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Statutes, Regulations, Compliance & Monitoring: What You Need To Know

Statutes, Regulations, Compliance & Monitoring: What You Need To Know. FAPT Summer Symposium Ocala, June 25-27, 2012. Presented By: Charlie Hood, FDOE. Monitoring:. FDOE no longer performs on-site monitoring process FDOE still authorized to review district compliance when need exists

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Statutes, Regulations, Compliance & Monitoring: What You Need To Know

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  1. Statutes, Regulations, Compliance & Monitoring:What You Need To Know FAPT Summer Symposium Ocala, June 25-27, 2012 Presented By: Charlie Hood, FDOE

  2. 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

  3. Monitoring (con’t): • Criteria: • School Bus Evacuation Drills & Emergency Evacuation Instructions • a. Rules 6A-3.0171, FAC • School Bus Loading Zones • a. Sections 1006.21(1) and 1013, F.S. • b. Rule 6A-3.0171, FAC • School Bus Operator Licensure/Qualifications • a. Sections 1012.32, 1012.45 and 1012.465, F.S. • b. Rules 6A-3.0141, 6A-3.0151 and 6A-3.0171, FAC • School Bus Inspection and Records • a. Sections 1006.22 and 1006.25, F.S. • b. Rule 6A-3.0171, FAC • Special Needs Transportation • Multiple Federal mandates • District Policies & Procedures • Chapter 6A-3, FAC; specific policies vary by district

  4. Monitoring (con’t): • Establish routine for examination of records • Establish clear policy and procedures • Secure and protect records, but provide ease of access • Designate primary staff member(s) • Cross-train, provide back-up staff • Limit access to the records • Have a sign-out log when records are removed from file room

  5. Statutes & Rules: • Statutes are set by the Florida Legislature • FLDOE cannot change laws • Parents who want law changes need to contact elected officials • Statutes are found at www.leg.state.fl.us • Education rules are set by the State Board of Education • Rules are found in the Florida Administrative Code, at www.flrules.org

  6. Federal Regulations: • Federal laws and rules apply • Fed. Motor Carrier Safety Regs (FMCSRs) established by the Fed.Motor Carrier Safety Admin (FMCSA) • National Highway Traffic Safety Administration sets Fed. Motor Vehicle Safety Standards (FMVSS) • NHTSA also provides guidance (e.g., Pre-school Seating Guidelines and Curriculum)

  7. What are some of the most frequent questions in School District Transportation Departments?

  8. And now a word from our index…

  9. Hazardous Walking… 1006.23 F.S. Hazardous walking conditions.— (1) DEFINITION.—As used in this section, “student” means any public elementary school student whose grade level does not exceed grade 6. (2) TRANSPORTATION; CORRECTION OF HAZARDS.— (a) It is intended that district school boards and other governmental entities work cooperatively to identify conditions that are hazardous along student walking routes to school and that district school boards provide transportation to students who would be subjected to such conditions. It is further intended that state or local governmental entities having jurisdiction correct such hazardous conditions within a reasonable period of time. (b) Upon a determination pursuant to this section that a condition is hazardous to students, the district school board shall request a determination from the state or local governmental entity having jurisdiction regarding whether the hazard will be corrected and, if so, regarding a projected completion date. State funds shall be allocated for the transportation of students subjected to such hazards, provided that such funding shall cease upon correction of the hazard or upon the projected completion date, whichever occurs first. (3) IDENTIFICATION OF HAZARDOUS CONDITIONS.—When a request for review is made to the district school superintendent or the district school superintendent’s designee concerning a condition perceived to be hazardous to students in that district who live within the 2-mile limit and who walk to school, such condition shall be inspected by a representative of the school district and a representative of the state or local governmental entity that has jurisdiction over the perceived hazardous location. The district school superintendent or his or her designee and the state or local governmental entity or its representative shall then make a final determination that is mutually agreed upon regarding whether the hazardous condition meets the state criteria pursuant to this section. The district school superintendent or his or her designee shall report this final determination to the department.

  10. Hazardous Walking (con’t)… (4) STATE CRITERIA FOR DETERMINING HAZARDOUS WALKING CONDITIONS.— (a) Walkways parallel to the road.— 1. It shall be considered a hazardous walking condition with respect to any road along which students must walk in order to walk to and from school if there is not an area at least 4 feet wide adjacent to the road, having a surface upon which students may walk without being required to walk on the road surface. In addition, whenever the road along which students must walk is uncurbed and has a posted speed limit of 55 miles per hour, the area as described above for students to walk upon shall be set off the road by no less than 3 feet from the edge of the road. 2. The provisions of subparagraph 1. do not apply when the road along which students must walk: a. Is in a residential area which has little or no transient traffic; b. Is a road on which the volume of traffic is less than 180 vehicles per hour, per direction, during the time students walk to and from school; or c. Is located in a residential area and has a posted speed limit of 30 miles per hour or less.

  11. Hazardous Walking (con’t)… (4) STATE CRITERIA FOR DETERMINING HAZARDOUS WALKING CONDITIONS.— (b) Walkways perpendicular to the road.—It shall be considered a hazardous walking condition with respect to any road across which students must walk in order to walk to and from school: 1. If the traffic volume on the road exceeds the rate of 360 vehicles per hour, per direction (including all lanes), during the time students walk to and from school and if the crossing site is uncontrolled. For purposes of this subsection, an “uncontrolled crossing site” is an intersection or other designated crossing site where no crossing guard, traffic enforcement officer, or stop sign or other traffic control signal is present during the times students walk to and from school. 2. If the total traffic volume on the road exceeds 4,000 vehicles per hour through an intersection or other crossing site controlled by a stop sign or other traffic control signal, unless crossing guards or other traffic enforcement officers are also present during the times students walk to and from school. Traffic volume shall be determined by the most current traffic engineering study conducted by a state or local governmental agency.

  12. 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.

  13. Hazardous Walking (con’t)…

  14. 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.

  15. 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?

  16. “The State Made Us Do It” Please instruct staff not to tell upset parents that “the State made us do it.” FDOE does not make a district do anything. FDOE provides factual information on laws and rules, and works with FAPT and districts to recommend policies or regs. An example of this would be bus stop placement; FDOE may provide training or guidance, but the school district decides where to place a bus stop.

  17. Sexual Offenders/Predators • In 2004, SB120 changed the requirements regarding bus stop locations in relation to residences of certain Sexual Offenders. • Bus stops can not be placed within 1000 feet of the residential address of a qualifying Sexual Offender. • Only offenders convicted of certain types of crimes against persons under age 18 and released from prison under “Conditional Release Supervision” qualify. • Many parents believe that all offenders/predators qualify, but that is not true. • Detailed definition of “Conditional Release Supervision” can be found located within the SB120. • Clarifying documentation from FDOE and the Florida Department of Corrections (FDOC) can be obtained by sending an email to the School Transportation Management Office at FDOE. • Information on individual offenders/predators and their current status can be found in the Florida Department of Law Enforcement (FDLE) Sexual Offender & Predator Database at www.offender.fdle.state.fl.us/offender/Search.jsp.

  18. Charlie’s ZERO TOLERANCE List: • Making excuses for leaving child on 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 qualifiations • Operating non-compliant buses • Allowing fear of lawsuits to cloud decisions

  19. You’re not alone. Just ask… • FAPT (www.faptflorida.org) • Fellow directors and staff • 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)

  20. 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 disatisfaction by parents, drivers, other staff • But most importantly…

  21. Any other questions for discussion?

  22. Thank you!

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