Current through Reg. 50, No. 187; September 24, 2024
Each school district shall exercise specific powers and
responsibilities, as follows:
(1)
Responsibilities of Superintendent. It shall be the duty of the superintendent,
acting as executive officer for the school board to exercise functions and to
perform duties listed below:
(a) To recommend
to the school board such policies, rules and regulations, plans and procedures
as the superintendent shall deem desirable or necessary for provisions of
satisfactory transportation facilities and equipment in the district, and as
executive officer of the board, to administer the transportation service and to
make sure that all policies and actions approved by the board are properly
executed.
(b) To recommend to the
school board for employment such assistants as are, in his or her judgement,
necessary to supervise transportation operation and maintenance and to provide
essential records, maps and studies of the service.
(c) To recommend in writing to the school
board for employment qualified bus operators, 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.
(e) To prepare and recommend to the school
board plans for purchase of or contract for safe school buses to transport
students to and from school or school activities.
(f) To organize or approve an inspection,
maintenance and repair service for publicly owned, charter school owned, and
contracted buses to ensure that the condition of each bus is maintained to meet
or exceed accepted school bus industry and state standards, and which will be
adequate to provide for quick and economical repair of any bus, and to make
sure that this service functions efficiently.
(g) To propose garages at which buses shall
be inspected, when arrangements for this service have not been made to use
school board employed mechanics, and to see that inspections are systematically
made at least once every thirty (30) school days, while school is in session,
at garages approved by the board.
(h) To make periodic, objective surveys of
school bus and garage equipment, routes, safety practices, repair and operating
costs, and when unsatisfactory conditions are discovered, to recommend
corrective measures to the school board.
(2) The school district shall exercise
additional specific powers and responsibilities, as follows:
(a) Enforcement of law and rules and
formulation of policies.
(b) To
make sure that State Board of Education rules are known, understood and
observed by all who have responsibility for student transportation.
(c) To assure that all transportation rules
and statements of policy are in harmony with rules of the State Board of
Education, and are fully observed.
(d) To assure that no state funds for
transportation are used for transportation of students to schools which cannot
qualify for recognition by the Department under the provisions of State Board
of Education rules.
(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) To adopt,
after considering recommendations of the superintendent statements of policy in
harmony with law and with rules of the State Board of Education 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 for uniform school bus operating procedures:
1. Responsibilities of the director or
supervisor of transportation:
a. To counsel
with school bus operators 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 and to recommend such
personnel for employment.
c. To
instruct school bus operators 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 regarding operator responsibility and
authority.
2.
Responsibilities of the school principal or other designated school staff:
a. To assume responsibility under the
direction of the superintendent for all student disciplinary cases which arise
in connection with transportation.
b. To plan the program of the school so that
transported students who arrive early or remain late will be under school
supervision at all times.
c. To
plan and assign places for students to get on and off school buses at the
school, and to ensure the safety of the loading/unloading zone and to provide
supervision of students.
d. To
direct school bus emergency evacuation drills on each bus serving the school
during the first six (6) weeks of each semester, and to maintain documentation
for all students.
e. To provide
instruction for all transported students in safe practices on and off the bus
during the first six (6) weeks of the first semester of the school
year.
f. To request authority in
writing for transportation of students on field trips and activity trips, or
other special trips, and to plan such trips in accordance with policies
approved by the school board.
3. Responsibilities of the school bus
operator:
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 shall not use or be under the influence of alcohol,
illicit drugs, or any substance which may impair the operator's alertness or
performance while on duty.
