Fatal school bus crash revives seat belt debate in Ohio

The school bus that overturned Tuesday morning in southwestern Ohio, killing one student and injuring more than 20, passed an inspection in June and was considered safe.

But those who believe that buses, like other passenger vehicles, should have required safety belts, say that the Northwestern Local Schools bus carrying 52 children on a two-lane road in German Township near Lawrenceville in Clark County was inherently unsafe.

"The number of injured and traumatized, and the fatality, I don't think would have occurred," said Rudy Breglia, founder of School Bus Safety Alliance, a Cleveland-area group that has advocated for seat belts in school buses. "You have 5-to-6 kids die like clockwork every year, and another 17,000 injured (nationally). They bounce around like ping-pong balls."

According to a study from the National Highway Traffic Safety Administration, there were 218 school-age children who died in school-transportation-related crashes nationwide between 2011 and 2020. Of those fatalities, 44 were occupants of school transportation vehicles, such as school buses. The rest were kids who were in other vehicles, walking or riding bicycles to school.

In fiscal year 2020, nearly 14,000 Ohio school buses transported more than 767,000 students, according to a 2022 introduction on the Ohio Department of Education School Bus Purchase Program website. The buses ranged in age from model year 1984 to 2021, with nearly 41% of school buses in regular use being more than eight years old.

Tuesday's crash occurred on the first day of school for Northwestern Local. The Ohio State Highway Patrol said an eastbound minivan crossed the centerline on two-lane Route 41 (Troy Road) near Lawrencveille Road and struck the school bus, whose driver tried to avoid a head-on collision by steering toward the shoulder. The impact of the minivan striking the bus sent it off the over, where it went into an embankment and overturned, landing on its top.

One elementary school student, Aiden Clark, was ejected from the bus and pronounced dead at the scene. Another student was seriously injured, the patrol said, but the majority of the students and the bus driver sustained minor injuries.

The driver of the minivan, Hermanio Joseph, 35, was arrested Wednesday and charged with vehicular homicide. According to court records, he had an Ohio identification card and a driver's license from Mexico, which was not valid.

Joseph pleaded not guilty at his initial court appearance Thursday morning in Clark County Municipal Court, and was ordered held in the county jail in lieu of $100,000 bond.

Sadly, said Breglia, it takes tragedy to motivate change.

"To move forward sometimes you need tragedy," Breglia said, equating bus seat restraints to street lights at an intersection. "You have to have a body count, and then it gets the attention of lawmakers."

The National Transportation Safety Board (NTSB), which investigates transportation wrecks, in 2018 released safety recommendations based on its review of two 2016 school bus crashes.

For the first time, the NTSB recommended that all new, large school buses be equipped with lap and shoulder belts Smaller buses weighing less than 10,000 pounds already are required to have safety belts. The NTSB also suggests new buses have automatic emergency braking and electronic stability control.

In November, the NTSB again called for widespread usage of seat belts. A bill was introduced in 2018 to add seat belt requirements for school buses, but it did not go anywhere beyond an initial hearing.

Read More: NTSB Reiterates call for lap and shoulder restraints

In Ohio, the state Department of Education School Bus Inspection Manual notes that seatbelts are an "approved option," said Lt. Nathan Dennis, a spokesman for the Ohio Highway Patrol. "The decision is up to the individual school district on whether they do so."

Ohio has three known school districts that have purchased new buses with 3-point restraints: Avon Lake City Schools in Lorain County, Beachwood City Schools in Cuyahoga County and Hudson City Schools in Summit County, Breglia said.

Some districts say opposition stems from bus drivers dealing with legal liability and workload issues, including making sure all students are properly buckled. Other issues raised over the years have included possible delays that could occur in quickly evacuating students from an emergency on a school bus, such as an engine fire, if some students panic or could not open their seat belts.

Then there is the cost of seat belts on school buses, which can add as much as 10% to a new bus, which some districts say may not be worth it for an unlikely severe bus crash.

Ohio school buses were assigned to daily routes in the state, transporting over 767,000 students.These buses range in model year from 1984 to 2021, with 40.8 percent of school buses in regular use morethan eight years old.

Based on a review of data reported by Ohio school districts for fiscal year 2020, the average operating cost to transport a student was $1,077.09 and districts spend an average $2,969.21 annually on maintenance per bus. The average cost of a 2018-2021 model year school bus purchased by an Ohio school district was $86,689.

According to the NTSB, large school buses spread the impact of a crash differently than a typical car. The cushioning of high-back seats protects passengers through "compartmentalization."

Breglia said he won't stop fighting for improvements, noting that the cost over the life of a bus is equivalent to about $5 per student per year.

"I've never really gotten a clear message on why they don't want to do it," he said of school districts.

dnarciso@dispatch.com

@DeanNarciso

This article originally appeared on The Columbus Dispatch: Fatal school bus crash revives seat belt debate in Ohio