INDEX: FLORIDA STUDENT TRANSPORTATION STATUTES AND RULES Revised June 25, 2015 Note: Index provided for informational purposes only. Index should not be used as a substitute for a comprehensive review of federal, state, and local statutes, rules and policies that might be applicable in a subject area. Statutes and rules can be found at www.flrules.org. Subject ADA, School District Exemption ADA, School Transportation Excluded Accident (Crash) Reporting (also see “Seating Charts”) Adult Transport Ag Trucks (agriscience education vehicles; also see “Vehicles, Acceptable for Use to Transport Students”) Allergies; Epinephrine, Self-administration (also see “Medication”) Alternate Fuels (including hybrid-diesel-electric powerbiodiesel, CNG, LPG) Anticipated Revenue to Purchase Buses (237 Loan) APA, Exemption from Attendance Zone Authority (also see “Transportation Across District Lines”) Auditing, DOE required to (also see "Monitoring” and “Enforcement of Laws/Rules”) Authority of School Bus Driver; Authority of Principal (for Transportation) Behavior of Students-Zero Tolerance-Rule, Victims’ Rights; Dating Violence and Abuse Policy Belt Cutters ABC Program (A Business-Community School Program; parents required to provide transportation) BFMP Reviews (Best Financial Management Practices reviews; also known as “Sharpening the Pencil Act”) Breastfeeding (Teenage Parent Program) Bus Stop Behavior Buses Simulating School Buses (also see “School Buses, Use by Other Organizations”) Buses, Other Use Statute (F.S.)/Rule (FAC) EXAMPLE: 1006.22, F.S., IS FLORIDA STATUTE 6A-3.0171, FAC, IS STATE BOARD OF EDUCATION RULE 49 CFR, Parts 37.21 and 37.3 49 CFR, Parts 37.21(a)(1) and 37.27(a) Rule 6A-3.0171(2)(g)3.p. and 6A3.0171(9)(b)1., FAC Section 1006.22(7), F.S. Section 1006.22, F.S. Section 1002.20(3), F.S. Rule 6A-3.037, FAC, Sections 206.02, 206.874, and 206.9951-206.998, F.S. Section 1011.14, F.S. Section 120.63, F.S. Section 1001.42(4), F.S. Section 1008.32, F.S. Sections 1003.31(1), 1006.09 and 1006.10, F.S. Sections 1006.13 and 1006.148, F.S. Rule 6A-3.0121, FAC; Rule 6A-3.0291, FAC (Florida School Bus Specifications) Section 1013.721, F.S. Section 1008.35, F.S. Section 383.015, F.S. Sections 1006.07(2), 1006.09(1)(b), and 1006.10(3), F.S. Section 316.72, F.S. Section 1006.21(3)(f), F.S. Index: Student Transportation Statutes and Rules Revised June 25, 2015 Page 1 of 8 Subject CDL (Commercial Driver License; residents/nonresidents license requirements; disqualification) CTD (Commission for Transportation Disadvantaged): see “Transportation Disadvantaged Program” Calendar (School Start Dates) Cell Phone Use (must be prohibited in district policy); also see “Distracted Driving” Charter Schools Charter Schools School Bus (DMV) Licensing Child Care Requirements (incl. caregiver ratio, transportation safety) Child Safety Seats Choice Schools; Choice of schools by parents Code of Conduct (Transportation component required, student consequences; also see “Discipline of Students”) Confidentiality (also see “Video Tapes on Buses”) Control of Property Criminal Background Checks, Fingerprinting; FDLE to Set Fees, Report Arrests of Employees; Districts to Report Employment