Agenda-at-a-GlanceFriday, October 14th3:00 - 5:30 pm NYSBCA BOARD MEETING2:00 - 6:00 pm CONVENTION REGISTRATION6:30 - 8:00 pm WELCOME RECEPTIONSaturday, October 14th8:00 - 9:00am BREAKFAST BUFFET9:00 - 10:15 am GENERAL SESSION I & KEYNOTE10:15 - 10:30 am COFFEE BREAK & NETWORKING

SESSION10:30 - 11:15 am (2) CONCURRENT SESSIONS #111:15 - 12:00 pm (2) CONCURRENT SESSIONS #212:00 - 1:00 pm WORKING LUNCH & FIVE MINUTES

OF FAME1:00 - 2:30 pm ANNUAL MEMBERSHIP MEETING &

GENERAL SESSION II2:30 - 3:00 pm COFFEE BREAK & MAINTENANCE

ROUNDTABLE DISCUSSION3:00 - 3:45 pm (2) CONCURRENT SESSIONS #33:45 - 4:15 pm (2) CONCURRENT SESSIONS #46:30 - 8:30 pm ANNUAL AWARDS RECEPTION &

DINNER

the YELLOW BUSNewsletter

www.nysbca.com P.O. Box 268 • Latham, NY 12110E-mail: NYSBCA.Information@gmail.com Phone: 518-220-9905 • Fax: 518-220-9906

Fall 2016

NYSBCA will be holding its 62nd Annual Convention, October 14-15, 2016, at the Albany Marriott Hotel.

For almost a decade, NYSBCA has been promoting its “Go Green, Ride Yellow” campaign. The association has been working hard on getting children on school buses. As you know, the yellow bus is not only the safest mode of trans-portation, but for every full school bus, it takes 36 personal vehicles off the road. With today’s economy, NYSBCA has also been pushing the importance of not only keeping or getting children on the school bus, but we’ve been trying to educate NY school personnel about the cost-savings pri-vate transportation can provide. The focus of this year’s convention will be on a variety of topics targeting not only the owner and senior management, but educating the safety and operations personnel within your company/organiza-tion. Join us for a jam-packed day of workshops, network-ing opportunities and take a little time for yourself by min-gling with old friends, meeting new ones and seeing all that the Capital District has to offer.

Making Room Reservations for the ConventionDiscounted rooms are available at the Albany Marriott Hotel at the rate of $121.00 per night. You can book your room by calling Marriott Reservations at (800) 228-9290 or (518) 458-8444 and asking for the NYSBCA rate. Discounted rooms will be available until September 23, 2016 or until the room block is full.

September 22, 2016School Bus Driver Instructor (SBDI) Advisory Committee Meeting Marriott Hotel – Albany, NY

October 14-16, 2016NYSBCA Annual Convention Marriott Hotel – Albany, NY

October 15, 2016NYSBCA Annual Membership Meeting Marriott Hotel – Albany, NY

October 17-21, 2016National School Bus Safety Week

December 8, 2016School Bus Driver Instructor (SBDI) Advisory Committee Meeting NYSED Building – Albany, NYFebruary 23, 2017School Bus Driver Instructor (SBDI) Advisory Committee Meeting Marriott Hotel – Albany, NYMay 20, 2017NYSBCA’s NYS School Bus Safety Competition Rockland Lake State ParkJune 1, 2017School Bus Driver Instructor (SBDI) Advisory Committee Meeting NYSED Building – Albany, NY

(See “62nd Annual Convention” continued on page 3)

NYSBCA Announces its 62nd Annual Convention

Calendar of Events

2 The Yellow Bus, Fall 2016

This publication is a member service of the

New York State Bus Contractors Association

P.O. Box 268, Latham, NY 12210(518) 220-9905 • (518) 220-9906 (fax)

www.NYSBCA.com———

2015-16 NYSBCA Board of Directors

OFFICERSMichael Martucci, President

Quality Bus Service, LLC

Bree Allen, 1st Vice-President The Trans Group

Corey Muirhead, Secretary Logan Bus Company Inc. & Affiliates

John J. Corrado, Treasurer Suffolk Transportation

Robert Pape, Past President Dell Transportation

DIRECTORSKyle Albers

Huntington Coach Corporation

John BeGasse First Student Inc.

Tim Birnie Birnie Bus Service

Robert Brown Brown Transportation

Seth Corwin Chappaqua Transportation

Linda DeSabato Vallo Transportation

Gene Kowalczewski Student Transportation of America

Paul Mori Huntington Coach Corporation

Neil Strahl Pioneer Transportation

Carmen Tomeo WE Transport, Inc.

