Msboa october 13

Volume 43 Issue 9 • October 2013

InsIde: new Money savIng MsBoa BeneFIT! Page 4.

OperatorThe

Communication BreakdownIt sounds clichéd, but this is the “Information Age”. Millions of messages are now part of our daily rou-tine. Since it is the beginning of the school year, it probably seems like billions of messages for schooltransportation staff.

The State Patrol and the Department of Education reported to the Stakeholder’s Group on September18th they are receiving many messages regarding over crowded busing and long routes. While we arefamiliar with the process and realize in the beginning of the year it takes time to smooth out routes, par-ents do not. They do not realize that it is not as simple as adding another bus to pick up their child.They do not realize that one new stop “just a couple of miles down the road” affects the other 70 stu-dents on the bus. They do not realize that safety concerns have to be addressed before a new stop canbe created and many options need to be weighed out before they can be implemented.

Sgt. Paul Davis believes parents are calling him because they feel like they are not being heard by thedispatchers or office staff when they originally make the complaints. Answers like, “We are working onit” or “We are aware of the issue” are not sufficient in the “Information Age”. Parents want to knowdetails. They want to know that corrective action is being taken. They want to know the time table.

Communication is not easy, especially when you are dealing with a parent that may be emotional, anx-ious or frustrated. They may not be listening, they may just be venting. It really is true, sometimes sleep-ing on it (or just time) helps. If it is not a critical issue, it may be beneficial to say something like, “I real-ly want to hear your concerns, could I call you back at X time?” This time frame can also give you timeto investigate or prepare the facts on your end. It only escalates the situation when parents are giveninformation that may be found to be incorrect later.

It is helpful to remember that apologizing is often a part of business, it doesn’t pay to get defensive, butyou need to apologize in the right way. Apologies are most effective when the offending parties acceptfull responsibility for their actions, explain why the situation happened, demonstrate how they're plan-ning to address the problem in the future, and offer, where appropriate, some form of reparation alongwith the apology. However, if you are in a situation where it may become a legal matter, for example anaccident, apologies may be construed as an admission of guilt.

I do not really have any words of wisdom or insight to giveyou in this last column that I write. This will be very short.

once again I would like to say Thank you to the members ofthe MSBoA for allowing me to serve on the Board of Directors for the last nine years.

I feel very fortunate to have served in various capacities on this Board and to have theexperiences that come with it. I have enjoyed working with the other Board Membersand with the Executive office during this time. I would like to say Thank you to Shellyand Shari for all that they do for our Association. Most of us do not realize the timeand effort that they put in to make sure that the MSBoA is running smoothly. I appre-ciate all of the Board Members for what they do and the time that they give up to helpmake our industry better.

As members of this Association, we have great resources at our fingertips such as, TheExecutive office if you have questions or concerns, our lobbyist Tom Keliher, our attor-ney Tom Revnew and I believe a great working relationship with The office of PupilTransportation Safety. These resources are there for you to utilize, so take advantageof them.

There will always be issues that confront our industry every year. I ask you to pleasebe active and to support our fine Association.

I look forward to seeing everyone at the Winter Conference in St. Paul.

until then, Keep it Safe and Remember to Keep a Smile!

Gaylen

2

BBOardOard OFOFddirecTOrsirecTOrs

JOHN BENJAMIN, NORTHFIELD

507.645.5720/fAX [email protected]

TOM BURR, ELk RIVER


ROBBIE ELLIOT, MOORHEAD


CONNIE GRISIM, STEWARTVILLE


DOUG GRISIM, LAkE CITY


TOM HEY, MARSHALL

507.532.4043 / fAX [email protected]

kEN INSELMANN, WILLMAR


SHELLY JONAS, ANNANDALE

320.274.8313 / fAX 274.8027

[email protected]

BRIAN kOCH, WACONIA


JIM kOONST, BELLE PLAINE


GAYLEN LENz, MADELIA

[email protected]

RUDY LUNDAHL, DULUTH


CHARLES PETERSON, JR., ANDOVER


GARRETT REGAN, FARIBAULT

507.334.5121/ fAX 334.2039

[email protected]

JIM SCHIFFLER, MINNEAPOLIS


JOSH SCHIFFLER, CROSBY


The OperatorMISSION STAT E ME NT:

THE PURPOSE OF THE OPERATOR

IS TO PROVIDE THE MEMBERSHIP

OF THE MINNESOTA SCHOOL BUS

OPERATORS ASSOCIATION WITH

INFORMATION REGARDING

CURRENT INDUSTRY ISSUES.

