WSR 18-12-068
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed June 1, 2018, 12:57 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-09-095.
Title of Rule and Other Identifying Information: Chapter 392-145 WAC, Transportation—Operation rules.
Hearing Location(s): On July 19, 2018, at 2:00 p.m., at the Office of Superintendent of Public Instruction (OSPI), 600 South Washington Street, Olympia, WA 98501.
Date of Intended Adoption: July 23, 2018.
Submit Written Comments to: Glenn Gorton, Director, Student Transportation, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, email glenn.gorton@k12.wa.us, fax 360-753-4201, by July 19, 2018.
Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-754-4201, TTY 360-664-3631, email Kristin.murphy@k12.wa.us, by July 12, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: OSPI is proposing two technical revisions to chapter 392-145 WAC for better clarification of procedures. The first revision is related to low visibility bus stops and would remove "state patrol" because the local jurisdiction's road/traffic engineering department is responsible for placement of road signs. The Washington state patrol does not review road signs and locations on local roads. The second revision is related to bus driver procedures and would remove "parking" when describing applying brakes because other types of brakes need to be set, depending on bus manufacturer, in addition to the parking brake when loading/unloading passengers.
Reasons Supporting Proposal: Both brief technical revisions are intended to clarify procedures related [to] student transportation operations.
Statutory Authority for Adoption: RCW 46.61.380.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting and Implementation: Glenn Gorton, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, 360-725-6121; and Enforcement: Lisa Dawn-Fisher, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, 360-725-6292.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.030.
Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).
June 1, 2018
Chris P. S. Reykdal
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 07-05-058, filed 2/20/07, effective 11/1/07)
WAC 392-145-011 School district requirements.
All school districts shall comply with the following requirements:
(1) The provisions of this chapter shall be incorporated by express reference into all school district contracts for the transportation of students in privately owned and operated school buses. Every school district, its officers and employees, and every person employed under contract or otherwise by a school district shall be subject to the provisions of this chapter.
(2) School district boards of directors shall adopt written policies or rules for passengers riding school buses not inconsistent with applicable state law and rules. A copy of these policies or rules shall be provided to each student who is scheduled to ride the school bus.
(3) Every school bus driver shall be provided a copy of and shall be thoroughly familiar with all state and local rules and regulations pertaining to the operation of a school bus.
(4) School bus drivers shall be provided a copy of and training in school district rules and regulations pertaining to bullying, harassment, and for reporting sexual misconduct allegations.
(5) On highways divided into separate roadways as provided in RCW 46.61.150 and highways with three or more marked traffic lanes, school districts shall design bus routes that serve each side of the highway so that students do not have to cross the highway, unless there is a traffic control signal as defined in RCW 46.04.600 or an adult crossing guard within three hundred feet of the bus stop to assist students while crossing such multiple-lane highways.
(6) No school bus stop shall be located on a curve or a hill where visibility is not at least five hundred feet. If it is impossible to secure a distance of at least five hundred feet of visibility for a school bus stop, the school authorities, ((the state patrol,)) and the traffic engineering department of the jurisdiction responsible for the roadway shall be advised and the stop shall be changed or proper signs installed.
AMENDATORY SECTION (Amending WSR 16-10-114, filed 5/4/16, effective 9/1/16)
WAC 392-145-060 Loading and unloading procedures.
The following procedures are required to assure maximum student safety:
(1) A school bus driver shall not order or allow a student to depart the school bus other than at his or her regular stop unless permission is first obtained in accordance with district policy.
(2) School bus drivers shall pick up only the students and persons designated by an authorized school district administrator.
(3) School bus drivers shall have the primary responsibility for the safety of passengers while they are boarding the school bus, while they are on the school bus, and while they are disembarking the school bus and crossing the roadway. If passengers must cross the road, the driver shall make every reasonable effort to ensure that they cross safely and that they pass in front of the school bus and never behind the school bus. The driver shall likewise ensure that passengers boarding or disembarking from the school bus are within his/her view at all times.
(4) Prior to stopping the school bus on the roadway for the purpose of loading or unloading passengers, school bus drivers shall activate the alternating flashing amber lamps by means of a master sequencing switch. The driver shall activate the alternating flashing amber lamps:
(a) No less than one hundred feet and no more than three hundred feet from the school bus stop where the posted speed limit is thirty-five miles per hour or less; and
(b) No less than three hundred feet and no more than five hundred feet from the school bus stop where the posted speed limit is more than thirty-five miles per hour.
(5) No school bus shall pull over to the left-hand side of the road to load or unload passengers.
(6) The stop sign and alternately flashing red lamps shall be activated whenever a school bus is stopped on any portion of a traveled roadway to load or unload school children. Simultaneously flashing amber hazard lamps shall be activated whenever a school bus is stopped off the roadway to load or unload school children.
(7) Whenever school children have to cross the roadway, the school bus shall stop on the roadway and display the stop sign and alternately flashing red lamps. A school bus driver shall not allow school children to cross any roadway having three or more marked traffic lanes or any highway divided into separate roadways as provided in RCW 46.61.150.
(8) The stop sign and alternately flashing red lamps on a school bus shall not be used while the school bus is moving or to indicate that the school bus is going to stop.
(9) While loading and unloading passengers on a traveled portion of the roadway, the school bus driver shall activate the alternating flashing red lights by means of a sequencing switch prior to opening the passenger load door.
(10) The school bus driver shall set the ((parking)) brake and place the transmission in neutral or park prior to loading or unloading passengers. When it is possible, the school bus driver shall maintain light pressure on the service brake to activate the brake lamps when loading or unloading passengers.
(11) The school bus driver shall assure that all students are seated or secure prior to releasing the brake.
(12) In any case in which a school bus passes a stopped school bus which is loading and unloading students off the traveled portion of the roadway, the passing school bus shall reduce speed and proceed with caution.