Legal Focus

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 ...

The school bus driver shortage has become a nationwide issue that has even resulted in some schools canceling instructional days. All school bus contractors have been faced with this issue and regularly struggle with keeping drivers behind the wheel. Operators have tried bonus programs, referral programs, and free CDL training. Despite these efforts, the driver shortage continues. Following is a novel approach that could provide some relief by removing a common barrier to entry that discourages ...

Despite the National Highway Traffic Safety Administration’s (NHTSA) continued position that “the school bus is the safest vehicle on the road”, in 2019 the school bus industry has been the focus of increased attention from lawmakers and regulators. Following is a brief discussion of the evolving state and federal laws from the past year that matter most to Pennsylvania’s school bus contractors.

The FMCSA is considering changes to its Hours of Service rules, some of which will have an effect on the school bus industry. Shortly after the Federal Motor Carrier Safety Administration (“FMCSA”) instituted Electronic Logging Devices (“ELDs”) to record hours of service, it received notice of additional changes which are desired by those who were affected. On August 22, 2019, the FMCSA issued a Notice of Proposed Rulemaking with changes that FMCSA is now proposing to the hours of service re...