Requires school bus drivers and school bus aides to call 911 emergency line in potential life-threatening emergencies; requires certain school buses transporting students with disabilities to be equipped with certain safety features.*
What changed between versions
Throughout the bill, 'school bus personnel' (defined as drivers, aides, AND any other individual responsible for student safety) is replaced with just 'school bus drivers and school bus aides.' The definition of 'school bus personnel' is struck entirely. This narrows who must call 911, who can be penalized, and who must complete training.
Regulatory rulemaking authority is shifted from the Commissioner of Education to the State Board of Education in both the general regulations section and the equipment installation rules section.
The training requirement for recognizing life-threatening emergencies on buses transporting students with disabilities is broadened to apply to all school buses (the limitation 'transporting one or more students with disabilities' is struck), though the personnel covered is simultaneously narrowed to just drivers and aides.
Civil penalties for violating the 911 calling requirement are reduced: first offense from $5,000 to $2,500, second offense from $10,000 to $5,000, and third/subsequent offenses from $25,000 to $10,000.
New due process protections added: notice and opportunity for a hearing before penalties are imposed; right to representation by a union representative or legal counsel during investigation and hearing; burden of proof placed on the department; affirmative defense that the driver or aide acted reasonably and in good faith based on the totality of circumstances.
The separate provision in section 9 (P.L.1999, c.5) that extended fines to boards or contractors who assigned school bus aides or other personnel without proper training is struck. Instead, the main assignment requirement now explicitly includes 'or as a school bus aide.'
New protection: a driver or aide found to have violated the 911 requirement due to the employer's failure to administer required training shall not be subject to loss of employment.
New item (8) added to the safety education program: understanding behaviors or signs that may indicate a potential life-threatening emergency is occurring on a school bus.
New subsection requiring drivers and aides to file a certification of training completion within five days, with copies forwarded through boards of education to the Department of Education.
Definition of 'potential life-threatening emergency' changed from 'a student with disabilities' to 'a student with a disability' (singular form).
