Current through Register Vol. 49, No. 9, September, 2024
1.0 Regulatory Authority
1.01 The Commission for Arkansas Public
School Academic Facilities and Transportation enacts these Rules pursuant to
its authority as set forth in Ark. Code Ann. §§
6-19-101
et seq.,
6-21-114,
and
25-15-201 et
seq.
2.0 Purpose of
Regulations
2.01 The purpose of this Rule is
to ensure the safe and efficient operation of public school buses in Arkansas
and to prescribe the requirements for the physical examination of school bus
drivers.
3.0 Definitions
3.01 Advanced practice nurse - An APN is a
registered nurse who is licensed by the state as an advanced practice nurse. An
APN has advanced education at least at the Masters level as well as a national
certification from a certifying body recognized by the Arkansas State Board of
Nursing (i.e., ANCC, NAPNAP).
3.02
Commission - The Commission for Arkansas Public School Academic Facilities and
Transportation.
3.03 Division - The
Division of Public School Academic Facilities and Transportation.
3.04 Licensed physician - A person licensed
to practice medicine pursuant to state law.
3.05 Out of Service - A school bus which is
out of compliance with the safety requirements of this Rule and the Arkansas
School Bus Inspection Handbook.
3.06 School Bus Driver - Any person
transporting students in any vehicle meeting the definition of a school bus
that requires the person to hold a commercial drivers license. A school bus
driver will be deemed qualified if they posses a valid commercial drivers
license, a current certificate of completed in-service training, current
physical examination and additional qualifications as required by the school
district board of directors.
3.07
School bus - A motor vehicle designed to carry ten (10) or more passengers that
is:
3.07.1 Owned by a public or governmental
agency or a private school and operated for the transportation of students to
or from school or school-sponsored activities; or
3.07.2 Privately owned and operated for
compensation for the transportation of students to or from school or
school-sponsored activities.
3.08 School District - Every reference to
"school district" shall include any open-enrollment public charter school that
operates a school bus, except as waived by the State Board of Education
pursuant to Ark. Code Ann. §
6-23-301
et seq.
4.0 Written
Policies
4.01 All public school districts
shall establish written policies concerning transportation by school districts,
including, but not limited to:
4.01.1
Transportation eligibility;
4.01.2
Student behavior while being transported; and
4.01.3 Emergency procedures while being
transported.
4.01.4 All students
who are transported in a school bus shall be instructed in safe riding
practices and shall participate in emergency evacuation drills at least twice
each school year. Each evacuation drill shall be documented and kept on
file.
5.0
School Bus Drivers
5.01 Each school district
shall establish a training program for school bus drivers. The training program
must be developed and administered to assure that each driver attains a high
degree of competence in and knowledge of his or her duties and responsibilities
as a school bus driver.
5.02 Every
newly hired school bus driver shall receive a minimum of twenty-four (24) hours
of pre-service training for the type or types of school buses that he or she
will be driving prior to driving any school bus.
5.03 Every school bus driver shall receive an
additional three (3) hours of in-service training annually provided by the
Division.
5.04 Each driver shall be
issued a school bus driver certificate, valid for one (1) year, upon
documentation that he/she has successfully completed his or her pre-service
driver training. Certification shall be renewed upon completion of the annual
three (3) hour in-service.
5.05 A
school district board of directors may provide a substitute driver to operate a
school bus on a temporary basis without a certificate until the next regularly
scheduled school bus drivers examination is held in the locality if (1) a
qualified bus driver is not available to operate a school bus due to death,
resignation, disability, illness or other cause and (2) the school district
board of directors is not able to obtain a qualified bus driver with a
certificate. The file of the substitute driver will be annotated to reflect the
cause and facts of his/her temporary designation as a driver. Extra curricular
trips shall be made by certified drivers only
5.06 School bus driver files shall contain at
a minimum:
5.06.1 Copy of current Commercial
Driver's License;
5.06.2 Physical
Examination;
5.06.3 Proof of state
and federal background check clearance;
5.06.4 Semi-annual driver record
check;
5.06.5 Proof of negative
tuberculosis skin test;
5.06.6
Documentation of pre-employment and random drug and alcohol testing.
