A Perfect Storm: Navigating State and National Waters

1. A Perfect Storm:Navigating State and National Waters Presented to FAPT Mid-Year Transportation Directors Meeting February 12, 2009 Charlie Hood, Director, School Transportation Florida Department of Education

2. Legislation 2008--Failed • HB 249 and SB 382- School Zone Signs; requires posted warnings on signs about increased fines for speeding • SB 316- Biodiesel and Ethanol Fuels; requires increasing purchase of biofuels in state owned and school district vehicles and equipment over next three years

3. Legislation 2008--Failed • SB 1112 and HB 1121- Public School Supervision of Students- Provides that district school board does not assume supervisory duties for students en route to and from school by having adopted the required student Code of Conduct • SB 1662- Diana Kautz Student Safety Sponsors Act • Claims Bill ( HB 767) for family of Jean A. Pierre Kamel

4. Legislation 2008--Failed • SB 1216- Expands hazardous walking conditions to allow more grades and more locations • HB 1351- Increases distance from bus stop where certain sexual offenders may not live

5. Legislation 2008--Passed • Appropriations- Student Transportation FEFP for 2008-09 set at $471M, then reduced to $461M in the January 2009 Special Session • SB 154- Requires motorists to stop for pedestrians in crosswalks • HB 503- Allows licensed weapons on employer property, except in schools or buses where prohibited by s. 790.115, F.S.

6. Legislation 2008--Passed • SB 1070- Intergovernmental Cooperation- requires that local governments cooperate for transportation with reimbursement; school buses may be used for “other public purposes.” • HB 623- Provides that all levels of schools with 80% or higher free and reduced lunch students must offer free breakfast; may include “Breakfast on the Bus;” allows students to eat breakfast in class if bus is late

7. Legislation 2008--Passed • HB 669- Jeffrey Johnston Stand Up for All Students Act; prohibits bullying and harassment in education settings, including school buses, and on-line; requires district policies • HB 1175- Eliminates semi-annual reporting of school bus availability to Community Transportation Coordinators and requires that districts report upon request

8. Legislation 2008--Passed • SB 1992- Requires extra signage at school speed zones; specifies CDL disqualifying infractions when committed in personal vehicles • HB 7135- Energy Bill; numerous policies regarding state energy policy and conservation

9. Legislation 2009--Proposed • Governor’s budget recommendation for student transportation appropriations for 2008-09 not available as of 2/11/09 • HB 457- School districts have flexibility to spend certain categorical funds, including transportation, in operating budgets for 2009-10

10. Legislation 2009--Proposed • HB 473- Ronshay Dugans Act; designates Drowsy Driving Prevention Week; school bus drivers may only use wireless devices under limited circumstances • HB 481 and SB 1114- Increases penalty for illegal passing of bus by $65

11. Legislation 2009--Proposed • SB 522- Claims bill for relief; compensates V. Merriweather for alleged negligence of Palm Beach S.D. • HB 587 and SB 18- Claims bill; compensates Kamel and Dmitri for death of Kamel due to claimed negligence of Palm Beach S.D.

12. Legislation 2009--Proposed • SB 610- Provides that FDOE shall distribute Student Transportation FEFP funds to charter schools operating under Excellence Commission • HB 627 and SB 1320- Prohibits bus stops on state roads w/ 55 mph or higher speed • HB 87- Requires traffic and pedestrian control devices at most schools on state roads

13. 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)

14. ERC Rule Reducing Greenhouse Gases • With nearly 1,350 miles of coastline, Florida is more vulnerable to the worst potential effects of climate change than any other state. • 62-285.420 Heavy-Duty Vehicle Idling Reduction- Owners or operators of heavy-duty diesel engine powered motor vehicles are prohibited from idling for more than five consecutive minutes. Idling is the continuous operation of a vehicle’s main drive engine while the vehicle is stopped.

15. Exemptions Idling while stopped for traffic conditions over which the driver has no control, including being stopped for an official traffic control device or signal, in a line of traffic, at a railroad crossing, at a construction zone, or at the direction of law enforcement. (2) Idling of buses 10 minutes prior to passenger loading and when passengers are onboard if needed for passenger comfort. (3) If idling is necessary for a police, fire, ambulance, public safety, military, or other vehicle being used in an emergency or training capacity.

16. Exemptions (Continued) (4) If idling is necessary to verify that the vehicle is in safe operating condition as required by law and that all equipment is in good working order, either as part of a daily vehicle inspection or as otherwise needed, provided that engine idling is mandatory for such verification. (5) If idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to prevent a safety or health emergency, but not solely for the comfort of the driver.

