To update the reference to the department’s “Basic School Bus Operator Curriculum” for compliance with new federal entry-level driver training (ELDT) requirements adopted by the Federal Motor Carrier Safety Administration ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.: RULE TITLE:

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

PURPOSE AND EFFECT: To update the reference to the department’s “Basic School Bus Operator Curriculum” for compliance with new federal entry-level driver training (ELDT) requirements adopted by the Federal Motor Carrier Safety Administration (FMCSA), effective February 7, 2022.

SUMMARY: Update the reference to the department’s “Basic School Bus Operator Curriculum” from the 2006 edition to the 2021 edition; clarify the responsibilities of the district superintendent to organize or approve inspections, maintenance and repair service for buses owned or contracted by charter schools; clarify the responsibility of school bus operators to instruct passengers about the requirement to use seat belts, if equipped, according to s. 1006.25(4), F.S.; and clarify the requirement to docunent deficiencies found during a school bus safety inspection on a repair order associated with the respective school bus safety inspection form; and clarify that suspensions from the school bus cannot exceed ten days pursuant to s. 1003.01(5)(a), F.S.

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 adverse impact or regulatory cost, if any, does not exceed, nor would it be expected to exceed, any one of the economic analysis criteria set forth in section 120.541(2)(a), Florida Statutes (F.S.). and will not 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: 316.615, 1001.02(1), 1002.33(28), 1003.31, 1006.21, 1006.22, 1012.45, F.S.

LAW IMPLEMENTED: 316.615, 1002.33(20)(c), 1003.31, 1006.22, 1012.45, F.S.

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

DATE AND TIME: October 20, 2021, 9 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Sierra Ballroom A & B, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations, Florida Department of Education, [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) Responsibilities of Superintendent. It shall be the duty of the superintendent, acting as executive officer for the school board to exercise functions and to perform duties listed below:

(a) through (e) No change.

(f) To organize or approve an inspection, maintenance and repair service for publicly owned, charter school owned, and or contracted buses designed to ensure that the condition of each bus is maintained to meet or exceed accepted school bus industry and state standards, and which will be adequate to provide for quick and economical repair of any bus, and to make sure that this service functions efficiently.

(g) To propose garages at which buses shall be inspected, when arrangements for this service have not been made to use school board employed mechanics, and to see that inspections are systematically made at least once every thirty (30) school days, while school is in session, at garages approved by the board.

(h) To make periodic, objective surveys of school bus and garage equipment, routes, safety practices, repair and operating costs, and when unsatisfactory conditions are discovered, to recommend corrective measures to the school board.

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

(a) 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 2. No change.

3. Responsibilities of the school bus operator:

a. through j. No change.

k. To observe all procedures incorporated in the Florida Department of Education’s Basic School Bus Operator’s Curriculum, revised 2021 as incorporated by reference in paragraph 6A-3.0141(4)(b), F.A.C.

l. through u. No change.

v. To wear a seat belt and instruct all passengers to wear a seat belt at all times when the bus is in operation, in accordance with s. 1006.25(4), F.S.

w. 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. through z. No change.

(3) Transportation personnel.

(a) No change.

(b) To employ or contract only for services of school bus operators who meet the requirements of rule Rule 6A-3.0141, F.A.C.

(4) Transported students.

(a) through (b) No change.

(c) To suspend for a period not to exceed exceeding ten (10) days, upon recommendation of the superintendent, any student who willfully and persistently violates school board policies, in accordance with s. 1003.01(5)(a), F.S.

(5) 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 and charter school 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, 2020 Edition (http://www.flrules.org/Gateway/reference.asp?No=Ref-12218) and documented on the Florida School Bus Safety Inspection Form (2020-IF) (http://www.flrules.org/Gateway/reference.asp?No=Ref-12215), effective October 2020. The manual and form 2020-IF are hereby incorporated by reference and made a part of this rule. These documents may be obtained from the department’s Department’s website at: http://fldoe.org/core/fileparse.php/7585/urlt/0085485-floridaschoolbussafetyinspectionmanual-1.pdf and may also be obtained from the department’s School Transportation Management Section, 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 while school is in session. 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 (2020-IF). Follow-up repairs of all safety related items shall be made before the bus is returned to service and shall be documented on an associated repair order.

(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, 2020 Edition. The State of Florida School Bus Safety Inspector Application (Form 2020-SI) (http://www.flrules.org/Gateway/reference.asp?No=Ref-12216), effective October 2020, and the District Online Test Administrator Application (Form 2020-TA) (http://www.flrules.org/Gateway/reference.asp?No=Ref-12217), effective October 2020, are hereby incorporated by reference and made part of this rule. These 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 department’s School Transportation Management Section, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399, at a cost not to exceed actual production and distribution cost. The requirement that inspections be performed by a certified Florida School Bus Safety Inspector 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 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 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07938) is hereby incorporated by reference, effective March 2017. For viewing purposes only, hard copies of the reporting requirements for in the Online Bus Inventory Application may be obtained by contacting the department’s 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), 1002.33(28), 1003.31, 1006.21, 1006.22, 1012.45 FS. Law Implemented 316.615, 1002.33(20)(c), 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, 3-22-17, 10-27-20,

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 17, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 13, 2021