Status and Changes (also see “Moral Turpitude, Definition of”) Crossing Guards Daycare Transportation Definitions (Florida School Code) Diabetes Exemption Discipline of Students: see “Authority of Bus Driver; Bus Stop Behavior; Code of Conduct; Throwing Objects From a Moving Bus; Felonies and Delinquent Acts” Disposal of Property (Surplusing, etc.) Distracted Driving, Prohibiting Texting and Cell Phone Use While Driving Div. of Motor Vehicles (DMV) Licensing DJJ (Dept. of Juvenile Justice) Programs Driver Education, High School Driver Curriculum Manual Driver License Points Not Affecting Ins. Driver Licensing: see "CDL" Drivers of School Buses (physical exams, training, licensure, other qualifications) Statute (F.S.)/Rule (FAC) EXAMPLE: 1006.22, F.S., IS FLORIDA STATUTE 6A-3.0171, FAC, IS STATE BOARD OF EDUCATION RULE 49 CFR, Part 383; Sections 322.01(33), 322.03(3)(a) and (b), 322.031(4), 322.57, 322.61, and 1012.45, F.S.; Chapter 15A-7, FAC Section 1001.42(4)(f), F.S., Rule 6A-3.0171(2)(e), FAC Sections 1001.02(q), 1002.33, and 1013.62, F.S. Section 320.10(1)(h), F.S. Section 402.305, F.S.; Chapter 65C-22, FAC Section 316.613, F.S. Section 1002.31, F.S. Section 1006.07(2), F.S. Section 1002.22(3)(d), F.S. Section 1001.42(2), F.S. Sections 1012.32(2), 1012.465, 1012.468, and 435.04, F.S.; Rule 6B-4.009(6), FAC Sections 316.1895, 316.75, and 318.21, F.S. See “Child Care Requirements” Section 1000.21, F.S. Section 316.302 (2)(j), F.S. Chapter 274 and Section 1013.28, F.S.; Chapter 60A-1, FAC Rule 6A-3.0171, FAC; Sections 316.305, 316.3025, and 322.27, F.S.; 49 CFR s. 392.80 and 392.82 Sections 320.60 to 320.70, F.S. Section 1003.52, F.S. Section 1003.48, F.S. Rule 6A-3.0141(4)(b), FAC Section 626.954(1)(d)4, F.S. Sections 1002.42(14), 1012.45, and 316.615, F.S.; Chapter 322, F.S.; Rules 6A-3.0141and 6A-3.0151, FAC Index: Student Transportation Statutes and Rules Revised June 25, 2015 Page 2 of 8 Subject Drivers, Rights to Continued Employment Driving History Checks, DHSMV Driving Violations, CDL Holders Must Report to Employer within 30 Days Drug and Alcohol Testing Required (Omnibus Transportation Employees Testing Act of 1991) Emergency Response Plans Emergency Vehicles Emergency, Use of School Buses in Enforcement of Laws/Rules (see also “Monitoring”) Epinephrine Use (see also “Kelsey Ryan Act”) ESE (exceptional student education) Transportation Evacuation Drills (of buses, principal’s responsibilities; also see “Field and Activity Trips”) Exceptional Students, Definition Facilities, Education Felonies and Delinquent Acts, required notice to drivers Field and Activity Trips, Evacuation Instructions Required Firearms (also see “Weapons”) Florida School for Deaf and Blind Fuel Taxes: see “Taxes, Motor Fuel” Funding, Transportation, FEFP Formula Funds for School Buses, Obligation of (237 Loan) Funds for Student Transportation (also see “Two Mill Tax Levy”) Funds, Borrowing (also see "Anticipated Revenue") Goals, State Education Graffiti (on vehicles, buildings) Greenhouse Gas Rulemaking Hazardous Walking Head Start Transportation Headlight Use Idling Reduction (reduced idling required) Home Rule Homeless Child, Definition and School Attendance Hours of Service Regulations, Districts Exempt from Index, General (School Buses) Inspection of Buses (roadside, FHP, FDOT, school district self-inspection, DOE authority) Statute (F.S.)