THE OPERATOR IS PUBLISHED 11

TIMES A YEAR BY THE MSBOA,

10606 HEMLOCk ST. NW •

ANNANDALE, MN 55302.

FOR MORE INFORMATION CALL

320-274-8313.

E-Mail [email protected] or

FAx: 320-274-8027.

Website: www.msboa.com

SUBSCRIPTIONS ARE FREE

WITH MEMBERSHIP. AdditionAl

subscriptions Are $24.00 A

yeAr. COPYRIGHT 2013.

MEMBERS MAY MAkE PHOTO-

COPIES OR USE ARTICLES AS

NECESSARY PROVIDING THE

SOURCE IS CITED.

CO-EDITORS:

SHARI DANzEISEN & SHELLY

JONAS

LAYOUT & DESIGN: SHARI DANzEISEN

VIEWS PRESENTED IN THISNEWSLETTER MAY NOT NECESSARILY REPRESENT THEOPINIONS OF THE ENTIRE MEM-BERSHIP OR ITS BOARD OF DIRECTORS.

PRESIDENT

GAylEn lEnz

FIRST VICE PRESIDENT

RuDy lunDAHl

SECOND VICE PRESIDENT

JoSH SCHIfflER

TREASURER

ToM HEy

Ex-OFFICIO

DouG GRISIM

From the PresidentGaylen LenzMadelia Bus Service, Madelia, MN

With about 3 months until the 2014 Minnesota legislative Session begins in earnest, MSBoAmembers should be exploring the opportunities that may exist as a result of the increase inState funding for education that occurred during the 2013 Session. Minnesota has commit-ted to increase the basic General Education formula 1.5% in each of the next two fiscalyears, beginning July 1, 2013 for the State’s 2014 and 2015 fiscal years. The 1.5% is com-pounded to produce $7.6 billion in ’14 and $8 billion in ’15. This increased funding will pro-duce at least an additional $300 million over the two years.

As most are aware, in 1995 the State legislature eliminated the categorical transportation funding formulas. The majorityof the transportation funding was added to the general education revenue program in three parts: $170 per pupil unit wasadded to the basic formula allowance; a transportation sparsity component was added ($60 per pupil); a grandfathered rev-enue amount called “transition revenue” was added ($16 per pupil) to limit new formula lost revenue (a hold harmlessclause.) In fiscal year ’11 transportation costs amounted to 6% of all education K-12 dollars. In fiscal year ’13 total gener-al education spending was $6.9 billion, six percent represents over $415 million per year. In 1997 the spending for k-12transportation spending was 4.85% of total k-12 spending.

The rational for this background in the somewhat recent history of pupil transportation funding is two fold. first, is the new“pupil simplification” weighting system that will be the measurement for Pupil unit Weights. In the past, certain studentweighting designations were elevated to give, for example a school district credit for a grade 1-3 student the weight or scor-ing of 1.115 per formula student to the actual 1.0 per student. There are three categories of grades 1-12, and three cate-gories for kindergarten – disabled, part-time, and all-day kindergarten. All six of these weighted pupil ratios are now morerepresentative of a true 1 student to 1 student ratio regardless of category.

