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HomeMy WebLinkAboutRes 10-15 WA Adopting a Vehicle Transportation policy WESTLAKE ACADEMY RESOLUTION 10-15 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES APPROVING AND ADOPTING A POLICY PERTAINING TO VEHICLE TRANSPORTATION FOR WESTLAKE ACADEMY. WHEREAS, the Board of Trustees desires to establish standards and parameters governing the use of school owned, leased, or rented vehicles in a manner which promotes safety and protects school assets; and, WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and the faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: THAT, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT, the Board of Trustees for Westlake Academy,hereby approves the policy titled, Vehicle Transportation Policy, attached to this resolution as Exhibit "A". SECTION 3: 1F, any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Board hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: THAT, this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS THE 16th DAY OF AUGUST, 2010. Laura' seat, President ATTEST: Kell Edw ds, Board Secretary 'Thomas E. , Sup rintendent APPROVED AS TO FORM: , School Attorney Resolution 10-15 Page 1 of 5 TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 10-15: Date Board Adopted: August 16, 2010 Date Board Amended: NIA Effective Date: August 16, 2010 Policy Name: Vehicle Transportation Policy Policy Category: Governance Policy Goal: To establish the standards and parameters governing the use of school owned, leased, or rented vehicles in a manner which promotes safety and protects school assets from loss or damage. Policy Description: In an effort to promote safe transportation for all school-related events and establish appropriate standards regarding the use of Westlake Academy-owned, leased, or rented vehicles, the Board of Trustees approves the following policies and procedures for Westlake Academy. Policy Definitions For purposes of this policy: 1. "Bus" means a motor vehicle used to transport persons and designed to accommodate more than ten persons, including the driver. 2. "Passenger car" refers to a motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate ten or fewer passengers. 3. "Passenger van" means a motor vehicle, other than a motorcycle or passenger car, used to transport persons and designed to transport 15 or fewer passengers, including the driver. 4. "School activity bus" means a bus designed to accommodate more than 15 passengers, including the operator, that is owned, operated, rented, or leased by Westlake Academy and is used to transport public school students on a school- related activity trip, other than on routes to and from school. The term does not include a chartered bus, a bus operated by a mass transit authority, or a school bus. 5. "School bus" means a motor vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture and that is used to transport preprimary, primary, or secondary students to and from school or on a school-related activity trip other than on routes to and from school. The term does not include a school-chartered bus or a bus operated by a mass transit authority. Resolution 10-I5 Page 2 of 5 6. "Motor bus" means a vehicle designed to transport more than 15 passengers, including the driver. Education Code 34.003; Transportation. Code 541.201 7. "Motor vehicle" means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. The term does not include an electric bicycle or an electric personal assistive mobility device, as defined by Texas Transportation Code 551.201(11). Bus Operation A school bus may not be operated if: 1. The door of the school bus is open; or 2. The number of passengers on the bus is greater than the manufacturer's design capacity for the bus. Student Transportation The Board of Trustees may contract for all or any part of its public school transportation with a mass transit authority or commercial transportation company, provided that the authority or commercial transportation company: 1. Requires its school bus drivers to have the qualifications required by and be certified in accordance with standards established by the Department of Public Safety; 2. Transports 15 or more students only in school buses or mass transit authority buses that meet or exceed safety standards for school buses established under Education Code 34.002; 3. Conducts all the following education programs with Board approval: a. A program to inform the public that public school students will be riding on the authority's or company's buses; b. A program to educate drivers of the buses to be used under the contract of the special needs and problems of public school students riding on the buses; and c. A program to educate public school students on bus riding safety and any special considerations arising from the use of the authority's or company's buses. School Activities When transporting students in connection with school activities: 1. Only school buses or motor buses may be used to transport 15 or more students; and 2. Passenger cars or passenger vans may be used to transport fewer than 15 students. Education Code 34.003(b)(1), (2) Resolution 10-t5 Page 3 of 5 Drivers The operator of a passenger car or passenger van used to transport students to school or to a school activity shall ensure that the number of passengers does not exceed the designed capacity of the vehicle and that each passenger is secured by a safety belt. Education Code 34.003(c) 1. Drivers will be fully licensed and shall not be under the influence of any substance that may alter their ability to drive. 2. Drivers will meet all applicable staff qualifications including a satisfactory criminal history and motor vehicle record check (MVR). 3. Drivers will obey all traffic regulations. 4. The driver shall not be included in the child: staff ratio. Drivers must not be distracted from safe driving practices by being simultaneously responsible for the supervision of children. 5. The Driver will be familiar with the planned route ahead of time. 6. Drivers must be authorized by Westlake Academy prior to operating any Academy-owned, leased, or rented vehicle. Approval of all drivers will be based on established administrative criteria and guidelines. 7. Operational procedures governing the use and maintenance of Academy-owned, leased, or rented vehicles will be based on established administrative criteria and guidelines. Transportation Safety Westlake Academy shall meet or exceed the safety standards for school buses established by the U.S department of Transportation and the Texas Department of Public Safety (DPS), with the advice of TEA. Safety Standards Westlake Academy may not require or allow a child to stand on a moving bus or passenger van. Education Code 34.004 An operator of a school bus, while operating the bus, shall prohibit a passenger from: 1. Standing in the bus; or 2. Sitting: a. on the floor of the bus, or b. in any location on the bus that is not designed as a seat. Transportation Code 545.426 An operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone, unless: 1. The vehicle is stopped; or 2. The wireless communication device is used with a hands-free device. An operator may not use a wireless communication device while operating a passenger bus with a minor passenger on the bus unless the passenger bus is stopped. Transportation Code 545.425 Resolution 10-!5 Page 4 of 5 Seat Belts A bus, including a school bus and a school activity bus, operated by or contracted for use by Westlake Academy for the transportation of school children shall be equipped with a three-point seat belt for each passenger, including the operator. This requirement applies to: 1. Each bus purchased by Westlake Academy on or after September 1, 2010, for the transportation of school children; and 2. Each school-chartered bus contracted for use by Westlake Academy on or after September 1, 2011, for the transportation of school children. Westlake Academy is required to comply with this requirement only to the extent TEA pays or commits to pay Westlake Academy for expenses incurred in complying with the requirement. Transportation Code 547.701(e)—(f) Westlake Academy shall require a student riding a bus operated by or contracted for operation by Westlake Academy to wear a seat belt if the bus is equipped with seat belts for all passengers on the bus. Westlake Academy may implement a disciplinary policy to enforce the use of seat belts by students. Education Code 34.013 Resolution 10-15 Page 5 of 5