Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-3.006: Pool Purchase Plan for Purchase of Equipment and Contractual Needs; Department of Management Services, Division of Purchasing Authorized to Negotiate Contracts
6A-3.0121: Responsibility of School District and Parents for Students with Special Transportation Needs who are Transported at Public Expense
6A-3.0141: Employment of School Bus Drivers
6A-3.0151: School Bus Driver Physical Examination and Medical Examiners Certificate
6A-3.016: Responsibilities of Deputy Commissioner for Finance and Operations for Student Transportation
6A-3.0171: Responsibilities of School Districts for Student Transportation
6A-3.0291: Specifications for New School Buses
6A-3.037: Alternate Engine Fuels for School Buses
PURPOSE AND EFFECT: The purpose is to implement Florida’s statutory requirements for safe and efficient transportation of Florida public school students by county school districts and charter schools. The effect will be rules which meet current public expectations and the higher benchmarks set by student transportation providers for the safety of students.
SUMMARY: The proposed revisions to the rules listed above include the following changes: deletion of unnecessary and obsolete provisions relating to the state volume purchasing program for school buses; updated provisions relating to statutorily mandated program for bidding of school buses, drug and alcohol testing services, and purchase of other commodities and services that may be needed by school districts; removal of provisions specifying distinctions for transportation of students with special needs that may be inconsistent with federal law; specifying school district responsibilities to inform parents regarding the safety of students while in transit to and from school and to and from bus stops; updating requirements for school bus operators relating to new, statutorily required commercial driver license school bus endorsement; removal of references to specific paper-based forms for systems in which reports to the Department of Education have been automated; requiring school board policies prohibiting use of cell phones by school bus operators while driving and prohibiting unnecessary idling while in the vicinity of students; requiring that school bus operators driving on field or activity trips instruct all passengers regarding locations and proper use of emergency exits; require that school bus operators check their buses after each trip to ensure that no students are left on board; and update requirements for school buses powered by alternative fuels to allow for newer technologies, such as hybrid diesel-electric power.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1006.21-1006.27, 1012.45 FS.
LAW IMPLEMENTED: 1006.21-1006.27, 1012.45 FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: October 17, 2006, 9:00 a.m.
PLACE: Jacksonville, Florida (For exact location please contact Lynn Abbott at (850)245-9661.)
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least days before the workshop/meeting by contacting: If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Charlie Hood, Director, Office of School Transportation, Department of Education, 325 West Gaines Street, Tallahassee, Florida; (850)245-9924.

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-3.006 Pool Purchase Plan for Purchase of Equipment and Contractual Needs; Department of Management Services, Division of Purchasing Authorized to Negotiate Contracts.

(1) The Deputy Commissioner for Finance and Operations or designee is authorized and directed to coordinate volume purchasing a pool plan for the purchase of transportation equipment as provided by Section 1006.27, 229.79, Florida Statutes. This purchasing plan shall include conducting and administering bids for new school buses, coordinating purchasing of drug and alcohol testing services, and purchasing of other commodities and services as needed. The Department may award bids as either low bid awards or as multiple supplier awards. Special equipment not included in the bid specficiations but approved by the Deputy Commissioner for Finance and Operations shall be listed and priced separately. Commitments to purchase school buses, equipment, supplies and contractual needs through a pool shall be solicited from school boards and such commitments, when included in the pool, shall become an obligation of the school board to buy.

(2) Form ESE 232, Pool Purchase Commitment for School Buses is incorporated by reference in this rule to become effective August, 1986. This form may be obtained from the Administrator of School Transportation Management Section or Information Services and Accountability, Department of Education, The Florida Education Center, Tallahassee, Florida 32399.

(3) The Deputy Commissioner for Finance and Operations or authorized representative shall request bids for equipment by number and size on the basis of the commitments submitted in subsection (1) above; provided, that should it appear, in the judgment of the Deputy Commissioner for Finance and Operations after a review of the overall competitive situation, that the interest of the districts would best be served by negotiation, the Deputy Commissioner for Finance and Operations may request the Department of Management Services, Division of Purchasing to negotiate with the industry to establish a price or prices under Chapter 287, Florida Statutes. Special equipment not included in the bid specifications but approved by the Deputy Commissioner for Finance and Operations shall be listed and priced separately. The Deputy Commissioner for Finance and Operations or authorized representative shall be present at each bid opening. Invitations for bids on chassis or bodies should be sent to representatives of each chassis and body manufacturer whose products have been certified to the Deputy Commissioner for Finance and Operations as meeting the specifications of the State Board. The invitation and bid shall be separate for body and chassis unless authorized by the Deputy Commissioner for Finance and Operations.