Second, as these new weighting ratios begin and the new revenue becomes part of a school districts’ budget, there will bevalue in meeting with your superintendents to make sure that all pupil funding for transportation resources available arebeing utilized and accessed. The 1.5% each year funding increase, compounded, is available for each of the ten fundingcategories within the Basic Education formula. Meaning that MSBoA members have an opportunity to request and advo-cate for a more realistic and accurate remuneration for transportation services provided by contracted bus operators. Asthe 1995 law rolled transportation funding categorical into the larger basket of basic edu-cation dollars, both district transportation officials and MSBoA members need to articu-late and advocate for a portion of the 2013 increase in k-12 education funding.

Another thought for this time of year for MSBoA members should be a look at the cur-rent law regarding charging fees for transportation services as opportunities for MSBoAto produce more revenue. Each School Board has a unique geographic size and pupildensity. Currently school districts may charge fees for extracurricular activities whereattendance is optional. Districts may not charge for transportation outside a two- milelimit, but may charge fees for transportation within a two-mile distance from the desig-nated school. Districts have the ability to provide transportation service for students whoreside less than two-miles from the designated school without a fee. Having a discus-sion with your Superintendent regarding fees within the two-mile limit may actually pro-duce more students with routes to school without a fee, providing opportunities to trans-port more students.

As the fall yields to winter MSBoA is asking members to think about opportunities forincreasing services to school districts. The first weeks of school are now past, memberscan help out MSBoA with suggestions and ideas to incorporate into MSBoA’s State leg-islative platform. The MSBoA board is also looking for membership involvement in theidentification of current laws that are an impediment to cost effective student transporta-tion and proposals to create a new law to help MSBoA members further promote safestudent transportation with revenue sources appropriate to the value of services provid-ed.

Continued on Page 4.

3

Legislative UpdateBy Tom keliher, keliher Government Affairs Consulting, LLC.

Phone (612) 723-5168 • Email: [email protected]

A nationwide Distributor of School Bus Parts

and Safety Equipment

Call Today To order!Toll Free: 800-937-3906

audio Communications“Pioneer of Two-Way Radios”

Sales • Service • Installation • SecuritySystems • Vehicle Tracking Systems

Diana Olson, Sales Consultant

[email protected] Industrial Drive Box 220

Big Lake, MN 55309

Local (763)263-3582

Toll Free (877)509-6920

The MSBoA is pleased to announce a new partnership with Clinical Research lab Corp as the MSBoA drug testing labora-tory of choice.

In May, MedTox (who was purchased by labCorp) vacated their agreement with the association. They will continue to ser-vice their individual clients, but the MSBoA board decided to begin a search to find a new lab. We are confident that crlwill save you money.

They are able to do this in a couple of ways:

1. One pool - According to federal DoT law, your CDl drivers have to be in a random pool. your company does not have to be its own pool. This MSBoA consortium will be tested at the mandatory rate, therefore spreading the percentage over a larger number of drivers.

2. MRO – The Medical Review officer is only required to oversee DoT testing and positive non-DoT testing. Therefore you will only pay for the MRo as required by federal law.

you will still keep your collection site, but just like MedTox, CRl will provide you or your testing facility with kits and chain ofcustody forms. Additionally, CRl has a national Collection network so that over the road drivers are covered. CRl offersonline reporting and email notifications so that you can access results quickly. Moreover, you help support the MSBoA justby using CRl as your drug testing laboratory.

Watch for new sign up forms and information that will help you make a seamless transition to CRl.

Their goal is to offer the 4th Quarter random testing for the random pool. If you need pre-employment, post-accident, rea-sonable suspicion or follow up testing, CRl is prepared to expedite your company’s account.

for more information about CRl, please see their website:

http://www.crlcorp.com/

If you have any questions about this program, please feel free to direct them to the MSBoA office at 320-274-8313.

4

MsBoa offers new drug Testing

lab Partnership to Members

The MSBoA Board will be meeting soon to start discussions regarding issues affecting school bus operators. MSBoA willcontinue efforts to increase enforcement of the school stop arms laws and further the promotion of safe school transporta-tion. last Session, proposals to increase fuel taxes and implement a metro sales taxes on motor fuels were attempted bytransit groups to increase use and further expansion of existing transit systems, those transit groups will be back in 2014 aswell.