Brett Wester Durham School Services

HONORARY LIFETIME MEMBERSEd Arrigoni

NY Bus Service

Kevin Clifford Huntington Coach Corp. & Hendrickson Bus

John Corr The Trans Group

Joan Corwin Chappaqua Transportation

Timothy Flood The Trans Group

Phil Vallone Rolling V. Bus Corporation

R. Thomas Weeks Ridge Road Express

STAFFJennifer Hickey Bruce, CMP

Executive Director

Andre Claridge Government Affairs Representative

A Message from the PresidentDear Fellow NYSBCA Members:I hope you had a restful and enjoyable summer! As the school year gears up, so too does the asso-ciation’s activity throughout the state—beginning with the 62nd annual conference this October in Albany. Let me begin by briefly highlighting our progress on this year’s legislative agenda. The association’s package of proposed reforms, which include the use of the ECI for contract extensions, repeal of the sales tax on school buses and associated items, and the reinstatement of em-ployee protection provisions (EPP) into pupil transportation contracts for New York City school bus workers successfully passed both houses of the state legislature this past session. We are currently working with the Gov-ernor’s office to ensure key personnel are fully briefed on the importance of this legislation. We are hopeful the Governor will sign the bill into law, and expect the Assembly to deliver the bill to the Governor in the near future. Members will be provided a comprehensive government affairs update in-cluding, but not limited to our 2016 legislative progress, an analysis of the 2016 state senate races, stop-arm camera legislation, and a number of other important school transportation safety legislative topics.This year’s conference will feature a new format of concurrent sessions. There will be a set of programs designed for school bus company owners and senior managers, and a set of sessions designed for safety and opera-tions personnel. I encourage members to bring employees from their op-erations to the conference, as there will be many excellent speakers and a diverse set of topics.Finally, I want to extend my sincere thanks to the board of directors, com-mittee chairs, and members for another great year. In different ways, each of you have been a force this past year propelling us closer to our goals. Today, we sit on the doorstep of success, and we would not be at this thresh-old without the effort, determination, and participation of each and every one of you. Today, we are incredibly close to making our vision a reality: transforming our industry into one that does even more good for labor, school districts, and most importantly…children. Once again, thank you and I look forward to seeing you all in October in Albany.

Mike Martucci

Dear Fellow NYSBCA Members:

I have gained much professionally and personally through NYSBCA during my time on the board of directors and as a result, I find myself both honored and humbled to have the opportunity to give back and serve as your new President. I am excited to work with our executive committee, board of directors, and membership for the next two years to further the pupil transportation industry in New York.

First, I would like to welcome Bree Allen, Robert Brisman, Corey Muirhead, and Tommy Smith to our board of directors. Each new director brings a unique skill set that will strengthen the organization and help lay important groundwork toward much needed industry reforms. Second, I would like congratulate our past-presidents: John Corr, Tim Flood, Phil Vallone, and Tom Weeks—all of whom were inducted into the association as honorary lifetime members. Third and finally, accolades to Pioneer Transportation and company president Neil Strahl for being awarded the association’s highest honor: the contractor of the year award.

As we look together toward 2016, it is important to remember the purpose for which our organization was formed 65 years ago. There is no question that our industry is at an important crossroads more than six decades later, and there has never been a more critical time to support the efforts of the organization. Over the coming weeks, members of the board of directors will be reaching out to members to make a special appeal for support relative to our legislative efforts this year. The association is pursuing three important pieces of legislation: a sales tax exemption for school buses, parts, and fuel; an expansion of this list of acceptable pass-through costs for transportation operators; and the modification of CPI for contract extensions. Meeting with victory on these initiatives is critical for the continued success of our industry.

With each passing year, it becomes more difficult for bus contractors to offer financial savings to school districts and industry-leading service to children as the cost of regulation outpaces return. As a group, we continue to unite to devise solutions to these problems and preserve the rich history of efficiency and safety that exists here among school bus contractors in New York. I am confident that our association will be recognized not for these challenges, but rather for the innovative ideas, cost-saving solutions, fierce advocacy, and un-paralleled leadership for which we have become renowned.

Wishing everyone a happy and healthy 2016,

Michael Martucci President

EPA and NHTSA Issue Joint Phase 2 GHG and Fuel

Economy Standards Final Rule

The Environmental Protection Agency (EPA) and the National Highway Traf-fic Safety Administration (NHTSA) recently issued a joint Phase 2 Final Rule

detailing the Greenhouse Gas (GHG) emissions and fuel economy standards for medium- and heavy-duty vehicles. The Final Rule requires that vocational vehicles, which include school buses, achieve a 24 percent improvement in fuel economy and corresponding reduction in GHG emissions over the life of the Rule, which will be phased-in by the 2021 model year and culminate in model year 2027. The Rule calls for improvements in the engine, transmission, driv-eline, low rolling resistance tires, idle reduction, weight reduction and some use of hybrid technologies. According to the Rule, these changes will generate more in fuel savings than the cost of compliance with the Rule.

Fall 2016, The Yellow Bus 3

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WORKSHOP TOPICS INCLUDE:Best practices and creating an effective training program• Effective accident investigations• FMLA/ADA Exposures: Is Your Leave Management Pro-• gram “Built to Comply”?School bus driver road tests, CDL changes and updates• Transportation Safety Administration and Terrorism• State Agency updates• Insurance Subrogation• NYSBCA’s legislative initiatives: Pros and cons of ECI, • EPP, and sales tax exemption2017 Safety Bill• Maintenance Roundtable Dis-• cussionFederal Government Relations • UpdateOperation Lifesaver Overview• Updates from NYDMV, NY-• DOT, NYSED Five Minutes of Fame: Hear • from Suppliers About Prod-ucts that Can Help Make you Successful

THANK OUR SPONSORS The NYSBCA Annual Convention cannot be successful without the support of our sponsors. Please consider each of these companies when you are in the market for their services:

All Points Bus Parts• Bird Bus Sales• Bus Parts Warehouse• Factory Direct Bus Sales• GKG CPAs• Keystone Insurers Group• LCS & Z, CPAs and Consul-• tantsLeonard Bus Sales, Inc.• Matthews Buses, Inc.•

National Interstate Insurance• Nesco Bus• New York Bus Sales• P.A. Post Agency• Protective Insurance Company• Synovia Solutions, LLC• Trans Tech• Truck King International• Zonar•

To find out more about the Annual Convention or to register, please visit

http://www.nysbca.com/convention2016.html.

