Update the Florida School Bus Safety Inspection Manual to the 2017 edition, revise the schedule for recertification of Florida School Bus Safety Inspectors from a calendar year to fiscal year, and incorporate by reference the Florida School Bus ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-3.0171Responsibilities of School Districts for Student Transportation

PURPOSE AND EFFECT: Update the Florida School Bus Safety Inspection Manual to the 2017 edition, revise the schedule for recertification of Florida School Bus Safety Inspectors from a calendar year to fiscal year, and incorporate by reference the Florida School Bus Safety Inspection form number 2017-IF. The amendment incorporates bus inventory requirements for using the department’s Online Bus Inventory Application (Form 420). This requirement is in rule 6A-3.016, F.A.C., which is being repealed.

SUMMARY: The proposed rule updates the Florida School Bus Safety Inspection Manual to the 2017 edition, revise the schedule for recertification of Florida School Bus Safety Inspectors, incorporate the Florida School Bus Safety Inspection Form number 2017-IF by reference and include the requirement that school districts report bus inventories using the Online Bus Inventory Application.

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 scope of the rule is very narrow applying only to school districts in the State. A comparison of the requirements of the 2008 Florida School Bus Safety Inspection Manual to the requirements of the 2017 edition of the Manual indicates that the fiscal impact of the rule revision will be minimal and should not approach $200,000 per year and is not expected to require legislative ratification.

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: 1001.02(1), 1006.22, FS.

LAW IMPLEMENTED: 1006.22, FS.

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

DATE AND TIME: February 16, 2017, 9:00 a.m.

PLACE: Alachua County School Board Office, 620 East University Avenue Gainesville, FL 32601.

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, 850-245-0351.

 

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 (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) The inspection shall be conducted in accordance with procedures and include all items listed in the State of Florida School Bus Safety Inspection Manual, 2017 2008 Edition (DOS link) and documented on the Florida School Bus Safety Inspection Form (2017-IF) effective March 2017. The manual and form 2017-IF are which is hereby incorporated by reference and made a part of this rule. These This documents may be obtained from the Department’s website at: http://fldoe.org/core/fileparse.php/7585/urlt/0085485-floridaschoolbussafetyinspectionmanual-1.pdf and may also be obtained from the School Transportation Management Section Bureau of Career Development, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399, at a cost not to exceed actual production and distribution cost.

(c) Inspection of buses shall be scheduled and performed at a maximum interval of thirty (30) school days. Any bus that is removed from service or deadlined so as to disrupt the safety inspection schedule shall be inspected prior to being returned to service. All deficiencies discovered during the safety inspection shall be noted on the inspection form. Follow-up repairs of all safety related items shall be made before the bus is returned to service and shall be documented.

(d) School bus inspections shall be conducted by technicians certified as school bus safety inspectors in accordance with the State of Florida School Bus Safety Inspection Manual, 2017 2008 Edition. The requirement that inspections be performed by a certified Florida Sschool Bbus Safety Iinspector may be waived for a period not to exceed six (6) months when an emergency condition exists, upon written notification to the Commissioner of Education by the district superintendent.

(e) No person shall knowingly render inoperative or reduce compliance of any school bus equipment required to meet Federal Motor Vehicle Safety Standards applicable at the time of manufacture.

(9) Transportation records, reports and accounting.

(a) through (f) No change.

(g) To report bus inventories using the department’s Online Bus Inventory Application (Form 420), which may be accessed at http://app4.fldoe.org/BusOnlineInventory/Login.aspx. The department’s Online Bus Inventory Application, Form 420 (DOS link) is hereby incorporated by reference, effective March 2017. For viewing purposes only, hard copies of the reporting requirements in the Online Bus Inventory Application may be obtained by contacting the Director of the School Transportation Management Section, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(10) No change.

Rulemaking Authority 316.615, 1001.02(1), 1003.31, 1006.21, 1006.22, 1012.45 FS. Law Implemented 316.615, 1003.31, 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, 3-23-16,_____.

 

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 12, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 2, 2016