AUGUST 2026
By Peter Mannella
It’s an understatement to say that there is much going on in our nation’s capital. Issues affecting education, education funding, clean air, CDL rules and more have a direct or proximate impact on our work as transportation safety leaders.
This update contains several items related to activity within the US Education Department, which is undergoing existential change as the Administration seeks to close it down. Not all of these issues affect our day-to-day work but they do affect the schools of which we are an integral part.
It also contains information on initiatives and issues emanating from the EPA, the Federal Communications Commission, FMCSA and the Office of Management and Budget. Transportation services are affected by a wide range of government entities!
Our belief as a professional association is that we need to be aware of the environment in which we work, and that environment is getting more complicated and subject to change. Working with our colleagues at AASA (The Superintendents’ Association), we will do our best to inform, to explain and to support your efforts to navigate change and to be a solid partner with your school leadership.
‘Elimination’ of USED
The process of dismantling the Education Department continues with the introduction of legislation in Congress that would make changes taken by the Education Secretary permanent. The administrative actions taken to date were made pursuant to an Executive Order of the President. Such orders are often subject to change when a new president takes office. If passed, the law would take another act of Congress to reverse.
While there is no immediate impact on school transportation, there are potential issues for special education with the permanent transfer of some IDEA activities into the Department of Health and Human Services. (See related item on IDEA)
In addition, we are covering this development in our belief that transportation professionals should be aware of actions and policies that affect our schools and school finances. We encourage our members to read more about these developments and to discuss them with school colleagues to understand the impacts and adjustments that might be needed in the face of change.
USED Investigating Sexual Abuse in Schools
In a recent letter to school districts and state agencies nationwide, the Education Department renewed its intention to strictly enforce provisions of ESEA and Title IX that protect children from inappropriate and abusive sexual contact and behavior.
The “Dear Colleague” letter made clear that districts were at risk of investigations, prosecutions and loss of federal funding if they did not take all necessary steps to ensure the safety of their children.
The letter suggests that many districts are sweeping cases under the rug and that unions are also complicit in ignoring or excusing such behavior. While no detailed research documenting such instances was presented (except for anecdotal information), the message to our districts is that they need to document cases and follow through on them aggressively.
As our colleagues at AASA point out, this also makes it important for schools to review policies, reporting practices and staff training to familiarize employees with the law and their responsibilities under the law. We note that there have been instances where drivers or aides have been involved in such actions; we need to be aware and assertive in preventing such incidents from happening.
NAPT would add that transportation staff, including bus drivers and aides, should always be included in such training. Districts, including transportation supervisors, should also be aware of and comply with related individual state laws as well.
Many States Failing to Meet Standards
In a recently issued report on IDEA Compliance, the US cited more than half the states in the nation as needing ‘assistance’ or ‘intervention’ to meet their obligations to students with disabilities.
There were only 20 states that were classified as meeting the standards set out in IDEA and by the Office of Special Education Programs (OSEP).
According to USED, the Annual Performance Reports for IDEA Part B and Part C include indicators that measure child and family results, as well as other indicators that measure compliance with the requirements of the IDEA. The reports also generate improvement plans developed by each state to address gaps in service and results.
NAPT suggests that our members learn more about this issue and encourages members to engage with their school leadership on this. That will help ensure that transportation activities are following the law and that their own efforts support districtwide efforts to satisfy the requirements.
Special Education Changes
After promising to move oversight of the IDEA program out of the Education Department (as part of a larger plan to abolish the department), Education Secretary McMahon has announced an agreement with the Department of Health & Human Services (HHS) to move management of IDEA to HHS. In a related announcement, the Secretary shared that the work of the Office of Civil Rights would be handled by the Department of Justice. That office historically has heard complaints and legal cases arising from discrimination or denial of services.
We remain focused on the potential implications of this change. We hear that the day-to-day functions of the Office of Special Education will simply be transferred over to HHS and that many of the staff associated with those functions will be re-located to HHS. This sounds like an interim situation leading eventually to full shift of IDEA to HHS.
The change raises some questions and challenges for us in transportation. These include being religious about or procedures for identifying and documenting services to students with IEPs whose services might draw federal reimbursement. As things change, we cannot afford to be inconsistent or lax in that work, and we need to coordinate our work with our special education and school business officials.
It also raises questions about our ability to draw funds from other sources including Head Start and Title I. Many districts have learned how to capitalize on such sources and NAPT will work on identifying several of those districts to share their actions and initiatives with our members.