The State Patrol has asked for MSBoA’s input on changes to four items in their “house keeping” bill. The first would requirethe reporting to the employer the day following a TyPE III driver being notified of suspension or revocation of the driver’slicense. Second, is the creation of a gross misdemeanor for operators placing an out of service bus in service before allrepairs have been completed on that bus. Third, defines the use and placement of seat belt cutters on TyPE III vehicles.And fourth, is to mandate post trip inspections with loss of license for a year for failure to comply. The post trip inspections,as stated by the Patrol were the result of recent incidents of students left on buses after the completion of routes.

Please feel free to contact me with questions or suggestions at [email protected] or by phone at 612-723-5168.

legislative Update Continued from Page 3.

To Be or not To Be---a school Bus driver[ed note: this anonymous essay ran in the 1978 issue of the operator. Have times really changed so much in thepast 35 years? read and judge for yourself.]

My early morning drive is a lonely one – empty seats stretch behind me and the only noise is the creak of metal over the humof a motor. This peaceful solitude is short-lived.

Children are my timetable and I am heading into a regu-lar school battle of survival. At the first stop, little Henry isthrowing his usual tantrum. (I feel a little sorry for him ashis mother convinces him with a heavy hand that educa-tion is a blessing.) Bus stop delinquents cause drivers toturn grey. “Denise is still taking her bath,” explains hersister. “Robin forgot his lunch.” Then we wait for five min-utes for him and another ten while his mother lectureshim to never keep the bus waiting.

Since my bus stops are gathering places for children,they are also magnets for dogs – all sizes, colors andbreeds. Some of them insist on going along – one oldhound with floppy ears always manages to wedge him-self under a seat. Another one stands by faithfully whenhis young master refuses to get on the bus. It’s alwayshard to explain to the principal why a bus is late.

Keeping the peace is always my problem. Minutes afterI tactfully try to separate two sixth graders madly in love,I look back to find them punching each other in the nose– this then requires a psychologist to get them back onspeaking terms. other world shaking problems aboutthat time include Sandy swallowing a marble, a beestinging Sharon, and George dropping his lunch moneyin the panel under the window, so you give him your lastquarter. Someday, I’m going to de-panel the bus and seeif I can wade through apple cores, banana peelings,bobby pins, chewing gum, frogs and fishing worms andsee if I can collect enough to retire to that little chickenranch.

I get so much practice in blotting runny noses, looseningstuck zippers and serve as a lawyer, doctor, friend andadviser in affairs of the heart. They show me loose teeth,purple eyes, poison ivy rash, and several of the little girlslisp a marriage proposal though gaps of shiny baby teeth.And they heap on me their most priceless possessions –a mummified garter snake, a piece of cooked pancake, ashoe lace, etc. Sometimes I wonder if there is any futurefor me in this job. But my passengers have a habit ofrestoring my faith by making me feel a valuable part oftheir future. “Two-four-six-eight – Who do we appreciate?our Bus Driver!”

Then I reflect – in an age of rockets and dissension – theworld is waiting for these kids with bated breath. Theworld wants them. God loves them. Who am I to holdout? I love them too.

5

Financing available throughFinancing available through

15 warning signs of workers’ Compensation FraudThe workers’ compensation insurance system is a no-fault method of paying workers for medical expenses and wage lossesdue to on-the-job injuries. While the majority of workers’ compensation claims are truthful, the national Insurance CrimeBureau reports billions of dollars of false claims are submitted each year. To help you detect possible workers’ compensationfraud, experience shows a claim may be fraudulent if two or more of the following factors are present:

1. Monday Morning: The alleged injury occurs either “first thing Monday morning,” or late on a friday afternoon but not reported until Monday.

2. Employment Change: The reported accident occurs immediately before or after a strike, layoff, the end of a big projector at the conclusion of seasonal work.

3. Job Termination: If an employee files a post-termination claim:• Was the alleged injury reported by the employee prior to termination?• Did the employee exhaust his/her unemployment benefits prior to claiming workers’ compensation benefits?

