The Department of Public Safety (DPS) faces challenges in regulating smaller buses for student transportation due to a lack of consultation with the now-vacant Student Transportation Advisory Council (STAC). This issue stems from a state statute requiring DPS to engage with STAC before proceeding with regulations.

On April 1, the Governor’s Regulatory Review Council (GRRC) voted to invalidate a substantive policy statement from DPS regarding the oversight of 11-to-15-passenger school vehicles, indicating that such regulations must follow the proper agency rulemaking process. A spokesperson from DPS explained that the absence of council members has stymied progress in this area for several years.

Jessica Klein, chair of the GRRC, emphasized the importance of standardized regulations during the council meeting. “A substantive policy statement is no substitute for a rule when the Legislature has specifically indicated how that rule is supposed to come about,” Klein remarked.

The STAC plays a crucial role in formulating regulations for school buses and their drivers. However, all positions on the council have remained unfilled since at least 2022, following legislation signed by former Gov. Doug Ducey, which allowed schools to utilize smaller vehicles for student transport. This legislation also granted DPS the authority to regulate these vehicles with STAC’s input.

In light of the council’s vacancies, DPS opted to implement a substantive policy statement in 2022 as a temporary measure. The agency is hoping for a complete rulemaking process once the STAC is appropriately staffed. The governor is responsible for appointing 14 members to the council, but neither Ducey nor current Gov. Katie Hobbs has made these appointments.

DPS has communicated its concerns regarding the vacancies to the governor’s office and has submitted 60 potential appointee names. Despite these efforts, the STAC remains unconstituted.

A spokesperson for the governor’s office did not respond to requests for comment, and previous inquiries regarding STAC’s status have gone unanswered, highlighting ongoing issues across 16 state boards and commissions hindered by similar vacancies.

During a recent GRRC meeting, DPS representatives referred to the policy statement as a “last resort.” Legal counsel has advised that without STAC’s consultation, rulemaking cannot proceed. To gather necessary feedback from stakeholders, DPS presented its policy statement at school bus transportation conferences held in 2023 and 2024.

Policy statements generally serve as guidance, while rules carry enforceable authority. GRRC oversees agency rule approvals and can address policy statements upon petition. A petition submitted by school employee Amy Carlyle in late 2024 sought to invalidate the policy, arguing that DPS was improperly enforcing it as if it were a formal rule.

Carlyle voiced concerns about the actions of a DPS inspector, who allegedly threatened to impound her school’s vehicles over inspection issues. This alarming report contributed to GRRC’s decision to invalidate the policy statement.

Jenna Bentley, a GRRC member, recommended during the meeting that DPS pressure the governor’s office for STAC appointments or pursue legislative solutions to bypass the council consultation requirement. Bentley insisted that maintaining a policy statement as an enforceable rule is unacceptable, regardless of the complications in establishing the necessary regulations.

The future actions of DPS in this situation remain uncertain, as the agency’s spokesperson declined to comment while they assess their options moving forward.