: To add certified cardiopulmonary resuscitation (CPR) training and first aid training to preservice training requirements for school bus operators; allow CPR and first aid training hours to count towards the required eight hours of annual in-...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-3.0141Employment of School Bus Operators

PURPOSE AND EFFECT: To add certified cardiopulmonary resuscitation (CPR) training and first aid training to preservice training requirements for school bus operators; allow CPR and first aid training hours to count towards the required eight hours of annual in-service training; removes the language that prohibits a certified medical examiner from specifying a waiver or exemption from the physical qualification standards in 49 CFR 391.41; and changes the name of the Automated School Bus Driver’s License Record Check System to Motor Vehicle Operator Tracking and Reporting System (MOTRS).

SUMMARY: This amendment requires certified CPR and first aid training for school bus operators as a portion of the required 40 hours preservice training and will allow CPR and first aid training hours to count towards the required annual eight hours of in-service training; allow a certified medical examiner to specify a waiver for an insulin-dependent school bus operator; and change the name of the driver history records access system.

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 been prepared by the Agency.

School districts currently provide 40 hours of required preservice and eight hours of required annual in-service training to school bus operators. CPR and first aid training may be incorporated in the training hours already required, and many school districts already provide CPR and first aid training. Therefore, there will be minimal additional expenses 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(3), 1001.02(1), 1006.22, 1012.45, FS.

LAW IMPLEMENTED: 316.615, 1006.22, 1012.32(2)(a), 1012.45, FS.

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

DATE AND TIME: July 17, 2019, start time TBD and posted at http://www.fldoe.org/policy/state-board-of-edu/meetings/ by July 3, 2019.

PLACE: Polk State College, Lakeland Campus, Technology Building, 3425 Winter Lake Road, Lakeland, Florida 33803.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations, Department of Education, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-3.0141 Employment of School Bus Operators.

(1) School bus operators are defined as any persons employed or contracted to the school district to transport prekindergarten through grade 12 students in school buses as defined in section 1006.25, F.S.

(2) No change.

(3) 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, which must include certified cardiopulmonary resuscitation (CPR) and first aid training, and must consist consisting of at least twenty (20) hours of classroom instruction and eight (8) hours of behind-the-wheel training. The classroom instruction and behind-the-wheel training shall be 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, Department of Education, 325 West Gaines Street, 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 CFR 391.41 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 391.43 49 C.F.R. s. 391.43 and as determined by a dexterity test administered by the school district. Form MCSA-5876 (effective March 2016) is incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-06476) 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 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06477) (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; however, a person with a medical variance, exemption, or waiver from the physical qualification standards in 49 C.F.R. s. 391.41(b), issued by the Federal Motor Carrier Safety Administration who has complied with the medical examination requirements pursuant to 49 C.F.R. s. 391.41 and the dexterity requirements pursuant to Form ESE 480, Dexterity Test for School Bus Driver, is recognized as physically capable of operating the vehicle. Compliance with 49 CFR C.F.R. Part 391 is required under section 1012.45, F.S. Form ESE 480 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) No change.

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

(6) No change.

(7) 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)(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,. which may include training hours from the required certified CPR and first aid training, pursuant to rule 6A-3.0121(2)(b)3., F.A.C.

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

(8) through (10) No change.

Rulemaking Authority 316.615(3), 1001.02(1), 1006.22, 1012.45 FS. Law Implemented 316.615, 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, 3-23-16, 11-29-16,_______.

 

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: June 17, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 10, 2019