SB 448
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 448 (Senator Edwards)
Education, Health, and Environmental Affairs Ways and Means
County Boards of Education - Student Transportation - Vehicles and Report
This bill authorizes a county board of education to provide transportation for specified
public school students to and from school using a vehicle other than a Type I or Type II
school vehicle when a school vehicle cannot reasonably be provided. The Maryland State
Department of Education (MSDE) must consult with county boards of education and the
Motor Vehicle Administration to adopt regulations establishing minimum vehicle and
driver safety standards for alternate student transportation under the bill.
The bill also broadens the definition of nonpublic school with respect to the transportation
of students to mean any elementary or secondary school in the State that is not part of the
public elementary and secondary education system. Local school systems must report to
MSDE on the provision of student transportation in accordance with the bill’s changes by
September 1, 2025; MSDE must compile the reports (in addition to other specified
information) and submit a report to the General Assembly by December 1, 2025. The bill
takes effect July 1, 2021, and terminates June 30, 2026.
Fiscal Summary
State Effect: The bill’s requirements can be handled with existing budgeted resources.
Local Effect: Local expenditures for student transportation services may decrease in
certain local school systems. Local boards of education can consult with and report to
MSDE using existing budgeted resources. Revenues are not affected.
Small Business Effect: Potential meaningful. Transportation companies may experience
increased business from contracting with local school systems to transport students under
the bill.
HB 1226/ Page 1
Analysis
Bill Summary: The bill alters the definition of “contracting agency” to clarify that an
entity providing transportation in accordance with the bill’s changes is subject to provisions
of State law that require an applicant for a position involving direct contact with minors to
provide specified information prior to beginning employment.
The bill’s authorization to transport students using a vehicle other than a Type I or Type II
school vehicle applies for (1) preschool-age students; (2) students with disabilities;
(3) homeless youth; (4) children in foster care; (5) students without access to school buses;
(6) students in a nonpublic school placement; or (7) students in dual enrollment programs
or work programs or other educational programs based off the school campus. A county
board may provide transportation to a different student group, as well, through a written
determination by the board.
Reporting Requirement
By September 1, 2023, each local school system must submit a report to MSDE on the
provision of student transportation to and from school using Type I or Type II school
vehicles (or other vehicles in accordance with the bill’s changes) for the five-year period
from the 2018-2019 school year through the 2022-2023 school year, including:
the types of vehicles used and the owner of the vehicles;
the number of contractors used to provide transportation in (1) Type I or Type II
school vehicles and (2) other vehicles authorized under State law;
the number of county transportation employees with benefits employed by the
county board each year and whether these employees decreased as a result of the
bill; and
the types of public school students transported in other vehicles as authorized by the
bill.
By December 1, 2023, MSDE must compile the required reports and submit a report
(including a copy of adopted regulations) to the General Assembly.
Current Law: MSDE generally requires Type I and Type II school vehicles to be used to
transport students to and from school and school related activities when local school system
sponsored transportation services are provided. However, MSDE does allow other vehicles
to be used if (1) the vehicle is a taxicab; (2) only one student is transported; or (3) the
vehicle used is a commercial motor coach. Additionally, another vehicle may be used if a
county board of education submits a waiver to the State Superintendent of Schools and
SB 448/ Page 2
receives special approval in writing. MSDE receives an average of 10 waiver requests each
year.
Type I and Type II school vehicles are yellow school buses.
Local Expenditures: Local school expenditures for student transportation services may
decrease to the extent that local school systems utilize nonschool vehicles to transport
certain public school students. The additional flexibility provided by the bill will enable
local school systems to utilize less costly ways to transport students in unique situations.
In addition, local school expenditures will decrease in situations where very few students
are being transported by school bus and could all fit safely into a smaller, less expensive
vehicle. MSDE indicates that the cost of a traditional diesel-powered school bus can start
around $90,000.
MSDE indicates that this bill will allow local school systems to purchase and use vehicles
other than traditional school buses to transport students to and from school. MSDE has had
a long-standing prohibition on the use of nonschool vehicles to transport public school
students unless they meet certain requirements as established in COMAR. According to
MSDE, nonschool vehicles do not meet the safety standards found under the federal motor
vehicle safety standards and regulations that pertain to school vehicles. Additionally, these
vehicles would not be covered under existing State regulations pertaining to school bus
inspections. Furthermore, since drivers of nonschool vehicles are not required to possess a
commercial driver license, public schools may be able to bypass a number of federal, State,
and locally mandated requirements. MSDE advises that without a commercial driver
license, drivers of nonschool vehicles may not receive specialized driver training, a
criminal background check, a periodic medical fitness examination, drug and alcohol
testing, or ongoing checks for driving violations.
Additional Comments: Local school systems spent $637.3 million on student
transportation services in fiscal 2018 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
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.
SB 448/ Page 3
Additional Information
Prior Introductions: HB 1234 of 2020, as amended, passed the House and was referred
to the Senate Education, Health, and Environmental Affairs Committee, but no further
action was taken.
Designated Cross File: HB 72 (Delegate Anderton) - Ways and Means.
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 - February 8, 2021
rh/hlb Third Reader - March 23, 2021
Revised - Amendment(s) - March 23, 2021
Enrolled - May 10, 2021
Revised - Amendment(s) - May 10, 2021
Analysis by: Eric F. Pierce Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 448/ Page 4
Appendix 1
Student Transportation Statistics
Maryland Public Schools
Transportation
Number of Vehicles Total Miles Traveled Pupils Eligible for 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
SB 448/ Page 5
Statutes affected: Text - First - County Boards of Education - Student Transportation - Vehicles: 11-154 Transportation, 13-937 Transportation, 22-412.2 Transportation, 7-801 Education
Text - Third - County Boards of Education - Student Transportation - Vehicles and Report: 11-154 Education, 13-937 Education, 22-412.2 Education, 7-801 Education, 7-801 Education, 2-024 Education
Text - Enrolled - County Boards of Education - Student Transportation - Vehicles and Report: 11-154 Transportation, 13-937 Transportation, 22-412.2 Transportation, 6-113.2 Education, 7-801 Education, 20-242025 Education, 7-801 Education, 2-024 Education
Text - Chapter - County Boards of Education - Student Transportation - Vehicles and Report: 2-026 []