2/20/2017 Student Transportation Issues Presented by: Claire Hartley Buelow Vetter Buikema Olson & Vliet, LLC Kevin Miller M3 Insurance Lt. Karl Mittelstadt Wisconsin State Patrol Gary Ruesch Buelow Vetter Buikema Olson & Vliet, LLC Objectives Can the school district use large vans (12- and 15-passenger)? Can the school district transport students in personal vehicles? What are the legal issues/requirements for transporting students with special needs? Lieutenant Karl L. Mittelstadt Wisconsin State Patrol Motor Carrier Enforcement Section 608-215-2804 karl.mittelstadt@dot.wi.gov Claire Hartley Attorney Buelow Vetter Buikema Olson & Vliet, LLC 262-364-0260 chartley@buelowvetter.com Kevin Miller Account Executive M3 Insurance 262-524-4190 kevin.miller@m3ins.com Gary Ruesch Shareholder Buelow Vetter Buikema Olson & Vliet, LLC 262-364-0263 gruesch@buelowvetter.com 1
2/20/2017 Reasons for Using a Large Van Cost effective Easier No special drivers license requirement Large Van Regulation NHTSA 49 U.S.C. 30112(a)(2) School district may not purchase or lease a 15-passenger van for student transportation unless it meets all of the safety requirements of a school bus. School Bus Safety Requirements (According to FMVSS) Yellow Paint, Reflective Tape, Stop-arm, Flashing Lights, etc. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) August 10, 2005 Section 10309 states in part: a school or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the school or school system to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multifunction school activity buses under this title. Large Van Regulation Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (continued) Established penalties for dealerships selling or leasing 15-passenger vehicle to a school district without required safety features $10,000 penalty, up to $15,000,000 for multiple violations Defined 15 passenger a vehicle that seats 10-14 passengers, not including the driver 2
2/20/2017 Large Van Regulation Wisconsin DOT School Bus Definition motor vehicle which carries 10 or more passengers for the purposes of transporting students to or from school, curricular, or extracurricular activities. Recommends avoiding use of van able to hold 11 or more passengers Based on federal guidelines Wisconsin State Statute 121.555 Defines alternative methods of transportation Limits vehicle size to 9 passengers or less Safety Concerns with Large Vans 2004 2013 653 Americans died in crashes 65 occupants per year 60% of fatalities occurred when the van rolled over 2003-2007 80% of occupants killed were not wearing their seatbelt 60% killed in single-vehicle accidents were ejected 92% property restrained survived Safety Concerns with Large Vans Rollover Rates when Vehicle Loaded to or Below Half the Designed Seating Capacity Large Van 2.2 Minivan 1.7 SUV 1.4 Pickup Trucks 1.3 Passenger Cars 1.3 3
2/20/2017 Issues with Large Vans Higher Center of Gravity Adding passengers and cargo moves the center of gravity higher and toward the rear of the vehicle. Causes instability and the potential for drivers to lose control during emergency handling maneuvers. Flat sides contribute to instability in crosswinds Structural rigidity that was designed for the less demanding rigors of transporting cargo Issues with Large Vans Underinflated Tires NHTSA Study 75% 15-passenger vans had improperly inflated tires Improperly inflated tires changes handling characteristics Increases potential for a rollover crash Seating Configurations Place excessive weight on left rear tire Tire blow-outs can cause driver to lose control of the vehicle Safety Recommendations for 10-Passenger Vans Make sure the vehicle is properly maintained Properly inflated tires are critical Check tire pressure and wear prior to each trip Large vans handle differently Use drivers familiar with handling issues Keep the load light Do not overload the vehicle with students and athletic equipment Overloading the vehicle increases rollover tendency 4
2/20/2017 Safety Recommendations for 10-Passenger Vans Require all occupants to use seat belts (or proper child restraints) Keep passengers and cargo in front of rear axle Helps keep the center of gravity lower Do not place any load on the roof Be mindful of speed and road conditions Rollover increases significantly at speeds over 50 mph Only qualified drivers Training and experience are required to safely operate any vehicle Make sure drivers are well rested and fully alert Transporting Students in Personal Vehicles Compliance with Chapter 121, Wis. Stats.: Alternative vehicles - vehicle size limited to 9 or less passengers All drivers of school-owned vehicles used to transport students or owners/lessees of privately owned vehicles used to transport students for compensation must be under written contract with the school board General Contract Requirements Wis. Stat. 121.52 Contract must require the owner/lessee of vehicle required to perform any action necessary for school board to fulfill obligations under Wis. Stat. 121.52(5) or 121.555, and that all parties are subject to rules adopted by Secretary of Transportation and DPI If the contract is with an owner/lessee of privately owned vehicle, contract shall provide that the owner/lessee require drivers to take a physical examination, including chest x-ray or TB test and submit report to school board. Physical examination may be on forms for S or P endorsement that WisDOT requires (Form MV3030B) Transporting Students in Personal Vehicles School board must ensure compliance with Wis. Stat. 121.555, and may consider including in contract the following: Required insurance coverage limits Annual inspection comply with DOT rules and requirements of Wis. Stat. 110.075 Operator Requirements - Valid WI driver s license 18 years of age Sufficient use of hands/feet to operate brake and accelerator - may be waivable Medical opinion every 3 years stating no mental or physical disability impacting ability to operate motor vehicle can use examination report used for school staff Limited to transporting the number of passengers that can be seated on permanently mounted seats facing forward without interfering with operator 5
