The Big Picture:Legislative, State, and National Issues

Presented to 61st FAPT Annual Conference

July 8, 2008Charlie Hood, Director, School Transportation

Florida Department of Education

Legislation 2008--Failed

• SB 1662- Diana Kautz Student Safety Sponsors Act, sponsored installation of 3-point belts

• HB 1351 and others- Proximity of sexual offenders to bus stops

• SB 1216, HB 319- Hazardous walking extended to Grades 7-12, speed limit lowered, six lane roads, proximity of sexual offenders

Legislation 2008--Failed

• SB 316, others- Biodiesel and Ethanol Fuels, required increasing purchases of biofuels and ethanol over next three years

• HB 767- Claims bill for death of Jean A. Pierre Kamel (Palm Beach)

• SB 1112, HB 1121- Protection of students en route to and from school in code of conduct

Legislation 2008--Passed• Appropriations for 2008-09 is $471,068,862 (4% below

original 2007-08 amount)• Governor has directed agencies budget 4% less than 2008-09

legislative budget; DOE suggested districts reduce FEFP by 2%.

• CS/HB 13C- Passed in Special Session D, October 2007, reinstating no-fault PIP insurance that had sunsetted on October 1, 2007. Effective Jan. 1, 2008

• HB 503- Right to Keep and Bear Arms in Motor Vehicle; school and bus prohibitions in Section 790.115 are retained

Legislation 2008--Passed

• HB 623- School Breakfast Programs, required breakfast at certain schools may include “breakfast on the bus;” option for breakfast in class when bus is late

• HB 669- Jeffrey Johnston Stand Up for All Students Act- anti-bullying provisions (incl. bus), requires DOE model policy; district policies must comply to receive Safe Schools funds (2009-10)

Legislation 2008--Passed

• SB 1070- Intergovernmental Cooperation- provides that districts and others may agree to use each others’ buses, facilities, and equipment if reimbursed; school buses may be used for “other public purposes”

• HB 1175- Transportation Disadvantaged Services- eliminates semi-annual reports of bus availability to CTCs

Legislation 2008--Passed

• SB 1992- Highway Safety Bill- requires warnings on signs about increased fines for speeding in school zones; specifies certain serious offenses that disqualify commercial drivers if committed in personal vehicles

• HB 7135- Energy Bill, Numerous provisions relating to state energy policy and conservation

DEP Idling Rulemaking

• FAPT Statutes/Rules Committee provided valuable input

• ERC adopted rule June 19th; Rule 62-285.420 available at www.flrules.org

• Limits idling to 5 minutes, except in traffic, for health needs (A/C) and certain other exemptions

Federal Rulemaking

• NHTSA NPRM- Passenger crash protection• FTA Proposed Policy Statement and Tripper Service

Regulation (FTA 2008-0015)• FMCSA NPRM- Pre-service training of interstate

drivers (FMCSA-2007-27748)• USDOE- Changes to FERPA confidentiality rules• NASDPTS commented on all of the above

Legislation, Statutes, and Rules

• www.leg.state.fl.us (Florida legislative bills and statutes)

• www.flrules.org (Florida rules and statutes)

• www.regulations.gov (federal rulemaking—dockets and public comments)

Parent-Student Safety Instructions

• Safety instructions must be provided annually, in writing, as required by Rule 6A-3.0121

• DOE’s “Are We There Yet?” brochure can be printed for parents and others

• Available at www.FAPTFlorida.org, under the Manuals and Publications link

Illegal Passing

• FDOT and FDOE met to discuss potential countermeasures

• FAPT, law enforcement, others need to be involved

• Consider changes to s. 316.172?