At the end of the day, the transfer to HHS may not have a significant effect on school transportation, but our focus will be to ensure that students who need and deserve our services are able to access them and that we are able to deliver them safely and efficiently.
NAPT seeks to keep you informed and advised on a timely basis. We will rely on our relationship with AASA to ensure the integrity of our information. We also thank members like Alex Robinson, Sue Shutrump, Linda Bluth and our Special Needs
committee whose expertise and experiences bring valuable insights to our work and education.
NOTE: as of this writing, bi-partisan legislation has been introduced in the Senate that would prohibit the transfer of IDEA and other elements of the Education Department to other agencies.
FCC AND E-RATE
E-Rate “Review” Issue
The Federal Communications Commission has issued a Notice of Proposed Rulemaking related to the E-Rate program. This is not their first time making changes to the program since the new chairperson assumed the office in 2025. See link to AASA blog about the issue as well as the Notice from the FCC and the actual text of the NPRM.
We have advocated in the past for the application of the E-Rate for Wi-Fi on school buses. That has recently been eroded. E-Rate is valuable to our districts and needs to remain viable if we are ever to get school bus applications restored.
NAPT is working with AASA in advocating for the E-Rate and has signed on to their several points of concern. Our continued engagement in this endeavor will hopefully lead to full restoration of E-Rage eligibility for Wi-Fi on school buses in the future.
‘Under the Hood’ Exemption
FMCSA has issued a Notice of Proposed Rule Making that would once again extend the NSTA-supported exemption of the ‘under the hood’ testing element. NSTA has successfully lobbied FMCSA for the original exemption and then extensions of that exemption.
While NAPT members have not shared a sense of urgency around this issue, we respect the concerns that our private provider colleagues are expressing, and appreciate the work that NSTA has invested in achieving the original exemptions.
NAPT is submitting comments on this proposal to FMCSA. We do not oppose the exemption and are reaffirming our recommendation to FMCSA that would establish the option of a ‘Class S’ CDL specifically for school bus drivers.
We refer you to our adopted policy statement on the exemption as well as our adopted policy statement on the Class S license for your background.
EPA Modifies DEF Requirements
The US Environmental Protection Agency has been working to reduce or eliminate regulations and requirements that add costs and work to conducting business in America.
Most recently, the EPA released a proposed regulation that would change how a diesel engine reacts to insufficient DEF—which is used to reduce emissions of nitrogen oxides. Currently, if a vehicle has insufficient DEF, the electronic control module system will ‘derate’ the engine, meaning it will slow the vehicle down or bring it to a stop. This can be disruptive or even dangerous in any vehicle but especially a school bus carrying children.
Clearly, it is important to environmental rules that school buses be maintained sufficiently to avoid such occurrences, but the new proposal would give more flexibility for operators to avoid urgent situations.
NAPT’s Public Policy Committee views the change as providing assurances to school bus operators that buses will not fail while transporting students. For this reason, the committee has recommended that the Board of Directors express our support for the change to the EPA as part of their public comment process.
See EPA’s informational page on the DEF issue for reference.
Federal Funding Rules
AASA has called our attention to recent proposals from the federal Office of Management and Budget (OMB) to revise how the government pays out funding for grants and other programs under the ‘Uniform Grant Guidance.’
In their recent blog, AASA noted that the proposed rule-changes could add significant administrative burdens and costs for school districts and could lead to inconsistencies in application of the rules. For example, the new rule would require schools to adhere to vague or undefined guidelines. For example, schools would be required to avoid programs that appear to be ‘anti-american’ or face loss of funds if programs or services ‘no longer effectuate…the national interest.’ AASA argues that such terminology could be defined differently from one administration to another and even among federal staff reviewing the information.
There are also changes in how funding is advanced with duplicative reporting steps and duplication of auditing and monitoring that schools and states already do and would need to perform as a separate step for the federal government.
Lastly, AASA has argued that the October 1st implementation date places undue burdens on districts and encourages OMB to delay implementation to allow for system adjustments.
AASA has submitted comments to and is meeting with OMB on these issues and we will keep our members informed as to progress and potential impacts on school and school transportation operations.
Note also that over 500,000 comments were submitted to OMB on this change including many from school leaders and education organizations.
Peter Mannella (pfman5@gmail.com) is chair of the NAPT Public Policy Committee.