(2)(4) If requested by the Deputy Commissioner for Finance and Operations, each dealer submitting bids under a pool plan shall enclose a certified check, bank money order, cashier’s check, or performance bond as a good faith deposit in an amount in keeping with the minimum order, drawn in favor of the State of Florida and the purchasing school districts. The good faith deposit of the successful bidder shall be held until the terms of the purchase contract have been met. The good faith deposit shall be forfeited in full or in part if the contract is not fulfilled, provided that the State Board shall have the right to grant an extension of time if the reason for not meeting the terms of the contract is beyond the control of the successful bidder and to alter the terms of the contract before the deposit is forfeited and deposited as required by law.

(5) The low bid on the complete unit shall be the f.o.b. factory cost of the chassis, plus freight to the body plant, plus f.o.b. factory cost of body, plus cost of approved chassis and body options committed for purchase, plus cost of delivery to destination.

(6) Purchase awards for school buses shall be made upon the basis of two (2) or more bona fide bids.

(3)(7) The period covered by the contract or contracts shall be for such duration and may be renewable as may be determined by the Deputy Commissioner for Finance and Operations Commissioner as is consistent with needs, availability of materials, and production schedules, and shall provide that within a reasonable period the equipment shall be made available to other school boards and state agencies in compliance with the provisions of Section 1006.27 and Chapter 287, Florida Statutes.

(8) Ceiling prices, when established by the Department of Management Services, Division of Purchasing for transportation equipment may be adjusted by the Division of Purchasing based upon studies of its executive director or on data presented by the Commissioner showing that the competitive situation warrants an adjustment in prices.

(4)(9) Upon acceptance of the pool purchase bid or establishment of a price by negotiation, eEach participating district and other authorized purchasers shall issue a purchase order or orders for the equipment as a commitment to purchase, which it committed to the pool; provided the quantity of such orders may be increased by the school board.

(10) The Deputy Commissioner for Finance and Operations shall review and approve purchase orders issued by the respective school boards and all other authorized purchasers of buses from the pool purchase bid for transmittal to the contractors.

(5)(11) A contract for the purchase of school bus chassis, bodies, or equipment may be made upon the basis of bids received by the school board when the price quoted does not exceed the comparable ceiling price established by the most recent state volume purchasing pool purchase plan or bids accepted by the Deputy Commissioner for Finance and Operations. In any case, where there is question as to whether ceiling prices are exceeded, the bids shall be forwarded to the Deputy Commissioner for Finance and Operations for review and approval before awarding a contract. In all such cases, the Deputy Commissioner for Finance and Operations, before approval is given, shall review bids and specifications to determine if laws and rules have been complied with.

(12) The Deputy Commissioner for Finance and Operations shall furnish periodic information, showing the lowest prices received, to school boards for guidance in making awards.

(6)(13) The Deputy Commissioner for Finance and Operations, upon approval of the Office of Planning and Budgeting in the Executive Office of the Governor, may serve as agent in clearance of volume pool purchases in the event companies submitting successful bids will not accept purchase orders and warrants for payment of invoices issued by school boards.

Specific Authority 1001.03, 1002.42, 1006.27, 1011.14 FS. Law Implemented 1002.42, 1006.27, 1011.14 FS. History–Amended 3-26-66, Repromulgated 12-5-74, Amended 7-10-85, Formerly 6A-3.06, Amended 8-19-86, 11-15-94, 4-18-96,

 

6A-3.0121 Responsibility of School District and Parents or Guardians for Students with Special Transportation Needs Wwho Are Transported at Public Expense.

