School bus operator training occurs at the local level. This amendment removes the requirement for the Commissioner of Education to provide a certification for school bus operator training. The amendment also specifies that a person with a medical ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-3.0141Employment of School Bus Operators

PURPOSE AND EFFECT: School bus operator training occurs at the local level. This amendment removes the requirement for the Commissioner of Education to provide a certification for school bus operator training. The amendment also specifies that a person with a medical variance, exemption or waiver issued by the Federal Motor Carrier Safety Administration (FMCSA) be recognized as physically capable of operating a school bus.

SUMMARY: The proposed rule removes the requirement for the Commissioner of Education to provide a certification for school bus operator training and would allow medical exemptions to be recognized for persons with disabilities who are able to demonstrate that they can safely operate a school bus by obtaining a federal exemption issued by the FMCSA.

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 proposed revisions to the rule establish that a person with a medical variance, exemption, or waiver from the Federal Motor Carrier Safety Administration may be recognized as physically capable of operating a school bus. Under the existing rule, this exception is not authorized and such persons would be ineligible for employment as school bus operators in Florida. The number of individuals to whom this exception applies and the cost of obtaining a federal exemption is unknown, but is not expected to approach or exceed $200,000 within one year after implementation of the rule 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: 316.615, 1001.02(1), 1006.22, FS.

LAW IMPLEMENTED: 316.615, 1006.22, FS.

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

DATE AND TIME: October 26, 2016, 10:00 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) 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) through (c) No change.

(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 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 and no alternative physical qualification standards are recognized. Compliance with 49 C.F.R. Part 391 is required under Section 1012.45, F.S. Form ESE 480 This document may be obtained from the School Transportation Management Section, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(e) No change.

(4) 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.

(4) (5) 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) through (c) No change.

(5) (6) 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.

(6) (7) Each school district shall establish a school board policy that specifies which infractions of the traffic code deem an applicant unqualified for employment 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.

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

(a) through (c) No change.

(8) (9) At the time of reemployment, the school board shall assure that each school bus operator meets all of the requirements of subsection (2) and paragraphs (3)(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) of this rule.

(9) (10) 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.

(10) Nothwithstanding the requirements of paragraph (3)(d) of this rule, a school district may accept a Medical Examiner’s Certificate that specifies a medical variance, waiver or exemption for a condition existing prior to March 23, 2016, if the school bus operator:

(a) Was employed by a school district on or before March 23, 2016;

(b) Was deemed physically capable of operating the vehicle under a prior version of this rule; and,

(c) Has demonstrated to the satisfaction of the school district that he or she is physically capable of operating the vehicle.

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,                            .

 

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: September 26, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September1, 2016