Check Out: 5 Facets of Boosting Staff Morale
Legislators Seek ACA Loophole Closure for School Bus Drivers, Other Support Staff
Sen. Edward J. Markey and Rep. Donald Norcross asked U.S. Treasury Secretary Janet Yellen to eliminate a loophole that keeps some contracted school bus drivers and other support staff ineligible for benefits under the Affordable Care Act.

The letter, signed by 75 lawmakers, calls for the U.S. Department of Treasury to enact new regulations that treat school district employees and contractor-hired employees the same when it comes to ACA coverage.
Image: U.S. Department of Treasury
School bus drivers employed by a district may qualify as full-time, and thus get access to health care benefits under the Affordable Care Act, because they work at least 30 hours a week based on a 9-month school year calendar.
But drivers and other support staff working for contractors might see those same hours calculated based on a 12-month calendar and, as a result, can't get ACA benefits.
This week, Sen. Edward Markey of Massachusetts and Rep. Donald Norcross of New Jersey sent a letter to Treasury Secretary Janet Yellen, asking her to close that loophole in the regulations.
"We write to urge you to take further action to ensure non-teacher staff in schools - such as custodians, school bus drivers, security guards, school nurses, cafeteria workers, and others - have access to quality health coverage," the letter stated. "Considering the dire shortages of non-teacher staff in public schools, it is more important than ever to ensure these jobs have good benefits, such as health care, to attract and retain quality workers."
Large Employers and ACA Coverage
According to the legislators, when Congress passed the ACA in 2010, the law called for large employers to offer affordable health coverage to employees working an average of 30 hours per week or face penalties. Treasury regulations call for school districts and other educational institutions to consider those full-time employees, based on a 9-month calendar. But an employee working that same amount of time for a private contractor would be calculated using a 12-month calendar, so they don't count as full-time.
"Because of this loophole, these contractor companies are not required to provide employer-sponsored health benefits to their employees, despite these employees working full-time schedules during the school year and qualifying for employer-sponsored covered if they worked directly for the educational organization they serve," the letter stated.
The letter urges the Department of the Treasury to draft proposed regulations clarifying that an employee working for a private contractor has the same right to coverage as a worker employed directly by a school district. Apparently, the department had stated its intention to do something like that in 2015, but hasn't done so yet.
Concerns About Shortages
The letter indicates that the number of people working as school bus drivers dropped by 14.7% since 2019 - but asserted that it should be growing with the school-age population.
"Ensuring that all full-time non-teacher staff in public schools have access to health care is not only necessary to ensure fairness for these essential workers, it will also help combat the staffing issues plaguing our schools and negatively affecting our children," the letter stated.
The letter, signed by a total of 75 legislators, was praised by Sean M. O'Brien, president of the Teamsters Union: "Teamster school bus drivers and other school employees are being denied health care coverage due to this ACA loophole. The Teamsters join with Rep. Norcross and Sen. Markey in demanding that the Treasury Department do the right thing and fix this now!"
More Management

5 Questions: How CharterUP Brought a Marketplace to Student Transportation
What does it take to bring a transportation marketplace into K-12? Hear firsthand what CharterUP has learned about the unique needs of schools and bus operators.
Read More →
EverDriven Expands TripCentral Transportation Management Platform to All Partner Districts
The platform provides school districts with real-time trip tracking, student transportation scheduling tools, and pickup and drop-off management capabilities.
Read More →
6 School Transportation Trends to Watch: 2026 District Survey Results
School bus buying is up, fuel choices are shifting, and driver shortages persist. This and more in the latest K-12 public school survey, plus the largest fleets in the U.S.
Read More →
The 100 Largest School Bus Fleets in America: 2026 Rankings
Which public K-12 school districts are the largest in the nation in terms of bus fleet size? Here are the new standings of the top 100 district fleets.
Read More →
EverDriven Launches Route Consolidation Calculator to Estimate Diesel Savings
As diesel prices hit record highs, the largest alternative transportation provider says a 10% route consolidation could save a 120-route district more than $78,000 a year in fuel alone.
Read More →
Zum Secures Continued Financing Support for School Bus Expansion
Generate Private Credit has financed approximately $75 million in school bus deployments across three states, supporting more than 500 buses as Zum expands across the county.
Read More →
Beyond Discipline: A Different Approach to Student Behavior on the Bus
After implementing a dean of students program in Oregon, North Clackamas is seeing positive improvements. Here’s how it worked. The Route is brought to you by IC Bus.
Read More →A Dean of Transportation's Different Approach to Student Behavior on the School Bus
After implementing a dean of students program in Oregon, North Clackamas is seeing positive improvements on the bus. Here’s how it worked.
Read More →
Inside NAPT ACTS 2026: Highlights from Louisville
From federal updates and student behavior strategies to new school bus technology and industry awards, see highlights from NAPT ACTS 2026 in Louisville.
Read More →
Meet the 2026 School Bus Driver Hero Winner: Annette Brown
We caught up with Wa-Nee Community Schools' Annette Brown on site at SBFX, where she was named the 2026 School Bus Driver Hero Award winner. Hear about her reaction, what she loves most about being a school bus driver, and more!
Read More →