/Rule (FAC) EXAMPLE: 1006.22, F.S., IS FLORIDA STATUTE 6A-3.0171, FAC, IS STATE BOARD OF EDUCATION RULE Section 1012.40, F.S. Rule 6A-3.0141(6),(7), FAC 49 CFR, Part 383.31 49 CFR, Part 382 Section 1006.07(4), F.S. Sections 316.072 and 316.126, F.S. Sections 252.38(1)(d) and 1006.07(4), F.S. Sections 1001.03 and 1008.32, F.S. Section 1002.20(3)(i), F.S. Rules 6A-1.0451 and 6A-3.0121, FAC Rule 6A-3.0171, FAC Rule 6A-6.0301, FAC Chapter 1013, F.S. Section 985.04(4)(b) and (c), F.S. Rule 6A-3.0171(2)(g)1.c., FAC Sections 790.115 and 1006.07(2)(j), F.S.; Rule 6A-3.0171, FAC Sections 1002.36, 1011.55, 1011.56, and 1011.57, F.S. Section 1011.68, F.S. Section 1011.14, F.S. Section 1011.68, F.S. Section 1011.14, F.S. Section 1000.03, F.S. Section 1013.22, F.S. See Heavy-Duty Vehicle Idling Reduction Sections 1002.20(22), 1006.21(3)(b), 1006.23, and 1011.68(1)(e), F.S. 45 CFR, Part 1310 Section 316.217, F.S. Rule 62-285.420, F.A.C. Section 1001.32(2), F.S. Sections 1003.01(12) and 1003.21(f), F.S.; also see federal No Child Left Behind Act 49 CFR, Part 390.3 See Florida School Laws Sections 1006.22(11) and 316.610, F.S.; Rule 6A-3.0171, FAC; Florida School Bus Safety Inspection Manual Index: Student Transportation Statutes and Rules Revised June 25, 2015 Page 3 of 8 Subject Instructions, Safety, for Parents, Students (districts must provide) Insurance, Protection Against Loss; PIP Intergovernmental Cooperation (for use of school buses) Inventory (School Bus Inventory) Kelsey Ryan Act (also see “epinephrine use”) Lab Schools Leasing (of School Buses) Leaving Children Unattended Loading/Unloading (also see "Pupil Warning Light Use") Loans to Purchase Buses: see "Anticipated Revenue" McKay Scholarships for Students with Disabilities McKinney-Vento Homeless Assistance Act Medication, Administering by District Personnel Mileage Reimbursement Rate Monitoring, DOE Required to Motor Vehicle Driving Records (MVRs): see “Driving History Checks” Moral Turpitude, Definition of (also see “Criminal Background Checks”) Nontransportation Zones (districts may establish) MyFloridaMarketPlace (state purchasing) National Uniform Driver Inspection Procedure, Penalty for Operating Vehicle Not in Compliance with No Child Left Behind Act (NCLBA) No Child Left on Bus (interior inspection of bus after each run) Non Public (private) Schools Non Public (private) Schools, Districts Authorized to Transport Private School Students (and vice versa) Nonpublic (private) Buses in School Zones Nonpublic (private) School Bus Requirements Occupant Restraint Systems (also see “Seat Belts”) Offenders, Zero Tolerance Crimes (restrictions, parent responsibilities regarding transportation) OPPAGA, Best Practices Reviews Opportunity Scholarships Statute (F.S.)