(1) The school district shall determine what safety measures shall be used in the transportation of students with special transportation needs, as defined in Sections 236.083(1)(b), (c), and (f), Florida Statutes, including the method of securement or positioning of the student. Such safety measures shall include the designation of routes roads, bus turning areas, and student stop locations which shall not be left to the discretion of the bus operator driver or the parents or guardians of the students. The district shall provide belt cutters meeting Florida School Bus Specifications on any school bus equipped with passenger securement or restraint straps. The district shall determine the method of securement or positioning of students with special needs.

(2) The school district shall exercise additional specific powers and responsibilities as follows:

(a)(2) The district shall provide bus operators drivers and attendants instructions, in writing, as to any special conditions or non-medical care which a student may need while on the bus.

(b) The district shall instruct bus operators, and attendants if used, in their responsibilities for students who are transported at public expense as follow:

(3) School transportation shall not be provided for students with special transportation needs when parents of such students fail to assume their responsibilities as defined by district policy which shall address appropriate supervision at the bus stop.

(4) Responsibility of the school bus driver and attendants, if used, for students with special transportation needs who are transported at public expense:

1.(a) The operator driver or attendant of a bus transporting students with special transportation needs shall remain with the bus so that students aboard will be under supervision at all times, except to call for assistance in case of an emergency or accident involving the students or bus.

2.(b) In cases where a student with physical disabilities is unable to leave the area of a student stop without assistance, the school bus operator driver shall not assume responsibility for such assistance except in an emergency which threatens the safety of such student or students.

3.(c) The operator driver and attendant shall be provided training related to students with special transportation needs while being transported; however, the operator driver and attendant shall not give medicine and shall limit his other assistance to that which may normally be expected of a reasonable, prudent person or as specified in the student’s Individual Educational Plan.

(c) The district shall inform parents, guardians, and students at least annually in writing of their responsibilities and related district policies as follow:

1. To ensure the safe travel of their students during the portions of each trip to and from school and home when the students are not under the custody and control of the school district, including during each trip to and from home and the assigned bus stop when the school district provides bus transportation.

2. To ensure that students ride only in their assigned school buses and get off only at assigned bus stops, except when the district has approved alternative buses or arrangements,

3. To ensure students are aware of and follow the district’s adopted code of student conduct while the students are at school bus stops and to provide necessary supervision during times when the bus is not present.

4. To ensure that, when the physical disability of the student renders the student unable to get on and off the bus without assistance, the parent or guardian provides the necessary assistance to help the student get on and off at the bus stop, as required by district policy or the student’s individual educational plan.

(5) Responsibilities of parents of students with special transportation needs transported at public expense:

(a) Parents shall provide the necessary assistance and protection for their children while enroute to and from the school bus stop and comply with the school bus schedule. Parents shall provide the necessary supervision of such child at the bus stop in accordance with district policy.

(b) In cases where the physical impairment of a student renders the student unable to get on and off the bus without assistance, parents shall provide the necessary assistance for helping their student get on and off at the bus stop if required by district policy.

(3)(6) Knowledge, skills and abilities related to student management techniques and characteristics of the students with special transportation needs shall be considered when selecting or assigning operators drivers and attendants for routes serving the students.

Specific Authority 1001.02 FS. Law Implemented 1001.02, 1001.42(4)(l), 1003.21(1)(e), 1006.21 FS. History–New 3-26-66, Amended 9-17-72, Repromulgated 12-5-74, Formerly 6A-3.121, Amended 11-15-94,

 

6A-3.0141 Employment of School Bus Operators Drivers.

(1) School bus operators drivers are defined as any persons employed or contracted to the school district to transport prekindergarten through grade 12 students in school buses as defined in Section 1006.25, Florida Statutes.

(2) At the time of initial employment the school board shall assure that the operator driver of a school bus meets the following requirements:

(a) Has five (5) years of licensed driving experience.

(b) Has submitted to the superintendent a written application for employment in a form prescribed by the school board.

(c) Has filed a set of fingerprints for the purpose of the required background check for determining criminal record.

