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EDU-27-11-00010-EP School Bus Driver Training and School Bus Idling Monitoring and Reporting
7/6/11 N.Y. St. Reg. EDU-27-11-00010-EP
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 27
July 06, 2011
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. EDU-27-11-00010-EP
Filing No. 562
Filing Date. Jun. 21, 2011
Effective Date. Jun. 21, 2011
School Bus Driver Training and School Bus Idling Monitoring and Reporting
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Amendment of section 156.3(b) and (h) of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 305(1), (2), (20), 3624(not subdivided) and 3637(1), (2) and (3)
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The proposed amendment will reduce costs and provide mandate relief to school districts.
The proposed amendment of section 156.3(b)(5)(iii) will provide mandate relief to school districts and afford greater flexibility to school bus drivers to complete required semi-annual school bus driver safety training, by allowing the training to be scheduled coincidental with other professional development days scheduled during the year.
In addition, the proposed amendment to section 156.3(h)(5) will provide mandate relief to school districts by repealing requirements that each school district monitor compliance with school bus idling restrictions at least twice a year, and prepare, retain and submit written reports of such reviews. The proposed amendment ensures student safety in that it will still require each school district to periodically monitor compliance with school bus idling restrictions.
Because the Board of Regents meets at fixed intervals, the earliest the proposed amendments could be adopted, pursuant to the requirements of the State Administrative Procedure Act, is the September 12-13, 2011 Regents meeting, and the earliest an adoption at such meeting could be made effective would be October 5, 2011.
The proposed amendment is being adopted as an emergency measure upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to provide immediate mandate relief to school districts and allow them to preserve critical programs, by permitting increased flexibility in the scheduling of school bus driver safety training and eliminating unnecessary monitoring and reporting requirements, so that school districts may immediately make changes in their 2011-2012 budgets and timely prepare and issue their tax levies in July 2011.
It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at their September 12-13, 2011 meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act.
Subject:
School bus driver training and school bus idling monitoring and reporting.
Purpose:
Provide mandate relief through increased scheduling flexibility and by repealing certain monitoring/reporting requirements.
Text of emergency/proposed rule:
1. Subparagraph (iii) of paragraph (5) of subdivision (b) of section 156.3 of the Regulations of the Commissioner of Education is amended, effective June 21, 2011, as follows:
(iii) All school bus drivers shall receive a minimum of two hours of refresher instruction in school bus safety at least two times a year, at sessions conducted between July 1st and [the first day of school] October 31 and between December 1st and [March] May 1st of each school year. Refresher courses for drivers of vehicles transporting pupils with disabilities exclusively shall also include instruction relating to the special needs of a pupil with a disability.
2. Paragraph (5) of subdivision (h) of section 156.3 is amended, effective June 21, 2011, as follows:
(5) Monitoring and reports. Each school district shall periodically [but at least semi-annually] monitor compliance with the provisions of this subdivision by school bus drivers and drivers of vehicles owned, leased or contracted for by such school district. [Each school district shall prepare a written report of such review, which shall describe the actions taken to review compliance and the degree of adherence found with the provisions of this subdivision. Copies of the report shall be retained in the school district's files for a period of six years and made available upon request. The commissioner may also require specific school districts to provide additional information as necessary to address health concerns related to their compliance with the provisions of this subdivision.]
This notice is intended:
To serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire September 18, 2011.
Text of rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 473-8296, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Valerie Grey, State Education Department, Office of P-12 Education, State Education Building, Room 125, 89 Washington Ave., Albany, NY 12234, (518) 473-8381, email: NYSEDP12@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 207 empowers the Regents and Commissioner of Education to adopt rules and regulations to carry out State education laws and functions and duties conferred on the Education Department by law.
Education Law section 305(1) and (2) provide the Commissioner, as chief executive officer of the State education system, with general supervision over schools and institutions subject to the provisions of education law, and responsibility for executing Regents policies. Section 305(20) authorizes the Commissioner with such powers and duties as are charged by the Regents.
Education Law section 3624 authorizes the Commissioner of Education to establish and define qualifications of school bus drivers and to make rules and regulations governing the operation of transportation facilities used by pupils. Such rules and regulations shall include acts or conduct which would affect the safe operation of such transportation facilities.
