SB 253
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
Senate Bill 253 (Senator Elfreth)
Judicial Proceedings
Vehicle Laws - School Bus Safety - Occupant Capacity
This bill requires a school bus to be routed with the intent that the number of pupils on the
bus does not exceed the manufacturer’s rated seating capacity for the bus. If an emergency
or other temporary situation causes the number of pupils on a bus to exceed the seating
capacity of the bus, the situation must be corrected within a reasonable period of time. The
bill takes effect July 1, 2021.
Fiscal Summary
State Effect: None.
Local Effect: Local expenditures for student transportation services may increase in
certain local school systems. Revenues are not affected.
Small Business Effect: Potential meaningful. Private contractors that provide student
transportation services for public schools may experience increased business if local school
systems implement the bill’s requirement by using additional buses to transport students.
Analysis
Current Law: The driver of a school bus is responsible for its operation and may not drive
it into a roadway without first stopping and determining that there is no danger from any
other vehicle. The person responsible for any pupils on a school bus is a teacher on the bus
or, if no teacher is present, the driver. The person responsible may not permit the number
of standing pupils on the bus to exceed one pupil for each part of the aisle that is bounded
on both sides by forward facing seats.
HB 1226/ Page 1
Local Expenditures: Some local school systems already comply with the bill’s
requirement under their current student transportation policies, while other school systems
indicate that their current policy allows one student to be standing in the middle of each
row of seats, which is authorized under current law.
The Maryland State Department of Education (MSDE) indicates that local school systems
exercise judgement in deciding how many students are actually transported in school buses.
Due to the variation of size and age of students, the number of students that are transported
in a school bus may exceed the manufacturer’s seating capacity. MSDE emphasizes that
local school systems continually strive to make sure that students are properly and safely
seated facing forward. MSDE estimates that the bill’s requirement will have an impact on
local school system operations by requiring additional buses to be purchased and additional
drivers to be obtained in the event that the number of students on the school bus exceeds
the seating capacity. Anne Arundel County Public Schools echoes these concerns by
indicating that the bill’s requirement may reduce the overall operating capacity of existing
school buses thereby requiring the need for additional school buses in order to transport
the same number of students.
The local school systems in Baltimore City and Frederick, Prince George’s, St. Mary’s,
and Wicomico counties indicate that the bill’s requirement will not impact local school
operations or finances.
For local school systems that do allow students to stand while the school bus is moving,
local school expenditures will increase to either purchase and operate additional school
buses, or increase the number of school buses contracted to transport students. Although
the precise cost for each local school system cannot be reliably estimated, the total cost
may be significant, depending on how many additional buses are needed. MSDE indicates
that the cost of a traditional diesel-powered school bus can start around $90,000. In
addition, local school systems may face additional personnel cost due to the need to hire
additional school bus drivers. The total fiscal impact will depend on the negotiated salary
agreements in each local school system.
Additional Comments: Local school systems spent $637.3 million on student
transportation services in fiscal 2018 (the most recent year for which data was available),
as shown in Appendix 1. On a per pupil basis, statewide student transportation costs
averaged $688, with the per pupil amount ranging from $448 in Frederick County to $1,184
in Garrett County. Three other local school systems (Charles, Somerset, and Worcester)
had per pupil student transportation costs exceeding $1,000.
Approximately 650,000 public school students receive transportation services. Local
school systems in six counties (Baltimore, Frederick, Montgomery, Prince George’s,
Talbot, and Washington) primarily use government-owned school vehicles to transport
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students; whereas, two local school systems (Caroline and Kent) use a combination of
government-owned and private contractors. Local school systems in the other jurisdictions
primarily use private contractors to transport students. In total, local school systems use
over 7,200 school vehicles for student transportation services.
Additional Information
Prior Introductions: HB 1226 of 2020 passed the House and was referred to the Senate
Judicial Proceedings Committee, but no further action was taken.
