Hawaii 2025 Regular Session

Hawaii Senate Bill SB1198 Compare Versions

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11 THE SENATE S.B. NO. 1198 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to transportation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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4747 SECTION 1. The legislature finds that reliable student transportation is a critical component of ensuring equitable access to education for all Hawaii students. In recent years, disruptions in school bus services, including significant cancellations before the start of the school year, have severely impacted families and communities, leaving students stranded and unable to attend school consistently. Notably, at the beginning of the 2024-2025 school year, the department of education suspended one hundred forty-seven bus routes across central Oahu, upcountry Maui, and east Hawaii island, affecting nearly 3,730 students who signed up for bus transportation. The legislature further finds that while the department of education includes performance metrics, penalties, and some contingency planning in its contracts with student transportation providers, these provisions are largely reactive and fail to address systemic issues. For example, current contracts impose penalties for non-compliance and require contractors to report missed or delayed routes; however, these measures do not adequately prevent disruptions or ensure that contractors are prepared to meet their obligations. The legislature recognizes that designating student transportation as a critical service is essential to prioritizing its management and oversight. Proactive measures, including robust contingency planning, stricter accountability mechanisms, and clear performance standards, are necessary to prevent future cancellations, ensure consistent service, and restore public trust in the State's school transportation system. Accordingly, the purpose of this Act is to: (1) Designate student transportation as critical infrastructure and a critical service for Hawaii's public education system; (2) Require school bus contracts to include minimum standards, performance metrics, and accountability requirements to ensure the reliability and efficiency of student transportation services; and (3) Require school bus contracts to include proactive planning and oversight mechanisms to prevent service disruptions and enhance contractor accountability. SECTION 2. Section 302A-406, Hawaii Revised Statutes, is amended to read as follows: "§302A-406 Transportation of school children. (a) The department [may] shall provide suitable transportation to and from school and for educational field trips for all children in grades kindergarten to twelve and in special education classes. The department shall adopt policies, procedures, and programs as it deems necessary to provide suitable transportation. (b) Student transportation shall be designated as critical infrastructure and a critical service of the public education system. [(b)] (c) The department shall adopt rules under chapter 91 governing the supervision and administration of the transportation of school children under this section." SECTION 3. Section 302A-407, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Any school bus contract between the State and the contractor shall include [a]: (1) A provision requiring the contractor to equip the contractor's vehicles with the signs and visual signals described in section 291C-95(d) and (g)[.]; (2) [The contract shall also include other] Other provisions as may be deemed necessary by the State for the safety of school bus passengers and [shall include] provisions requiring compliance with the rules and standards described in section 286-181[.]; (3) A provision requiring the contractor to submit a detailed annual contingency plan to address potential service disruptions, including anticipated driver shortages, fleet capacity issues, and other operational risks; (4) Performance metrics, including metrics assessing driver availability and fleet capacity, to be reviewed and certified by the department no later than thirty days prior to the start of the school year; (5) A provision establishing penalties for noncompliance, including withholding payments and termination of the contract for repeated violations; (6) Emergency protocols for timely communication with affected families in the event of service interruptions, which shall include: (A) A requirement for contactors to notify the department no later than thirty days before the start of the school year of any anticipated driver shortages, fleet capacity issues, or potential service disruptions; (B) A requirement for contractors to provide weekly updates during the thirty days prior to the start of the school year, detailing the progress in addressing any identified service risks; (C) A mandate for the department to communicate service changes to families within five business days of receiving notification from the contractor; and (D) Protocols for real-time updates to families on unexpected service interruptions during the school year, with clear guidance on how families can access alternative transportation options; and (7) Requirements for annual audits and reports on contractor performance and service reliability, which shall be submitted to the legislature no later than twenty days prior to the convening of each regular session." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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4949 SECTION 1. The legislature finds that reliable student transportation is a critical component of ensuring equitable access to education for all Hawaii students. In recent years, disruptions in school bus services, including significant cancellations before the start of the school year, have severely impacted families and communities, leaving students stranded and unable to attend school consistently. Notably, at the beginning of the 2024-2025 school year, the department of education suspended one hundred forty-seven bus routes across central Oahu, upcountry Maui, and east Hawaii island, affecting nearly 3,730 students who signed up for bus transportation.
