West Virginia Code of State Rules
Agency 126 - Education
Title 126 - PROCEDURAL RULE BOARD OF EDUCATION
Series 126-092 - West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of School Buses (4336)
Section 126-92-17 - Criteria for the Certification of Operator Candidates and Contract Operators
Universal Citation: 126 WV Code of State Rules 126-92-17
Current through Register Vol. XLI, No. 38, September 20, 2024
17.1. All operator candidates shall be initially certified by the WVDE Office of School Facilities and Transportation as designee of the State Superintendent of Schools (State Superintendent) at the request of the county board or the public institution seeking to regularly employ them.
17.2. The operator candidate shall meet the following criteria to be certified:
17.2.a.
the candidate shall be at least 21 years of age.
17.2.b. The candidate shall have a high
school diploma, a General Equivalent Diploma (GED), or a Test Assessing
Secondary Completion (TASC) Diploma from an accredited educational
institution.
17.2.c. The candidate
shall have at least three years of driving experience as a licensed operator of
any vehicle and be eligible to obtain a valid commercial driver's license
permit. A permit will allow the candidate to take the required on-road
training.
17.2.c.1. The candidate shall
complete a form granting the employing county board permission to obtain
his/her driving record from the Department of Motor Vehicles (DMV) of the
appropriate state(s). The driving record shall be for five years, if available.
The driving record shall not show a preponderance of evidence of frequent
violations of traffic laws. All referenced forms will be available on the WVDE
website.
17.2.d. The
candidate shall submit to the county board or institution seeking to employ
him/her a WVDE Application for Bus Operator Certification and Release of
Information form. The county board shall submit to the WVDE Office of School
Facilities and Transportation the Release of Information Form and a copy of the
application form for each operator candidate; upon receipt of this information
a request for a criminal background report will be issued.
17.2.e. All candidates for initial operator
certification shall be fingerprinted by the West Virginia State Police (State
Police) or its designee. The fingerprints shall be analyzed by the State Police
for a state criminal history record check through the central abuse registry
record and then forwarded to the Federal Bureau of Investigation (FBI) for a
national criminal history record check.
17.2.e.1. Information contained in either the
central abuse registry record or the FBI record may form the basis for the
denial of a certificate for cause in accordance with W. Va. Code §
18A-3-2a
and §
18A-3-10.
17.2.e.2. Upon written consent to the WVDE by
the candidate and within 90 days of the state fingerprint analysis, the results
of a state analysis may be provided to a county board or institution to which
the candidate is applying for employment without further cost to the
candidate.
17.2.e.3. Disclosure
Provisions. Information maintained by the WVDE or a county board which was
obtained for the purposes of complying with W. Va. Code §
18A-3-10
is exempt from disclosure as provided by W. Va. Code §
29B-1-4. Disclosure or
publication of information in a statistical or other form that does not
identify the individuals involved or provide personal information is not
prohibited.
17.2.f. The
candidate shall successfully complete a minimum of 40 hours of non-driving
instruction with a WVDE-certified operator trainer. Instruction shall be in
person from a WVDE-certified operator trainer, online training modules, or a
combination thereof and shall include Policy 5902, Policy 4373, and W. Va. 126
CSR 28, Policy 2525, West Virginia's Universal Access to a Quality Early
Education System. A WVDE-certified operator trainer shall be present anytime
online training modules are utilized. Training shall not be duplicated to reach
the required 40 hours of initial instruction. Only the number of hours per
section of training designated by the WVDE shall be used to reach the initial
40 hours of instruction. Example: If an operator trainer determines a candidate
requires five hours additional training on pre-trip inspection, the additional
hours shall only be completed after the initial 40 hours of required
instruction are complete.
17.2.g.
The candidate shall successfully complete a minimum of 12 hours on-the-road
training including two hours of night driving in the operation of bus with a
WVDE-certified operator instructor on board and no student
passengers.
17.2.h. The candidate
shall receive appropriate training in the transportation of special education
students. (See section 5.)
17.2.i.
The candidate shall have first aid and cardiopulmonary resuscitation (CPR)
certification from a program approved by the State
Director.
17.2.j.
The candidate shall pass a physical examination from a medical examiner
certified by Federal Motor Carrier Safety Administration (FMCSA). The term
"medical examiner" is defined as doctor of medicine, doctor of osteopathy,
physician assistant, advanced practice nurse, and doctor of chiropractic.
17.2.j.1. The medical examiner shall record
physical examinations on the U.S. Department of Transportation (USDOT) Medical
Examination Report Form (for Commercial Driver Medical
Certification).
17.2.j.2. The
physical examination results may be used for certification for a period of up
to six months from date of examination.
17.2.j.3. The physical examination shall
cover all health issues set forth in section 19. Tuberculin testing is not
required unless there is evidence of exposure to tuberculosis or signs or
symptoms of active tuberculosis as referenced in W. Va. Code §
16-3D-3.
17.2.k. The candidate shall be subject to
pre-employment drug testing for the use of certain controlled substances as per
all regulations of the USDOT. Negative drug test results must be obtained prior
to beginning any behind-the-wheel training.