4. History of Changes: The claimant has a history of frequently changing physicians, addresses and places of employment.

5. Medical History: The employee has a pre-existing medical condition that is similar to the alleged work injury.

6. No Witnesses: The accident has no witnesses, and the employee’s own descriptiondoes not logically support the cause of injury.

7. Conficting Descriptions: The employee’s description of the accident conflicts with the medical history of first Report of Injury.

8. History of Claims: The claimant has a history of numerous suspicious or litigated claims.

9. Treatment is Refused: The claimant refuses a diagnostic procedure to confirm the nature or extent of an injury.

10. Late Reporting: The employee delays reporting the claim without a reasonable explanation.

11. Hard to Reach: you have difficulty contacting a claimant at home, when he/she is allegedly disabled.

12. Moonlighting: Does the employee have another paying job or do volunteer work?

13. Unusual Coincidence: There is an unusual coincidence between the employee’s alleged date of injury and his/her need for personal time off.

14. Financial Problems: The employee has tried to borrow money from co-workers or the company, or requested pay advances.

15. Hobbies: The employee has a hobby that could cause an injury similar to the alleged work injury.

6

The Blessings of the First Weeks of

School By Garrett Regan, faribault Transportation

Hopefully by this time MSBoA members have been able to take a breath, and maybe even 2, in betweenphone calls, meetings, and ride-a-longs. With the first days of school popping up in early September,late August for some, all of the preparation from the summer helps us to respond to student changes,load count issues, routing questions, and modified schedules. We run tirelessly around our shops andoffices, working to provide all the essential information our employees need to succeed. At the end ofthese busy days, if anyone shares common sentiments with me, there may be some stress and fatigue,along with the feeling that we spent the day chasing our tails. Rest assured, a lot is accomplished everyday, and so much went RIGHT even thought it may feel as though more went wrong. How many dri-vers safely maneuvered through construction areas? How many bus aides eased a child’s anxiety onthe ride to school? How many times did a dispatcher accommodate a last minute request for an addresschange? How many drivers showed a young child the correct door to use to enter the school building?Most importantly, and always our goal in student transportation; How many students experienced safebus rides to and home from school?

Although it is easy to focus on the difficult situations during the first few weeks of school, the good usu-ally always outweighs the bad. In the school bus business we are often the last line of defense, andalong with that comes pressure to perform day in and day out. The dri-vers, dispatchers, and mechanics in the industry statewide do a fantasticjob responding to that pressure and keeping bus riders safe. There aremany obstacles that arise, many of which we don’t even realize becauseof the great job our employees do. During these times, we want toremember the overwhelming number of instances that go RIGHT, so wecan continue to appreciate our people and the job they do transporting thechildren of our communities. All deserve to be commended for their ded-ication and commitment. I wish everyone a very safe and fulfilling schoolyear!

7

A COnTInuIng SerIeS OF BOArD COmmenTArIeS

News and Views

call: 763-544-3319 Email: mobilemike@ mobileradioeng.com

tService on All Major Brands!

tWide Area & Local Dispatch Radios!

tGPS Tracking Systems!

tLeasing options available!

tFCC Licensing!

tYear 2013 narrow banding

tCamera and Video Systems!

Specializing in 2-Way RadioSales & Service Since 1948

Authorized Representives for: wKenwood wVertex wHarris

solutions & consulting!

8

social Media Training for driversShelly Jonas

Social Media has changed everything. People now use facebook to get ideas on where to go to purchase goods and ser-vices. They use it to find jobs, invite each other to parties and discuss politics and newsworthy events. Twitter has been usedto break news before camera crews have been able to reach the scene. Before social media, people could express an opin-ion to those people they interacted with on a face to face basis, but now social media has opened up a much larger audiencethat can be hundreds or even thousands of people.

In the past few years, we’ve covered social media topics at our conferences. Attorney Tom Revnew stated that you shouldhave a social media policy in place that addresses employee’s rights regarding using social media which is protected by thenational labor Relations Board. Increasingly, workplace attorneys recommend that employees should sign some kind ofacknowledgement that they are not permitted to speak or communicate on behalf of the company through social media.