62nd Annual Convention (continued from page 1)

4 The Yellow Bus, Fall 2016

Fall 2016, The Yellow Bus 5

Thomas Northeast Regional Service Manager Steve Groat was also in attendance, along with Dean August of Seon, and Cummins ON-Highway Managers Jody Ernst and Dave Sturdy.Following the Open House, attendees headed over to the ballpark for a tailgate party sponsored by the Tri-County NYAPT chapter and the New York Penn League tilt between the Hudson Valley Renegades and the Brooklyn Cyclones.

Hudson Valley Renegades Mascot “Rascal” joined the NYAPT and Mat-thews group for part of the game.

Matthews Buses is the longest tenured Thomas Built Bus Distributor in the State of New York and maintains the lon-gest continual distributor/manufacturer relationship of any school bus distributor in New York.

Poughkeepsie, NY - August 5, 2016—Guy Matthews, Vice President and General Manager of Matthews Buses, Inc.

today officially dedicated Matthews’ new service facility at 150 Noxon Rd.“This facility and the staff we have here demonstrates our commitment to the bus operators in Dutchess, Putnam, Or-ange and surrounding counties,” Guy noted. “We need to maintain the high level of service our customers have come to expect in our first fifty years, and continue to improve on it,” he continued.Transportation professionals from over a dozen school dis-tricts and contractors throughout the lower Hudson Valley joined Thomas Built Buses President Caley Edgerly and Thomas Regional Sales Manager Tommy Smith in the cel-ebration which included a ribbon cutting ceremony.

LR: Matthews Parts Manager Richard Groves, Thomas Built Buses Presi-dent Caley Edgerly, Matthews Vice President and General Manager Guy Matthews, CFO Kathy Drapeau, Director of Parts and Service John Met-zler and Sales Manager Paul Daniels

Poughkeepsie Facility Open House Celebration

When turning, try to manage your space. Taking the turn • slowly will allow you to have more control over your ve-hicle throughout the entire maneuver. During right turns, when possible, wait for other vehicles • to pass safely before slowly making the turn. During left turns, be sure that the entire turn can be com-• pleted without making any vehicles in the intersection swerve or rapidly slow down. When present, observe pedestrian cross signals to help • determine when a light may change in an intersection. When entering any intersection, consider the road condi-• tions and weather. During your pre-trip inspection, ensure that all reflective • material on the vehicle is in proper working condition. This will help increase the visibility of your vehicle and let you be seen in the intersection.

There are many different variables to control when enter-ing every intersection. By following the tips above, you can manage intersections better and improve the safety of you and your vehicle, as well as others on the road.Article brought to you by National Interstate Insurance. To find out more, visit Natl.com.

Intersection safety and attentiveness

is extremely impor-tant when operat-ing a commercial motor vehicle. Al-ways be aware of your surroundings when entering any intersection. Below is a helpful list of

ways to become more attentive at every intersection: Manage your vehicle’s speed and try to anticipate whether • the light will be changing. Always provide yourself enough time and space to stop your vehicle safely. Regularly check mirrors to understand where other driv-• ers are. As you know, other drivers typically assume you can see them even if you cannot. Pedestrians are going to think you can see them as well. • Be prepared to stop and give them the right of way. Position your vehicle well in advance of entering the in-• tersection and ensure you and your vehicle can be seen by all in the intersection.

Intersection Safety

6 The Yellow Bus, Fall 2016

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Kingston, NY, July 27, 2016. The Trans Group and employees from two member firms were recognized by the NSTA at its recent meeting in Greensboro, NC. Top among the honors,

The Trans Group received the first-ever company-wide Gold Certification from the NSTA’s “Green School Bus Fleet Certification Program,” an award that was reviewed and endorsed by the U.S. Environmental Protection Agency’s Clean School Bus USA Program.Also honored with a Golden Merit Award was Rick Wolff, Ethan Allen Transportation General Manager. Wolff began working in the school transportation industry for Ethan Allen Transpor-

tation (a member of The Trans Group family) in 1993, quickly establishing himself as proficient in dispatch, safety, routing and driving. Patti Royce-Moser, Rout-ing Coordinator for Educational Bus Transportation (also a member of The Trans Group), was also recog-nized with a Golden Merit Award for her commitment to excellence on the job. Royce-Moser is also a recipi-ent of the prestigious Seven Seals Award from the Department of Defense and has been recognized for her contributions to the Transfinder Advisory Board.Headquartered in Spring Valley, NY, The Trans Group operates over 1,200 school and public transit buses in lower New York State and Long Island. The company is actively involved in the school bus industry on the state and federal level. For more informa-tion, please visit www.thetransgroup.com.

The Trans Group and Employees at Two Member Firms Recognized by the National

School Transportation Association

Rick Wolff (left) receiving Golden Merit Award

Patti Royce-Moser (left) also receiv-ing Golden Merit Award

Leonard Bus Sales President and CEO, Mike Leonard, announced that Hel-

ena So of Great Neck, and daughter of Byung So of Dell Transportation, is the winner of the inaugural Leonard Fam-ily Scholarship for the New York School Bus Contractors Association.“It is our honor to present the Leonard Family Scholarship to Helena So, a mo-tivated graduate of Great Neck South High School who is continuing her ed-ucational journey as a nursing major at New York University,” said Mike Leon-ard. “Helena is a very impressive stu-dent and embodies the values of hard work, dedication to her community and leadership – all things we appreci-ate at Leonard Bus Sales.”The scholarship was created to pro-mote student success after high school with preference given to students purs-ing careers in diesel mechanics, au-tomotive mechanics, and those with financial need. Students must also at-tend either a two or four-year college or trade school to receive the one-time scholarship.“We established the Leonard Family Scholarship to assist students because we realize that one of the most impor-tant things we can do, as a company

and family, is support children and their future,” said Mike Leonard. “We are deeply proud of this scholarship and of Helena, and we look forward to helping more students reach their goals and achieve the success they deserve.”“We want to thank the New York School Bus Contractors Association for partner-ing with us to make the annual Leonard Family Scholarship a reality,” said Jon Leonard, Vice President of Leonard Bus Sales. “Being able to help students con-tinue their education after high school means a great deal to the entire Leon-ard Bus Sales family. We wish Helena great success at New York University and hope she accomplishes her goal of becoming a nurse, so that she can fulfill her dream of helping others.”The Leonard Family Scholarship is an annual award open to children of New

