Facts About the New 2008 Driving Law for Minnesota Type III Bus Drivers

Published 10-07-2008

A new law prevents deaf and hard of hearing school employees and other drivers who are unable to pass the state physical from driving students as part of their jobs. The new law adds many new requirements for school employees who drive Type III vehicles (cars and minivans). Schools, organizations and individuals have called our office and told us that many of their school activities had to be cancelled because of this new restriction. Thanks to Linda Mitchell of the Minnesota State Academy for the Deaf who has done a lot of work on this.

Why was the law passed? In 2007 a hearing driver transported a young deaf teen to school. The driver was under the influence of drugs, got into an accident and both the deaf girl and the driver died. Legislators looked at the old law and decided to tighten the rules to make sure that kids were safer. They applied many of the same rules that were in place for drivers of big buses to drivers of small vehicles. Minnesota Statute 169A.03, subdivision 23 was created to prevent the death and injury of students. If this law had been in place, many believe that the girl who died would probably still be alive.

What does the law require? The law requires that anyone transporting children as part of their ‘normal’ duties:

• receives annual training and certification in safe operation of a school bus.
• has a criminal background check.
• may be subject to drug/alcohol testing.
• has annual verification of operators’ driver’s license.
• is prohibited from using a cell phone while driving.
• has a physical exam (which includes a hearing test).

The Problem: The law requires that people pass a physical, which in Minnesota includes a hearing test. Other people with disabilities or chronic illnesses will not be able to drive Type III vehicles either. Many other groups are upset by this too. School districts are upset because they have lost skilled drivers and many activities need to be cancelled. Many drivers are upset because they have lost their jobs. Parents are upset because they are being asked to volunteer to drive.

Did the legislature plan to prevent Deaf people from driving? No. The goal of the bill was to keep kids safe. The effect on deaf people was not intentional. The chief author of the bill, Senator Olseen and state officials did not realize that the hearing test was part of the physical exam. They also did not consider that people with disabilities would be affected.

Is there any way that people who are deaf and hard of hearing can drive Type III vehicles before the law is changed? Unfortunately, no. It is a hardship for the schools, parents, drivers and the kids. We will work to change this next legislative session.

Why didn’t we know it was a problem before October? No one knew it was a problem until last week. The Minnesota Department of Education wrote a memo in June 2008 telling schools that the law would only affect people who were full time bus drivers. Later in August 2008 the Minnesota Department of Safety disagreed with MDE and said that all employees who are required to drive as a part of their ‘normal duties’, stop driving. MCDHH then called the Department of Public Safety in the first week in August and they told us that they would give a waiver to deaf people. Then two weeks ago MCDHH was told that DPS could not give a waiver without a change in the law. A week ago Friday leaders from state agencies and the Governor’s office met with the Minnesota School Board Association to see if there was any flexibility in the law. Last Monday, September 29th, we were told that there is no flexibility.

What will happen next? MCDHH will work with all schools and community organizations and members who are affected, the Department of Public Safety, legislators and other stakeholders to help to change the bill next session so there is a waiver in place for drivers who are deaf and hard of hearing who transport students who are deaf, hard of hearing and deafblind. We will hold a meeting with Minnesota Association of Deaf Citizens, Metro Deaf School, and the Minnesota State Academy for the Deaf, North Star Academy and other stakeholders after November 4 (ELECTION DAY) to start planning for legislation for next year. Officials from the Department of Public Safety, the Minnesota Department of Transportation and Senator Olseen have offered to attend. MCDHH obtained a waiver for drivers who are deaf who drive truck in Minnesota many years ago. We did it before, we can do it again.