August 13, 2001

Current status regarding the use of vehicles other than school buses:

The Ohio Department of Education has once again filed the amended transportation rules with JCARR, for consideration on August 20, 2001.

Failure of the rules to pass at that agenda will mean that the existing rules remain in effect, regardless of the fact that they do not meet our current needs.

It also means that:

1.        No training or safety measures will be enacted for transportation of special education, preschool, or inaccessible students on these vehicles

2.        No athletic trips, educational trips, or other activities for regular education students will be legal if taken in a school van.

The net result to districts is that a difficult decision must be made:

·         should school administrators continue to use vehicles outside of the authority of the law;

·         should school administrators tell  students to find their own way to get to events; or

·         should school administrators cancel events for which school buses and drivers are not available.

Current rules and laws:

    ·         The only legal vehicles other than school buses are those designed by the manufacturer for the transportation of 9 passengers or less, plus a driver.  12 and 15 passenger vans are not legal for the transportation of pupils. (R.C. 4511.01)

    ·         If a van-type vehicle is used, it currently must be equipped with a fire extinguisher, first-aid kit, reflectors, and shall have a rooftop sign marked “school transportation”. (OAC 3301-83-19 (D)).

    ·         Employees who operate a school bus, motor van, or other vehicle used in the transportation of school children must be covered by motor vehicle liability insurance for injuries to persons and property.  (R.C. 3327.09)

    ·         Drivers of motor vans owned and operated by any school district or ESC, or privately owned and operated under contract with any school district or service center, must have a certificate from the district certifying that the person is (R.C. 3327.10):

1.        At least 18 years of age

2.        Of good moral character

3.        Is qualified physically and otherwise for the position.

     The same rules apply to drivers of private vehicles under contract to a school.

    ·         The only authorized use of these van-type vehicles is for (OAC 3301-83-19 (D)):

1.        Transportation of preschool children

2.        Transportation of special needs children

3.        Transportation of pupils who are not accessible to conventional transportation services.

    ·         Vehicles not meeting the definitions listed in current rule do not conform to state and federal law/rule, and shall not be used for transportation of pupils to or from school or school related events.

Based upon local needs, a significant number of schools, both public and nonpublic, have been utilizing these types of vehicles for purposes that are not listed as authorized.  Although technically these vehicle operators and district administrators are citable for this infraction (under R.C. 4511.76), the real danger lies in the liability to the district in the event of an accident.

Subsequently, it is appropriate for all transporters to review carefully the vehicles and qualifications of the staff that operate them as they conform to the existing rules and laws described above.

The need for a change:

In the interest of being responsive to the transportation needs of schools, a rules proposal has been submitted by Ohio Department of Education that would expand a school district’s authority to operate vans as needed.  An advisory board that had strong representation from schools and school administrators developed this proposal, with the intent of creating a workable solution to district transportation needs.

The proposal is two-fold:

1.        Changes in rule 3301-83-19, regarding authorized vehicles for pupil transportation:

·         Districts would be allowed to use commercial carriers  to meet transportation needs of their students.

·         A district would be allowed to use 9 passenger and smaller vehicles when in its discretion, it determined that it could not reasonably provide school bus transportation; and

·         In addition to safety equipment already required, the vehicle would need to have the name of the district on the door, and vehicle safety inspections would need to be done by the owner at least twice annually.

2.        Changes in rule 3301-83-06, regarding vehicle operators:

·         A new section of language was proposed to distinguish between the qualifications of school bus drivers and operators of motor vans other than school buses;

·         The requirements already identified in Ohio Revised Code are included, (legal age, insurance coverage, good moral character, and physical qualifications);

·         A requirement to check the driving record of the individual was included; and

·         A training component was added.  The training program is being developed by the Ohio Preservice School Bus Driver Training Instructors, and is focusing on topics of direct relevance to the operation of this smaller class of vehicle, and the smaller number of students being transported.  The format of the program will in all likelihood be a combination of videotape and written handbook that will be provided for districts to use with their staff.

Action taken:

The State Board of Education has reviewed these proposals, held a public hearing on them, and passed them on for consideration by the Joint Committee of Agency Rule Review (JCARR), a required legal step in Ohio.  Opposition by OAPSE and OEA, on behalf of bus drivers, has been presented to the members of JCARR, and has taken the form that these unions believe that vans, if allowed, should only be operated by certified school bus drivers with a commercial driver’s license.

Given the demonstrated shortage of bus drivers in Ohio, our concern with this alteration to the proposal is that school districts would be left without operators of the vehicles.  Furthermore, many competent district staff would be eliminated from consideration in being able to provide transportation service for smaller groups of students when school buses are not reasonable.

The net result of this change to the proposal, combined with a general failure to adopt the proposal, is that students will be left to ride with other students, or with unmonitored private transportation providers, or be excluded from educational and co-curricular opportunities because of a lack of transportation access.  Adoption of the proposal, on the other hand, will allow for increased safety measures for students who could be transported under district supervision.

The adoption of these amendments to the rules will provide school districts an additional means of legal transportation for pupils, thereby enabling access to the educational opportunities deemed appropriate at each local level.  It also mandates safety measures not only for special education uses of the vans, but also for other appropriate uses.

As of August 8, 2001, the legislative approval necessary to move forward with these rules is not in place.

Each time the rules were placed on JCARR’s agenda, we were informed that members of JCARR would move to invalidate the rules, and prevent the changes from taking place, therefore the rules were removed from the agenda prior to the vote taking place.

On behalf of our school districts and children, we have carefully reevaluated these proposals each time they were removed from JCARR’s agenda, and asked other agencies for their input.  The consensus remainds that the existing proposals still provide the best solution available to a difficult transportation problem. 

With that in mind, ODE will continue to promote the adoption of these rules.  Each school district administrator should evaluate the impact of these on local service, and determine locally appropriate courses of action regarding these rules.