York School Bus Contractors Associa-tion members -- a one-time scholarship is paid directly to the student’s educa-tional institution. Applications for next year will be accepted in the early part of 2017 with the award being announced prior to the end of the school year. The New York School Bus Contractors As-sociation will provide more details to its members about the application pro-cess for 2017.About: Leonard Bus Sales, Inc. is owned and operated by the Leonard family, a recognized leader in the dis-tribution and support of safe, envi-ronmentally-friendly school buses. A third-generation family-owned busi-ness, Leonard Bus Sales has been pro-viding cost-saving fleet management services and award-winning customer support for over fifty years. Leonard Bus Sales is a leading distributor of IC BusTM brand buses in Upstate New York. The company also distributes Type-A school buses from Trans Tech throughout New York. Leonard Bus Sales is headquartered in Deposit, NY and operates four full-service facilities in Bergen, Rome, Saratoga Springs and a Trans Tech Type-A facility in Garden City Park, N.Y.

Helena So, Daughter of Byung So of Dell Transportation, Wins Inaugural

Leonard Family Scholarship

8 The Yellow Bus, Fall 2016

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Fall 2016, The Yellow Bus 9

partnership agreement, a limited partner lacks the right to participate in the management of the business of the FLP. As such, a minority interest and lack of marketability discount is appropriate for the gift of the FLP interest. There is no set formula for determining the exact percentage of the minor-ity interest and lack of marketability discounts, but often, discounts fall between 20% and 40%. The average 30% dis-count would allow the $2,500,000 gift to reduce the life-time exemption by only $1,750,000 saving $750,000 for additional gifting. This technique was extremely powerful when the lifetime exemption was only $1,000,000, rising to $3,500,000 through 2009. But when the exemption increased to $5,000,000 in 2010 and the rules of portability came into play, complex estate planning like the above became less necessary for many small business owners. So for these taxpayers, it may be advantages to leave the assets with the original holder and allow for a stepped up in basis at the time of death. But for single and joint estates larger than $5,450,000 and $10,900,000, respectively, this technique is still a very impor-tant estate tax saving tool.The ability to use this type of discounting as a viable estate plan tool is about to change with the new proposed regula-tions. The purpose and intent of the new proposed regu-lations is to substantially reduce an individual’s ability to apply valuation discounts when gifting interest in closely held family businesses. The effects can be dramatic to care-fully planned long-term estate plans that utilize gifting over a period of time and any future plans considering the above technique. The proposed regulation will not take effect until 30 days after it is finalized which is expected to be sometime from early to mid-2017. The proposed regulations should not affect transfers made prior to the effective date, although there may be a new “three year rule” that could affect transfers made before the effective date if the transferor dies after the effective date but within three years of making the transfer. This event could draw the gifted assets back into the donor’s estate and disallow the use of the marital and charitable deductions.The old rules were very complex, the new rules are even more complex. It is important to note that there is still time to take advantage of the current law before the proposed regulations become Final Regulations and the new rules take effect. We encourage you to speak to your estate and tax advisors about these changes as soon as possible because planning is complex and implementation does take time. Please feel free to call the GKG tax team if you would like any additional information on this subject.Wayne L. Martin CPA, CGMA Partner, GKG CPAs

A favored estate and succession planning tool for passing down real estate and school bus companies to the next

generation of family owners at respectable discounts is go-ing to be greatly curtailed under proposed IRS Code Sections 2704(a) and (b). Why is this and what should you know?There has been a Treasury regulation under IRC Section 2704 around since Congress enacted it in 1990. The general purpose of IRC 2704 was to limit taxpayers and their estate planners from using overly aggressive strategies that limit the exposure of taxpayers’ estates to the gift, estate and gen-eration-skipping transfer taxes. Over the decades, following a number of tax court cases along with evolving state laws, IRC 2704 has been undermined allowing the IRS’s ability to enforce those rules. The current rules have created flexibility and has allowed for some advantageous estate tax planning and strategies. What are those strategies and how do they work? One technique is for a shareholder or partner in a business to create a family limited partnership (FLP). The owner of a business would contribute his or her shares in the business to the FLP at the tax basis that they currently hold. For this example, we’ll use a rental real estate partnership. We’ll also assume that the real estate has a purchase price of $750,000 twenty years ago with $250,000 being allocated to land. Af-ter consideration for depreciation, the adjusted tax basis of the property would be approximately $494,000 today. We’ll also assume that the property has a fair market value of $2,500,000 at the time the property is placed into the FLP for gifting. When the gift is made, the actual gift will be units of the FLP, not the deed of the property itself that is now held by the FLP.A key component of gifting is that a gift is made at the fair market value of the property being gifted net of the annual $14,000 annual exemption. Gifting beyond the $14,000 an-nual exemption per recipient will reduce the life time gift and estate tax exemption. For 2016, that exemption stands at $5,450,000 per taxpayer.Getting back to the example above, the donor of the real es-tate would like to squeeze as much of their assets as pos-sible into his or her life-time exemption to avoid paying as little estate tax as possible upon their death. Placing appre-ciable assets into a FLP allows the now managing member of the FLP to gift units of the FLP to family members while maintaining control of those assets. The recipients of the gift will be given units of a business in which they do not hold a controlling interest and lack the ability to sell that interest. Generally, the courts have held that a discount to reflect the lack of control held by a minority interest owner and the lack of marketability of such interest in a closely held business is appropriate. In our example, a discount with respect to the gifted limited partner interests for lack of control would be substantiated, since under state law and the correctly crafted

Stricter Rules for Valuation Discounting and Estate Planning

Like us on Facebook!