The Minnetonka school district was one of the first school districts that put together a social media policy back in 2010. Min-netonka outlines the responsibilities of staff when they use social media. The policy reminds employees that on social mediathe lines between public and private can be blurred. So even though employees believe that they are communicating as aprivate person, they may still be viewed as a teacher or other staff person by the public and therefore are encouraged to com-municate in a professional manner that is consistent with the District’s beliefs and policies. The Anoka Hennepin school dis-trict does not have a policy, but covers the topic in its technology acceptable use policy. It prohibits the use of social mediaas a communication device between staff and students.

While you may choose to prohibit the use of social media between drivers and students, drivers and staff may still find them-selves in a situation where they are asked to cross that professional and personal boundary. Perhaps someone in their socialmedia circle shares a derogatory opinion about your company. Perhaps they question why the buses consistently run late ora transportation policy on bus stops. Should they respond? If so, how should they respond? Should they bring it to your atten-tion? These are questions that you could address with your staff during a training session.

Drivers should be reminded that student privacy and the protection of minors online is part of their responsibility. They shouldnot discuss stories about students that would include any identifying information. They should not take pictures of studentsand post them online without parental permission. They should not list locations of stops or private information about theschool or work premises that may be used by others to compromise security. All staff needs to be respectful of coworkersand to not denigrate or make insulting comments. one portion of the Minnetonka policy asks, “Are you adding value?” Whilethis objective may be hard to measure, it is a good question for those engaged in social media. There are a lot of words outthere. But asking yourself what your main objective is before you post can help you before you make a mistake.

Kodak has a great online guide for employees that you may choose to use to begin the conversation with employees.

http://www.kodak.com/US/images/en/corp/aboutkodak/onlineToday/Social_Media_9_8.pdf

http://www.minnetonka.k12.mn.us/policies/470.pdf

Check Outwww.msboa.com

HEALTHCARE REFORM UPDATE

As I write this article, Congress is currently debating the funding of the Affordable Care Act (also known as obamaCare),leading to the possibly of a federal government shut-down. It is hard to believe that Affordable Care Act became the lawof the land over three and half years ago. As Congress once again debates the wisdom of this law, now is a good time toconsider what portions of the law have taken effect while others have been postponed:

Current ProvisionsThe most significant requirements of the Patient Protection and Affordable Care Act that are currently in effect include:

• Summary of Benefits and Coverage Disclosure Rules• Employers are required to provide employees with a standard SBC form explaining what the plan covers and what it

costs.• Medical loss Ratio rebates• Insurance companies must spend at least 80% of premium dollars on medical care; insurers who do not meet this ratio

are required to provide rebates to their policyholders• limits on flex Spending Account contributions• Current annual tax deductible cap for employee contributions to flex spending accounts is $2,500 – this does not extend

to employer contributions

Delayed ProvisionsAll aspects of the employer mandate provision of the Affordable Care Act have been pushed back to 2015.

Health Care ExchangesThe Minnesota health care exchange, known as Mnsure, may be found at www.mnsure.com. The exchange will be openon october 1, 2013 for health care coverage beginning January 1, 2014.

Employee Notice of the MarketplaceBy october 1, 2013, all employers must provide notice to all employees of the exis-tence of the Health Insurance Marketplace (in Minnesota, Mnsure). The noticedoes not need to be provided to dependents. The notice must contain the follow-ing information:

• The existence of the Marketplace;• The contact information and description of services offered on the

Marketplace;• A statement that the individual may be eligible for a premium tax credit if the

employee purchases a qualified plan on the Marketplace; and• A statement that if the employee purchases a qualified plan on the

Marketplace, the employee may lose the employer contribution to any health benefit plan offered by the employer and all or a portion of employer contributions may be excluded from federal income.

