The purpose of this amendment is to 1) remove duplicative requirements for school districts to report school bus accidents to the Florida Department of Education (FDOE); 2) remove the requirement for school districts to maintain a list of licensed ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-3.0171Responsibilities of School Districts for Student Transportation

PURPOSE AND EFFECT: The purpose of this amendment is to 1) remove duplicative requirements for school districts to report school bus accidents to the Florida Department of Education (FDOE); 2) remove the requirement for school districts to maintain a list of licensed physicians, to conduct school bus operator medical examinations; 3) remove the requirement for school districts to report hazardous walking locations to the FDOE; 4) remove the requirement that school bus operators may not carry firearms on school property, and 5) remove the requirement that school bus operators may not drive in excess of the posted speed limit or fifty-five miles per hour. The effect is a rule consistent with governing law.

SUMMARY: This amendment will cease school bus accident reporting to FDOE that duplicates uniform traffic crash reports already required from police agencies by the Florida Department of Highway Safety and Motor Vehicles, and to cease reporting of hazardous walking locations to the FDOE. The requirement for school districts to maintain a list of certified licensed physicians is deleted because under 49 C.F.R. Part 391 (compliance with which is required by Section 1012.45, Florida Statutes) certified medical examiners must be registered with the National Registry of Certified Medical Examiners to conduct school bus operator medical examinations. The provision indicating that operators shall not carry firearms while on school property is deleted as that provision has been superseded by Sections 790.115, 790.25 and 790.251, Florida Statutes. The provision indicating that school bus operators may not drive in excess of the fifty-five miles per hour is deleted as that provision has been superseded by Section 316.183(3), Florida Statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule reduces regulatory burden by eliminating duplicative requirements. No new or increased regulatory costs are anticipated.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1003.31, 1006.21, 1006.22, FS.

LAW IMPLEMENTED: 1003.31, 1006.22, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: February 18, 2016, 9:00 a.m.

PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations, Florida Department of Education, 325 West Gaines Street, Room 814, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-3.0171 Responsibilities of School Districts for Student Transportation.

Each school district shall exercise specific powers and responsibilities, as follows:

(1) through (h) No change.

(i) To recommend a medical examiner or medical examiners to give physical examinations to bus operators and to ascertain and ensure that all examinations are carried out as required. A medical examiner shall be defined as a medical physician or physician assistant licensed pursuant to Chapter 458, F.S.; an osteopathic physician or physician assistant pursuant to Chapter 459, F.S., a chiropractic physician licensed pursuant to Chapter 460, F.S.; and an Advanced Registered Nurse Practitioner licensed pursuant to Chapter 464, F.S.

(2) The school district shall exercise additional specific powers and responsibilities, as follows:

(a) Enforcement of law and rules and formulation of policies.

(b) To make sure that State Board of Education rules are known, understood and observed by all who have responsibility for student transportation.

(c) To assure that all transportation rules and statements of policy are in harmony with rules of the State Board of Education, and are fully observed.

(d) To assure that no state funds for transportation are used for transportation of students to schools which cannot qualify for recognition by the Department under the provisions of State Board of Education rules.

(e) through (f) No change.

(g) To adopt, after considering recommendations of the superintendent statements of policy in harmony with law and with rules of the State Board of Education necessary for maintaining the requirements of adequate transportation. Such policies shall include at least the following responsibilities of the director or supervisor of transportation, the school principal or other designated staff and the bus operator for uniform school bus operating procedures:

1. through 3.b. No change.

c. To refrain from use of tobacco while operating the bus, and to use no profane language in the presence of the students. Operators shall not use or be under the influence of alcohol, illicit drugs, or any substance which may impair the operator’s alertness or performance while on duty. Operators shall not carry firearms while on school board property.

d. through e. No change.

f. To study and observe all laws and rules of the State Board of Education and the school board relating to the service of transportation.

g. through q. No change.

r. To drive always at a safe speed and never in excess of the legally posted speed limit in business or residential districts or fifty-five (55) miles per hour outside business or residential districts.

r.s. To cooperate with duly authorized school officials, mechanics and other personnel in the mechanical maintenance and repair of bus in overcoming hazards which threaten the safety or efficiency of service.

s.t. To inspect the bus at least daily prior to the beginning of the first daily trip or more often as required by the school district and to report any defect affecting safety or economy of operation immediately to authorized service personnel. The inspection shall include all items identified in the procedures related to the mandatory daily inspection in the Basic School Bus Operator Curriculum.

t.u. To keep the bus clean and neat at all times and not affix any stickers or other unauthorized items to the interior or exterior of buses.