The NYSBCA has a Facebook page. You’ll find news, info, video and pictures. Please “like” the page and invite your employees, co-workers, friends, relatives. Any and all are invited! Find it here: https://www.facebook.com/NewYorkSchoolBusContractorsAssociation. You can also enter New

York School Bus Contractors Association in the search box.

10 The Yellow Bus, Fall 2016

Fall 2016, The Yellow Bus 11

By 2017, over a third of the world’s population is projected to own a smartphone, an estimated total of almost 2.6 bil-lion smartphone users in the world.1 This explosive smart-phone market growth has spurred a $77 billion mobile app market with the average mobile app user spending more than 30 hours a month on more than two-dozen apps.2

Mobile app technology in education is also in high demand. Last year, the US mobile education market was around $1.82 billion.3 Pair these statistics with the fact that 26.9 million K-12 students are transported every day by a school bus, and the opportunity for schools to establish an open line of communication with parents through bus tracking mobile apps is astounding.4

More importantly, such apps offer a safety measure making sure students get on the right bus at the right time, and off at the right stop. The added benefit is possible reduction in tar-diness and absenteeism related to students missing the bus.Getting a child to the bus stop can be a stressor. Parents worry, is the child late, on time, or will they be waiting in the dark, cold, or rain? On the flipside, bus drivers, transpor-tation departments and school administrators alike are also strained with concerns around shrinking budgets, safety, maintenance, and staffing concerns. To ensure every child makes it onto his/her bus, schools are investing in GPS tracking software that helps track the loca-tion of a child’s bus. Most school systems today are already using GPS tracking software to monitor bus routes so they have the ability to increase fuel efficiency, improve safety measures and track vehicle location all while reducing costs and saving money.As technology advances, schools can now use that same technology to provide a parent-facing mobile app that of-fers useful and helpful information in real-time. The bus tracking apps allow parents to connect to the transportation department’s GPS platform (from a smartphone, tablet or computer) to gather data about the location of their child and his/her bus. Using the app on a smartphone and a se-cure ID for their child, a parent now has the ability to see the location of their child’s bus, be alerted if there’s a change in schedule, or even get a push notification when the bus is 5 minutes away.

Now parents and students, like transportation administra-tors, can have the information they need to get their child to the bus stop safely and to school on time. Schools benefit by deterring tardiness and absences related to missing the bus while transportation departments experience fewer calls from concerned parents. MSD of Wayne Township school district in Indianapolis has 16,400 students with10,500 students (or 64 percent) relying on buses as primary transportation. The school district re-cently adopted Here Comes the Bus, a website and mobile app that provides GPS tracking of students’ buses.“Many parents have reported that the app makes a differ-ence in their morning routine. Parents are tracking and get-ting their students out to the bus stop on time. Many par-ents have also stated they track their child’s bus from work in the afternoon so they will know when their child arrives home,” Janet Petrisin, Director of Transportation for MSD Wayne Township said.Some schools are taking it a step further and not just tracking the location of the bus, but also tracking each student board-ing and exiting the bus. Point Isabel ISD in Texas recently implemented GPS tracking technology that tracks each child riding the bus by scanning his or her student ID when the student boards and exits. “We think it’s critical to keep track of the hundreds of stu-dents using our buses each day,” said Superintendent Dr. Lisa Garcia. “Our newly implemented parent-facing plat-form is a virtual eye on all of our bus riders providing ad-ministrators important information while also giving our parents peace of mind.” As the school year progresses, consider how mobile app technology can improve the lives of students, staff, and par-ents by helping keep students safe and parents informed.1 http://www.statista.com/statistics/203734/global-smart

phone-penetration-per-capita-since-2005/2 https://www.entrepreneur.com/article/2368323 http://www.gsma.com/connectedliving/wp-content/

uploads/2012/03/landscape110811interactive.pdf4 School Bus Fleet Fact Book 2016, Vol. 61 No. 11. www.schoolbus

fleet.com

Mobile App Technology Demands Impact School TransportationElizabeth James, Director of Product Strategy, Synovia Solutions

12 The Yellow Bus, Fall 2016

Fall 2016, The Yellow Bus 13

For many schools having a system that lets it know the time, date and

location of each entry and exit from the bus of students for real-time child search and child check might be a nice to have but one that’s hard to justify economically. School Districts have to balance being safety conscience with being good community stewards and fiscally responsible in managing costs.

What many schools aren’t aware of is the availability of the Medicaid School Based Services (SBS) program which includes reimbursement for trans-porting eligible special needs students to offset the cost of transportation services. Currently, each Medicaid-eligible student with an Individual Education Plan (IEP) is eligible for $500-$1000 reimbursement back to the school. With the right systems in place, some schools are receiving hundreds of thou-sands of dollars per year in reimbursements. With these funds sitting on the table, gaining easy access to them should be a no-brainer.