Model notices available on Department of labor website:www.dol.gov/ebsa/healthreform

If you have questions regarding any of these developments, please feel free to con-tact Tom Revnew with questions at 952.921.4622 or at [email protected].

Legal Notes 9

hoTline Phone: (952) 921-4622

By Thomas Revnew, esq., of seaTon, PeTeRs & Revnew

Best Values:

Legal Hotline for MSBOA members

Employee Handbook & Employment Materials Package $1,075 (includes 2 hours

of attorney time – hourly rates thereafter)

Drug & Alcohol Testing Package $525 (includes 1 hour of attorney time – hourly

rates thereafter)

Ask for MSBOA discounts on Handbook ($100) and on D/A TestingPackage ($50)

Contact Tom Revnew

7300 Metro Blvd, Suite 500 | Minneapolis, MN 55439

Tel 952.921.4622 | Fax 952.896.1704 www.seatonlaw.com

10

trust

(800) 866-3105www.hoglundbusandtruck.com

noun1. Reliance on the integrity, strength, ability, surety, etc., of a person or company; con�dence.

tsutrn�; coynnapmr coo

n the innce oalie1. Runon

.kcurtndasbundulgglhoog.ww.ww

tsutr.nceedn�

gth, anetr, styy, sriegtn the in

omc (800) 866-3105

., oc, etetyy, etur, styy, sliibgth, a n orsef a p., o

Health Information still Being denied

to school Bus ContractorsIn The operator last month, it was reported that there were some changes to the law with regard to EpiPens to allow flexi-bility to administer EpiPens when students have a life threatening allergic reaction. This law now allows schools to maintaintheir own supply of EpiPens rather than being supplied by the parent. This may mean that schools will request that EpiPensto be on the school bus. The school is also required to identify those who may need to administer the EpiPen and to pro-vide training on recognizing anaphylaxis and administering epinephrine. furthermore, if you do carry an EpiPen on board aschool bus, you need to be aware that EpiPens contain an expiration date and special storage considerations. The medi-cine cannot tolerate extreme heat or cold and needs to be stored at room temperature. lastly, the law does contain an immu-nity clause for staff who act in good faith or fail to act.

However, the MSBoA office still hears from contractors who are denied health care information from school district staff.School district staff often proclaims that it is protected student data or that it is a HIPAA violation. These laws do not applyto school bus contractors. I would encourage those contractors who struggle with obtaining health information to keep thisarticle in a safe place.

Student Data Privacy law or fERPA (family Education Rights and Privacy Act) - Provides an exemption that allows "schoolofficials," including teachers, within a school to obtain access to personally identifiable information to those have a "legitimateeducational interest" in the information. Although the term "school official" is not defined in the statute or regulations, theDepartment of Education generally interprets the term to include parties such as: professors; instructors; administrators;health staff; counselors; attorneys; clerical staff; trustees; members of committees and disciplinary boards; and a contractor,volunteer or other party to whom the school has outsourced institutional services or functions.

HIPAA - The Health Insurance Portability and Accountability Act of 1996 – Applies to three groups.

I. a health care provider (such as a doctor, clinic, nurse, etc – but only if they file forms electronically)II. a health care clearinghouse.III. a health plan (such as HMo providers and insurance companies)

It does not apply to schools. At all.

lastly, Mn Rule 7470.17 REQuIRES that each driver and aide assigned to a vehicle transporting pupils with a disability shallhave available to them the following information in hard copy or immediately accessible through a two-way communicationsystem:

A. the pupil's name and address;B. the nature of the pupil's disabilities;C. emergency health care information; andD. the names and telephone numbers of the pupil's physician, parents, guardians, or custodians, and some

person other than the pupil's parents or custodians who can be contacted in case of an emergency.

11

special needs students & emergency evacuationsIf a driver must evacuate the bus he or she should speak to the students using simple, concise directions. A bus evacuation can be traumatic for

some students with special needs, so reassuring them is important.

Once the students are off the bus, they must be moved to a safe place away from the vehicle.

Students with special needs many have to be carried off the bus. In an emergency evacuation, the ambulatory students should be evacuated first.

