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reprint or license thisJACOB’S LAW GOES INTO EFFECT
Child-care centers must use buses, not vans
By BILL ROBINSON
brobinson@thestate.com
Child-care centers no longer can transport children in large passenger vans like the one in which 6-year-old Jacob Strebler was killed in 1994.
But under Jacob’s Law, which kicks in today, there’s no way to know how many centers are still using the vans.
Shannon Erickson of Beaufort, president of the S.C. Child Care Association, said the loophole is troublesome.
“The logistics of the law haven’t been thought through,” she said. “They did half of the job. Who is going to manage it? That’s a big question mark.”
The law, passed in 2000, is named in honor of Jacob Strebler, who was killed in a truck-van accident in Columbia. His namesake law is considered a national model; nine states now require private schools and day-care centers to use buses instead of vans.
“Our law is the gold standard,” said Jacob’s mother, Lisa Strebler, who now lives in Hudson, Ohio, a Cleveland suburb. “We’re pleased that we’ve had an effect on the lives of children.”
PAYING FOR SAFETY
While the S.C. law sets a high standard for child safety, it has no regular enforcement provisions. Child-care providers don’t have to demonstrate they comply with the law —through the licensing of their centers or any other means — so the state cannot gauge the law’s effect.
“We don’t inspect vehicles,” said Leigh Bolick, child-care services director for the state Department of Social Services. “We’re doing our best to get the information out there about the deadline.”
The agency inspects child-care facilities.
State Sen. Joel Lourie, D-Richland, helped shepherd the bill through the General Assembly as a freshman legislator in 2000.
He said the perils of liability should be enough to convince a center to comply with Jacob’s Law.
“They are accepting enormous, unlimited liability should any entity choose to ignore this,” he said.
Sid Gaulden, spokesman for the state Department of Public Safety, said every police officer in the state can enforce the law — just as they would violations of seat-belt and child-safety seat laws.
Beyond that, Gaulden said, officers will not conduct pre-emptive or routine inspections. Child-care providers with questions about whether their vehicles comply with the law should contact the State Transport Police, he said.
Critics of the large passenger vans often used by child-care centers, especially those vans designed for 15 people including the driver, say they tend to be unsafe and especially vulnerable to roll-over accidents.
School buses, by law, must be built to mitigate traffic accidents. Public schools do not use the passenger vans, said Don Tudor, the S.C. Department of Education’s transportation director.
Former Gov. Jim Hodges signed Jacob’s Law in spring 2000, giving van operators six years to switch to mini-buses. Such buses typically have space for 14 passengers and do not require a commercial driver’s license to operate.
Erickson, a former teacher who operates Hobbit Hills Preschools in the Beaufort area, calls Jacob’s Law a policy that benefits everyone.
“This is a very positive thing for our industry, especially when you are talking about our most precious resource — the children of this state,” she said.
While no formal statistics exist, Erickson said she is “fairly confident” that most, if not all, the 300-plus members of the association she heads comply with the law. Reese Yandle, the recently retired director of the S.C. Christian Schools Association, said he would be surprised if any of that organization’s 80 members do not comply with the new law.
Federal law prohibits vehicle dealerships from selling vans to schools for transporting students, but it is not illegal for schools to use them for that purpose.
Jacob’s Law gave private day-care providers the authority to buy buses at a discount typically available to large fleet operators, like the S.C. Department of Education.
Erickson said she purchased two, 14-seat buses at $34,000 apiece earlier this year for her business. She raised fees for her center to cover the cost.
“I had to decide whether transportation was an important enough issue with the families I serve to warrant the expense,” Erickson said.
Her child-care operations offer day-trip excursions and access to other off-campus programs, so she decided to buy the vehicles.
‘A PROPITIOUS DAY’
Six-year-old Jacob Strebler was among a group of youngsters riding in a 15-passenger van owned by Heathwood Hall Episcopal School when it was struck by a large truck at the intersection of Beltline Boulevard and Bluff Road in July 1994.
He was the only fatality.
Jacob’s parents campaigned vigorously for a state law restricting use of such vehicles.
“We want no other parent to have to go through what we’ve been through,” Lisa Strebler said.
Columbia attorney Richard Gergel represented the Streblers, who successfully sued the trucking company, Heathwood Hall and the dealership that sold the van to the school.
“The family wanted to make his death matter,” Gergel said.
“Here we are, on this propitious day, and it’s hard to find one of these (old) vehicles around, I know the Streblers are pleased.”
Reach Robinson at (803) 771-8482.
