Transportation Update:  Responding to Transportation Complaints Through TEM System

Transportation Update: Responding to Transportation Complaints Through TEM System

The ODEW has changed the way it is administering transportation complaints to require districts to respond through an electronic system called TEM (transportation enforcement management).

According to the ODEW, when a person submits a complaint about a school district transportation issue to the Department, the District will be notified by email that a complaint has been filed and that the District needs to log in to the electronic TEM system to review the complaint. The District will select if it disagrees with the complaint, and all responses must also be entered into the TEM system.

Once a complaint is received, a district should promptly log in to the system to review the complaint, as the District only has five calendar days to respond. The District may include any supporting documentation with its response by uploading those items into the system.

It is important for the District’s response to cover all the issues raised in the complaint, as there are no other opportunities to respond or appeal, unless additional documentation is requested by the investigator.

Once the response is submitted through TEM, an investigator will review and if necessary, seek additional documentation, also through the TEM system. The District will receive an email if additional information is being requested, and must log in to the system to review the request and submit its supplemental response.

The investigator has forty-five calendar days to issue a determination on the complaint. Districts will be notified of the results through email. If a funding deduction is part of the determination, the result will also be sent to the Office of Budget and School Funding for further action.

As a refresher, districts could be found noncompliant based on a complaint if the complaint alleges that for five consecutive days or ten days throughout the year, district transportation arrived more than 30 minutes late to school or are picked up the student more than 30 minutes after school has ended, if no transportation arrives at all, or if the district is noncompliant with “any other transportation requirements in 3327 of the Revised Code.” (R.C. 3327.021)

The enforcement process currently provides that a complaint that is found valid will require the District to develop a corrective action plan for the first occasion of noncompliance within a week. The second, third, and fourth instances of noncompliance allow ODEW to withhold 25% of the District’s daily payment for student transportation funding for each day of determined noncompliance. The fifth instance of noncompliance allows the ODEW to withhold 100% of daily student transportation funding “until the department determines that the district is no longer out of compliance.”

ODEW has published a PowerPoint formatted guide to using the TEM system for complaint responses.

What this Means for Schools:

After conversion to the DRIVE system, schools should ensure  that transportation staff and administration understand the process for response to TEM complaints, including strict compliance with any response deadlines. Since schools may only have one opportunity to explain their action and position, responses must be thorough and decisions well documented.

 

 

 

 

Back to School Reminders For School Transportation Administrators

Back to School Reminders For School Transportation Administrators

Deadlines and timelines:
1. All school bus and van driver physicals must be renewed and submitted to the DEW before August 31. DEW will send out “inactive” notices for any driver without a new physical on Sept. 1. Inactive drivers will not be able to legally operate a school bus or van.
2. T-2 reports are due on or before August 31. These are fiscal summaries of the transportation you provided during the previous school year and are an important part of your school transportation funding.
3. ORC and OAC require that school boards approve bus stops and a routing time schedule within 10 days of the start of school. Boards may take this action up to 30 days in advance of the school year.
4. School bus rider safety training for all students in grades K-3 that ride must be provided within the first 14 days of your school year.
5. If you receive late enrollment information (anything after July 1) for students attending nonpublic or community schools, ORC requires the district to provide a transportation plan (if eligible) within 14 days of receiving notification.

FMCSA announces compliance audits for 2024: DEW sent out a notice this spring that the Federal Motor Carrier Safety Administration (FMCSA) is initiating a school bus transportation safety initiative during 2024. Field agents for FMSCA (or PUCO) will focus on auditing compliance with federally-applicable school bus driver regulations. The audits will include checking for compliance with:
• Pre-employment testing requirements including Drug and Alcohol Clearinghouse queries
• Annual query requirements for Clearinghouse information
• Random drug and alcohol testing administration
• Evaluation of return to duty processes when applicable
• Post accident testing procedures and administration when applicable
• Reasonable suspicion training and testing administration
• Driver qualifications associated with CDL compliance standards
If you are contacted by someone claiming to represent FMCSA, you may verify the validity of any contact by contacting the Ohio Division by email at MCOHOFF@dot.gov or at (614) 280-5657.

If you have questions about any of these areas or are not certain if you are following the requirements, now is the time to resolve those issues. Contact Transportation Consultant Pete Japikse at schoolbus@ebconsultinggroup.com.