An exception to this is a student who has a behavioral disorder. That child should NOT be evacuated first unless there is an aide or monitor who can

accompany him and stay with him once he is off the bus.

Once ambulatory students have safely exited the bus, the non-ambulatory students should be evacuated. They will need more help. There are sev-

eral techniques bus drivers should know to get students with special needs off the school bus in an emergency. They are:

The One Person Lift (If a driver does not have an aide on board or if the aide is helping another student.)

a. Pass the student’s near arm over your shoulder.

b. Place one of your arms behind the student’s shoulders with your hand under the student’s other arm.

c. Place your other arm under the student’s knees.

d. Squat down with feet shoulder width apart.

e. Lift the student with the load equally divided between both arms, holding the student close to you.

f. Keep your chin tucked in to keep a relatively straight back and neck line.

g. Once standing, change directions by pointing your feet in the direction you want to go and turning your whole body.

h. Avoid twisting your waist while carrying the student.

i. Take small steps, keeping the student close to your body.

j. For students with poor muscle control, curl the student as much as possible to keep arms and legs from flopping and support the student’s head

and neck.

k. If you are alone, do not exit from the front steps while holding the student as may trip or fall.

The Two Person Lift (If the driver and aide are both available to help the student)

a. Move the student in his or her wheelchair as close to the exit as possible.

b. Slide the student onto a seat next to the aisle.

c. The taller person stands behind the student and the other person stands in front of the student and off to the side.

d. If the student is in a wheelchair, the person in front should remove the armrests and fold up the foot rests.

e. The person in back reaches under the student’s arms and either grasps right hand to student’s right wrist and left hand to student’s left wrist OR

clasps hands across the student’s chest.

f. The person in front lifts the lower extremities under the thighs and hips.

g. Squat down and lift together on a count of three.

h. Move to the designated area and lower the student on the count of three.

The Blanket Drag (Using a blanket reduces stress on the student’s body as well as chance of injury - effective with heavy or fragile students)

a. Fold a blanket in half and place on the floor next to the student.

b. Lower the student’s legs onto the blanket first, then the head. The head should be pointed toward the exit.

c. Wrap the blanket around the student to prevent arms and legs from being caught on obstacles.

d. Grasp the blanket near the student’s head and drag the student to the exit.

In all of these scenarios, it’s important to tell the student what you are going to do before you do it to help reduce negative reactions.

Practice, Practice, Practice!

To make sure drivers and aides know how to respond to an emergency situation that requires an

evacuation, it’s important that these procedures are practiced regularly, such as on an annual or

twice annual basis.

MS

BO

A1

06

06

He

mlo

ck

St.

NW

An

na

nd

ale

, M

N 5

53

02

From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Legal Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

News and Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

MsBOa PlannerSave these dates!

minnesota School Bus Safety Committee

meets 3rd Weds. of every month

Locations Vary

Contact: LeAnn Livingston 651-982-8193

Transportation Issues Study Committee

meets 4th Weds. of every month

Contact: Keith Paulson 763-506-1132

Office of Pupil Transportation Stakeholders

Quarterly meetings Held, Dates Vary

Contact: Lt. Brian reu 651-405-6047

January 17-18, 2014

mn School Bus Safety expo

St. Paul, mn

Northern RegionSergeant James Senenfeldernorthern Regional TrooperPhone (612) 360-5172E-mail: [email protected]

Metro RegionSergeant Paul DavisMetro / Central Regional TrooperPhone (612) 685-4820E-mail: [email protected]

Southern RegionSergeant Chad DauffenbachSouthern Regional TrooperPhone (507) 430-0791E-mail: [email protected]

Mn state Patrol

ContactsListed to the right is contact infor-mation for the state troopers incharge of school bus transporta-tion.

Use this contact information!They are ready to help with anyquestions or concerns you mayhave!

in This issue:

MsBOa LeGaL HOTLiNe(952) 921-4622 • Tom Revnew at Seaton, Peters & Revnew

Documents

Msboa october 13