• Remains a well documented problem…

FAPT Website and ListServe

• www.FAPTFlorida.org • Calendar of Events• faptgroup@faptflorida.org- Use this address

if you want to send email to all FAPT General Members

• faptsuppliers@faptflorida- for FAPT Supplier Members

NHTSA Rulemaking on Occupant Protection

• Docket and all comments at: http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=NHTSA-2007-0014

• Notice of Proposed Rulemaking (NPRM) for new buses only, phased in, would:• Require high back seats in all buses (already

required in Florida)• Require lap/shoulder belts in small buses (already

required in Florida)

NHTSA NPRM would:

• Require automatic seat bottom latching devices• Establish test standards and protocols for lap and

lap/shoulder (L/S) belts in small and large buses• Require 15 inches of seat width per passenger in L/S

belt equipped buses• Continue to allow lap belts in states that choose• Encourage (not require) states to use L/S belts• Reaffirm that states may use 402 funds for costs

Fatalities Reported as “Bus Related”

• Orlando Sentinel report: Bus-crash Deaths May Extend Record

• Based on FARS data confirming deaths of occupants in other vehicles

• 2005 there were 9; 2006 there were 19• 2007-08: one pedestrian student; 14 in other

vehicles

Crash Reporting

• DOE is redesigning some summary reports to provide better analysis and info

• New reporting threshold is $1,000 (2007-08)

• DOE and districts working to reconcile district-reported numbers (DOE system) with police reports (DHSMV system)

FATAL Crash Reporting • Districts must provide immediate notice of

any fatal crash to FDOE as soon as practical• Report by phone call and/or e-mail• Helps district and FDOE answer immediate

questions from administrators, media• Info is always treated as preliminary • Not meant as substitute for regular FDOE and

police crash reporting

Okaloosa Crash

• No life-threatening injuries

• Bus on elementary field trip rolled on I-10

• 14 3rd graders, four adults

• Bus rolled into median

• All students wearing lap belts and received pre-trip safety instructions

• NTSB investigated; results pending

Public Transit • Permitted form of student transportation in Florida• Feds allow “tripper service” (special routes for

schools must be open to public; may not have special signage; published routes)

• US District Court has ruled against FTA and is allowing Rochester transit to serve students

• NASDPTS has submitted comments supporting FTA regulations limiting use of public transit

Hazardous Walking

• Districts must now include location code on each student record if reported in Hazardous category

• Districts must update their inspections and documentation (determinations of HW locations) each five years

• DOE is reconciling data following surveys

Charter Schools

• Now 358 in Florida; continuing to grow• May now be sponsored by Florida Schools of

Excellence Commission (2006 HB 135)• Only 3 districts upheld in retaining sole

sponsorship of their charter schools• DOE revising its model agreement• Districts must monitor charter school

compliance

Driver Compliance and Liability

• Seat belt use

• Cell phone prohibition

• Idling restriction

• Unauthorized stop locations

• Mirror adjustment

• Others???

Transportation Security

• School Bus Watch- 1,758 Florida drivers; 49,151 nationally to date

• School Transportation Security Awareness (www.STSATrain.com)

• HR1- Requires TSA to conduct security assessments in student trans and report to Congress this summer

School Bus Evacuation• NHTSA has developed new driver inservice

module on bus evacuation• State Board rule requires evac instructions for

all passengers before every field and activity trip

• Evacuation procedures continue to be priority for all students, including ESE

• NTSB recommendations support as priority

Nat’l Congress on School Transportation (NCST)

• Gearing up for 2010

• New interim amendments procedure in place

• Committee chairs were selected in March 2008

• Volunteers being sought to serve on committees

• Document and info at www.NCSTOnline.org

National Associations• www.AmericanSchoolBusCouncil.org--

ASBC coordinates public information from NASDPTS, NAPT, NSTA, and the big three school bus manufacturers; e.g., positions on cell phone usage and other guidance

• www.NASDPTS.org• www.NAPT.org• www.yellowbuses.org (NSTA)

Awards and Scholarships• SESPTC- Awarding two $1,000 scholarships

again this year for college expenses of two graduating high school seniors in Okeechobee and DeSoto

• School Bus Operator of the Year- Florida Missing Children’s Day, Sept. 8, 2008

Our Office (DOE STMS)

• Started 07-08 with 9 professionals, 2 support• One professional position eliminated; one

support position transferred• Working to fill vacant fleet position• Will have 8 professionals, one support• Reevaluating/prioritizing office functions• Core services will remain. Stay tuned…

Questions and Comments?

www.fldoe.org/transportationCharlie.Hood@fldoe.org or

Schtrans@fldoe.org