Student Transportation Guidelines - ASCIP

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StudentTransportationGuidelinesAlthough field trip and excursion attendees have waived allclaims, Districts may be liable for non-supervision of studentsbecause there is no discretion not to supervise them.Version as of October123, P2015age

TABLE OF CONTENTSBACKGROUND . 3GOAL . 4INTRODUCTION . 4CHARTERED TRANSPORTATION SERVICES . 5SAMPLE DISTRICT DRIVER POLICY . 6SAMPLE MILEAGE REIMBURSEMENT. 8DMV PULL NOTICE PROGRAM . 8DMV RECORDS THROUGH ASCIP . 9SCHOOL BUS EMERGENCY PROCEDURES & PASSENGER SAFETY TRAINING. 10SAMPLE RISK MANAGEMENT GUIDELINES FOR NHTST TRANSPORTATION . 11USE OF PRIVATE VEHICLES – SAMPLE POLICY . 12PRIVATE VEHICLE PROOF OF INSURANCE . 13SCHOOL FIELD TRIP PROCEDURES AND RELATED . 13DEFINITION OF A FIELD TRIP13PROPOSED ACTIVITY14DATE OF REQUEST SUBMISSION14PARTICIPATION BY STUDENTS WITH DISABILITIES15TRAVEL INFORMATION16ITINERARY17SUPERVISION OF STUDENTS17EMERGENCY PROCEDURES17SPECIFIC FIELD TRIP PROCEDURES18SAMPLE DISTRICT POLICY – STUDENT TRANSPORTATION 1 . 19SAMPLE DISTRICT POLICY – STUDENT TRANSPORTATION 2 . 20SAMPLE DISTRICT POLICY – STUDENT TRANSPORTATION 3 . 21SAMPLE DISTRICT POLICY – STUDENT TRANSPORTATION 4 . 23SAMPLE DISTRICT POLICY – STUDENT TRANSPORTATION 5A . 24SAMPLE DISTRICT POLICY – STUDENT TRANSPORTATION 5B . 25SAMPLE DISTRICT POLICY – STUDENT TRANSPORTATION 5C . 24SAMPLE DISTRICT POLICY – STUDENT TRANSPORTATION 5D . 25SAMPLE DISTRICT POLICY – STUDENT TRANSPORTATION 6A . 29SAMPLE DISTRICT POLICY – STUDENT TRANSPORTATION 6B . 30SAMPLE DISTRICT POLICY – STUDENT TRANSPORTATION 7 . 31SAMPLE– FIELD TRIP ITINERARY . 322 Page

STUDENT TRANSPORTATIONGUIDELINESBACKGROUNDAll persons on field trips or excursions have waived all claims against K-12Districts.California Education Code Section 35330(d) states that “All persons making the field trip orexcursion shall be deemed to have waived all claims against the district, a charter school,or the State of California for injury, accident, illness, or death occurring during or by reasonof the field trip or excursion. All adults taking out-of-state field trips or excursions and allparents or guardians of pupils taking out-of-state field trips or excursions shall sign astatement waiving all claims.”All students transported to and from the school premises, on field trips orexcursions have waived all claims against Community College Districts unlessunder the immediate and direct supervision of an employee.California Education Code Section 87706 states that “Notwithstanding any other provisionof this code, no community college district, or any officer or employee of such district orboard shall be responsible or in any way liable for the conduct or safety of any student ofthe public schools at any time when such student is not in school property, unless suchdistrict has undertaken to provide transportation for such student to and from the schoolpremises, has undertaken a school-sponsored activity off the premises of such school, hasotherwise specifically assumed such responsibility or liability or has failed to exercisereasonable care under the circumstances. In the event of such a specific undertaking, thedistrict shall be liable or responsible for the conduct or safety of any student only while suchstudent is or should be under the immediate and direct supervision of an employee of suchdistrict or board.”Districts may be liable for non-supervision of students because there is nodiscretion not to supervise them.California Government Code Section 815.6 states that “Where a public entity is under amandatory duty imposed by an enactment that is designed to protect against the risk of aparticular kind of injury, the public entity is liable for an injury of that kind proximatelycaused by its failure to discharge the duty unless the public entity establishes that itexercised reasonable diligence to discharge the duty.”3 Page