(3) Form ESE 479, Physical Examination for School Bus Operator Driver and Medical Examiners Certificate is hereby incorporated by reference and made a part of this rule to become effective November 2006 June 2003. This form may be obtained from the Director Administrator of the School Transportation Management Section or the Bureau of Education Information and Accountability Services and Accountability, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(4) Prior to transporting students on a school bus each operator driver shall meet the following requirements:

(a) Hold a valid commercial driver license with a passenger endorsement and a school bus endorsement.

(b) Successfully complete forty (40) hours of preservice training consisting of at least twenty (20) hours of classroom instruction and eight (8) hours of behind-the-wheel training based upon the Department’s Basic School Bus Operator Driver Curriculum which is hereby incorporated by reference and made a part of this rule. This document may be obtained from the Bureau of Career Development, Department of Education, The Florida Education Center, Tallahassee, Florida 32399, at a cost not to exceed actual production and distribution costs.

(c) Demonstrate the ability to prepare required written reports.

(d) Be physically capable of operating the vehicle as determined by physical examination, Form ESE 479, prescribed by the Commissioner and given by a physician designated by the school board and as determined by a dexterity test administered by the school district.

(e) Demonstrate physical and mental capabilities required to carry out all assigned responsibilities as a school bus operator driver.

(5) A certification of training provided by the Commissioner shall be issued by the district to each operator driver successfully completing the forty (40) hours of preservice training.

(6) Each district school board shall obtain a driver’s history record from the Department of Highway Safety and Motor Vehicles for each regular school bus operator driver, substitute operator driver, or any other individual certified to drive a school bus by the district. The schedule for reviewing these records shall be:

(a) Prior to initial employment;

(b) Prior to the first day of the fall semester.

(c) Thereafter, the district shall continuously screen operator driver records using the automated weekly updates, ensuring proper retrieval documentation for every week., or

(d) In the event a continuous weekly update is not performed as described in paragraph (6)(c) of this rule, school districts will perform required driving record checks prior to the first day of each semester of the regular school year, and prior to the first day of summer school for anydriver who will be transporting students during summer school.

(7) Driver history records shall be requested in a manner prescribed by the Department of Highway Safety and Motor Vehicles using the Automated School Bus Driver’s License Record Check System through the Department’s data base. All school districts shall obtain and review records for school bus operators drivers using the automated data base system. For any operator driver licensed in another state, the district shall obtain and review the driver’s history record from the appropriate state.

(8) Each school district shall establish a school board policy that specifies which infractions of the traffic code deem an applicant unqualified for hire and which causes any employee to be subject to a prescribed follow-up action. At a minimum, this policy shall state that any district school bus operator or contracted operator employee who should have known that his or her license has expired or has been suspended or revoked shall be subject to prescribed disciplinary measures up to and including knowingly operates a school bus with a suspended or revoked license shall be subject to dismissal by the school board.

(9) At least annually, the school district shall assure that the operator driver of a school bus meets the following requirements:

(a) The requirements of paragraph (4)(a) of this rule.

(b) Successfully complete a minimum of eight (8) hours of inservice training related to the operator’s driver’s responsibilities for transporting students.

(c) Successfully pass a dexterity test administered by the school district and maintain a valid Medical Examiners Certificate.

(10) At the time of reemployment, the school board shall assure that each school bus operator driver meets all of the requirements of subsections (2) and (3) and paragraph (4)(a) of this rule. If not more than a twelve continuous calendar month break in service has occurred, a operator driver shall be required to complete eight (8) hours of inservice training related to their responsibilities for transporting students prior to driving a school bus with students. If a period exceeding twelve (12) calendar months has occurred, the operator driver shall be required to successfully complete all of the requirements of subsections (2) through (5) of this rule.

(11) All school bus operators drivers, including those drivers employed by school districts with fifty (50) or fewer covered employees under the authority provided in this rule, shall be subject to the Federal requirements of 49 C.F.R., Parts 382 and 391 related to the substance abuse testing and alcohol detection program.

Specific Authority 316.615(3), 1001.02(1), 1006.22, 1012.45 FS. Law Implemented 112.044(3), 322.03(1), (3), 1006.22, 1012.32(2)(a), 1012.45 FS. History–New 8-1-86, Amended 7-5-89, 11-15-94, 4-18-96, 6-24-03,

 

6A-3.016 Responsibilities of Deputy Commissioner for Finance and Operations for Student Transportation.