/Rule (FAC) EXAMPLE: 1006.22, F.S., IS FLORIDA STATUTE 6A-3.0171, FAC, IS STATE BOARD OF EDUCATION RULE Rule 6A-3.0121, FAC Sections 1001.42(9)(d), 1006.24, 1006.261, 627.732, 627.733, 627.736, 627.7407, 627.742, F.S. Sections 163.01(6), 1003.02(1)(e), and 1006.261, F.S. Rule 6A-3.016(9)(b), FAC Section 1002.20(3)(i), F.S. Section 1002.32, F.S. Section 1011.71(2)(c), F.S. Section 316.6135, F.S. Sections 316.172, 318.18(5), 318.19, 322.0261, F.S.; Rule 6A-3.0141(4)(b), FAC; Basic School Bus Operator Curriculum, Unit VIII Section 1002.39, F.S. See No Child Left Behind Act (Section 721) Section 1006.062, F.S.; Chapter 64F-6, FAC Section 112.061, F.S. Section 1008.32, F.S. Rule 6B-4.009(6), FAC Section 1006.22, F.S. Section 287.057(23), F.S.; Rules 60A-1.030 to 1.032, FAC Section 316.3025, F.S. Federal: Public Law 107-110 Rule 6A-3.0171 (2)(g)3.z., FAC Section 1002.42, F.S. Section 316.6146, F.S. Section 316.615 (5), F.S. Section 316.615, F.S. Sections 316.6145 and 1006.25(4), F.S. Section 1006.13(5)(a)-(c), F.S. Section 1008.35, F.S. Section 1002.38, F.S. Index: Student Transportation Statutes and Rules Revised June 25, 2015 Page 4 of 8 Subject OTETA: see “Drug and Alcohol Testing” Parental Responsibilities (to and from bus stop, school) Passing of Stopped School Buses (also see "Stops and Stopping Procedures") Physical Examinations, Bus Drivers Physical Examinations, Technicians Exempt From (including diabetes restrictions) Physically Handicapped, Definition Psychotropic Medication Pool Purchase Program (also see “MyFloridaMarketPlace”) Post-trip Inspection by Bus Operators (for unattended students) Pre-K; also see “School Readiness” and “Voluntary Prekindergarten Program (VPK)” Pre-K Disabled Private School Buses: see "Nonpublic" Private Vehicle Transport (including Handicapped or Isolated) Public Records, Inspection of Public Schools, Definition Pupil Warning Light Use (also see “Stops and Stop Procedures”) Purchase, Pool Purchase Program (also see “MyFloridaMarketplace” and “Purchasing, Emergency”) Purchasing (by school boards) Purchasing, Emergency Purchasing of School Buses, Obligations across Budget Years Purchasing of School Buses by Private Schools (from FDOE bid) Purchasing Policies Purchasing Statutes and Rules Purchasing, Alternative Procedures for Purchasing, Ceiling Price Requirement (for buses) Reasonable Walking Distance Records and Reports (required from district) Records Retention Rule Right of Privacy Statute (F.S.)/Rule (FAC) EXAMPLE: 1006.22, F.S., IS FLORIDA STATUTE 6A-3.0171, FAC, IS STATE BOARD OF EDUCATION RULE Rule 6A-3.0121(2)(c)(1), FAC Sections 316.172, 318.18(5), 318.19, 322.0261, 322.27(3)(d), F.S.; Rule 6A3.0171(2)(e)3k, FAC Section 1012.45, F.S.; Rules 6A-3.0141 and 6A-3.0151, FAC Title 49 CFR, Part 390.3; Section 316.302, F.S. Rule 6A-1.0451, FAC Section 1006.0625, F.S. Section 1006.27, F.S.; Rule 6A-1.013, FAC Rule 6A-3.0171(2)(g)3.z., FAC Section 411.01, F.S. Section 1003.21(1)(e), F.S. Sections 1002.20(22)(c), 1006.22, and 1011.68(5), F.S. Section 119.07, F.S. Section 1004.04, F.S. Section 316.172, F.S. Sections 1002.42(15) and 1006.27, F.S. Rule 6A-1.012, FAC Section 287.057(5)(a), F.S.; Rule 60A-1.046, FAC Section 1011.14, F.S. Section 1002.42(15), F.S. Rules 6A-1.012 and 6A-1.013, FAC Chapter 287, F.S.; Chapter 60A-1 and Rule 6A-1.012, FAC Section 1010.04(4), F.S. Section 1011.68(4), F.S.; Rule 6A-3.006, FAC Rule 6A-3.001(3), FAC Section 1002.51(12)(b), F.S. Rule 6A-1.0955, 