NOVEMBER 15 2012 ( ) ACTION REQUIRED (X) INFORMATIONAL

November 15, 2012 ( ) Action Required

(X) Informational

MEMORANDUM NO. 071-12M STUDENT TRANSPORTATION

TO: Educational Service District Superintendents

Chief School District Superintendents

Assistant Superintendents for Business and/or Business Managers

School District Transportation Administrators

Regional Transportation Coordinators

FROM: Randy I. Dorn, State Superintendent of Public Instruction

RE: School District Policy Exempting Stops at Rail Grade Crossings

CONTACT: Glenn Gorton, (360) 725-6120, [email protected]

Agency TTY: (360) 664-3631

Washington Administrative Code 392-145-070 Rail grade crossings, reads in part:

The following requirements apply to drivers of school buses during rail grade crossings:

1. All school buses shall stop at all rail grade crossings except:

3. Where local regulations or school district policy expressly prohibit stopping.

The basis for the provision in (1)(c) above is Revised Code of Washington 46.61.350 “Certain vehicles must stop at all railroad grade crossings — exceptions — definition” which reads in part:

3. This section does not apply at any railroad grade crossing where:

7. The superintendent of public instruction has, by rule, identified a circumstance under which a school bus or private carrier bus carrying any school child or other passenger is not required to stop.

Recently, the Washington State Utilities and Transportation Commission (UTC) requested clarification from the Attorney General’s Office if the Commission had “the authority to approve the installation of “Exempt” signs at highway-railroad grade crossings on mainline railroads, or is UTC’s authority limited to industrial and spur lines?” The answer was in the form of a memorandum, not an official Attorney General opinion and is attached to this memorandum for your reference. However, the summary answer provided in the memo reads:

“UTC authority to approve the installation of “Exempt” signs at highway-railroad grade crossings is limited to industrial or spur lines, except perhaps in extremely limited circumstances.”

MEMORANDUM NO. 071-12M ST

Page 2

November 15, 2012

The Office of Superintendent of Public Instruction (OSPI) is concerned that this limitation on the authority of the UTC to exempt rail grade crossings (based on historical precedent) creates uncertainty regarding possible limitations on the ability of school districts to exempt their school buses from stopping at rail grade crossings. Given this uncertainty, OSPI recommends that school districts review any rail grade crossing that the district has determined as exempt and evaluate the crossing to determine if it falls within the limited parameters. In the case of mainline railroad crossings, districts should carefully reconsider if the crossing falls within the type of “extremely limited circumstances” described in the Attorney General’s memo.

OSPI is also concerned that the rail grade crossings that are exempt by school board policy typically do not have an “Exempt” sign posted at the crossing. This may create some confusion, including the chance that a law enforcement officer may observe a school bus crossing such a rail grade without stopping and issuing the driver a citation. Upon appeal, the court involved might reasonably throw out the citation. However, since the penalties involved for the driver of a school bus failing to stop at a rail grade crossing are significant (including a 60-day loss of commercial driving privileges for the initial violation), OSPI recommends that districts exempting rail grade crossings work with local law enforcement and the appropriate road authority to clarify the status of each such exempted rail grade crossing. Some districts provide a copy of the board action for the driver to carry with them on the bus.

Due to these concerns, OSPI is requesting that all school districts that have taken action to exempt rail grade crossings, review their process to ensure that the exemption has been expressly made by the school board of directors and not by means of delegated authority to school district transportation managers or other individual employees. Student safety should be the primary focus of any decision regarding rail grade crossings. The potential for catastrophic loss of life in any train‒school bus collision is such that the number of school board determined exempt rail grade crossings should be minimized.

There are a number of stakeholders seeking modification of the rail grade crossing regulations. OSPI will keep school district transportation managers informed of any pending legislation and the potential impacts on local policy.

Other questions concerning this memorandum may be directed to Glenn Gorton, Program Supervisor for Student Transportation, at (360) 725-6120, or at [email protected]. The agency TTY number is (360) 664-3631.

This information is also available at www.k12.wa.us/bulletinsmemos/ on the agency Web site.

K‒12 FINANCIAL RESOURCES

JoLynn Berge Allan J. Jones

Chief Financial Officer Director

Student Transportation

Attachment 1 – Attorney General Memorandum

OSPI provides equal access to all programs and services without discrimination based on sex, race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability.  Questions and complaints of alleged discrimination should be directed to the Equity and Civil Rights Director at (360) 725-6162 or P.O. Box 47200 Olympia, WA 98504-7200.