But schools are hesitant to try to access these funds because eligibility and data requirements for reim-bursement can seem daunting and must be audit-able. Smart fleet technology can ease these issues. The same “nice to have” time, date and location of each student’s entry and exit from the bus for real-time child search and child check technology can be used to track and store data reliably and accurately. That electronic data can be easily submitted to re-claim funds in a matter of minutes instead of weeks which traditional reporting requires.

School districts without these types of smart fleet technologies in place have traditionally completed Medicaid accounting on paper by monitoring and tallying eligible student ridership via checkboxes on the forms. This process is time-consuming and makes it hard to accurately capture the data needed let alone verify it isn’t manipulated or “pencil whipped.” This paper-based method can also lead to error-prone claims and payback issues. Often school districts determine the process which can take over a week is too much work compared with the risk of audit for the returns they are receiving and discontinue seeking reimbursement.

A best practice use of this type of technology is us-ing tracking software and radio-frequency identifi-cation (RFID) cards that gather accurate, real-time data on your students with special needs and the

bus attendants that provide care for them. With the data captured through these scans, schools can seamlessly re-port those students’ ridership within the SBS guidelines and access signifi-cant Medicaid reimbursement dollars that districts without such technol-ogy have been letting slip through the cracks and letting go unclaimed.

Let technology do the heavy lifting and eliminate the complexities and audit risk associated with manual re-porting for Medicaid reimbursement. The value of a RFID card-based stu-dent tracking system goes beyond special needs students. Schools can implement it to help keep all their school bus riding students safer with real-time child checks delivering peace of mind regarding where stu-dents are.

How to get your school bus technology to pay for itself with

Medicaid Reimbursements

14 The Yellow Bus, Fall 2016

Fall 2016, The Yellow Bus 15

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16 The Yellow Bus, Fall 2016

Legal focus

Have a topic or question you’d like to know more about? Call or email us your suggestion, we’ll do the research and publish the information

in an upcoming article. Contact help@rckelly.com or 215-896-3846

Avoiding OSHA Violations for School Bus Violence The General Duties Clause of the Occupational Safety and Health Act (OSHA), says that “[e]ach employer shall furnish … employees … a place of employment … free from recognized hazards that are … likely to cause … serious physical harm to … employees”. 29 U.S.C. § 654, 5(a). Recently, OSHA fined a York, PA healthcare provider $98,000 because OSHA found that the employer did not properly respond to an employee’s request for help with treating violent patients. This article will discuss what to do when your driver or aide makes you aware of an on going risk of injury from violence on the school bus. OSHA fines Epic Health Services for a Willful Violation

Epic Health provides pediatric home health and therapy services to medically frail and chronically ill children. An employee filed a complaint alleging sexual assault by a home care client after the company had been warned about sexual assaults by another employee. Epic Health also received numerous reports of other verbal, physical and sexual assaults on employees. In addition,

one employee reported having to work in a house in which domestic violence occurred. OSHA cited the company for a willful violation for exposing their employees to workplace violence in the form of physical and sexual assaults. The Company was fined $98,000 for the hazards and given a list of actions they may take to abate further violence, including: A written, comprehensive

workplace violence prevention program

Workplace violence hazard assessment and security procedures for each new client

Procedures to control workplace violence such as a worker’s right to refuse to provide services in a clearly hazardous situation without fear of retaliation

A workplace violence training program

Procedures to take in the event of a violent incident in the workplace, including incident reports and investigations

A system for employees to report

all instances of workplace violence, regardless of severity.

Traditionally, Courts have held that a willful violation is found where an employer voluntary or intentionally disregards a risk of workplace injury. Mineral Indus. & Heavy Constr. Group v. OSHRC, 639 F.2d 1289, 1295 (5th Cir. 1981). But, recent Court decisions have lowered that standard when considering civil penalties to require only that the employer was aware of the risk, knew that it was serious, knew that effective measures could be taken to avoid the risk of injury, but did not do so. Dukane Precast, Inc. v. Perez, 785 F.3d 252, 256 (7th Cir. 2015). How Does This Apply to Contractors?

School Bus Contractors often find themselves in a balancing act between ensuring a safe school bus environment for the driver, aide, and other students and the requirements or special needs of one particular student. At what point does aggressive or rowdy student behavior become a potential incidence of violence or injury? What obligations

20160816

The General Duties Clause of the Occupational Safety and Health Act (OSHA), says that “[e]ach employer shall fur-

nish … employees … a place of employment … free from recognized hazards that are … likely to cause … serious physical harm to … employees”. 29 U.S.C. § 654, 5(a). Re-cently, OSHA fined a York, PA healthcare provider $98,000 because OSHA found that the employer did not properly respond to an employee’s request for help with treating vio-lent patients. This article will discuss what to do when your driver or aide makes you aware of an on going risk of injury from violence on the school bus. OSHA fines Epic Health Services for a Willful Violation

Epic Health provides pediatric home health and therapy ser-vices to medically frail and chronically ill children. An em-ployee filed a complaint alleging sexual assault by a home care client after the company had been warned about sexual assaults by another employee. Epic Health also received nu-merous reports of other verbal, physical and sexual assaults on employees. In addition, one employee reported having to work in a house in which domestic violence occurred. OSHA cited the company for a willful violation for exposing their employees to workplace violence in the form of physi-cal and sexual assaults. The Company was fined $98,000 for the hazards and given a list of actions they may take to abate further violence, including:

A written, comprehensive workplace violence prevention • program Workplace violence hazard assessment and security pro-• cedures for each new client Procedures to control workplace violence such as a work-• er’s right to refuse to provide services in a clearly hazard-ous situation without fear of retaliation A workplace violence training program • Procedures to take in the event of a violent incident in the • workplace, including incident reports and investigations A system for employees to report all instances of work-• place violence, regardless of severity.