6A-1.04513,FAC Section 1002.22(3)(d), F.S. Index: Student Transportation Statutes and Rules Revised June 25, 2015 Page 5 of 8 Subject Rights of Students, Parents Route Duration Limitation (also see “Time on Board”) Routes, School Bus, Requirements RR Tracks, Obedience to Traffic Control Devices RR Tracks, Stopped School Buses at Rule-Making Authority Rules-Legislature shall review Safe Driver Plans Required Safe Paths to Schools Safe Schools/Juvenile Justice Act Safety and Security Best Practices School Board Responsibility: see "Transported Students" School Bus Inventory (see also Inventory) School Buses, Height and Width Exemption School Buses, Use by Other Organizations School Crossing Guards: see "Crossing Guards" School Readiness; also see “Pre-K” and “Voluntary PreKindergarten Program (VPK)” School Site Traffic Control and Hazards School Site and Traffic (Loading & Unloading) School Site, Separation of Traffic (cars and buses) School Start Dates: see “Calendar” School Support Personnel; definition of; Trans expenses as “support expenses” School Zone Signage Requirements School Speed Zones, Police to Inspect Periodically Seat Belts (lap belts) on School Buses, Equipment and Usage Requirements (also see “Occupant Restraints) Seat Belt Cutters: see "Belt Cutters" Seat Belts, Use by Employees, School Bus Driver Seating Charts (must be prescribed by bus operators) Sexual Offenders Near Schools, Stops Sharpening the Pencil Act (Best Financial Management Practices) Sidewalk Repairs Required Smoking prohibited on Buses (Clean Indoor Air Act) Statute (F.S.)/Rule (FAC) EXAMPLE: 1006.22, F.S., IS FLORIDA STATUTE 6A-3.0171, FAC, IS STATE BOARD OF EDUCATION RULE Section 1002.22, F.S. Rule 6A-3.0171(6), FAC Sections 1006.21 and 1006.22, F.S.; Rules 6A-3.001, 6A-3.0121, and 6A-3.0171, FAC Section 316.1575, F.S. Title 49 CFR, Part 392, Subpart B; Section 316.159, F.S.; Rule 6A-3.0171, FAC; Basic School Bus Operator Curriculum Sections 1001.02(1) and 1006.21, F.S. Section 120.545, F.S. Rule 6A-3.0141, FAC Section 335.066, F.S. Sections 1006.07, 1006.08, 1006.09, F.S. Section 1006.07(6), F.S. Rule 6A-3.016(9)(b), FAC Section 316.615(9), F.S. Section 316.72, F.S. Section 411.01, F.S. Section 1013.36(4), F.S. Rule 6A-2.0010, FAC; State Requirements for Educational Facilities (SREF), Chapter 5, Section 5.3 Rule 6A-2.0010, FAC; SREF, Section 5.3(2)(c)3.b. Section 1010.215, F.S. Section 316.1895, F.S. Section 316.1895, F.S. Sections 316.6145 and 1006.25, F.S.; Rule 6A-3.0291, FAC; Florida School Bus Specifications Rules 60B-1.012 and 6A-3.0171, FAC Rule 6A-3.0171(2)(g)3.d., FAC Section 947.1405, F.S. Section 1008.35, F.S. Section 1013.36(5), F.S. Section 386.207, F.S.; Rule 6A-3.0171, FAC Index: Student Transportation Statutes and Rules Revised June 25, 2015 Page 6 of 8 Subject Specifications for School Buses Speed Limits for School Buses Stops for School Buses (also see “Stops and Stopping Procedures”) Stops and Stopping Procedures, Sight Distance Required (also see “Pupil Warning Light Use”) Strobe Lights, White Student Transportation Funding Superintendent or Designee on MPO Surplus Property, Selling of Buses (also see “Disposal of Property”) Survey Dates, Alternative