(1) through (8) No Change.

(9) Transportation records, reports, and accounting.

(a) No change.

(b) Form ESE 420, Additions to School Bus Inventory is hereby incorporated by reference and made a part of this rule to become effective November 1994. This form may be obtained from the Administrator of School Transportation Management Section or Information Services and Accountability, Division of Public Schools, Department of Education, The Florida Education Center, Tallahassee, Florida 32399. On or before January 1, 1995, Aall school districts shall report school bus inventories inventory additions using the Department’s Automated School Bus Inventory System utilizing the Department’s data base.

(c) No change.

(10) No change.

Specific Authority 1001.02, 1006.21, 1006.22 FS. Law Implemented 1001.02, 1006.21, 1006.22 FS. History–Amended 9-17-72, 7-20-74, Repromulgated 12-5-74, Formerly 6A-3.16, Amended 11-15-94,

 

6A-3.0171 Responsibilities of School Districts for Student Transportation. Each school district shall exercise specific powers and responsibilities, as follows:

(1) (a) through (b) No change.

(c) To recommend in writing to the school board for employment qualified bus operators drivers, attendants and mechanics as may be necessary for efficient functioning of the service.

(d) To develop safety regulations and promote proper safety practices for all operators drivers.

(e) through (h) No change.

(i) To recommend a medical examiner or medical examiners to give physical examinations to bus operators drivers and to ascertain and ensure that all examinations are carried out as required. A medical examiner shall be defined as a medical physician or physician assistant licensed pursuant to Chapter 458, Florida Statutes; an osteopathic physician or physician assistant pursuant to Chapter 459, Florida Statutes, a chiropractic physician licensed pursuant to Chapter 460, Florida Statutes; and an Advanced Registered Nurse Practitioner licensed pursuant to Chapter 464, Florida Statutes.

(2) through (d) No Change.

(e) To adopt, after considering recommendations of the superintendent, a school board policy prohibiting the use of a cellular telephone by any school bus operator while actively driving the bus.

(f) To adopt after considering recommendations of the superintendent, a school board policy that prohibits unnecessary idling of school buses while they are in the vicinity of students.

(g)(e) To adopt, after considering recommendations of the superintendent statements of policy in harmony with law and with rules of the State Board necessary for maintaining the requirements of adequate transportation. Such policies shall include at least the following responsibilities of the director or supervisor of transportation, the school principal or other designated staff and the bus operator driver for uniform school bus operating procedures:

1. Responsibilities of the director or supervisor of transportation:

a. To counsel with school bus operators drivers regarding safety and efficiency of service to schools and to make recommendations to them for improvement in service.

b. To confer with the superintendent or the superintendent’s designee regarding bus operators driver and to recommend such personnel for employment.

c. To instruct school bus operators drivers in procedures to be followed in conducting school bus emergency evacuation drills and to confer with each school principal regarding scheduling, conducting and documenting school bus evacuation drills. These procedures shall include a requirement that all operators of school buses transporting students, teachers, or chaperones on field and activity trips instruct all passengers in the locations and proper use of school bus emergency exits prior to each such trip.

d. To counsel with bus operators drivers regarding operator driver responsibility and authority.

2. through 2.f. No change.

3. Responsibilities of the school bus operator driver:

a. To pass all required physical examinations and meet such requirements as may be prescribed by law or rules.

b. To be clean and neat in appearance, and to refrain from wearing shoes which are not securely held on the foot.

c. To refrain from use of tobacco while operating the bus, and to use no profane language in the presence of the students. Operators Drivers shall not use or be under the influence of alcohol, illicit drugs, or any substance which may impair the operator’s driver’s alertness or performance while on duty. Operators Drivers shall not carry firearms while on school board property.

d. To prescribe, in cooperation with the principals, the seating arrangements of students on all buses.

e. To report needed changes in school bus transportation to the director or supervisor of transportation including bus loads, bus deficiencies, road hazards, routes and schedules.

f. To study and observe all laws and rules of the State Board and the school board relating to the service of transportation.

g. To attend and participate in conferences and training classes for school bus operators drivers and to be prepared at any time to pass successfully a reasonable examination concerning traffic laws, state and local transportation rules and driving skills.

