The Big Picture: Legislative, State, and National Issues

1
The Big PictureLegislative, State, and National
Issues

• Presented to 61st FAPT Annual Conference
• July 8, 2008
• Charlie Hood, Director, School Transportation
• Florida Department of Education

2
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

3
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

4
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

5
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)

6
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

7
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

8
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

9
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

10
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 rulemakingdockets
  and public comments)

11
Parent-Student Safety Instructions

• Safety instructions must be provided annually, in
  writing, as required by Rule 6A-3.0121
• DOEs Are We There Yet? brochure can be printed
  for parents and others
• Available at www.FAPTFlorida.org, under the
  Manuals and Publications link

12
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

13
FAPT Website and ListServe

• www.FAPTFlorida.org
• Calendar of Events
• faptgroup_at_faptflorida.org- Use this address if
  you want to send email to all FAPT General
  Members
• faptsuppliers_at_faptflorida- for FAPT Supplier
  Members

14
NHTSA Rulemaking on Occupant Protection

• Docket and all comments at http//www.regulations
  .gov/fdmspublic/component/main?mainDocketDetaild
  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)

15
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

16
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

17
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)

18
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

19
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

20
(No Transcript)
21
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

22
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

23
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

24
(No Transcript)
25
Driver Compliance and Liability

• Seat belt use
• Cell phone prohibition
• Idling restriction
• Unauthorized stop locations
• Mirror adjustment
• Others???

26
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

27
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

28
Natl 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

29
(No Transcript)
30
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)

31
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
  Childrens Day, Sept. 8, 2008

32
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

33
Questions and Comments?www.fldoe.org/transpor
tationCharlie.Hood_at_fldoe.org orSchtrans_at_fldoe.or
g