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HB861
HOUSE OF REPRESENTATIVES
H.B. NO.
861
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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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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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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The
legislature recognizes that designating student transportation as a critical
service is essential to prioritizing its management and oversight.
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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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Accordingly,
the purpose of this Act is to:
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(1)
�
Designate student
transportation as critical infrastructure and a critical service for Hawaii's
public education system
;
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(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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(3)
�
Require school bus contracts to include proactive
planning and oversight mechanisms to prevent service disruptions and enhance
contractor accountability.
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SECTION
2
.
�
Section 302A-406, Hawaii Revised Statutes, is
amended to read as follows:
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"
�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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(b)
�
Student transportation shall be designated as
critical infrastructure and a critical service of the public education system.
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[
(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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SECTION
3
.
�
Section 302A-407, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
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"(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)[
.
]
;
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(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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(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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(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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(5)
�
A provision establishing penalties for
noncompliance, including withholding payments and termination of the contract
for repeated violations;
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(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
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(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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SECTION
4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 5.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
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.