h. To ascertain and ensure that transported students observe all rules prescribed by law and by the state and local board.

i. To maintain order and discipline, under the direction of the school principal, on the part of every passenger.

j. To permit a student to leave the bus only at their assigned stop, except upon written authorization of the school principal or other district designee.

k. To observe all procedures incorporated in the Florida Department of Education Basic School Bus Operator’s Driver’s Curriculum, as incorporated by reference in paragraph 6A-3.0141(4)(b), F.A.C.

l. through s. No Change.

t. To inspect the bus at least daily prior to the beginning of the first daily trip or more often as required by the school district and to report any defect affecting safety or economy of operation immediately to authorized service personnel. The inspection shall include all items identified in the procedures related to the mandatory daily inspection in the Basic School Bus Operator Driver Curriculum.

u. through y. No Change.

[1] Misconduct on the part of any student while on bus or under the operator’s driver’s immediate supervision,

[2] Complaints requiring attention of school authorities,

[3] Any hazards arising which would offer either an actual or a potential threat to the safety of students in the operator’s driver’s care,

[4] Causes for failure to maintain school bus time schedule, and

[5] Overloaded conditions on the bus which exceed the rated capacity of the bus.

Z. To perform a complete interior inspection of each bus after each run and trip to ensure no students are left on board.

aa. z. To maintain as far as practicable by patient and considerate treatment of parents a feeling of security in the safety of students transported.

(3) Transportation personnel.

(a) To employ such assistants as may be recommended by the superintendent and as are necessary in the judgment of the board to supervise operation and maintenance of school buses and to provide records and maps for a continuous study of transportation routes and needs within the district.

(b) To employ or contract only for services of school bus operators driver’s who meet the requirements of Rule 6A-3.0141, F.A.C., and who possess a valid Medical Examiner’s Certificate.

(c) To officially maintain, after considering recommendations of the superintendent, an approved, current list of properly licensed physicians or medical facilities staffed by licensed physicians other than members of the school board or superintendent, eligible to examine all school bus operators driver’s and operator driver applicants, in accordance with Form ESE 479, Physical Examination for School Bus Operator Drivers and Medical Examiners Certificate, and School Bus Driver Physical Standards: Medical Regulatory Criteria for Physical Examinations, as adopted by reference in Rule 6A-3.0151, F.A.C.

(4) through (8) No Change.

(9) Transportation records, reports and accounting.

(a) To ascertain and ensure that all prescribed records are kept and reports made which are required by law, rules or the Commissioner.

(b) To assure that all records and reports prescribed by the Commissioner are properly completed and are furnished on the dates due to those designated to receive them.

1. To file with the Deputy Commissioner for Finance and Operations school bus accident reports using the Department’s Automated School Bus Accident Reporting System. Districts shall complete a report on any school bus accident meeting the reporting requirements of the automated system. after each accident in which a school bus or a transported student is involved or in which total damages to property exceeds five hundred (500) dollars a report on Form ESE 256, School Bus Accident Report Form which is hereby incorporated by reference in this rule to become effective April 1996. This form may be obtained from the Administrator of School Transportation Management Section or Information Services and Accountability, Department of Education, The Florida Education Center, Tallahassee, Florida 32399.

2. To file with the Deputy Commissioner for Finance and Operations the Hazardous Walking Conditions Report for Elementary Students Within 2 Miles of Assigned School using the Department’s automated system. , Form ESE 422, Hazardous Walking Conditions Report for K-6 Living Within 2 Miles of Assigned School which is hereby incorporated by reference and made a part of this rule to become effective April 1996. This form may be obtained from the Administrator of School Transportation Management Section or Information Services and Accountability, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(c) Keep a current file of all Medical Examiner Certificates and required dexterity tests for school bus operators approved physical examination forms for bus drivers, each showing the date of examination.

(d) To maintain records of inspection of each school bus in accordance with requirements of subsection (8) of this rule.

(e) To prepare maps of routes and attendance zones and conduct and carry on such studies of transportation as shall enable the superintendent to measure progress and recommend improvements in the transportation service.