GOALIn order to minimize potential harm to the District’s students, employees, and volunteerswhile seeking maximal educational opportunities for its students and reductions in theDistrict’s potential liability, these Student Transportation Guidelines provide standardizedprocedures for planning and conducting school field trips and other transportation types ina safe, fair, and orderly manner.INTRODUCTIONK-12 student transportation is generally categorized as Home-to-School Transportation(HTST) 1 is generally categorized as Home-to-School Transportation (HTST) 2 andNon-Home-to-School Transportation (NHTST 3 ).California school districts providetransportation between home and school (HTST) for about one in eight students. Theexact share of students transported by District varies notably across the state, with aboutone-quarter of Districts transporting less than 10 percent of their students and aboutone-tenth of districts, generally smaller and more rural, transporting more than half of theirstudents. Districts provide transportation for a variety of reasons, including concerns thatstudents lack alternative methods of getting to school as well as federal laws that requirecertain groups of students, including some students with disabilities, to be bused.And, every District has occasion for Non-Home-to-School Transportation (NHTST) for itsstudents.Such transportation involves field trips, athletic events, and similarextracurricular activities wherein transportation may be provided by District-owned fleets,contracted school bus services, or volunteer driver.Recognizing this, Districts have significant auto liability exposures. It is important to notethat the primary layer of liability coverage is the insurance which is on the vehicledriven. Therefore, when a permissive user 4 is driving a District vehicle, the District’sliability coverage will be primary. When a private vehicle is being driven, the primaryliability coverage will be that which is on the private vehicle and thus the District’s liabilitycoverage will be excess.1For Community College Districts only, there is no differentiation between NHTST andHTST for purposes of these Guidelines. ASCIP has also prepared guidelines for regular K-12school bus route HTS trip transportation entitled ASCIP School Bus Route and School Bus StopLocation Planning and Operating Guidelines.2ASCIP has also prepared guidelines for regular school bus route trip transportation entitledASCIP School Bus Route and School Bus Stop Location Planning and Operating Guidelines.3Most Non-Home-to-School Transportation (NHTST) can be categorized as forms of field triptransportation (which includes athletic events). For Community College Districts only, there is nodifferentiation between NHTST and HTST for purposes of these Guidelines.4In general, ASCIP would recommend that District’s permissive drivers be limited toproperly trained, licensed District employees.4 Page

Note: The District does not provide any collision or comprehensive coverage on privatevehicles. Collision coverage is intended for damage that results to a vehicle from strikinginto another vehicle or object. Comprehensive coverage is intended to cover for a loss dueto fire, theft, vandalism and other non-collision type of damage.It is recommended that the District have in place a transportation risk management policy.Such a policy may contain: Chartered transportation services District driver policy School bus emergency procedures and passenger safety training Guidelines for NHTST transportation Use of private vehicle policy “Proof of Insurance” for private vehicles Completion of appropriate vehicle use forms DMV records check, i.e., “pull notice program”, ASCIP’s driving record request service Adherence to education codes and vehicle codes Drug test requirements for employees (that drive school pupil transportation orcommercial vehicles).CHARTERED TRANSPORTATION SERVICESPERMITS AND LICENSESDistricts must ensure that all chartered transportation companies maintain in force licensesand permits as required by state law for furnishing the service and shall comply with andobserve all provisions of state law, including but not limited to provisions of the CaliforniaVehicle Code; the Education Code; and directives and regulations of the State Board ofEducation, and any other governmental agency, relative to the transportation of pupils.ASCIP recommends that an agreement or contract be executed with the company prior tothe services being rendered. Such agreements/contract should contain, but not limited to,the following insurance types and limits for chartered transportation services:INSURANCE REQUIREMENTSGeneral Liability Minimum limit of 5 million dollars ( 5,000,000) combined single limit.5 Page