Designated Cross File: HB 87 (Delegate D. Jones, et al.) - Environment and
Transportation.
Information Source(s): Maryland State Department of Education; Maryland Department
of Transportation; Baltimore City Public Schools; Anne Arundel County Public Schools;
Montgomery County Public Schools; Prince George’s County Public Schools;
Frederick County Public Schools; Wicomico County Public Schools; St. Mary’s County
Public Schools; Department of Legislative Services
Fiscal Note History: First Reader - January 13, 2021
an/hlb
Analysis by: Eric F. Pierce Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 253/ Page 3
 Appendix 1
Student Transportation Statistics-Maryland Public Schools
Number of Vehicles Total Miles Traveled Pupils Eligible for Transportation Transportation Costs
School System Public Contracted Total Nondisabled Disabled Total Nondisabled Disabled Total Total Amount
Allegany 19 85 104 1,144,512 379,584 1,524,096 5,374 245 5,619 $5,921,892
Anne Arundel 54 571 625 8,578,891 3,120,510 11,699,401 61,399 1,952 63,351 56,750,072
Baltimore City 36 398 434 2,136,194 492,962 2,629,156 29,931 2,980 32,911 47,046,560
Baltimore 670 138 808 10,345,431 5,091,900 15,437,331 80,036 3,980 84,016 69,316,982
Calvert 0 140 140 2,294,382 1,039,986 3,334,368 15,132 346 15,478 14,430,714
Caroline 23 35 58 801,289 176,288 977,577 4,745 100 4,845 4,172,816
Carroll 0 259 259 3,437,125 1,857,947 5,295,072 24,036 487 24,523 21,629,306
Cecil 10 143 153 2,130,694 479,062 2,609,756 13,940 263 14,203 10,745,460
Charles 4 285 289 4,681,416 2,541,322 7,222,738 23,789 845 24,634 27,650,247
Dorchester 8 49 57 772,236 217,591 989,827 4,145 113 4,258 3,882,282
Frederick 355 0 355 4,882,992 2,724,858 7,607,850 29,249 1,073 30,322 21,666,212
Garrett 0 62 62 789,480 182,130 971,610 3,782 44 3,826 4,116,990
Harford 97 334 431 5,433,816 2,174,665 7,608,481 31,643 901 32,544 31,633,212
Howard 0 468 468 2,971,080 2,429,100 5,400,180 41,989 1,709 43,698 39,011,564
Kent 18 10 28 415,413 128,257 543,670 1,630 27 1,657 1,954,490
Montgomery 1,191 0 1,191 10,546,110 9,611,959 20,158,069 98,625 5,930 104,555 115,706,066
Prince George’s 1,025 8 1,033 11,779,757 7,938,167 19,717,924 82,406 4,733 87,139 103,469,529
Queen Anne’s 14 73 87 1,603,667 489,600 2,093,267 7,642 107 7,749 7,115,765
St. Mary’s 13 190 203 2,988,225 1,149,403 4,137,628 17,437 467 17,904 16,752,171
Somerset 0 32 32 664,081 115,254 779,335 2,746 85 2,831 3,074,050
Talbot 41 0 41 707,709 174,889 882,598 4,344 74 4,418 2,689,705
Washington 142 51 193 2,360,569 808,199 3,168,768 19,194 545 19,739 12,246,269
Wicomico 22 106 128 1,754,376 319,308 2,073,684 12,679 194 12,873 9,408,765
Worcester 0 69 69 1,512,469 141,389 1,653,858 6,248 107 6,355 6,886,663
Total State 3,742 3,506 7,248 84,731,914 43,784,330 128,516,244 622,141 27,307 649,448 $637,277,781
Note: Data for number of school vehicles, miles traveled, and students transported is from fiscal 2019. Student transportation costs is from fiscal 2018.
Source: Maryland State Department of Education; Department of Legislative Services
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Statutes affected:
Text - First - Vehicle Laws - School Bus Safety - Occupant Capacity: 21-1118 Transportation