(f) To prescribe and maintain, upon recommendation of the superintendent, such additional records, reports, accounts and accounting procedures as may be necessary to provide complete information regarding the transportation service.

(10) Inter-agency relationships. To cooperate with municipal, county, state, and federal agencies to promote the safety of the transportation service through correction of remediable road hazards.

(11) Transportation by other means than school buses including passenger cars as defined by the National Highway Traffic Safety Administration, 49 C.F.R., Part 571, and which meet all applicable Federal Motor Vehicle Safety Standards.

(a) To share the expense, in unusual cases involving a small number of students living in isolated areas, or requiring specialized transportation services, of operating a vehicle of the type commonly called a passenger car or other conveyance for transporting eight (8) students or less to a public school:

1. Agreements to share the cost of operating such conveyance shall be set forth in the minutes of the board including the amount, mileage to bus route or school, names of students and school attended.

2. The board shall not expend funds to share in the expense of operating such vehicle to provide transportation to students whose houses are within a reasonable walking distance of the assigned school or bus routes.

3. Vehicles of the type commonly called passenger cars need not meet the requirements for specifications of school buses.

(b) To make such other arrangements, after considering recommendation of the superintendent, for the transportation of isolated, physically disabled or other students with special transportation needs as may be compatible with an adequate educational opportunity for such students and an economical administration of the service.

(c) To provide for transportation of students in vehicles owned or operated by a school board, other than school buses, when necessary or practical. Such transportation shall be provided in a passenger car or in a multipurpose passenger vehicle, as defined in 49 C.F.R., Part 571. Such multipurpose passenger vehicle shall meet all of the Federal Motor Vehicle Safety Standards in 49 C.F.R., Part 571 applicable to passenger cars on the date of manufacture, except that window tinting, if equipped, shall meet requirements applicable to multipurpose passenger vehicles.

Specific Authority 1003.31, 1006.21, 1006.22 FS. Law Implemented 316.183(3), 316.189, 1003.31, 1006.21(3), 1006.22 FS. History–Amended 9-4-64, 3-25-66, 1-17-72, Revised 7-20-74, Repromulgated 12-5-74, Amended 11-24-76, 10-1-81, Formerly 6A-3.17, Amended 9-30-87, 6-26-89, 11-15-94, 8-28-95, 4-18-96, Formerly 6-3.017, Amended 6-11-00, Formerly 6-3.017, Amended 4-21-03,

 

6A-3.0291 Specifications for New School Buses.

(1) School buses purchased each year shall conform to current National School Transportation Specifications and Procedures of the National Conference on School Transportation, current Federal Motor Vehicle Safety Standards and to specifications prescribed by the State Board for body, chassis and special equipment as provided in Section 1006.25, Florida Statutes. Each school bus as defined by Section 1006.25(1), Florida Statutes, shall meet the requirements of the Florida School Bus Specifications applicable for the year the bus was manufactured or the previous year if specifications were not revised and approved for a given year. Specifications shall incorporate the specific standards as approved by the State Board prior to and including the following years: 1965, 1966, 1968, 1969, 1970, 1971, 1972, 1973, 1974, 1975, 1976, 1977, 1978, 1979, 1980, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1992, 1993, 1995, 2000, 2002, and 2004, and 2006 revised. Copies of the above specifications are on file and available from the School Transportation Management Section, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399. Specifications may vary for different sizes and types of buses to meet specific needs and conditions. Bid forms prepared under the direction of the Commissioner shall incorporate basic specifications and equipment.

(2) Any school district may, at its option, upgrade any school bus or buses with equipment meeting specifications which are current at the time of the upgrade.

(3) The Chief Financial Officer may approve special equipment differing from or not prescribed in Florida School Bus Specifications for the specific purpose of limited pilot testing to determine if such equipment provides substantive improvements in safety or cost effectiveness. Pilot testing of equipment shall not be approved until the Chief Financial Officer has determined to the extent practical that the equipment will not compromise safety.

