2010 State of the State: A Lean, Green Safety Machine!

1. 2010 State of the State:A Lean, Green Safety Machine! Presented to FAPT Mid-year Transportation Directors Meeting February 11, 2010 Charlie Hood, Director, School Transportation Florida Department of Education

2. 2009 Legislation--Failed • HB 87- To require traffic and pedestrian control devices at most schools on state roads • HB 473- Ronshay Dugans Act; to create Drowsy Driving Prevention Week; school bus drivers may only use wireless devices under limited circumstances • HB 587 and SB 18- Claims bills

3. 2009 Legislation--Failed • SB 610- To provide that FDOE shall distribute Student Transportation FEFP funds to charter schools operating under Excellence Commission • HB 627 and SB 1320- To prohibit bus stops on state roads w/ 55 mph or higher speed • SB 212 and HB 261- To specify that persons under age 18 may not use wireless devices while driving

4. 2009 Legislation--Failed • HB 1449- To prohibit school personnel from manually physically restraining students with disabilities except in emergencies

5. 2009 Legislation--Passed • Appropriations (Chapters 2009-081 and 2009-082, LOF)- Student Transportation included in overall FEFP for 2009-10, set at $429M; reduced 13.1% since 2007-08 • SB 344- Dori Slosberg and Katie Marchetti Safety Belt Law- Provides that not wearing a seat belt in a motor vehicle is now a primary enforcement action

6. 2009 Legislation--Passed • HB 481 and SB 1114- Increased penalty for illegal passing of bus by $65; funds go to trauma centers • SB 522- Claims bill for relief; compensated Merriweather for alleged negligence of Palm Beach S.D.

7. 2009 Legislation--Passed • SB 1676- Revised s.1006.21, FS, to require that contiguous districts have reciprocal agreements for school bus transportation services, inspections, and screening requirements for public schools, including charter schools

8. 2010 Legislation--Proposed • Student Trans. Appropriations- Governor’s budget rec. for 2010-11 is $431M (+0.5%), still within FEFP • HB 81- Restricts allowable physical restraint and seclusion of students; requires district policy on whether drivers should be certified in manual physical restraint techniques

9. 2010 Legislation--Proposed • HB 177- Claims bill for death of Kamel, resulting from claimed negligence of district • HB 221 and SB 1144- Ronshay Dugans Act; to create Drowsy Driving Prevention Week; school bus drivers may only use wireless devices under limited circumstances • SB 316, HB 387- child restraint bill; requires booster seats for ages 4-7, except school buses

10. 2010 Legislation--Proposed • SB 326 (and others)- Prohibits texting by RR engineers and school bus operators • SB 418- Prohibits use of cell phones in school zones • HB 475 and SB 1110- Requires transitional speed zones at school zones and cameras

11. 2010 Legislation--Proposed • HB 599 and SB 1574- Authorizes elementary schools as hubs for secondary students; eliminates eligibility for secondary between 2 and 3 miles, but authorizes hazardous walking for secondary students; allows boards to approve exterior advertising on school buses

12. 2010 Legislation--Proposed • SB 896- Requires school nurse or other health care professional to provide bus drivers training in symptoms of diabetes (recognition hypo- and hyperglycemia) and actions to take; requires nurse or other professional on bus if bus driver has not completed training

13. Saving Money, Raising Revenue(what ideas have we heard, and are they allowed?) • Parent pay for service??? • Advertising inside buses (yes) or outside buses (no) • Consolidating and reducing bus stops • Reducing routes and mileage • 4-day week • Revising compensation packages

14. Saving Money, Raising Revenue(what ideas have we heard, and are they allowed?) • Seeking grants (EPA, Homeless assistance grants, transportation security, IDEA) • Reduce or eliminate courtesy busing • Review potential hazardous walking areas • Eliminate field trips, after-school trips • Cut back choice transportation (magnet schools, charters, out of zone) • Optimize fleet service schedules and parts

15. ERC Rule Reducing Greenhouse Gases • Rule 62-285.420, FAC, 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.

16. 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.

17. 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.

18. District Idling Policy Required: • Rule 6A-3.0171, FAC, requires that districts adopt local idling policies (effective November 25, 2006) • Districts should ensure local policies are consistent with (and no less stringent than) the new ERC idling rule • NASDPTS working on model national idling reduction program

19. Other Required Local Policies (Chapter 6A-3, FAC): • To prohibit cell phone use by drivers while actively operating the bus (stay tuned for further announcements…) • Safe driver plans, including which infractions disqualify a driver • Annual safety instructions/notice for parents and students

20. 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)

21. Fatalities in 2008-09 (requiring school bus crash report to FDOE): • 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

22. Fatalities in 2008-09 (requiring school bus crash report to FDOE): • Pinellas, 1/14/09- High school student 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 • Levy, 3/31/09- Adult female Shands Hospital employee killed when her SUV rear-ended a legally stopped school bus; infant daughter properly restrained in child seat minorly injured

23. Fatalities 2008-09 (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

24. Fatalities in 2009-10 (requiring school bus crash report to FDOE): • Brevard, 9/1/09- Pickup truck driver crossed into path of bus, head-on; died 9/16/09 • Escambia, 9/14/09- Teen driver ran stop sign and was hit by bus; died next day • Clay, 9/29/09- Teen driver and adult rear-ended bus stopped to turn left; both died • Palm Beach, 10/5/09- Adult male pedestrian allegedly jaywalking and died when hit by bus