Keeping Transportation Between the Dotted Lines

Keeping Transportation Between the Dotted Lines

 

School transportation is a significant part of every district’s services, but also has the potential to become a major source of trouble when we lose focus on the details, including regulations and requirements. That can result in the bus(es) drifting out of their lanes and heading for a significant crash! And now, to make it more difficult, it seems that lawmakers and state agencies are making the lanes narrower and paying more attention to our mistakes than our successes. Should we be worried? And if so, about what?

To set the stage for answering these questions, ask yourself the following:
• Do you have an experienced transportation administrator who is now spending more time driving a bus to cover missing drivers than overseeing the transportation operation?
• Do you have a new transportation administrator who is a great manager, but who has no background in school transportation?
• Are you new as a superintendent in a district, and do not yet have a good sense of how efficiently and/or effectively the transportation department is operating, and if it is following all the rules (including the new ones)?
• Has transportation been a quiet department in your district, and do you subscribe to the theory that if it’s not been a problem, don’t poke the bear?

What could possibly go wrong? We can look at a few of the more common issues that arise.

Shortage of drivers: On the face of it, we could easily say this is an HR problem, and recruiting has fallen behind the needs of the district. Driver recruitment should be an ongoing process. However, when the transportation director is busy driving and managing day-to-day operations, he/she has little time to work with HR to develop effective a recruiting campaign. It is easy to get behind the curve and end up short-staffed. To complicate matters, requirements for driver qualifications and training are formidable. There are many hours of training and classes, background checks, drug and alcohol checks, driving record checks, medical qualifications, commercial driver licensing and extensive state and federal oversight. Even when you find the right driver candidates, you have to make certain they satisfy all the qualifications and allow them to drive a bus only after you have satisfied the state regulators that your “ready and willing” candidates have met all the qualifications. Just putting someone behind the wheel because you need a driver, without having met state requirements, is not a solution.

Buses and vans: Sounds simple . . . run a vehicle until it wears out, then buy a new one to replace it. Whether it is a bus or a van, the same practice should work just fine. After all, that has worked just fine for our personal vehicles for decades.
Focusing on just buses for a moment, how do we really know when a bus is at the end of its serviceable life? There comes a point where it is more costly to repair a vehicle than to replace it. Did you also know the state patrol inspects school buses twice every year, and ultimately decides if you are allowed to use it or not? They may place a perfectly sound bus out-of-service for an inspection failure, or they may tell you that they will no longer inspect or pass a bus due to age and condition. To complicate this further, to purchase a new bus you are required to comply with state bidding procedures, purchase only vehicles that meet state and federal requirements, and place an order with a dealer that may not be filled for 18-24 months.

With vans, it should be easier, but many will tell you it is equally as complicated. There are state and federal regulations that limit options for passenger occupancy in vehicles other than school buses. If you go to the car dealer and ask for a passenger vehicle (van) for pupil transportation, they will jump at the opportunity and sell you anything with seats in it. For the most part, dealers are ignorant of the federal and state regulations on vehicle size and seating. Sometimes we have other staff in the district that mean well . . . and go out and purchase a vehicle only to find out afterwards that the vehicle is not legal for pupil transportation.

Compliance regulations: In recent years the state (both legislators and state agencies) has adopted a firmer stance with regard to compliance with regulations. This also comes at a time when new regulations are being enacted and the lanes we drive in, so to speak, are getting narrower. Some of the regulations have been in place for decades and were enacted with pupil safety as a goal. Other regulations have been adopted to correct perceived slights and inequalities in the actual services being provided. The fact of the matter is that most regulations require more resources, at a time when the availability of drivers and buses is lower than ever.

What is an administrator to do?

District administrators and school boards have many responsibilities and obligations. Having an in-depth knowledge of everything within their scope of oversight is not practical. We rely on other staff in the chain of command to keep the district off thin ice and fully compliant in all areas of school district operations. That said, when you are trying to do more with less, it is easy to overlook something.
The starting point to moving forward is an accurate assessment of what you currently have in place. You can do this yourself, hoping that you know all the regulations and best practices, or you can engage an objective, experienced transportation professional. Ennis Britton Consulting Group has a tool to provide you with this assistance. Transportation Consultant Pete Japikse has developed a ‘transportation health check” based on over 40 years of experience and knowledge of rules, regulations and best practices in transportation. This health check looks at all aspects of your transportation operation. The outcome of this transportation health check is a report identifying the areas where the District is doing well, areas where attention should be focused, and areas where transportation operations may be “getting by” but improvements may be needed. This management tool will provide you with concrete and specific input, enabling you to develop a roadmap to success, and to stay inside of the lanes as you move forward.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Test Transportation Post

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