Specific Authority 1006.25 FS. Law Implemented 1006.22, 1006.25 FS. History–Amended 9-17-72, 7-20-74, Repromulgated 12-5-74, Amended 11-10-83, 3-28-84, 10-8-84, 10-8-85, Formerly 6A-3.29, Amended 8-19-86, 9-30-87, 10-4-88, 12-11-89, 12-18-90, 11-10-92, 9-5-93, 11-15-94, 10-18-95, Formerly 6A-3.029, Amended 6-11-00, Amended 4-21-03, 2-22-05,

 

Cf. Florida School Bus Specifications Revised, January 1965; Florida School Bus Specifications Revised, Chassis – 1966; Body – 1966; Florida School Bus Specifications Revised, January 1966; Florida School Bus Specifications Revised, 1968; Florida School Bus Specifications Revised, 1969; Florida School Bus Specifications Revised, 1970; Florida School Bus Specifications Revised, 1971; Florida School Bus Specifications Revised, 1972; Florida School Bus Specifications Revised, 1973; Florida School Bus Specifications Revised, November 1974; Florida School Bus Specifications Revised, January 1975; Florida School Bus Specifications Revised, Chassis – October 1976; Body – October 1976, No Type A; No Exceptional Child; Florida School Bus Specifications Revised, Body, Chassis, Type A, and Exceptional Child, March 1977; Florida School Bus Specifications Revised, 1978; Florida School Bus Specifications Revised, Amended, 1979; Florida School Bus Specifications Revised, November 1980; Florida School Bus Specifications Revised, 1982; Florida School Bus Specifications Revised, 1983; Florida School Bus Specifications Revised, January 1984; Florida School Bus Specifications Revised, September 1984; Florida School Bus Specifications Revised, September 1985; Florida School Bus Specifications Revised, July 1986; Florida School Bus Specifications Revised, October 1987; Florida School Bus Specifications Revised, 1988; Florida School Bus Specifications Revised, 1989; Florida School Bus Specifications Revised, 1990; Florida School Bus Specifications Revised, 1992; Florida School Bus Specifications Revised, 1993; Florida School Bus Specifications Revised, 1995;

Florida School Bus Specifications Revised, 2000; Florida School Bus Specifications Revised, 2002; Florida School Bus Specifications Revised, 2004;. Florida School Bus Specifications Revised, 2006.

 

6A-3.037 Alternate Engine Fuels for School Buses.

(1) Alternate engine fuels for school buses. School districts may use school buses equipped to operate on Compressed Natural Gas (CNG) or Liquefied Natural Gas (LNG) as an engine fuel provided the district complies with the requirements of the Florida School Bus Alternate Fuel Manual, 1992 which is hereby incorporated by reference and made a part of this rule. Copies of this manual are on file and available from the Director Administrator of the School Transportation Management Section, 325 West Gaines Street, The Florida Education Center, Tallahassee, Florida 32399. Districts may also use electricity as a fuel or may use hybrid diesel electric buses.

(2) Pilot projects. Alternate fueled school buses may be used on a pilot project basis not exceeding ten (10) percent of the district’s school bus fleet or more than twenty (20) buses, whichever is greater. Pilot project proposals must be submitted with copies of all related documents as required within the manual to the Director Administrator of the School Transportation Management Section, 325 West Gaines Street, The Florida Education Center, Tallahassee, Florida 32399 and the Department of Insurance L.P. Gas Division, for gaseous powered units, for review and approval. All pilot projects must be submitted or resubmitted for each twelve month period. All buses originally equipped, converted or repowered to run on alternate fuels shall meet Florida School Bus Specifications applicable for the year of manufacture of the vehicle, including horsepower and torque requirements otherwise applicable to diesel engines. The Department may grant variances and exceptions to Florida School Bus Specifications where necessary and prudent to further the goal of successful pilot testing of these school buses. After the completion of each alternate fuel system installation, each school bus shall be inspected in accordance with the requirements outlined in the manual prior to the use of the bus to transport school students.

Specific Authority 1006.25 FS. Law Implemented 1006.22, 1006.25 FS. History – New 10-6-92, Amended


NAME OF PERSON ORIGINATING PROPOSED RULE: Charlie Hood, Director, Office of School Transportation, Department of Education
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Linda Champion, Deputy Commissioner for Finance and Operations, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 28, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 1, 2006 and September 8, 1006 (rule 6A-3.0291).