Specify that its coverage is primary. Be underwritten by a carrier acceptable to the District with a rating of A or A Include the following coverage:1. Premises and operations;2. Contractual liability;3. Broad form property damage;4. Personal injury;5. Broad form liability endorsement;6. Sexual abuse Molestation Coverage.Automobile Liability Including coverage for owned, hired, and non-owned vehicles, in an amount of not lessthan 25 million dollars ( 25,000,000) combined single limit for each occurrence. 5Higher limits should be considered on transportation type and number of students.Workers’ Compensation Statutory workers' compensation insurance as required by law Employer’s Liability with a limit of 1,000,000 per occurrenceSAMPLE SAFE DRIVER PROGRAMEmployees [and other permissive drivers, if any,] shall participate in the District’s SafeDriver Program prior to authorization to use any vehicle for District business. The Districtshall refuse a permissive driver authorization to operate a vehicle on District business andbe reimbursed mileage if the individual is determined to be a negligent operator or fails tomaintain a valid California Class A, B, or C driver’s license based on the type of vehicledriven.The U.S. Department of Transportation. Federal Motor Carrier Safety Administration’s April 2014report entitled, Examining the Appropriateness of the Current Financial Responsibility and SecurityRequirements for Motor Carriers, Brokers, and Freight Forwarders – Report to Congress A ReportPursuant to Section 32104 of the Moving Ahead for Progress in the 21st Century Act (P.L. 112-141)indicates that a minimum of 20,000,000 may be appropriate. The Orland bus crash -bus-crash-feds-to-share-results-of-probe-of/ ).56 Page

DISTRICT DRIVER PROCEDUREAll employees who may be required to drive a vehicle while on District business shallparticipate in the Safe Driver Program. [All other permissive drivers, if any, who maybe allowed to drive a vehicle while on District business shall also participate in theSafe Driver Program.] The Safe Driver Program may be presented by a qualified districtemployee or a consultant. The employees [and other permissive drivers, if any,] shallparticipate in this program prior to receiving authorization to operate any vehicle for Districtbusiness.The program will include the following: Safe driving workshop, or Safe driving video including defensive driving techniques Question and answer periodAll employees [and other permissive drivers, if any,] drivers shall submit to the Districtthe following information: California driver’s license number Last name, first name, middle name or initial Current address with zip code Date of birthThe District will order a driver record history through the Department of Motor Vehicles,ASCIP’s Motor Vehicle Report Request or other similar programs. Each time a driver isconvicted of a moving traffic law violation, the court notifies the Department of MotorVehicles and the driver record will be updated accordingly. A record of the conviction isplaced in the employee’s driver’s license file at the District.The District shall refuse an employee authorization to operate a District vehicle if theindividual is determined to be negligent operator based on the employee’s DMV driverrecord or fails to maintain a valid California Class A, B, or C driver’s license as isappropriate to the driver’s vehicle.The District shall maintain a list of approved employees [and other permissive drivers, ifany,] who are authorized to operate District vehicles based on the type of vehicles drivenby each approved employee employees [or other permissive driver, if any],respectively.7 Page

SAMPLE MILEAGE REIMBURSEMENTThis information should be provided to those employees [and other permissivedrivers, if any,] who apply for reimbursement of mileage costs.The mileage reimbursement paid by the District covers all operating expenses on yourvehicle including, but not limited to, insurance, gas, oil, maintenance, and etc.If you drive your own vehicle while on District business and you are involved in an accident,your auto liability insurance policy is primary. The District liability coverage would beactivated only after your limits have been exhausted and the district is determined to beliable. The District does not cover collision or comprehensive coverage for your vehicle.If you are involved in an accident while on District business, you must contact yoursupervisor or primary District contact to report the accident.State law requires that vehicle owners meet a minimum financial responsibility. Thisrequirement is met by providing proof of automobile liability insurance or a bond.If you do not carry automobile liability insurance, you should immediately notify yoursupervisor or primary District contact. You may not use your vehicle for District businessuntil you have met the minimum requirements.DMV PULL NOTICE PROGRAMThe Department of Motor Vehicles has a program in which the District can automaticallyreceive driving records for specified employees [and other permissive drivers, if any.].This is a valuable tool for keeping track of the driving records of employees [and otherpermissive drivers, if any,] who regularly drive on District business. This program isreferred to as the Employee Pull Notice Program (EPN). The DMV will provide employee [and other permissive drivers, if any,] driving recordinformation to the District at no charge. Identify all employees [and other permissive drivers, if any,] who regularly drive avehicle on district business. Obtain a Governmental Requester Code Number. Complete the DMV request for each employee [and other permissive drivers, ifany.]. Mail the completed request to the Department of Motor Vehicles.8 Page

