The Big Picture: Legislative, State, and National Issues

1. The Big Picture:Legislative, 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 rulemaking—dockets and public comments)

11. 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

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@faptflorida.org- Use this address if you want to send email to all FAPT General Members • faptsuppliers@faptflorida- for FAPT Supplier Members

14. NHTSA Rulemaking on Occupant Protection • Docket and all comments at: http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=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

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

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. Nat’l 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

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 Children’s 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/transportationCharlie.Hood@fldoe.org orSchtrans@fldoe.org