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5151 The legislature further finds that while the department of education includes performance metrics, penalties, and some contingency planning in its contracts with student transportation providers, these provisions are largely reactive and fail to address systemic issues. For example, current contracts impose penalties for non-compliance and require contractors to report missed or delayed routes; however, these measures do not adequately prevent disruptions or ensure that contractors are prepared to meet their obligations.
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5353 The legislature recognizes that designating student transportation as a critical service is essential to prioritizing its management and oversight. Proactive measures, including robust contingency planning, stricter accountability mechanisms, and clear performance standards, are necessary to prevent future cancellations, ensure consistent service, and restore public trust in the State's school transportation system.
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5555 Accordingly, the purpose of this Act is to:
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5757 (1) Designate student transportation as critical infrastructure and a critical service for Hawaii's public education system;
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5959 (2) Require school bus contracts to include minimum standards, performance metrics, and accountability requirements to ensure the reliability and efficiency of student transportation services; and
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6161 (3) Require school bus contracts to include proactive planning and oversight mechanisms to prevent service disruptions and enhance contractor accountability.
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6363 SECTION 2. Section 302A-406, Hawaii Revised Statutes, is amended to read as follows:
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6565 "§302A-406 Transportation of school children. (a) The department [may] shall provide suitable transportation to and from school and for educational field trips for all children in grades kindergarten to twelve and in special education classes. The department shall adopt policies, procedures, and programs as it deems necessary to provide suitable transportation.
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6767 (b) Student transportation shall be designated as critical infrastructure and a critical service of the public education system.
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6969 [(b)] (c) The department shall adopt rules under chapter 91 governing the supervision and administration of the transportation of school children under this section."
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7171 SECTION 3. Section 302A-407, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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7373 "(a) Any school bus contract between the State and the contractor shall include [a]:
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7575 (1) A provision requiring the contractor to equip the contractor's vehicles with the signs and visual signals described in section 291C-95(d) and (g)[.];
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7777 (2) [The contract shall also include other] Other provisions as may be deemed necessary by the State for the safety of school bus passengers and [shall include] provisions requiring compliance with the rules and standards described in section 286-181[.];
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7979 (3) A provision requiring the contractor to submit a detailed annual contingency plan to address potential service disruptions, including anticipated driver shortages, fleet capacity issues, and other operational risks;
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8181 (4) Performance metrics, including metrics assessing driver availability and fleet capacity, to be reviewed and certified by the department no later than thirty days prior to the start of the school year;
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8383 (5) A provision establishing penalties for noncompliance, including withholding payments and termination of the contract for repeated violations;
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8585 (6) Emergency protocols for timely communication with affected families in the event of service interruptions, which shall include:
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8787 (A) A requirement for contactors to notify the department no later than thirty days before the start of the school year of any anticipated driver shortages, fleet capacity issues, or potential service disruptions;
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8989 (B) A requirement for contractors to provide weekly updates during the thirty days prior to the start of the school year, detailing the progress in addressing any identified service risks;
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9191 (C) A mandate for the department to communicate service changes to families within five business days of receiving notification from the contractor; and
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9595 (7) Requirements for annual audits and reports on contractor performance and service reliability, which shall be submitted to the legislature no later than twenty days prior to the convening of each regular session."
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9797 SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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9999 SECTION 5. This Act shall take effect upon its approval.
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103103 INTRODUCED BY: _____________________________
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105105 INTRODUCED BY:
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113113 Report Title: School Bus Contracts; Student Transportation; Service Disruptions Description: Designates student transportation as critical infrastructure and a critical service for Hawaii's public education system. Requires all school bus contracts between the State and the contractor to include certain standards, performance metrics, and accountability requirements to prevent service disruptions. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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121121 School Bus Contracts; Student Transportation; Service Disruptions
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127127 Designates student transportation as critical infrastructure and a critical service for Hawaii's public education system. Requires all school bus contracts between the State and the contractor to include certain standards, performance metrics, and accountability requirements to prevent service disruptions.
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135135 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.