Overview, Compliance, and Overview, Compliance, and Accountability:Accountability:

Keeping it between the LinesKeeping it between the Lines

65th FAPT Summer SymposiumPunta Gorda, June 24, 2013

Presented By:

Charlie Hood, FDOE

Monitoring:• FDOE no longer performs on-

site monitoring process• FDOE still authorized to

review district compliance when need exists

• Self-evaluation work papers available to districts

• FDOE can assist districts with self-evaluation

Basic Rules of the Road1.School Bus Evacuation Drills & Emergency Evacuation Instructions

a. Rules 6A-3.0171, FAC2.School Bus Loading Zones

a. Sections 1006.21(1) and 1013, F.S.b. Rule 6A-3.0171, FAC

3.Driver Licensure, Training, and Qualificationsa. Sections 1012.32, 1012.45 and 1012.465, F.S.b. Rules 6A-3.0141, 6A-3.0151 and 6A-3.0171, FAC

4.School Bus Inspections and Recordsa. Sections 1006.22 and 1006.25, F.S.b. Rule 6A-3.0171, FAC

5.Special Needs TransportationMultiple Federal mandates (mostly IDEA)

•District Policies & ProceduresChapter 6A-3, FAC; specific policies vary by district

SOPs as a Way of Work:• Establish schedule for

examination of records• Establish clear policy and

procedures• Secure and protect records,

but provide ease of access• Go paperless, where

possible

• Designate primary staff member(s)

• Cross-train, provide back-up staff

• Limit access to the records• Ask, “Do we need to keep

this?”

Statutes & Rules:• Statutes are set by the

Florida Legislature• FLDOE cannot change laws,

but can sometimes interpret

• Parents need to know what’s discretionary, what’s not

• Statutes are found at www.leg.state.fl.us

• Education rules are set by the State Board of Education

• Rules and chapter law are found in the Florida Administrative Code, at www.flrules.org

Federal Regs• Fed. Motor Carrier Safety

Regs (FMCSRs) established by the Fed. Motor Carrier Safety Admin. (FMCSA)

• Some FMCSRs apply, many don’t (which are which?)

• National Highway Traffic Safety Administration sets Fed. Motor Vehicle Safety Standards (FMVSS)

• NHTSA also provides guidance (e.g., Pre-school Seating Guidelines and Curriculum)

And now a word from our Statutes and Rules index…

Required District Policies, include:• Prohibiting Unnecessary Bus Idling• Prohibiting Use of Cell Phones while Driving• Safe Driver Plans• Annual Instructions to Students and Parents on

Trans Safety• Field and Activity Trips• Securing Equipment on Bus• Student Conduct• Routes and Stops

Hazardous Walking…

•Only applies to public elementary school students whose grade level does not exceed grade 6.

•Requires joint inspection by district and road jurisdiction, documented

•Requires mutual determination that areas meets statutory criteria

•Requires web-based reporting to FDOE by end of each survey week

Site Checklist:

Length Of Time On Board The Bus…

6A-3.0171 Responsibilities of School Districts for Student Transportation.Each school district shall exercise specific powers and responsibilities, as follows: (6) Routes and schedules. (c) To plan routes, so far as practicable, so that no elementary student shall be on a bus more than fifty (50) minutes or secondary school student more than one (1) hour during the morning or evening, and so that no more than an hour and one-half will elapse between the time the student boards the bus and the time school begins, or the time school closes and the student leaves the bus in the afternoon, and to arrange proposed routes which, insofar as possible, are free from major hazards.

Reasonable Walking Distance…6A-3.001 Basic Principles for Transportation of Students.

(3) A reasonable walking distance for any student who is not otherwise eligible for transportation pursuant to Section 1011.68, Florida Statutes, is any distance not more than two (2) miles between the home and school or one and one-half (1 1/2) miles between the home and the assigned bus

stop. Such distance shall be measured from the closest pedestrian entry point of the property where the student resides to the closest pedestrian entry point of the assigned school building or to the assigned bus stop. The pedestrian entry point of the residence shall be where private property meets the public right-of-way. The district shall determine the shortest pedestrian route whether or not it is accessible to motor vehicle traffic.

Overcrowding…• Section 1006.22, F.S., allows districts to transport

students up to the rated seating capacity of the bus, and,

• If emergency requires transporting more, bus must be operated at reduced speed; must provide prompt relief through re-routing or other means

• Rule 6A-3.0121, FAC, requires drivers to keep aisles and exits clear at all times

• What are the actual loads on your buses?• How many middle/high students will fit?

“The State Made Us Do It”

• Train staff in what’s in state law, what’s in state rules, and what’s not

• Train staff in local policies, procedures, and best practices (and define those terms)

• FDOE provides factual information on laws and rules to support FAPT and districts

• Example: FDOE may provide training or guidance, but the school district decides where to place a bus stop.

Charlie’s ZERO TOLERANCE List:• Leaving a child on the bus• Drivers not wearing belts (or improper use)• Drivers using cell phones or texting en route• Unauthorized stop locations (except in emergency)• Excess idling• Dropping students off at wrong stop, especially very

young students• Failure to comply with requirements for driver training,

licensure, or qualifications• Operating non-compliant buses• Allowing fear of lawsuits to cloud decisions

You’re not alone. Just ask…• FAPT (www.faptflorida.org)• Fellow directors and staff (FAPT surveys)• FDOE (www.fldoe.org/transportation; or call 850-

245-9795 or email schtrans@fldoe.org)• NHTSA (www.nhtsa.gov)• Florida Statutes (www.leg.state.fl.us)• State Board of Education Rules (www.flrules.org)• National Associations (nasdpts.org; napt.org;

yellowbuses.org)

Some resources:

• District Transportation contacts list• Self evaluation work papers• Statutes and Rules index• Fact sheets from FDOE (drivers, hazwalk,

others???)• Google and Internet (of course)

Why does it matter?• Maintaining confidence and trust by

administration and school board• Effective leadership of staff and organization• Positive relations with media (and mitigating

negative reports)• Minimizing negative findings following a crash• Minimizing dissatisfaction by parents, drivers,

other staff• And, of course…

SAFETY