Roles and Functions of the Law
Kimberly Lamb
LAW/421
Professor Anderson
May 11, 2015

Our laws were created when our colonies were established and the Constitution was enacted. The Constitution acts as the basis for our entire law structure. Our country uses a federal law system that coexists with the state laws. However, no state law can supersede a federal law. Our Constitution is made up of eight articles; along with the Bill of Rights makes up the rules our legislators must adhere to when creating new laws and legislation. Our federal legal system is set up with three coequal branches, the executive branch, the legislative branch, and the judicial branch. Each branch has equal powers; the reason being so that one branch cannot exceed its power and authority over the Constitution. Looking at Congress and the business industry, “Congress’s broadest power is derived from the Commerce Clause whereby Congress is given the power to “regulate Commerce among the several states.”5 Under the modern trend, federal courts have been largely deferential to legislative decisions under Congress’s commerce powers. Despite some limits placed by the U.S. Supreme Court in the relatively recent past, Congress still exercises very broad powers to pass laws where the activity being regulated affects interstate commerce in any way.” Businesses are bound by the laws that are enacted by congress. These laws are meant to regulate how commerce is conducted; including how products are transported. In my current position as a Transportation Specialist, I route school buses to provide transportation to and from school. The pupil transportation industry is highly regulated. In the state of Washington, where I reside, this industry in regulated by WAC’s (Washington Administrative Code) and RCW’s (Revised Code of Washington). The combination of these two codes dictate everything from how a school bus is built and equipped to how to make a stop to pick up a student. According to the Revised Code of Washington:
“The authority for this chapter is RCW 46.61.380 which authorizes the superintendent of public instruction to adopt and enforce regulations to cover the operation of all school buses transporting common school students. The purpose of this chapter is to establish the manner of operating all school buses owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. This chapter does not apply to the operation of buses by common carrier in the urban transportation of students (e.g., the transportation of students via a municipal transit system).”
These state guidelines are based on the Federal Motor Vehicle Safety Standards and Regulations and also the National Highway Traffic Safety Administration. Washington State’s school bus standards are equal to and sometimes more stringent than federal standards. The National Highway Traffic Safety Administration provides reports to Congress. They cover everything from child safety restraints being used in school buses to grant programs for highway safety.
As a public school district, these codes also direct how much funding our district will receive, and how we can spend it. The Kent School District is the fourth largest district in the State of Washington. Our district is also considered a minority majority, meaning we have a higher number of minorities or English Language Learners residing within our district. Because of this our district receives federal funding under Title 3 funding. States are required to apply for Title 3 funds, and then are limited with what they are allowed to spend the funds on. In the pupil transportation industry, we receive our funding based on a funding model. This was put in place by the legislators at the state level. The model for funding is based on number of students riding within a radius mile of the school of attendance. There is an exception to the radius mile, for example if there is an unsafe walking area for students which requires transportation to be provided. In the Kent School District we currently transport approximately 19,000 students of the 28,000 currently enrolled. With over 40 schools, we have to always make sure we are following and abiding by the laws that govern our industry. Not only because it is the law, but because many laws are in place for the safety of the students.

References
Melvin, S. P. (2011). The Legal Environment of Business. A Managerial Approach: Theory to Practice. Retrieved from : https://newclassroom3.phoenix.edu
Washington State Legislature. (2014). Retrieved from http://app.leg.wa.gov/WAC/default.aspx?cite=392-145&full=true