Tags, Permanent, Motor Vehicle Tax, Motor Fuel (dyed fuels exemption for school buses) Tax, Pollutant (motor fuels, oils, batteries, solvent) Teenage Parent (TAP) Program (also see “Breastfeeding”) Telephone Procedures, State Government Texting, Prohibited While Driving (see “Distracted Driving”) Throwing Objects From a Moving Bus (civil law) Time on Board (also see “Route Duration”) Traffic Hazards (reporting and correction) Transportation Across District Lines (also see "Attendance Zone Authority") Transportation Disadvantaged Program Transportation, Required; Transported Students, School Board Responsibility Trespassing (on school buses and property) Two Mile Limit: see “Funding” Two Mill Tax Levy for Bus Replacement Unattended Children (left in vehicles; also see “Specifications for School Buses”) Idling, Unnecessary (in the vicinity of students) Vans, Prohibition on Sale or Lease; prohibition of use Vehicles, Acceptable for Use to Transport Students Statute (F.S.)/Rule (FAC) EXAMPLE: 1006.22, F.S., IS FLORIDA STATUTE 6A-3.0171, FAC, IS STATE BOARD OF EDUCATION RULE Section 1006.25, F.S.; Rule 6A-3.0291, FAC; Florida School Bus Specifications (various years) Section 316.183(2), F.S.; Rule 6A3.0171(2)(e)3.r., FAC Section 1006.22(12)(c), F.S. Sections 316.172, 318.18(5), 318.19, F.S.; Rule 6A-3.0141(4)(b), FAC; Basic School Bus Operator Curriculum, Unit VIII Section 316.2397, F.S. Section 1011.68, F.S.; Rule 6A-1.0451, FAC Section 339.179, F.S. Sections 274.05, 274.06, 1002.33(18)(e), 1013.28, F.S. Rule 6A-1.0451(2), FAC Section 320.0655, F.S. Section 206.874, F.S. Sections 206.9925 and 206.9935, F.S. Section 1003.54, F.S.; Rule 6A-6.0525, FAC Section 110.1082, F.S. Sections 790.19 and 806.13, F.S. Rule 6A-3.0171(6), FAC Section 1013.36(5), F.S. Section 1001.42(4), F.S.; Rule 6A-3.001, FAC Chapter 427 and Section 1006.261, F.S. Sections 1001.42(10), 1002.20(22), 1003.31, and 1006.21, F.S. Sections 810.095, 810.097, and 810.08, F.S. Sections 200.065(9)(a) and 1011.71(2)(c), F.S. Section 316.6135, F.S. Rule 6A-3.0171(2)(f), FAC Title 49 CFR, Part 571; United States Code 30112; Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU), Public Law 109–59, August 10, 2005. Section 1006.22, F.S. Index: Student Transportation Statutes and Rules Revised June 25, 2015 Page 7 of 8 Subject Victims of Zero Tolerance Crimes (and siblings of victims) Video Tapes on Buses, Educational Records (also see “Confidentiality”) Voluntary Pre-kindergarten (VPK); also see “Pre-K” and “School Readiness” Vouchers (also see "Opportunity Scholarships") Waiver Authority, in Emergencies Weapons (also see “Firearms”) Windshield Obstructions Zero Tolerance for Crime and Victimization Statute (F.S.)/Rule (FAC) EXAMPLE: 1006.22, F.S., IS FLORIDA STATUTE 6A-3.0171, FAC, IS STATE BOARD OF EDUCATION RULE Section 1006.13(5)(a)(b)(c), F.S. Section 1002.22(1)(c), F.S. Chapter 1002, F.S. (also http://www.fldoe.org/earlylearning/pdf/vpkstatutes-rules.pdf) Section 1002.38, F.S. Section 252.46, F.S. Sections 790.115, 790.053, 790.06 (1)(2), 1006.07(2)(j), F.S. Section 316.2952, F.S. Section 1006.13(5), F.S. Index: Student Transportation Statutes and Rules Revised June 25, 2015 Page 8 of 8