17. Rule 62-285.420 is an example of a strategy that combines environmental and economic benefits. The State Board of Education requires that districts adopt local idling policies.  You may wish to ensure that your local policies are consistent with (and no less stringent than) this rule.

18. Fatalities 2008-09 to date (requiring school bus crash report): • Marion, 9/23/08- Frances Margay Schee, 13, killed when her school bus was struck from behind by a semi truck • Okaloosa, 10/14/08- Adult SUV driver killed when he ran into a school bus stopped to drop off students • Broward, 12/2/08- 35 year old male pedestrian killed when he was struck by a school bus reportedly turning left

19. Fatalities 2008-09 to date (requiring school bus crash report): • Pinellas, 1/14/09- High school student killed (died 1/19/09) due to injuries from jumping out the emergency exit of his bus while it was traveling down the road • Bay, 1/22/09- Adult male bicyclist killed when he pulled into the path of a school bus

20. Fatalities 2008-09 to date (other): • Leon, 9/5/08- Ronshay Dugans, 8, died when her Boys and Girls Club bus was struck by a concrete truck • Hernando, 9/9/08- Kaitlyn Harper was hit by a car while walking to a school bus stop not assigned to her • Indian River, 9/30/08, Jordan Miller, 15, was hit by a car while crossing to get to a bus stop not assigned to him

21. Fatalities 2008-09 to date (other): • Bay, 10/17/08, Melissa Tindell, 13, hit by a car near her bus stop before bus arrived • Leon, 1/9/09, Christopher Robles, 4, hit by a van in front of his school

22. Crash Reporting • Reporting threshold is $1,000 • DOE and districts working to reconcile district-reported numbers (DOE system) with police reports (DHSMV system)

23. 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

24. Public Transit • Allowed for student transportation in FL • FTA has proposed rulemaking that would prohibit public transit routes that exclusively serve public school students • Significant opposition to NPRM from transit agencies and some schools’ • School bus associations expected to support FTA again

25. 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

26. 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

27. Charter Schools • Now almost 400 in Florida; continuing to grow • Districts must ensure charter schools are following laws and rules relating to health and safety • Charter schools are included in FDOE monitoring of districts • Continued interest in “disaggregating” from district FEFP reporting (ABO)

29. Driver Compliance and Liability • Seat belt use • Cell phone prohibition • Idling restriction • Unauthorized stop locations • Mirror adjustment • Others???

30. Employee Criminal Background Checks • Still required upon employment • Required every five years • June 2009 is five years from passage of requirement to review • Required for contractors who are on school property

31. Federal Funding on the Horizon? • Stimulus Bill- Billions for public transit; none for school bus transportation • Diesel Emissions Reduction Act (DERA)- $300 million ($50 million currently) • Highway Bill Reauthorization- SAFETEA-LU expires 2010 • Safe Routes to School Reauthorization

32. FMCSA CDL Rules • National Registry of Certified Medical Examiners proposed rule • Physicals as part of CDL- Final Rule; must be implemented by Jan. 2012 • Preservice Training

33. Transportation Security • School Bus Watch- being revamped, rebranded as “First Observer” • School Transportation Security Awareness (www.STSATrain.com) • HR1- Required TSA to conduct security assessments in student trans and report to Congress by July 1, 2008; should be released spring 2009

34. 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

35. NHTSA Activities • NHTSA is developing Safe School Bus Stop Selection guide • Updated driver inservice training modules, including new evacuation module • Continuing to pursue defects investigations (safety recalls)

36. Nat’l Congress on School Transportation (NCST) • Gearing up for 2010 • New interim amendments procedure in place • Writing committees drafting revisions • State delegations to be • appointed this summer • Document and info at www.NCSTOnline.org

38. Awards and Scholarships • SESPTC- Awarding two $1,000 scholarships again this year for college expenses of two graduating high school seniors; parent or legal guardian must be Florida public school transportation employee meeting income criteria • School Bus Operator of the Year- FAPT and Missing Children’s Day

39. Links: • www.flrules.org/default.asp • www.leg.state.fl.us • www.fldoe.org/transportation • www.FAPTFlorida.org

40. 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

41. 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)

42. Stay tuned… • 2010 Emissions Requirements • Diesel Emissions Retrofits • American School Bus Council report • Coping with Reduced Budgets • Safe Routes to School • Monitoring Changes • NHTSA Final Rule on Belts • Fuel and Hurricanes • Drug and Alcohol Testing • Bus Operators’ Physicals and Training’ • Emergency Management and SMAA • Parent Pay Option?

43. Questions and Comments?www.fldoe.org/transportationCharlie.Hood@fldoe.org orSchtrans@fldoe.org