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 of Education and the school board
relating to the service of transportation.
g. To attend and participate in conferences
and training classes for school bus operators 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's Basic School Bus Operator's Curriculum,
revised 2021 as incorporated by reference in paragraph
6A-3.0141(3)(b),
F.A.C.
l. To instruct transported
students in safe riding practices.
m. To require all passengers to remain seated
and to keep aisles and exits clear.
n. To participate in emergency evacuation
drills at least once each school semester under the direction of the school
principal or the principal's designee.
o. To use the bus, if it is publicly owned,
only to transport students to and from school, except upon specific direction
of the superintendent or from the principal upon written authorization by the
superintendent.
p. To prepare
immediately after every accident involving the bus or a school bus passenger an
accident report to be filed with the director or supervisor of
transportation.
q. To ascertain and
ensure that all persons are off the bus before filling fuel tank.
r. To cooperate with duly authorized school
officials, mechanics and other personnel in the mechanical maintenance and
repair of bus in overcoming hazards which threaten the safety or efficiency of
service.
s. 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
Curriculum.
t. To keep the bus
clean and neat at all times and not affix any stickers or other unauthorized
items to the interior or exterior of buses.
u. To prepare reports, keep all records
required, and otherwise assist school officials in mapping bus routes, planning
schedules and in obtaining information for a continuous study of all phases of
transportation service.
v. To wear
a seat belt and instruct all passengers to wear a seat belt at all times when
the bus is in operation, in accordance with Section
1006.25(4),
F.S.
w. To use roof-mounted white
flashing strobe lights, at a minimum, whenever headlights are required to be
used due to reduced visibility conditions pursuant to Section
316.217(1)(b),
F.S., except that insufficient light due only to the time of day or night shall
not require use of the strobe light.
x. To report immediately to the director or
supervisor of transportation, school principal or other designated officials:
(I) Misconduct on the part of any student
while on the bus or under the operator's immediate supervision;
(II) Complaints requiring attention of school
authorities;
(III) Any hazards
arising which would offer either an actual or a potential threat to the safety
of students in the operator's care;
(IV) Causes for failure to maintain school
bus time schedule; and,
(V)
Overloaded conditions on the bus which exceed the rated capacity of the
bus.
y. To perform a
complete interior inspection of each bus after each run and trip to ensure no
students are left on board.
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 who meet the requirements
of Rule 6A-3.0141,
F.A.C.
(4) Transported
students.
(a) To consider, and as nearly as
possible to provide for, the transit, safety, and comfort of each student who
will be transported to and from school.
(b) To approve, after considering
recommendations of the superintendent, policies relating to and governing the
conduct of transported students during the time they are riding on the school
bus, and during the time spent on the school grounds awaiting the opening of
school or in the afternoon hours waiting for the school bus.
(c) To suspend for a period not to exceed ten
(10) days, upon recommendation of the superintendent, any student who willfully
and persistently violates school board policies, in accordance with Section
1003.01(5)(a),
F.S.
(5) Purchases, lease
and use of school buses.
(a) To provide, by
purchase or contract, safe, comfortable and adequate transportation facilities
and school buses which meet minimum standards of law and State Board of
Education rules.
(b) To purchase
transportation equipment in accordance with all provisions of law and State
Board of Education rules.
(c) To
assure that contracts entered into by school boards for operation of school
buses are in accordance with law and rules of the State Board of
Education.
(d) To adopt policies
governing the use of publicly owned and contracted school buses for
transportation of students to school and school activities, and to ascertain
and ensure that buses and bus bodies are used only after policies have been
adopted and upon written instructions signed by the superintendent or designee.
Such district policies shall include the provision that any equipment carried
in a school bus which could shift on impact or sudden stop shall be securely
fastened and shall not block any aisle or exit at any time.
(6) Routes and schedules.
(a) To designate school bus routes, following
consideration of data and recommendations presented by the superintendent, to
provide for students eligible for transportation when transportation by school
bus is economical and practicable.
(b) To propose minimum distances from school
centers within which no bus stops will be scheduled except for students with
special transportation needs; to propose minimum distances from transportation
routes as residence zones within which students must arrange to meet the bus at
regularly scheduled stops; and to plan and arrange routes, schedules, and
student capacities in accordance with policies adopted by the school
board.
(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.
(d) To assure that county
and city officials are advised of hazards on bus routes and hazards involving
students walking to and from school.