5.07 If the Division gives a
school district written notice of any deficiency in the files required by
Section 5.06, and the school district fails to remedy the deficiency within
thirty (30) days of receiving notice, any culpable officer or employee of the
district may be subject to the sanction of Ark. Code Ann. §
6-19-111(d).
6.0 Physical Examinations for Bus
Drivers
6.01 Physical examinations as required
by law and rule for school bus drivers may be given by either a licensed
physician or an advanced practice nurse only.
6.02 Each school district shall require all
school bus drivers to undergo a physical examination by a licensed physician or
an advanced practice nurse upon a conditional offer of employment and before
they are allowed to drive a school bus. The purpose of such physical
examination is to ensure that the employee can perform the job-related duties
of a bus driver and to determine if any reasonable accommodations are required.
The results of the physical examination shall be reported on a U.S. Department
of Transportation Form (DOT) or the "School Bus Driver Physical Examination
Form" (Form) promulgated by the Division as evidenced by Exhibit A to these
rules and which is hereby incorporated by reference into these rules as if
fully set forth herein. The results of all physical examinations shall be used
in compliance with the Americans with Disabilities Act.
6.03 Each school district shall require all
currently employed school bus drivers to undergo and pass a physical
examination by a licensed physician or an advanced practice nurse at least
every two (2) years.
6.04 A school
bus driver who seeks a renewal of his or her driver certificate shall provide
proof that he or she has satisfactorily;
6.04.1 Passed a physical examination given by
a licensed physician or advanced practice nurse within the previous two (2)
years; and
6.04.2 Completed
in-service training for bus drivers as prescribed by the Division.
6.05 The physical examination
described in §§ 6.02 and 6.03 of these rules, above, shall require
the licensed physician performing the examination to make the following
determinations:
6.05.1 The visual acuity of
each eye (must be at least 20/40 with or without corrective lenses);
6.05.2 The fit of the driver's glasses, if
applicable;
6.05.3 The percentage
of field of vision possessed by the driver (with a minimum of 70% necessary to
qualify as a "yes" response on the Form);
6.05.4 Absence of color blindness, with the
specific colors to be tested being red, green and amber;
6.05.5 Hearing (with a demonstrated ability
to perceive a forced whispered voice from at least five (5) feet away with or
without the use of a hearing aid, or average hearing loss in the better ear of
less than or equal to forty (40) decibels needed to successfully pass this
portion of the physical examination;
6.05.6 Indications of cardiovascular disease
of such a nature that would interfere with driving a school bus;
6.05.7 Abnormalities of the lung that would
interfere with driving a school bus;
6.05.8 Blood pressure (within normal
limits);
6.05.9 Amputation of
member (arm, hand, leg, or foot)
6.05.10 Evidence of epilepsy or
seizures;
6.05.11 Use of drugs
other than those prescribed by a physician; and
6.05.12 Diabetes (insulin
dependent).
6.06 Upon
conclusion of the physical examination, the licensed physician or advanced
practice nurse shall indicate on the Form, based upon the determinations made
on the areas listed in § 6.03 above and the guidelines listed on the Form,
whether the driver is physically qualified to drive a school bus. The examining
official shall date and sign his or her name to the Form.
6.07 Results of physical examinations shall
be maintained under strict confidentiality by each district's central
administrative office. Only the following persons shall be allowed access to
the results of these physical examinations: supervisors and managers to
determine necessary restrictions and accommodations in an employee's job
duties; first aid and safety personnel should an employee's disability require
emergency treatment; and government officials upon request who are
investigating compliance with the Americans with Disabilities Act.
7.0 Preventive Maintenance
Inspections
7.01 The Preventive Maintenance
Inspection (PMI) control system is designed to give shop management an improved
method for scheduling and controlling the necessary cycles of maintenance
inspection performed in local school districts.
7.02 Using the PMI control system will enable
the school system to certify, at least once each month, that each school bus
used during that month has received the proper safety inspection. Preventive
maintenance inspections will be scheduled as follows:
7.02.1 Inspection A - Safety Equipment
Inspection with Air Brake Adjustment 1,000 miles or monthly.
7.02.2 Inspection B - Inspection A plus Oil
Change - Gasoline (3,000 miles) or Diesel (6,000 miles or service manual
recommendation)
7.02.3 Inspection C
- Inspection A plus B plus Tune-up (gasoline only) 12,000 miles.