2/20/2017 Transporting Students in Personal Vehicles Compliance with Wis. Stat. 121.555 (continued): If no bus driver license (S endorsement), school must obtain before authorizing driver and every 4 years thereafter Criminal history check from DOJ WisDOT records Background information sheet Additional information if needed School cannot allow a person to drive alternative vehicles if knows or reason to know individual has a certain record of convictions that would disqualify the person from having an S endorsement; the driver has certain driving violations; or the driver has been convicted of providing materially false information on a background check form Driver must report accidents, traffic citations, license revocation, certain convictions, etc. within 10 days of occurrence Transporting Students in Personal Vehicles Contract recommendations: Include in contract requirement of general compliance with all state laws, regulations, school district policies specifically, DOT and DPI rules and Chapter 121, Wis. Stats. Students with Disabilities or Special Needs Require driver to complete any training or education programs required by the school district related to transporting or treatment of students with special needs, disabilities or special education students Require driver to abide by and adhere to school district policies, state and federal laws and regulations, requirements of any Section 504 Accommodation Plan and requirements of any Individualized Education Program (IEP) relating to the transportation of students with disabilities and special needs, including relevant safety procedures and maintenance requirements for equipment used to transport such students DPI will review your contract for compliance Special Education Transportation Section 504 of the Rehabilitation, Act the Individuals with Disabilities Act, and Wisconsin s Special Evaluation Law address Student Transportation. Transportation is a Related Service which may be required to assist a child with a disability to benefit from special education, see Section 115.76(14)(a). Wis. Stats. The failure of a School District to provide appropriate transportation may make it liable for transportation cost reimbursement or private school tuition. 6
2/20/2017 Special Education Transportation Behavioral Supports must be provided on the bus under certain circumstances. Colonial Sch. Dist., 68 IDELR 290 (SEA DE 2016). Door-to-door or child escorts could be required. Los Angeles Unified Sch. Dist., 116 LRP 27391 (SEA CA 60/20/16). Dangerous conditions may require a District to provide door-to-door service. Missouri Schs. for the Severely Disabled, 67 IDELR 221 (SEA MO 2016). Special Education Transportation School District s are obligated to provide appropriate training and supports for those involved in transportation. The child s IEP must be accessible to service providers, as appropriate. 34 CFR 300.323(a)(1). Service providers must be informed of his or her specific responsibilities as to IEP implementation. 34 CFR 300.323(a)(2)(i). The services to the child must be provided to the student in accordance with the IEP. 34 CFR 300.323 (a)(2)(ii). Special Education Transportation The IEP must address the behavior of a child who endangers or impedes the health, safety and education of others, see for example 34 CFR 300.324(a)(2). The IEP should review an IEP if the child is not making expected progress. 115.787(4) Wis. Stats. Students may be disciplined for misbehavior on the bus, 120.13(1) Wis. Stats. and 20 USC 1415(k). 7
2/20/2017 Special Education Transportation The School District is responsible for the safety of staff assigned to the bus. Fernandez v. City of New York, 68 IDELR 50 (N.Y. Sup. Ct. 2016, unpublished). The School District may be obligated to provide a bus aide to assist a child with a disability. Oconee County Sch. Dist. v. A.B., 65 IDELR 297 (M.D. Ga. 2015). Special Education Transportation Additional Safety Procedures Involving Students with Disabilities. The National Highway Traffic Safety Administration has established laws regulating safety requirements for students in wheelchairs. OCR enforces compliance. See, e.g., Prescott (AZ) Unified Sch. Dist., 29 IDELR 69 (OCR 1998). School Districts which improperly secure a wheelchair could be liable for student injuries. See e.g., Pleas v. First Student Inc., 111 LRP 52694 (D. Kansas 08/01/11). Special Education Transportation Additional Safety Procedures Involving Students with Disabilities (cont.) The use of seatbelts and other safety devices may be required to properly secure students with disabilities. Ferndale Pub. Schs., 51 IDELR 233 (SEA MI 2008). School Districts should review the safety records of transportation companies. See, e.g., Charter Private Line, Inc. v. Board of Educ. of the City of New York, 18 IDELR 1025 (N.Y. App. Div. 1992). 8
2/20/2017 Special Education Transportation Other Issues Relating to the transportation of students with disabilities Emergency Drills and Plans School Bus Emergency Guidelines Students with Communicable Diseases Latch-Key Students Questions?? Thank you for your attending and your attention. 9