Traditionally, Courts have held that a willful violation is found where an employer voluntary or intentionally disre-gards a risk of workplace injury. Mineral Indus. & Heavy Con-str. Group v. OSHRC, 639 F.2d 1289, 1295 (5th Cir. 1981). But, recent Court decisions have lowered that standard when considering civil penalties to require only that the employer was aware of the risk, knew that it was serious, knew that effective measures could be taken to avoid the risk of injury, but did not do so. Dukane Precast, Inc. v. Perez, 785 F.3d 252, 256 (7th Cir. 2015).

How Does This Apply to Contractors? School Bus Contractors often find themselves in a balanc-ing act between ensuring a safe school bus environment for the driver, aide, and other students and the requirements or special needs of one particular student. At what point does aggressive or rowdy student behavior become a potential in-cidence of violence or injury? What obligations do the school bus driver and contractor have in controlling that behavior or protecting other students? At what point must the con-tractor take action? What if school district does not support the action recommended by the driver or contractor?

What Should Contractors Do? As OSHA has stated, the best defense is a zero tolerance • policy toward workplace violence. Contractors should ensure that they have a clearly stated, comprehensive Workplace Violence Prevention Policy in their Handbook. The Policy should include the procedures to take in the event of a violent incident, reporting the incident, con-ducting appropriate investigations, and a non-retaliation statement. As always, the Policy should be enforced con-sistently. Contractors should create a system for employees to re-• port all instances of workplace violence, regardless of se-verity. Employees should review the Policy and understand that • all claims of workplace violence will be investigated and remedied promptly. Contractors should review the Policy with their School • Districts on an annual basis and should recognize that their contract with the school district also requires the contractor to provide a safe environment for all students on the bus. It may be wise to review the School District’s Policy and the contract to ensure everyone agrees on the

(continued on next page)

Contractors should ensure that they have a clearly stated, comprehensive workplace violence prevention policy in their handbook and that there is a clear system in place for reporting instances of workplace violence.

Fall 2016, The Yellow Bus 17

ECI, Sales Tax, EPP Legislation Awaits Action by Governor

CuomoAssociation Preparing for 2017 Legislative

Session after Successful 2016

2016 was a very successful year for the NYSBCA legislative committee and team. Working closely

with our friends in labor, we forged a powerful coalition of school transportation policy stakeholders from across the state to advocate for a comprehensive school transportation reform package that will reinstate employee protections for New York City school transportation workers, fix a failing economic index school districts use as a negotiation cap for school transportation contract extensions, and prevent many school districts and New York State from paying the sales tax on school buses.The legislation passed the Senate and the Assembly in June with bi-partisan support during the last week of the legisla-tive session after a thoughtful and vigorous advocacy effort by the Association, our friends in labor and our lobbying team. While the legislation received broad support from superintendents, school board members, school business officials, unions, and education policy administrators and legislators, we still face opposition from special interests in Albany who were publicly spreading misinformation about our legislation. We overcame their opposition and now await Governor Cuomo’s consideration.“The legislative package that NYSBCA and the state’s school transportation unions developed goes a long way toward improving school transportation policies in New York State,” said Andre Claridge, Managing Partner of PC Public Affairs. “It has and continues to be a tremendous team effort.” “The legislation was developed with transparency and open-ness to make sure the policy changes would benefit school bus safety, our school district partners and the taxpayers of New York State. It is unfortunate that there are special inter-ests in Albany that are more concerned about their personal political agenda and not the safety and efficiency of New York’s school transportation system,” said Claridge.NYSBCA’s legislative team has been working tirelessly to educate the Governor Cuomo and his administration on the benefits of the legislation all summer. This effort will con-tinue until the legislation reaches his desk for signature to ensure the legislation receives a fair review. We are hopeful that the Governor will continue his support for labor, smart budget policies and positive school trans-portation reform in New York State. We will keep the NY-SBCA board abreast of the any action by the Governor. The legislation must be sent to him for consideration before the end of this year.A quick note on next year’s legislative session: NYSBCA and its legislative team will be discussing next year’s agenda at the October convention. Some of the topics being discussed include, but will not be limited to school bus safety, Work-ers’ Compensation reform, and red-light-type stop-arm cameras.

appropriate course of action to prevent and/or respond to incidents of violence on the school bus. Contractors should keep in mind that employees have the right to re-fuse to provide services in a clearly hazardous situation, and they may not be retaliated against for such a refusal. In an effort to protect bus drivers, aides, and other stu-• dents on the bus, contractors and the school district should be prepared to bar potentially violent students from bus transportation when other measures have failed. Contractors may consider implementing a workplace vio-• lence training program or module. As always, we are here to help. If you have any ques-• tions about your Workplace Violence Prevention Program or Policy, or would like more information about this re-cent OSHA citation, you may contact us at RC Kelly at 215 896-3846 or help@rckelly.com.

Have a topic or question you’d like to know more about? Call or email us your suggestion, we’ll do the research and publish the information in an upcoming article.

