The purpose of the amendment to rule 6A-3.0141 is to require school bus operators within the state to meet the medical examination requirements of federally regulated commercial drivers specified in Form MCSA-5876, Medical Examiner’s Certificate, ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-3.0141Employment of School Bus Operators

6A-3.0151School Bus Driver Physical Examination and Medical Examiners Certificate

PURPOSE AND EFFECT: The purpose of the amendment to Rule 6A-3.0141, F.A.C. is to require school bus operators within the state to meet the medical examination requirements of federally regulated commercial drivers specified in Form MCSA-5876, Medical Examiner’s Certificate, instead of the Florida School Bus Operators Medical Examination Report for Commercial Driver Fitness Determination (Form ESE 479). Form ESE 480, Dexterity Test for School Bus Driver is incorporated by reference for districts to report dexterity results. Since 1986, the medical examination requirements for school bus operators within the state have been substantially the same as those established by the Federal Motor Carrier Safety Administration for federally regulated commercial drivers. The effect would require Florida school bus operators to continue to adhere to the same medical examination requirements as federally regulated commercial drivers with one exception. Authority to waive federal requirements that allow the medical examiner to specify bus operators with Skill Performance Evaluation Certificates/limb waiver and/or Diabetes and Vision exemptions meet 49 CFR s. 391.41, medical examination requirements, will not be granted. Rule 6A-3.0151, F.A.C. is being proposed for repeal. The content of this rule will be superseded by implementation of Rule 6A-3.0141, F.A.C. and is no longer necessary.

SUMMARY: Rule 6A-3.0141, F.A.C., is amended to replace the requirement that school districts use the Florida School Bus Operators Medical Examiner’s Certificate for Commercial Driver Fitness Determination (Form ESE 479) with the Form MCSA-5876, Medical Examiner’s Certificate and its associated guidelines. Due to the amendment of this Rule, Rule 6A-3.0151, F.A.C. is no longer needed and is being proposed for repeal.

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: Using the federal Medical Examiner's Certificate rather than a separate state form will reduce duplication and result in less regulatory costs.

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(3), 1001.02(1), 1006.22, 1012.45 FS.

LAW IMPLEMENTED: 316.615, 322.03, 1012.32(2)(a), 1012.45 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-3.0141 Employment of School Bus Operators.

(1) through (2) No change.

(3) Form ESE 479, Florida School Bus Operators Medical Examination Report for Commercial Driver Fitness Determination is hereby incorporated by reference and made a part of this rule to become effective November 2006. This form may be obtained from the Director of the School Transportation Management Section or the Bureau of Education Information and Accountability Services, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(3)(4) Prior to transporting students on a school bus each operator shall meet the following requirements:

(a) Hold a valid commercial driver license with a passenger endorsement and a school bus endorsement.

(b) Successfully complete forty (40) hours of preservice training consisting of at least twenty (20) hours of classroom instruction and eight (8) hours of behind-the-wheel training based upon the Department’s Basic School Bus Operator Curriculum, Revised 2006, which is hereby incorporated by reference and made a part of this rule. This document may be obtained from the School Transportation Management Section Bureau of Career Development, Department of Education, 325 West Gaines Street The Florida Education Center, Tallahassee, Florida 32399, at a cost not to exceed actual production and distribution costs.

(c) Demonstrate the ability to prepare required written reports.

(d) Be physically capable of operating the vehicle as determined by physical examination, in accordance with 49 C.F.R. s. 391.41(b), as evidenced by the Medical Examiner’s Certificate (Form MCSA-5876) and given by a certified medical examiner, registered with the National Registry of Certified Medical Examiners, pursuant to 49 CFR s. 391.43 Form ESE 479, prescribed by the Commissioner and given by a physician designated by the school board and as determined by a dexterity test administered by the school district. Form MCSA-5876 (effective March, 2016) is incorporated by reference (DOS link) and may be obtained from the School Transportation Management Section, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399. The school district shall report dexterity results on Form ESE 480, Dexterity Test for School Bus Driver (DOS link) (effective March, 2016), which is incorporated in this rule by reference. The medical examiner may not specify any waiver or exemption from the medical examination requirements, and no alternative physical qualification standards are recognized. Compliance with 49 C.F.R. Part 391 is required under section 1012.45, Florida Statutes. This document may be obtained from the School Transportation Management Section, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(e) Demonstrate physical and mental capabilities required to carry out all assigned responsibilities as a school bus operator.

(4)(5) A certification of training provided by the Commissioner shall be issued by the district to each operator successfully completing the forty (40) hours of preservice training.

(5)(6) Each district school board shall obtain a driver’s history record from the Department of Highway Safety and Motor Vehicles for each regular school bus operator, substitute operator, or any other individual certified to drive a school bus by the district. The schedule for reviewing these records shall be:

(a) Prior to initial employment;

(b) Prior to the first day of the fall semester.

(c) Thereafter, the district shall continuously screen operator records using the automated weekly updates, ensuring proper retrieval documentation for every week.

(6)(7) Driver history records shall be requested in a manner prescribed by the Department of Highway Safety and Motor Vehicles using the Automated School Bus Driver’s License Record Check System through the Department’s data base. All school districts shall obtain and review records for school bus operators using the automated data base system. For any operator licensed in another state, the district shall obtain and review the driver’s history record from the appropriate state.

(7) (8) Each school district shall establish a school board policy that specifies which infractions of the traffic code deem an applicant unqualified for employment hire and which causes any employee to be subject to a prescribed follow-up action. At a minimum, this policy shall state that any district school bus operator or contracted operator who should have known that his or her license has expired or has been suspended or revoked shall be subject to prescribed disciplinary measures up to and including dismissal by the school board.

(8)(9) At least annually, the school district shall assure that the operator of a school bus meets the following requirements:

(a) The requirements of paragraph (3) (4)(a) of this rule.

(b) Successfully complete a minimum of eight (8) hours of inservice training related to the operator’s responsibilities for transporting students.

(c) Successfully pass a dexterity test administered by the school district and maintain a valid Medical Examiners Certificate.

(9)(10) At the time of reemployment, the school board shall assure that each school bus operator meets all of the requirements of subsections (2) and (3) and paragraph (3) (4)(a) and (d) of this rule. If not more than a twelve continuous calendar month break in service has occurred, an operator shall be required to complete eight (8) hours of inservice training related to their responsibilities for transporting students prior to driving a school bus with students. If a period exceeding twelve (12) calendar months has occurred, the operator shall be required to successfully complete all of the requirements of subsections (2) through (6) (5) of this rule.

(11) All school bus operators shall be subject to the Federal requirements of 49 C.F.R., Parts 382 and 391 related to the substance abuse testing and alcohol detection program.

Rulemaking Authority 316.615(3), 1001.02(1), 1006.22, 1012.45 FS. Law Implemented 316.615 112.044(3), 322.03(1), (3), 1006.22, 1012.32(2)(a), 1012.45 FS. History–New 8-1-86, Amended 7-5-89, 11-15-94, 4-18-96, 6-24-03, 11-26-06, 4-25-07,

 

6A-3.0151 School Bus Driver Physical Examination and Medical Examiners Certificate.

Rulemaking Authority 1001.02, 1006.21, 1006.22 FS. Law Implemented 1001.02, 1006.21, 1006.22 FS. History–New 11-15-94, Repealed_______.

 

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 13, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 28, 2015