Legal Focus

Since the start of the COVID-19 pandemic in early 2020, school districts nationwide have utilized some variation of both virtual and in-person instruction to mitigate the spread of COVID-19. While most school districts began the 2021-2022 school year in person, the Delta and Omicron COVID- 19 variants have forced some districts to once again consider temporarily closing school in favor of virtual instruction. School closure days have left many contractors wondering how they will be paid. To ensu...

At the start of the 2021-2022 school year, 25 states had issued some form of COVID vaccination mandate, while 12 other states issued COVID vaccination mandate bans. Then on November 4th, OSHA published its Emergency Temporary Standard (ETS) mandating COVID vaccinations for large employers, which was followed by a court ordered stay of enforcement issued on November 12th. As federal, state, and local government agencies continue to issue vaccination laws and policies, it is critical that contract...

School transportation contractors across the country advocated vigorously for economic relief specifically tailored to their industry. To address these concerns, Congress included The Coronavirus Economic Relief for Transportation Services Act (CERTS) as a part of the Consolidated Appropriations Act (CAA) of 2021, Subtitle B, Sec. 420, which was enacted into law on December 2021. CERTS makes available $2 billion in funds for grants to eligible school bus companies, motor coach companies, passeng...

On Nov. 25, 2020 Governor Wolf signed SB 1216/Act 136 which included language addressing school transportation subsidies for the 2020-2021 school year. The new law assures that Pennsylvania schools will receive a transportation subsidy payment from the Pennsylvania Department of Education equal to the amount allocated for the previous school year if the school pays their contracted transportation provider as if there were no COVID-19 interruptions in the 2020-2021 reduced school year minus varia...

Initiatives decided on November 3, 2020 by Arizona, New Jersey, Montana, South Dakota and Mississippi broadened state marijuana laws. There are now has 36 states and 4 territories with state laws permitting the medicinal and/or recreational use of marijuana. While federal law still prohibits marijuana and would normally control employment actions arising from marijuana, some recent federal courts have allowed state employment discrimination cases arising from drug test related employment termina...

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the Families First Coronavirus Response Act (FFCRA) are two new federal laws with important implications for school bus contractors. The CARES Act directs schools to continue paying school bus contractors during Coronavirus school closures, enhances existing unemployment compensation benefits, and makes loans and grants available to businesses during Coronavirus school closures. The Families First Act modifies the Family Medi...

Many contractors use school vehicles such as vans or multi-function school activity buses (MFSABs) to transport students. As public awareness of the dangers of illegal passing have increased, the roadway presence and proper operation of school vehicles that do not have stop arms and eight way lights have received increased scrutiny from schools, parents, police, and others. This article will discuss how to reconcile the often competing issues of public perception, legal compliance, and location ...