(7) School bus operating principles. To
assure that all buses are operated in accordance with municipal, county and
state traffic requirements and that every precaution is taken to assure the
safety of students.
(8) Inspection
and maintenance of school buses.
(a) To
provide, after considering recommendations of the superintendent, adequate
storage, maintenance and inspection procedures for all buses owned by the
school board, and to assure that all contract buses and charter school buses in
use in the district are properly inspected and maintained in accordance with
law and rules of the State Board of Education.
(b) The inspection shall be conducted in
accordance with procedures and include all items listed in the State of Florida
School Bus Safety Inspection Manual, 2020 Edition (
http://www.flrules.org/Gateway/reference.asp?No=Ref-12218)
and documented on the Florida School Bus Safety Inspection Form (2020-IF)
(
http://www.flrules.org/Gateway/reference.asp?No=Ref-12215),
effective October 2020. The manual and form 2020-IF are hereby incorporated by
reference and made a part of this rule. These documents may be obtained from
the department's website at:
http://fldoe.org/core/fileparse.php/7585/urlt/0085485-floridaschoolbussafetyinspectionmanual-1.pdf
and may also be obtained from the department's School Transportation Management
Section, 325 West Gaines Street, Tallahassee, Florida 32399, at a cost not to
exceed actual production and distribution cost.
(c) Inspection of buses shall be scheduled
and performed at a maximum interval of thirty (30) school days while school is
in session. Any bus that is removed from service or deadlined so as to disrupt
the safety inspection schedule shall be inspected prior to being returned to
service. All deficiencies discovered during the safety inspection shall be
noted on the inspection form (2020-IF). Follow-up repairs of all safety related
items shall be made before the bus is returned to service and shall be
documented on as associated repair order.
(d) School bus inspections shall be conducted
by technicians certified as school bus safety inspectors in accordance with the
State of Florida School Bus Safety Inspection Manual, 2020 Edition. The State
of Florida School Bus Safety Inspector Application (Form 2020-SI) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-12216),
effective October 2020, and the District Online Test Administrator Application
(Form 2020-TA) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-12217),
effective October 2020, are hereby incorporated by reference and made part of
this rule. These documents may be obtained from the Department's website at:
http://fldoe.org/core/fileparse.php/7585/urlt/0085485-floridaschoolbussafetyinspectionmanual-1.pdf
and may also be obtained from the department's School Transportation Management
Section, 325 West Gaines Street, Tallahassee, Florida 32399, at a cost not to
exceed actual production and distribution cost. The requirement that
inspections be performed by a certified Florida School Bus Safety Inspector may
be waived for a period not to exceed six (6) months when an emergency condition
exists, upon written notification to the Commissioner of Education by the
district superintendent.
(e) No
person shall knowingly render inoperative or reduce compliance of any school
bus equipment required to meet Federal Motor Vehicle Safety Standards
applicable at the time of manufacture.
(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 or
rules.
(b) To assure that all
records and reports are properly completed and are furnished on the dates due
to those designated to receive them.
(c) Keep a current file of all Medical
Examiner Certificates and required dexterity tests for school bus
operators.
(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.
(g) To report bus inventories using the
department's Online Bus Inventory Application, which may be accessed at
http://app4.fldoe.org/BusOnlineInventory/Login.aspx. For viewing purposes only,
hard copies of the reporting requirements for the Online Bus Inventory
Application may be obtained by contacting the Director of School Transportation
Management 325 West Gaines Street, Tallahassee, Florida
32399.
(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.
Rulemaking Authority
316.615,
1001.02(1),
1002.33(28),
1003.31,
1006.21,
1006.22,
1006.25(4),
1012.45 FS. Law Implemented
316.615,
1002.33(20)(c),
1003.31,
1006.22,
1006.25(4),
1012.45
FS.
New 9-4-64, Amended 3-25-66, 1-17-72, 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, 11-26-08, 3-23-16, 3-22-17,
10-27-20, 11-23-21.