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H 3167

Handicapped student information for school bus safety

2025-2026 Regular Session Introduced by Cody Mitchell and 2 co-sponsors

Require districts to give bus drivers transporting handicapped students a concise health/behavior summary, enabling safer on-bus responses.

Referred to Committee on Education and Public Works
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Bill Summary · H 3167

Bill Summary — H 3167: Handicapped student information for school bus safety

Note on source material
- The materials provided mix text from two different bills/jurisdictions (a Massachusetts House filing on residential/senior tax exemptions and a South Carolina amendment to S.C. Code §59‑67‑520 regarding transportation of handicapped students). This summary focuses on the provisions that match the supplied title (“Handicapped student information for school bus safety”) — i.e., the South Carolina amendment — and flags the discrepancy.

Main purpose

To require school districts to provide school bus drivers who transport handicapped students with summaries of personally identifying health or behavioral information (protected under HIPAA/Federal education privacy rules) when that information could affect the health or safety of the handicapped student or other students on the bus. The bill recognizes such drivers as having a “legitimate educational interest” in that information.

Key provisions

  • Adds a new subsection to S.C. Code §59‑67‑520:
    • Affirms the State Department of Education’s responsibility to provide transportation to handicapped students (existing provision retained).
    • States that a school bus driver transporting a handicapped student “has a legitimate educational interest” in personally identifying information protected by HIPAA or FERPA that concerns behavior or health which could impact onboard health or safety.
    • Requires the school district to provide a summary of such information to the driver (the text specifies “a summary,” not full records).
  • Effective date: upon approval by the Governor.

Who is affected

  • Primary: school bus drivers transporting handicapped students and school districts responsible for special education transportation.
  • Secondary: handicapped students receiving district transportation, their parents/guardians, school administrators, and the State Department of Education.
  • Potential impacts on privacy officers, special education coordinators, and legal counsel who must create procedures and documentation.

Procedural / timeline status (as provided)

  • Prefiled: 12/05/2024
  • Introduced / read first time: 01/14/2025
  • Referred to Committee on Education and Public Works (dates shown 12/05/2024 and 01/14/2025)
  • Hearing scheduled: 06/16/2025 (01:00 PM–05:00 PM)
  • Listed as taking effect upon the Governor’s approval.

Implementation considerations and issues

  • Privacy law interaction: the bill references HIPAA (text spells it “HIPPA”) and FERPA. In practice, many student records are governed by FERPA and federal education-law interpretations; HIPAA generally does not apply to most school records. Districts will need clear legal guidance on when and how summaries may be shared lawfully.
  • Definition/thresholds needed: the bill does not define “legitimate educational interest,” what qualifies as information that “could impact” safety, or the required content/format of the mandated summaries. Districts will need protocols, consent/notification practices, staff training, and recordkeeping standards.
  • Liability and training: providing behavioral/health summaries to drivers raises training, confidentiality, and liability questions (e.g., managing behavioral incidents, emergency responses).
  • Operational burden: school districts will need processes to create summaries promptly and securely for drivers, potentially requiring additional administrative resources.

Conclusion

H 3167 would obligate school districts to provide school bus drivers who transport handicapped students with summaries of personally identifying health or behavioral information when that information could affect safety on the bus. The bill aims to improve on‑bus safety/preparedness but will require implementation guidance to reconcile education and health privacy laws and to establish clear procedures for what summaries contain and how they are shared.

Compiled from official sources — confirm details with the bill’s official record.

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