Buses and Federal Rules: What You Need to Know

August 2, 2021

Many superintendents have expressed confusion about different federal orders requiring masks on school buses and we are writing to provide some clarity for you and your administrative teams on this issue.

But, first some context: In June, CDC reiterated its order from January that school bus masking is required. At the same time, several states acted in the spring and summer to prohibit local school districts from requiring masks for students generally.

Superintendents have wondered what the consequence of following state law (no mask mandates) and flaunting federal CDC orders would be and the answer is as follows: CDC has no way of enforcing its school bus mask mandate. While they have the power to issue orders, their enforcement capacity is essentially non-existent. Superintendents should weigh the consequences of what would occur if they do not follow the state mandate on masks and following the CDC order and vice versa.

In addition to masking, there are multiple effective mitigation strategies for districts to employ to reduce the risks associated with student transportation as demonstrated in this document published by the U.S. Department of Education. Regardless of what practices your district employs, the U.S. Department of Education has reiterated that social distancing practices on school buses should not deter districts from offering full-time, in-person instruction.

With regards to the TSA order for buses that have associated fines for noncompliance, please know that school buses are not part of the order. There is no financial penalty associated with noncompliance with the TSA or CDC orders.

We hope this blogpost provides you with the clarity necessary to make safe and healthy choices for your students this school year. 

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