RC Kelly Law Associates • Website: www.rckelly.com Email: help@rckelly.com • Phone: 215-896-384

Address: 623 North Broad Street Lansdale, PA 19446

Legal Focus (continued from page 16)

RON GAMBINI NAMED TO RTA CLIENT

ADVISORY BOARD

July 13, 2016… Ron Gambini, Vice President of Mainte-

nance at The Trans Group, has been named to the inaugural client advisory board of RTA Fleet Management, a leader in the fleet management industry for nearly three decades. The announcement was made by RTA Fleet Management Com-pany CEO Josh Turley.“Ron was named to the RTA Client Advisory Board because of his experience heading up maintenance operations at one of the largest school and transit transportation companies in New York State,” explains Turley. “Over the years, as an RTA client, he has provided us with extremely valuable feedback that resulted in enhancements to our fleet mainte-nance software packages. At RTA, we believe the best way to meet the needs of our clients is to hear from people like Ron directly on an ongoing basis, and that’s what the RTA Client Advisory Board will accomplish through regularly scheduled calls and meetings. We look forward to his con-tinued insights on the new advisory board, which is com-prised of representatives from a diverse array of industries and fleets.”Gambini also helped oversee the integration of computers into the everyday maintenance work stream, enabling the company to more readily identify trends as they develop and instantly reflect any upcoming maintenance cycles.

18 The Yellow Bus, Fall 2016

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That’s why we provide our school transportation partners the most comprehensive �eet management and customer support in the industry.

(800) 554-4504 www.leonardbus.com

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Bergen Deposit Rome Saratoga Springs Garden City Park

Fall 2016, The Yellow Bus 19

We are excited to announce that registration is open for this FREE educational offering. On September 22,

2016, join Richard Kelly, Esq. from RC Kelly Law Associates for his presentation on “Legal Updates in Student Transpor-tation.” Rich will explain and highlight legal and case law updates in the student transportation industry with time for a Q&A session at the conclusion. We are looking forward to having you!Please register by September 15 by going to the following link:

https://attendee.gotowebinar.com/register/ 3649488376690914049

After registering, you will receive a confirmation email con-taining information about joining the webinar. Questions or Comments? Contact help@rckelly.comRC Kelly Law Associates is excited to become a member of the New York School Bus Contractors Association. Richard C. Kelly, Esq. has been working with school bus operators for the last decade. Rich and his team are familiar with the unique services you provide and the unique challenges and issues you encounter every day. Our staff includes Attor-neys, MBAs, HR Specialists, and certified teachers, who are committed to finding practical solutions for you, so you can stay focused on your core business - student transportation

RC Kelly Law Associates, LLC Offering a FREE Webinar

Legal Updates in Student Transportation Webinar - Thursday, September 22, at 10:00 AM

Momentum for adding lap-shoulder belts to school buses kicked into high gear in late 2015 when Dr. Mark Rose-

kind, NHTSA administrator, called on school districts every-where to add seat belts to their school buses. “School buses should have seat belts. Period,” Mr. Rosekind stated to an audience of transportation directors from around the coun-try. “Every child on a school bus without a seat belt means more risk of serious injury to precious cargo.”Indianapolis Public Schools, the largest school district in the state of Indiana, heeded that call. They rolled out 100 new propane-fueled school buses equipped with 3-point lap-shoulder belts just in time for the new school year, and they plan to add more. The proactive move is a step in the right direction to improve not only safety but behavior. Dis-tricts with lap-shoulder belts and enforced usage policies have found their bullying and discipline issues significantly reduced.The new, more fuel efficient buses, are manufactured by IC Bus and come equipped with exclusive BTI Seating. These kinds of seats not only offer SafeGuard three-point lap-shoulder belts to keep students safer and better behaved, they’re also easier to configure and repair which will save the district money. “So many parents have been concerned about safety of kids on school buses. We’ve had some high profile accidents with buses. I know everyone is safety first priority for kids,”

board president, Mary Ann Sullivan told Indianapolis TV station FOX 59.“I applaud this initiative because it’s truly a decision that puts the wellbeing of our students first,” said Indianapolis Mayor Joe Hogsett.Monica Coburn, transportation director for IPS, experienced the safety and behavioral benefits lap-shoulder belts can have on school buses when she added them to her fleet dur-ing her tenure as transportation director in Bartholomew County, Indiana. “Kids were off the walls with no seat belts,” Coburn explained. “With the seat belts, discipline (problems) have been reduced by 90 to 95 percent.”“More and more Indiana school districts are doing their re-search and finding that adding lap-shoulder belts to their school buses can better protect the children in their care and better protect the district financially by reducing injuries and behavioral issues,” said Tom Anthony, IMMI President, the company that designs and manufactures the seat belts. “We’re thrilled to partner with IPS as they take this step to make their buses as safe as they can be for their students.” IPS joins Indiana districts Westfield Washington Schools and Evansville Vanderburgh School Corporation which added lap-shoulder belts to their school buses used for travel and activities in the last year.

Indianapolis Rolls Out 100 New School Buses with Seat Belts

20 The Yellow Bus, Fall 2016

P.O. Box 268Latham, New York 12110

Read These Stories InsideNYSBCA Announces its 62nd Annual Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1Calendar of Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1A Message from the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Poughkeepsie Facility Open House Celebration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Intersection Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5The Trans Group and Employees at Two Member Firms Recognized by the NSTA . . . . . . . . . . . . . . . . . . . .7Helena So, Daughter of Byung So of Dell Transportation, Wins Inaugurl Leonard Family’s Scholarship . . . .7Stricter Rules for Valuation Discounting and Estate Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Mobile App Technology Demands Impact School Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11How to get your school bus technology to pay for itself with Medicaid Reimbursements . . . . . . . . . . . . . . . .13Legal Focus: Avoiding OSHA Violations for School Bus Violnce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16Ron Gambini Named to RTA Client Advisory Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17ECI, Sales Tax, EPP Legislation Awaits Action by Governor Cuomo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17Indianapolis Rolls Out 100 New School Buses with Seat Belts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19RC Kelly Law Associates, LLC, Offering a FREE Webinar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19