7.02.4 Inspection D - Inspection A, B, and C
plus Transmission 24,000 miles.
7.03 Completed inspection results shall be
kept on file by the school district as long as the district owns the
bus.
7.04 Repair Procedure. Each
day, the bus driver will complete a Driver Inspection Report to be turned in to
the director or designee at the end of each day so that a work order can be
generated if necessary. All repairs will be performed and documented by the
signature of the mechanic completing the repair. After repairs are completed, a
copy of the work order will be furnished to the driver for verification and a
copy will be filed in the individual vehicle file folder.
7.05 Each school district shall maintain a
maintenance file on all school buses owned or operated.
7.05.1 Maintenance files shall contain a
written record of all mechanical work, service performed, and all parts (which
are removed or replaced at periodic preventive maintenance intervals or for any
emergency service). Maintenance shall meet or exceed manufacturer's recommended
service interval for each body or chassis component and for all
repairs.
7.05.2 A maintenance
record shall also contain at a minimum the year, make, model, vehicle
identification number, mileage, bus number and district, nature and due date of
the various inspection and maintenance operations to be performed, a record of
all inspections, repairs and maintenance including date and nature.
7.06 The individual school bus
files shall be readily accessible to the Arkansas Department of Education, the
Division, and the authorized inspector.
8.0 Annual School Bus Inspections by the
Division
8.01 Division inspectors shall
inspect all buses and audit school district transportation systems annually, in
compliance with the criteria contained in the "Arkansas School Bus Inspection
Handbook" (Handbook), as evidenced by Exhibit B to these rules and which is
hereby incorporated by reference into these rules as if fully set forth
herein.
8.02 School districts shall
self-inspect all of their buses on a semi-annual basis, utilizing the criteria
found in the Handbook.
8.03
Division inspectors shall have the authority to take any school bus out of
service that is determined to be out of compliance with established safety
criteria, and to issue an "Out of Service" notice.
8.04 Each bus shall be issued an inspection
sticker upon successfully passing inspection.
8.05 No school district shall operate any
school bus declared "Out of Service" until all repairs required by the out of
service notice has been completed and the bus is re-inspected by a Division
school bus inspector.
8.06 If a
school district operates any school bus in violation of Section 8.05, any
culpable officer or employee of the district may be subject to the sanction of
Ark. Code Ann. §
6-19-111(d).
9.0 Parental Monitors on School
Buses
9.01 A school district board of
directors may create and implement a program to authorize a parent of a child
enrolled in the school district to act as a monitor in a school bus
transporting students to and from school.
9.01.1 A parental monitor under this section
is a qualified volunteer under the Arkansas Volunteer Immunity Act, §
16-6-101 et
seq.
9.01.2 The board of directors
of a local school district implementing a program under § 9.01 shall
require, as a condition for initial employment or non-continuous reemployment
as a parental monitor, any person making application to apply to the
Identification Bureau of the Department of Arkansas State Police for statewide
and nationwide criminal records checks, the latter to be conducted by the
Federal Bureau of Investigation.
9.02 Nothing in this § 9.0 shall be
construed to override or supersede any local school district policy regarding
the use of adult volunteers as monitors or chaperones on a school bus
transporting students to and from school-sponsored activities.
Exhibit A
Arkansas Division of Academic Facilities &
Transportation SCHOOL BUS DRIVER PHYSICAL EXAMINATION FORM
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to view image
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Exhibit B
INTRODUCTION
This school bus inspection handbook is a guide for local systems
to use when inspecting their buses semi-annually. The guidelines are minimal
conditions for the safe operation of school buses. If the buses do not meet
these conditions then the vehicle is considered unsafe and will not be
operated.
The yearly inspection conducted by the AR Division of Academic
Facilities and Transportation uses these same guidelines to determine the
condition of each bus. You are encouraged to make copies of the SDOE Inspection
Form and use it for your semiannual inspection form.
Special attention at the local level should be placed on:
1. Preventive maintenance program
2. Bus driver daily inspections
3. Documentation of gas, oil, daily and
monthly inspections, etc.
4.
Communication between parents, students, bus driver, transportation
supervisors, principals, superintendents and local board members on local board
policies concerning transportation.
There may be other circumstances which may arise to cause a bus
to be taken off the road until repaired.