busheatinfo

The "reply" sent to me by Duval County Public Schools (DCPS) clearly negates responsibility, while clearly acknowledging a problem exists, concerning children riding buses when the heat index rises to levels considered to be in a catagory of "danger" or "extreme danger". Please review the following attached Florida Statute concerning abuse of children......

The 2007 Florida Statutes

Title XLVI
CRIMES

Chapter 827
ABUSE OF CHILDREN

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827.03 Abuse, aggravated abuse, and neglect of a child; penalties.--

(1) "Child abuse" means:

(a) Intentional infliction of physical or mental injury upon a child;

(b) An intentional act that could reasonably be expected to result in physical or mental injury to a child; or

(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) "Aggravated child abuse" occurs when a person:

(a) Commits aggravated battery on a child;

(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or

(c) Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.

A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) "Neglect of a child" means:

1. A caregiver's failure or omission to provide a child with the care, supervision, and services necessary to maintain the child's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or

2. A caregiver's failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.

Neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.

(b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) For purposes of this section, "maliciously" means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.

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As we can see in (1) (b) & (c), there is clear definition of what constitutes this crime. It is reasonable to assume that throughout this week we could have such high heat index events

Local Forecast

a 94F day, after a shower with say 75% humidity could EASILY reach a heat index of 125F. In high heat humidity could be even greater, which not could, but can and will cause great physical stress to anyone exposed to it. It is well known that children are at higher risk, and there is NO DENIAL that anyone who would willfully and knowingly expose a child to these conditions does so knowing they are putting children at risk. The National Weather Service and CDC recognize this danger, and it is even stated by the Federal Government that this danger is NOT mitigated by having open windows in vechiles. The added, well known exposure to road generated exhaust fumes further adds risk, as does the well documented direct impact of heat on violent behavior. This endangers everyone who rides with no a/c.

Now, as can be seen below, it is mandated by Statute that required transportation be "safe".

It is clear that exposure to excessive heat is NOT safe, even if it is as rare or "uncomfortable" as DCPS would have us believe.

K-20 EDUCATION CODE

Chapter 1006
SUPPORT FOR LEARNING

View Entire Chapter

1006.21 Duties of district school superintendent and district school board regarding transportation.--

(1) The district school superintendent shall ascertain which students should be transported to school or to school activities, determine the most effective arrangement of transportation routes to accommodate these students; recommend such routing to the district school board; recommend plans and procedures for providing facilities for the economical and safe transportation of students; recommend such rules as may be necessary and see that all rules relating to the transportation of students approved by the district school board, as well as rules of the State Board of Education, are properly carried into effect, as prescribed in this chapter.

(2) After considering recommendations of the district school superintendent, the district school board shall make provision for the transportation of students to the public schools or school activities they are required or expected to attend; authorize transportation routes arranged efficiently and economically; provide the necessary transportation facilities, and, when authorized under rules of the State Board of Education and if more economical to do so, provide limited subsistence in lieu thereof; and adopt the necessary rules to ensure safety, economy, and efficiency in the operation of all buses, as prescribed in this chapter.

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Further, under section 1, article IX of the Florida Constitution, students are entitled to a "safe and secure" system of education. The bus ride home is part of that system and as such is a right as guaranteed by law.

Below are two of the first hits on the web under high velocity 12 volt fans. 5 million is what DCPS says it would take to retrofit the 700 buses without a/c in Jax. I further see the ability of these bus contractors to transfer buses with a/c from states up north down here and our "no a/c" buses to Idaho and Washington State and Maine and Upstate New York. They, the contractors and DCPS, have the ability to make some changes and not spend near what the quote as the dollar solution.

If DCPS thinks they need to spend 5 mil to correct this problem they are unsound in fiscal terms and need to resign from their jobs.

Lets not waste time and money and resources finding a solution to something DCPS needs to fix anyway. Let's just get this thing done.

Cordially Human,

Skot David Wilson

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