Any questionable driving records should be discussed with the appropriate DistrictAdministrator. Any driver who has a driver’s license or privilege suspended, revoked, or canceled byany state for any period, or who is disqualified from driving a commercial motor vehiclefor any period, shall notify District of the suspension, revocation, cancellation, ordisqualification, before the end of the business day following the action in accordancewith Vehicle Code Section 15224. Per 49 CFR 383.81, commercial drivers with any non-disqualifying traffic convictionshall notify District within 30 days following the conviction.DMV RECORDS THROUGH ASCIPIf desired, ASCIP will order DMV records on behalf of the members on a no-fee basis.ASCIP member Districts requesting Department of Motor Vehicle records informationthrough ASCIP should be aware of the following: Districts operating vehicles of a type requiring employees to have valid CommercialDriver’s Licenses (CDL) are required by law to participate in the California DMV PullNotice Program per the California Vehicle Code section 1808.1. All District drivers should be enrolled in the Pull Notice Program. All requests for DMV information through ASCIP, for employees, volunteers, or others,must be with the knowledge and consent of the individual whose driving recordinformation is being requested. No unauthorized dissemination of DMV records orother information is permitted.Ref: California Vehicle Code sections 1808.21,1808.45, 1808.46, and 1808.47. ASCIP shall not be responsible for any errors or omissions in the DMV recordinformation obtained at the request of an ASCIP member District. The interpretation and use of DMV information obtained through ASCIP is solely theresponsibility of the requesting District.Please refer to the ASCIP Motor Vehicle Report Request form at the end of theseGuidelines.9 Page

SCHOOL BUS EMERGENCY PROCEDURES AND PASSENGER SAFETY TRAININGEducation Code Section 39831.5 provides that all pupils riding in a school bus or schoolpupil activity bus must receive instruction in school bus procedure and passenger safety asfollows:At least once each school year, all pupils receiving home to school transportation shallreceive safety instruction, which includes, but is not limited to: Proper loading and unloading procedures Proper passenger conduct Bus evacuation Location of emergency equipment School bus evacuation drill through emergency exit doors Proper crossing of a street, highway or private roadThis training shall be documented each time the instruction is given as follows: Name of District or COE Name and location of the School Date of instruction Names of supervising adults Number of pupils participating Grade levels of pupils Subjects covered in the instruction Amount of time taken for instruction Bus driver’s name Bus number Additional remarksThe above information shall remain on file for one (1) year from the date of the instruction.Prior to departure on any school activity trip, all pupils and chaperones riding on a schoolbus or school pupil activity bus shall receive safety instruction, which includes, but is notlimited to:10 P a g e

Location of emergency exits Use of emergency equipmentSAMPLE RISK MANAGEMENT GUIDELINES FOR NHTST TRANSPORTATIONIn order to ensure the maximum safety of students, District employees, and otherindividuals who may be participating in field trips or other official District business requiringtransportation, and in order to mitigate the liability exposure of the District, the followingguidelines have been established to regulate transportation activities:It is the policy of the District to provide district vehicles and district drivers for official schoolactivities and business whenever it is possible to do so.When District-provided transportation is available, students are required to use thistransportation unless extraordinary conditions merit an exception. Exceptions shall bemade through a petition pr

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