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.
1/20/2020| Reference Number : 110.2| Legal
, Human Resources
, School Bus
, Legislative/Regulatory | Pennsylvania
, U.S. Department of Labor
, Federal Motor Carrier Safety Administration
, Drug and Alcohol
, FMCSA Drug and Alcohol Clearinghouse
, Hours of Service
, Criminal Record
, Flexible Instruction Days
, Clean Slate Law |
On July 2, 2019, Governor Tom Wolf, signed SB 440 into law allowing Pennsylvania schools to have up to five “flexible instructional days” each year in place of face to face classroom time. This means that the number of days that require transportation to and from school could be reduced from the currently required 180 days. While
this may be a benefit to school districts, most school bus contracts are based on an anticipated 180 days of revenue. Eliminating five days of transportation could r...
The legal environment for the school bus industry was active in 2016. For a summary of the most talked about legal topics of the past year, contact RC Kelly Law Associates for our article titled "Legal Updates for School Bus Contractors The 2016 Year in Review"
1/20/2017| Reference Number : 83.0| Legal | Fair Labor Standards Act (FLSA)
, Pennsylvania Right to Know Law
, Walling Test
, Family Education Rights and Privacy Act (FERPA)
, Legal Updates
, House Bill 2274
, Nevada v US DOL
, Hurst v First Student Inc
, Hawkins and Fox43v Central Dauphin School District |
Recently, Pennsylvania state authorities have provided conflicting direction on whether school bus videos must be produced when a copy is requested by a parent or other third party. This article will discuss the conflicting positions and provide practical guidance for contractors.
There are several regulations that govern the transportation of students to and from school, including the general requirements of school buses (75 PA C S 4552), equipment and safety requirements for school buses (67 PA Code 171), and general requirements for other vehicles transporting school children (75 PA C S 4553). All school bus contractors must comply with these regulations as well as others. However, a recent case (CBM Ministries of S Cent Pa, Inc. v Pa DOT) implies that these requiremen...
Questions about the fairness of the contract negotiation process with a school district or school board are common - what matters must be discussed in open meetings, what information am I entitled to receive, and what can be done to reconcile a board member’s conflict of interest? This note will briefly discuss the Pennsylvania statues that deal with open meetings, the right to information, and the ethical issue of conflicts of interest.