Update from NASDPTS

Presented to SESPTC 2009Charlie Hood, President

National Association of State Directors of Pupil Transportation Services

What is NASDPTS?

• Founded in 1968

• Represents 50 states, suppliers, others

• Provides leadership and guidance to its members, federal agencies, and others

• Works for safe, secure, healthy transportation of the nation’s transported school students

Who is NASDPTS?

• State Directors

• State and National Associations (incl. most SE States)

• Supplier Council

• Associate Members

• School Bus Manufacturers Technical Council

Board Members from Southeast

• Immediate Past President, Derek Graham

• Current President, Charlie Hood

• President-Elect, Mike Simmons

• Southern Regional Director, Joe Lightsey

• Supplier Council Chair, David Harden

2009 NASDPTS Conference

• Held each year along with NAPT

• October 30th to November 2nd, Louisville, KY

• Info on lodging, registration and program schedule and topics at www.nasdpts.org

NASDPTS Issues

• ARRA (the “Stimulus” bill) and DERA

• NHTSA and Occupant Protection

• FERPA

• CDL Rulemakings

• Security

• Public Transit and FTA

NASDPTS Issues

• Highway bill reauthorization

• Safe Routes to School

• NHTSA “soft side” Projects

ARRA• American Recovery and Reinvestment

Act signed Feb. 17• $787 billion

• Goal is to create and preserve jobs

• Fast track spending

ARRA

• DERA: $300m• 70% for direct grants;30% for states

• Can be used for replacement buses, retrofits, idle reduction

• Must show jobs benefit as well as clean air benefit

• Applications were due April 13

NHTSA Occupant Protection• Final Rule published October 2008 for new

buses only: • No mandate for belts in large buses• Lap/shoulder belts for small buses• 24 inch seat backs (« high back » seats) • Positive latches on flip seats• Standards for belts in large buses (2 or 3-point)

NHTSA Occupant Protection

• No mandate for belts in large buses• There is no unreasonable risk of death or injury in

school buses• States and local districts in best position to

determine use of resources• Students safer in school buses than any other mode

NHTSA Occupant Protection

• Lap/shoulder belts required in small buses built after October 2011:• Buses <10,000 lbs GVWR more vulnerable,

passengers more subject to ejection

• NHTSA rejected requests to include Type A-1 buses

NHTSA Occupant Protection

• Seat back height increases four inches as of October 2009• Higher seats prevent student override in frontal crashes

• Positive seat latches required as of 10/2009• Prevents cushions on flip seats from coming unlatched• May be achieved by automatic latching devices

NHTSA Occupant Protection

• Standards for voluntary installation of belts in large buses effective October 2011• Allows for flexible seats to accommodate different

sizes and ages of students in three-point lap shoulder belts; retains current “rump” width on these seats

• NHTSA rejected requests from NASDPTS and others to ban lap-only belts

State Legislation on Occupant Protection

• NY, NJ, FL require lap belts

• CA requires lap/shoulder belts

• LA (2002) and TX (2007) passed laws, but no funding to implement them

• At least 9 other states considered legislation during 2009

FERPA Rulemaking• Family Educational Rights and Privacy Act

of 1974 (FERPA).

• NASDPTS submitted comments encouraging USED to explicitly acknowledge that school bus drivers sometimes have “legitimate educational interest” in student info

FERPA Rule Change• Final rule effective January 8, 2009

• Allows LEAs to designate bus drivers and contractors as school officials

• May get student info without consent

• Annual notice with rationale required

• Training on confidentiality required by IDEA

Security Act - HR1

• “Implementing Recommendations of the 9/11 Commission Act of 2007”

• Signed by President Bush, August 3, 2007

Sec. 1538. School Bus Transportation Security

• Security Risk Assessment required within one year (August 2008)

• Assessment of security risks to school bus system, including public and private systems

• Assessment of actions already taken• Assessment of whether additional actions and

investments are necessary

TSA Activity on HR1

• No School Bus Risk report to Congress yet• Continuing NASDPTS contact with TSA• NASDPTS contact with Congress

• Report still under review within TSA

• Best guess for release is no earlier than September 2009

School Bus First Observer

• Considerable work by NASDPTS and other associations to expedite revamp, relaunch of former School Bus Watch program

• School Bus First Observer deployed starting in June 2009

• More to come…

CDL Licensing• National Registry of Certified Medical

Examiners

• NPRM published December 2008

• Requires MEs to be trained and tested

• Certified MEs will be listed in online registry

• Will apply to all drivers where state adopts interstate rules

CDL Testing• NPRM published April 2008

• 30 day wait period between Commercial Learner’s Permit (CLP) and skills test

• No interpreters for CDL tests• No S endorsement on CLP• Must recognize CLP from other states• CLP good for no more than 6 months

CDL Testing• Third party testers

• Must complete formal training• Must conduct 50 tests/year• Examiners must conduct 10 tests/year• Must submit weekly schedules to state• Greater state oversight of third party testing

FMCSA NPRM- Training Requirements for Entry-

Level CDL Operators• Proposes Significant Increase in Pre-licensing

Training for CDL Drivers Intending to Drive Interstate (90-120 hrs)

• Training Must be Provided by an Accredited School

• 3 Year Implementation Period

NASDPTS CDL Response

• NPRM Identified no School Bus Driver Training Concerns

• NPRM Identified no School Bus Interstate Concerns

• NPRM Significantly Underestimated the Potential Number of Bus Drivers Affected

NASDPTS CDL Response• Exemplary Safety Record of School Buses• Existing Quality Training Programs that are

State/Local Specific• Many Districts/States provide CDL

Training/Testing• Potential Administrative Concerns with Differing

Levels of Drivers/Training

FTA Public Transit Policy Statement

• Clarified interpretation of school bus rule effective 9/16/2008• Public transit agencies must agree not to “engage in

school bus operations exclusively for the transportation of students and school personnel, in competition with private school bus operators.”

• Limited exceptions when no able school bus provider

FTA School Bus NPRM

• Expressly prohibits school bus operation by transit providers and contracting for school bus operations

• Eliminates most ‘‘tripper service’’• Defines ‘‘exclusively’’ as in policy statement

FTA School Bus NPRM

• NASDPTS commented in support of FTA proposal in February 2009

• FTA withdrew the rulemaking on June 26, 2009, probably to allow review by new administration

Homeless Education

• NASDPTS Letter to Sen. Edward Kennedy and Sen. Michael Enzi• Support of dedicated funding for the

transportation of homeless children

Homeless Education and ARRA

• McKinney-Vento: $70m• Can be used for transportation

• States must deploy to LEAs by June 17• Can be either distribution formula or

competitive grants

Future Federal Funding?

• Highway Bill up for reauthorization this year

• Highway Trust Fund running dry

• Big issue is how to continue funding highway and transportation projects

Safe Routes to School

• Also up for reauthorization this year• Proposal to expand SRTS to include safety

projects for students who walk to and from school bus stops

• NASDPTS submitted letter to SRTS National Partnership supporting bus stops provision

NHTSA “Soft Side” Projects

• NHTSA is renewing and updating its Driver Inservice Training Series

• New module on School Bus Evacuation

• Developing Guide for Selection of Safe School Bus Stops

• NASDPTS has provided assistance on both

2009 Capitol Hill Event

• Hosted by NSTA

• Derek Graham, Mike Simmons, Charlie Hood, Bob Riley represented NASDPTS

• Met with Congressional members, and FTA, NHTSA, EPA, TSA and its contractors, and NTSB

www.nasdpts.orgExecDir@nasdpts.org (Bob Riley,

Executive Director)Charlie.Hood@fldoe.org

Questions???