25. Fatalities in 2009-10 (requiring school bus crash report to FDOE): • Highlands, 10/29/09- Motorcyclist crashed into bus in foggy weather and died • Lee, 11/23/09- Motorist killed in early morning crash into school bus • Lee, 12/3/09- Adult driver and passenger of Honda Civic killed when the car veered into the path of a bus

26. Fatalities 2009-10 (other): • Bay, 10/28/09- Brother and sister hit by car while crossing to get to bus stop before bus arrived; the six-year old was killed • Pinellas, 12/18/09- Teen girl killed by motorist while crossing busy intersection against light to get to nearby stopped school bus • Polk, 12/22/09- Teen student struck and killed by teen driver while walking home from school

27. Crash Reporting Reminders: • Reporting threshold is $1,000, started 07-08 • DOE is continuing to require that districts reconcile district-reported numbers (DOE system) with police reports (DHSMV system) • DOE receives daily clippings from DHSMV of ALL fatal crashes in Florida

28. 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

29. 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

30. 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

31. 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 • FAPT Statutes/Rules Committee considering recommendation to “disaggregate” Average Bus Occupancy for charter schools from district FEFP reporting

33. Issues on the National Radar • NTSB- • Milton, FL crash; bus rolled twice; injuries mitigated by use of lap belts • Huntsville, AL; driver not wearing belt; NTSB did not specifically cite lack of driver belt as cause, but many believe it was • SIR on Pedal Misapplication; NTSB recommending training for drivers, event data recorders, measures to separate students from bus traffic at schools • Motorcoaches- NTSB cited fatigue, faulty maintenance in several crashes

34. Public Transit and FTA Rulemaking • Allowable for student transportation in FL • FTA 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 (NSTA, NAPT, NASDPTS) supported FTA • FTA withdrew rule June 26, 2009; probably to allow new administration to review

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

36. Employee Criminal Background Checks • Still required upon employment • Required every five years • June 2009 was five years from passage of requirement to review • Required for contractors who are on school property; includes charter bus drivers

37. Driver Physical Exams • Physical form (ESE 479) now allows 13 month interval for dexterity testing, per FAPT requests • ESE 479 now has an “effective date” and no expiration date

38. Federal Funding • American Recovery and Reinvestment Act (“Stimulus Bill”)- Billions for public transit; virtually none for school bus transportation • Diesel Emissions Reduction Act (DERA)- $300 million; may be used for emissions reducing retrofits; limited bus replacement

39. Federal Funding • Highway Bill Reauthorization- SAFETEA-LU has expired, now under continuing resolution • Highway trust fund depleted; Congress grappling with revenue replacement • Safe Routes to School Reauthorization- NASDPTS has supported allowing SRTS funds for students walking to/from bus stops

40. 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 Proposed Rule- Would require 90 hours preservice training by accredited school to obtain CDL; actively opposed by NASDPTS, NSTA; probably on back burner for now

41. Transportation Security • School Bus Watch- was revamped, re-launched as School Bus First Observer) • School Transportation Security Awareness (www.STSATrain.com) • 9/11 Commission Act of 2007- Required TSA to conduct security assessments in student transportation and report to Congress by July 1, 2008; still waiting for approval

42. Transportation Security • TSA Highway and Motor Carriers (HMC) office performing voluntary Corporate Security Reviews • HMC is also conducting transportation security exercises around US involving mock school transportation security incidents

43. 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/activity trip • FDOE has a suggested “script” from Polk • Evacuation procedures continue to be priority for all students, including ESE • NTSB recommendations support as priority

44. NHTSA Activities • NHTSA is developing Safe School Bus Stop Selection guide • Updated driver inservice training modules, including new evacuation module • Aggressively pursuing school bus defects and requiring safety recalls when warranted • Districts should continue to contact FDOE when they find potential safety defects on buses

45. National Congress on School Transportation, May 16-19, 2010 • Purpose is to update the National School Transportation Specifications and Procedures • Writing committees have drafted revisions • Florida’s delegation: Mike Connors, Greg Akin, Fred Murphy, Jerry Klein, Tad Kledzik, Charlie Hood, TBA • NSTSP, draft revisions, and other info at www.NCSTOnline.org

47. Awards and Scholarships • SESPTC- Awarding two $1,000 scholarships again this year for 2010-11 college expenses of two graduating high school seniors; parent or legal guardian must be Florida public school transportation employee meeting income criteria (max $75K AGI) • School Bus Operator of the Year- FAPT and Florida Missing Children’s Day

48. FDLE Missing Children’s Issues • All persons encouraged to sign up to receive Amber Alerts • Parents and others can sign up to receive notifications when sexual offenders and predators move within proximity of homes • Districts are encouraged to continue training drivers to report suspicious incidents and to have a system for notifying drivers of offenders’ addresses

49. NHTSA Rulemaking on Occupant Protection • Final Rule adopted October 21, 2008 • Rule requires: • “High back” seats in all new buses starting 10/21/09 (already required in Florida) • Lap/shoulder belts 10/21/11 in small buses (already required in Florida)

50. NHTSA Final Rule: • Requires automatic seat bottom latching devices for any seat that flips up or is removable (new buses, effective 10/21/09) • Establishes test standards and protocols for lap and lap/shoulder (L/S) belts in small and large buses • Continues to allow lap belts in states that choose • Encourages (doesn’t require) states to use L/S belts • Reaffirms that states may use 402 funds for costs