Page 25 - AASBO EDGE BTS 2023
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Alternative Transportation – What About 11-15 Passenger Vans?
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        Here  are  some  frequently  asked  questions  about    Yes. If a JTED/CTED has an agreement or contract
        the new 925-vehicle law and policy:                     with a school district and/or is transporting high
                                                                school students pursuant to the students’ normal
        If a third-party vendor is contracted for student       educational activities or curriculum, then the law
        transportation and uses an 11-15 passenger van          must be followed.
        to transport students, does the third-party carrier
        have to comply with student transportation laws?        The DPS rules are intended to protect Arizona K-12
                                                                students while they are engaged in their education
        It depends on how the contract is written. If the       and/or participating in school-sanctioned or
        contract is between the parents and the vendor,         -sponsored events and activities. Therefore, the
        then no — the third-party vendor is not required        DPS safety standards still apply when an Arizona
        to comply with student transportation laws. If the      JTED/CTED provides transportation to these
        contract is between the school district and the         students.
        vendor, yes — the third-party vendor is required
        to adhere to student transportation laws. A district    A district currently utilizes vans that fall into
        should  not,  therefore,  use  a  vendor  whose  11-15   the 11-15 passenger van category and it wants to
        passenger vans do not comply with requirements          follow the new law but lacks adequate resources,
        under the law.                                          such as CDL drivers and school buses. What can
                                                                the district do to ensure the Auditor General’s
        If a district needs to rent a vehicle for a field trip   Office does not cite it for using illegal vehicles?
        or other school-sponsored event, can the district
        utilize an 11-15 passenger van?                         First, the district should assess all of the vehicles
                                                                it has in circulation. Once this is done, it may
        No, it is illegal for a school district to rent an 11-15   determine that, in fact, it has enough vehicles to
        passenger van for any student transportation use,       meet its needs.
        including extra-curricular events.
                                                                For example, the district might consider
        Does the Arizona Department of Education                re-purposing  11-15  passenger  vans  previously
        (ADE)  definition  of  an  allowable  vehicle  for      used for student transportation by assigning them
        daily student transportation mean that a school         to the facilities or maintenance departments (a
        district may use 11-15 passenger vans?                  district can also use them for adult trips with no
                                                                students).  Removing  a  bench  seat  is  prohibited
        No. The ADE verbiage for allowable vehicles is          and does not reduce passenger count or result in
        for funding purposes only and does not consider         reclassification  of  the  vehicle.  The  VIN  number
        DPS regulations for school bus transportation.          dictates the vehicle’s passenger count.


        The law you reference applies to K-12 districts,        This could potentially free up resources for
        but what about college programs, such as JTED           purchase of a compliant vehicle or for contracting
        and CTED, that transport high school students?          with a third party whose vehicles are compliant.
        Do they have to comply with the same law?

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