u.v. To prepare reports, keep all records required, and otherwise assist school officials in mapping bus routes, planning schedules and in obtaining information for a continuous study of all phases of transportation service.

v.w. To wear a seat belt at all times when the bus is in operation.

w.x. To use roof-mounted white flashing strobe lights (if equipped) at a minimum, whenever headlights are required to be used due to reduced visibility conditions pursuant to Section 316.217(1)(b), F.S., except that insufficient light due only to the time of day or night shall not require use of the strobe light.

x.y. To report immediately to the director or supervisor of transportation, school principal or other designated officials:

(I) through (V) No change.

y.z. To perform a complete interior inspection of each bus after each run and trip to ensure no students are left on board.

z.aa. To maintain as far as practicable by patient and considerate treatment of parents a feeling of security in the safety of students transported.

(3) Transportation personnel.

(a) To employ such assistants as may be recommended by the superintendent and as are necessary in the judgment of the board to supervise operation and maintenance of school buses and to provide records and maps for a continuous study of transportation routes and needs within the district.

(b) To employ or contract only for services of school bus operators who meet the requirements of Rule 6A-3.0141, F.A.C., and who possess a valid Medical Examiner’s Certificate.

(c) To officially maintain, after considering recommendations of the superintendent, an approved, current list of properly licensed physicians or medical facilities staffed by licensed physicians other than members of the school board or superintendent, eligible to examine all school bus operator’s and operator applicants, in accordance with Form ESE 479, Florida School Bus Operators Medical Examination Report for Commercial Driver Fitness Determination, and School Bus Driver Physical Standards: Medical Regulatory Criteria for Physical Examinations, as adopted by reference in Rule 6A-3.0151, F.A.C.

(4) No change.

(5) Purchases, lease and use of school buses.

(a) To provide, by purchase or contract, safe, comfortable and adequate transportation facilities and school buses which meet minimum standards of law and State Board of Education rules.

(b) To purchase transportation equipment in accordance with all provisions of law and State Board of Education rules.

(c) To assure that contracts entered into by school boards for operation of school buses are in accordance with law and rules of the State Board of Education.

(d) through (7) No change.

(8) Inspection and maintenance of school buses.

(a) To provide, after considering recommendations of the superintendent, adequate storage, maintenance and inspection procedures for all buses owned by the school board, and to assure that all contract buses in use in the district are properly inspected and maintained in accordance with law and rules of the State Board of Education.

(b) through (e) No change.

(9) Transportation records, reports and accounting.

(a) To ascertain and ensure that all prescribed records are kept and reports made which are required by law or , rules or the Commissioner.

(b) To assure that all records and reports prescribed by the Commissioner are properly completed and are furnished on the dates due to those designated to receive them.

1. To file with the Deputy Commissioner for Finance and Operations school bus accident reports using the Department’s Automated School Bus Accident Reporting System which may be accessed at http://doeweb-prd.doe.state.fl.us/eds/BusAccident. Districts shall complete a report on any school bus accident meeting the reporting requirements of the automated system. The Department’s Automated School Bus Accident Reporting System (Form ESE 256) as noted above is hereby incorporated by reference to become effective November 2006. For viewing purposes only, hard copies of the reporting requirements in the Automated School Bus Accident Reporting System may be obtained by contacting the Director of the School Transportation Management Section, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

2. To file with the Deputy Commissioner for Finance and Operations the Hazardous Walking Conditions Report for Elementary Students within 2 Miles of Assigned School (Form 422) using the Department’s automated system which may be accessed at http://data.fldoe.org/walking/. The Hazardous Walking Conditions Report for Elementary Students within 2 Miles of Assigned School is hereby incorporated by reference to become effective November 2006. For viewing purposes only, hard copies of the Hazardous Walking Conditions Report for Elementary Students within 2 Miles of Assigned School may be obtained by contacting the Director of the School Transportation Management Section, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(c) through (10) No change.

Rulemaking Authority 1003.31, 1006.21, 1006.22, 1012.45 FS. Law Implemented 316.615, 316.183(3), 316.189, 1003.31, 1006.21(3), 1006.22, 1012.45 FS. History–New 9-4-64, Amended 3-25-66, 1-17-72, 7-20-74, Repromulgated 12-5-74, Amended 11-24-76, 10-1-81, Formerly 6A-3.17, Amended 9-30-87, 6-26-89, 11-15-94, 8-28-95, 4-18-96, Formerly 6-3.017, Amended 6-11-00, Formerly 6-3.017, Amended 4-21-03, 11-26-08,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, Finance and Operations

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 8, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 2, 2015