Education Law section 3637 directs the Commissioner to promulgate regulations requiring school districts to minimize, to the extent practicable, the idling of the engine of any school bus and other vehicles owned or leased by the school district while such bus or vehicle is parked or standing on school grounds, or in front of any school.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment carries out the legislative objectives in the aforementioned statutes to prescribe qualifications for school bus drivers and ensure the health and safety of students and pupil transportation.
3. NEEDS AND BENEFITS:
The proposed amendment of section 156.3(b)(5)(iii) will provide mandate relief to school districts and afford greater flexibility to school bus drivers to complete required semi-annual school bus driver safety training, by allowing the training to be scheduled coincidental with other professional development days scheduled during the year. The proposed amendment is in response to comments from school districts and vendor School Bus Driver Instructors (SBDIs) and Master Instructors (MIs) that that the training schedule needs to allow for cost effective and timely semi-annual training for school bus drivers.
In addition, the proposed amendment to section 156.3(h)(5) will provide mandate relief to school districts by repealing requirements that each school district monitor compliance with school bus idling restrictions at least twice a year, and prepare, retain and submit written reports of such reviews. The proposed amendment ensures student safety in that it will still require each school district to periodically monitor compliance with school bus idling restrictions. The proposed amendment is in response to comments to provide more flexibility to school districts to monitor and report compliance with the rule's provisions.
4. COSTS:
a. Costs to State government: None.
b. Costs to local governments: None.
c. Costs to regulated parties: None.
d. Costs to the State Education Department: None.
The proposed amendment will reduce costs and provide mandate relief to school districts by allowing school bus driver safety training to be scheduled coincidental with other professional development days and thus relieve school districts of the additional expense in requiring bus drivers to attend mandatory trainings on days when they are not otherwise required to be at work. The proposed amendment will also provide mandate relief and cost savings to school districts by repealing the requirement that they perform semi-annual monitoring of compliance with school bus idling restrictions and prepare, retain and submit reports of such reviews.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment provides mandate relief by providing greater flexibility in the scheduling of school bus driver safety training, and repealing requirements for semi-annual monitoring of compliance with school bus idling restrictions and the preparation, retention and submission of reports of such reviews.
6. PAPERWORK:
The proposed amendment does not impose any additional reporting or other paperwork requirements. The proposed amendment will reduce paperwork requirements to school districts in that it will provide them with mandate relief by removing the requirement to submit to the State Education Department semi-annual reports on compliance with school bus idling restrictions.
7. DUPLICATION:
The proposed amendment does not duplicate, overlap or conflict with any other State or federal statute or regulation.
8. ALTERNATIVES:
There are no significant alternatives and none were considered. The proposed amendment is intended to provide cost saving measures and mandate relief to school districts by amending semi-annual safety training for school bus drivers to coordinate with school calendars and by amending unnecessary monitoring and reporting requirements.
9. FEDERAL STANDARDS:
The proposed amendment does not exceed any minimum federal standards.
10. COMPLIANCE SCHEDULE:
We do not anticipate any difficulty for school districts to comply with the proposed rule by its effective date. The proposed amendment is intended to provide cost saving measures and mandate relief to school districts by amending semi-annual safety training for school bus drivers to coordinate with school calendars and by amending unnecessary monitoring and reporting requirements.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment provides mandate relief to school districts, with respect to school bus driver safety instruction and monitoring of school bus idling restrictions, and does not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no affirmative steps are needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
Local Governments:
1. EFFECT OF RULE:
The proposed amendment applies to all public school districts in the State.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment does not impose any additional compliance requirements on school districts. The proposed amendment of section 156.3(b)(5)(iii) will provide mandate relief to school districts and afford greater flexibility to school bus drivers to complete required semi-annual school bus driver safety training, by allowing the training to be scheduled coincidental with other professional development days scheduled during the year.
In addition, the proposed amendment to section 156.3(h)(5) will provide mandate relief to school districts by repealing requirements that each school district monitor compliance with school bus idling restrictions at least twice a year, and prepare, retain and submit written reports of such reviews. The proposed amendment ensures student safety in that it will still require each school district to periodically monitor compliance with school bus idling restrictions.
3. PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional service requirements on school districts.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any compliance costs, and will reduce costs and provide mandate relief to school districts by allowing school bus driver safety training to be scheduled coincidental with other professional development days and thus relieve school districts of the additional expense in requiring bus drivers to attend mandatory trainings on days when they are not otherwise required to be at work. The proposed amendment will also provide mandate relief and cost savings to school districts by repealing the requirement that they perform semi-annual monitoring of compliance with school bus idling restrictions and prepare, retain and submit reports of such reviews.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements. Economic feasibility is addressed above under compliance costs.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs, and will reduce costs and provide mandate relief to school districts by allowing school bus driver safety training to be scheduled coincidental with other professional development days and thus relieve school districts of the additional expense in requiring bus drivers to attend mandatory trainings on days when they are not otherwise required to be at work. The proposed amendment will also provide mandate relief and cost savings to school districts by repealing the requirement that they perform semi-annual monitoring of compliance with school bus idling restrictions and prepare, retain and submit reports of such reviews.
The proposed amendment to section 156.3(b)(5)(iii) is in response to comments from school districts and vendor School Bus Driver Instructors (SBDIs) and Master Instructors (MIs) that that the training schedule needs to allow for cost effective and timely semi-annual training for school bus drivers. The proposed amendment to section 156.3(h) is in response to comments to provide more flexibility to school districts to monitor and report compliance with the rule's provisions.
7. LOCAL GOVERNMENT PARTICIPATION:
Copies of the proposed amendment have been provided to District Superintendents for distribution to school districts within their supervisory districts for review and comment.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:
The proposed amendment will apply to all public school districts, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with population density of 150 per square miles or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional compliance requirements on rural areas. The proposed amendment of section 156.3(b)(5)(iii) will provide mandate relief to school districts and afford greater flexibility to school bus drivers to complete required semi-annual school bus driver safety training, by allowing the training to be scheduled coincidental with other professional development days scheduled during the year.
In addition, the proposed amendment to section 156.3(h)(5) will provide mandate relief to school districts by repealing requirements that each school district monitor compliance with school bus idling restrictions at least twice a year, and prepare, retain and submit written reports of such reviews. The proposed amendment ensures student safety in that it will still require each school district to periodically monitor compliance with school bus idling restrictions.
The proposed amendment does not impose any additional professional service requirements on rural areas.
3. COSTS:
The proposed amendment does not impose any compliance costs, and will reduce costs and provide mandate relief to school districts by allowing school bus driver safety training to be scheduled coincidental with other professional development days and thus relieve school districts of the additional expense in requiring bus drivers to attend mandatory trainings on days when they are not otherwise required to be at work. The proposed amendment will also provide mandate relief and cost savings to school districts by repealing the requirement that they perform semi-annual monitoring of compliance with school bus idling restrictions and prepare, retain and submit reports of such reviews.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs, andwill reduce costs and provide mandate relief to school districts in rural areas by allowing school bus driver safety training to be scheduled coincidental with other professional development days and thus relieve school districts of the additional expense in requiring bus drivers to attend mandatory trainings on days when they are not otherwise required to be at work. The proposed amendment will also provide mandate relief and cost savings to school districts by repealing the requirement that they perform semi-annual monitoring of compliance with school bus idling restrictions and prepare, retain and submit reports of such reviews.
The proposed amendment to section 156.3(b)(5)(iii) is in response to comments from school districts and vendor School Bus Driver Instructors (SBDIs) and Master Instructors (MIs) that that the training schedule needs to allow for cost effective and timely semi-annual training for school bus drivers. The proposed amendment to section 156.3(h) is in response to comments to provide more flexibility to school districts to monitor and report compliance with the rule's provisions.
5. RURAL AREA PARTICIPATION:
Copies of the proposed amendment were provided to the Department's Rural Education Advisory Committee, which includes representatives of school districts in rural areas.
Job Impact Statement
The proposed amendment provides mandate relief to school districts, with respect to school bus driver safety instruction and monitoring of school bus idling restrictions, and will not have a substantial impact on jobs and employment opportunities. Because it is evident from the nature of the amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.
