HB 861: RELATING TO TRANSPORTATION.

A BILL FOR AN ACT

RELATING TO TRANSPORTATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     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 before 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 contractors 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 before 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 on July 1, 3000.

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.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to transportation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     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.

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.

STAND. COM. REP. NO.  578

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 861

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Education, to which was referred H.B. No. 861 entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

     The purpose of this measure 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.

     Your Committee received testimony in support of this measure from the Department of Transportation; Hawaiʻi State Teachers Association; Democratic Party of Hawaiʻi Education Caucus; Oahu Metropolitan Planning Organization; Hawaiʻi Children's Action Network Speaks!; and five individuals.  Your Committee received testimony in support of the intent of this measure from the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.  Your Committee received comments on this measure from the Department of Education.

     Your Committee finds that reliable student transportation is a critical component of ensuring equitable access to education for all students in the State.  Your Committee notes that in recent years, disruptions in school bus services have severely impacted families and communities, leaving students stranded and unable to attend school consistently.

     Your Committee 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.  Your Committee believes that 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.

Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 861, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 861, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Education,