modules, including new evacuation module Aggressively pursuing school bus defects and requiring safety recalls when warrantedAggressively pursuing school bus defects and requiring safety recalls when warranted Districts should continue to contact FDOE when they find potential safety defects on busesDistricts should continue to contact FDOE when they find potential safety defects on buses

National Congress on School Transportation, May 16-19, 2010 Purpose is to update the National School Transportation Specifications and ProceduresPurpose is to update the National School Transportation Specifications and Procedures Writing committees have drafted revisionsWriting committees have drafted revisions Florida’s delegation: Mike Connors, Greg Akin, Fred Murphy, Jerry Klein, Tad Kledzik, Charlie Hood, TBAFlorida’s delegation: Mike Connors, Greg Akin, Fred Murphy, Jerry Klein, Tad Kledzik, Charlie Hood, TBA NSTSP, draft revisions, and other info at draft revisions, and other info at

Awards and Scholarships SESPTC- Awarding two $1,000 scholarships again this year for college expenses of two graduating high school seniors; parent or legal guardian must be Florida public school transportation employee meeting income criteria (max $75K AGI)SESPTC- Awarding two $1,000 scholarships again this year for college expenses of two graduating high school seniors; parent or legal guardian must be Florida public school transportation employee meeting income criteria (max $75K AGI) School Bus Operator of the Year- FAPT and Florida Missing Children’s DaySchool Bus Operator of the Year- FAPT and Florida Missing Children’s Day

FDLE Missing Children’s Issues All persons encouraged to sign up to receive Amber AlertsAll persons encouraged to sign up to receive Amber Alerts Parents and others can sign up to receive notifications when sexual offenders and predators move within proximity of homesParents and others can sign up to receive notifications when sexual offenders and predators move within proximity of homes Districts are encouraged to continue training drivers to report suspicious incidents and to have a system for notifying drivers of offenders’ addressesDistricts are encouraged to continue training drivers to report suspicious incidents and to have a system for notifying drivers of offenders’ addresses

NHTSA Rulemaking on Occupant Protection Final Rule adopted October 21, 2008Final Rule adopted October 21, 2008 Rule requires: Rule requires: “High back” seats in all new buses starting 10/21/09 (already required in Florida)“High back” seats in all new buses starting 10/21/09 (already required in Florida) Lap/shoulder belts 10/21/11 in small buses (already required in Florida)Lap/shoulder belts 10/21/11 in small buses (already required in Florida)

NHTSA Final Rule: Requires automatic seat bottom latching devices for any seat that flips up or is removable (new buses, effective 10/21/09)Requires automatic seat bottom latching devices for any seat that flips up or is removable (new buses, effective 10/21/09) Establishes test standards and protocols for lap and lap/shoulder (L/S) belts in small and large busesEstablishes test standards and protocols for lap and lap/shoulder (L/S) belts in small and large buses Continues to allow lap belts in states that chooseContinues to allow lap belts in states that choose Encourages (doesn’t require) states to use L/S beltsEncourages (doesn’t require) states to use L/S belts Reaffirms that states may use 402 funds for costsReaffirms that states may use 402 funds for costs

Links:

FAPT Website and ListServe Calendar of EventsCalendar of EventsCalendar of EventsCalendar of Events Use this address if you want to send to all FAPT General Use this address if you want to send to all FAPT General Members for FAPT Supplier for FAPT Supplier Members

National Associations ASBC coordinates public information from NASDPTS, NAPT, NSTA, and the big three school bus manufacturers; e.g., positions on cell phone usage and other guidancewww.AmericanSchoolBusCouncil.org-- ASBC coordinates public information from NASDPTS, NAPT, NSTA, and the big three school bus manufacturers; e.g., positions on cell phone usage and other guidancewww.AmericanSchoolBusCouncil.org (NSTA) (NSTA)

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