17.2.l. Prior to the candidate taking any
skills examination or test provided by or administered by the WVDE, the
candidate shall obtain a commercial driver's license (CDL) with a minimum Class
B license and P (passenger) and S (school bus) endorsements.
17.2.m. The candidate shall pass a written
examination provided by the WVDE online and administered by the county board
seeking to employ him/her.
17.2.m.1. The
candidate who fails the online examination may retake it three times if
necessary during a 12-month period at the discretion of the county board or
institution seeking to employ him or her.
17.2.n. Upon successful completion of the
online examination, the candidate shall pass additional tests on skills and
performance at the request of the county board or institution seeking to employ
the candidate administered by a qualified bus inspector employed by the WVDE or
a certified operator examiner using vehicles owned or leased by the county
board.
17.2.n.1. Should a candidate fail any
portion of the skills or performance tests, the remainder of the test(s) shall
not be administered. The skills and performance tests shall be administered to
a candidate no more than three times annually and only after consultation with
the test examiner or State Director. The request shall be in writing and shall
include reasons for retesting. Candidates must wait five days prior to being
retested and must receive documented additional training in the areas of
failure. The entire test shall be re-administered.
17.2.o. The candidate shall pass a physical
performance exam.
17.2.p. Aides
should be able to perform the same duties as the operator in the event of an
emergency. Aides should be given a timed modified physical performance exam
prior to beginning their duties as follows:
17.2.p.1. move from the front of the bus to
the rear and exit through the rear door.
17.2.p.2. ascend/descend the bus
steps.
17.2.p.3. repeatedly
open/close the service door manually.
17.2.p.4. lower/lift objects.
17.2.p.5. identify, apply, and release the
bus parking brake.
17.2.q. Upon successful completion of the
WVDE training program and receipt of identification, the newly certified
operator shall initially be required to drive a minimum of two bus routes with
a certified operator and students on-board prior to accepting any
assignment.
17.3. The State Superintendent may refuse to certify a candidate as an operator who is not of good moral character and physically, mentally, and emotionally qualified to perform the duties of operator safely and efficiently. Reasons supporting a refusal to certify include the following:
17.3.a. failure to complete and pass or
process any of the following:
17.3.a.1.
physical examination form including a list of all prescribed
medications.
17.3.a.2. training
provided by the county board or public institution.
17.3.a.3. online examination developed by the
WVDE.
17.3.a.4. skills and
performance tests administered by the WVDE.
17.3.a.5. drug screen.
17.3.a.6. accumulation of six or more points
against the candidate's driving record from any state DMV.
17.3.a.7. conviction of one
drug/alcohol-related driving offense within the last two years. Conviction of
two or more drug/alcohol-related driving offenses shall permanently bar a
candidate from receiving certification.
17.3.a.8. use or possession of any illegal
controlled substance or any controlled substance that is a prescribed
medication without a valid prescription or abuse with a valid prescription,
within the last five years as demonstrated by a preponderance of
evidence.
17.3.a.9. pattern of
abuse of alcohol within the last five years regardless of the candidate's
driving record, as demonstrated by a preponderance of evidence.
17.3.a.10. a criminal background or driving
history that otherwise demonstrates a lack of good moral character.
17.3.a.11. conduct constituting sexual abuse,
negligence, or assault of a minor whether or not criminally charged, as
demonstrated by a preponderance of evidence.
17.4. When the State Director recommends to the State Superintendent that a candidate be denied certification for any reasons set forth in sections 17.3.a.1 through 17.3.a.11, the candidate will receive notice of the recommended denial for cause and be afforded the opportunity for a hearing before the School Bus Operator Review Panel in accordance with W. Va. 126CSR4, Policy 1340, Rules of Procedure for Administrative Hearings and Appeals (Policy 1340).
17.5. Counties may elect to hire a contract operator to transport students in passenger vehicles with a designed seating capacity of fewer than ten occupants, not including operator, in areas where bus service is limited due to terrain. Under no circumstances shall designed seating capacity be exceeded.
17.5.a. The
contract operator candidate shall comply with all federal, state, and county
regulations. The operator must have the minimum of a Class D CDL
license.
17.5.b. The contract
operator candidate shall submit to Criminal Investigation Bureau (CIB) and FBI
background checks and a DMV background check prior to being considered for
employment. A candidate shall not be employed if there is an accumulation of
six or more points against the candidate's driving record from any state DMV.
An accumulation of ten or more points against the operator's driving record
after employment shall result in termination of contract. A DMV check shall be
completed and submitted annually once employed.
17.5.c. The contract operator candidate shall
complete an approved first-aid and CPR class and shall follow all guidelines
for re-certification once employed.
17.5.d. The contract operator candidate shall
pass an operator physical examination from a medical examiner prior to
employment and then annually once employed.
17.5.e. The contract operator candidate shall
be subject to WVDOT pre-employment drug testing and random testing once
employed.
17.5.f. The contract
operator candidate shall receive a minimum of eight hours of training with a
WVDE certified operator instructor, online training modules, or a combination
thereof, including but not limited to: loading and unloading procedures,
railroad crossings, student conduct, emergency procedures, and county policies.
A driving exam and state certification are not required.
17.5.g. The contract operator once employed
shall have automobile liability coverage in place. The Certificate of Insurance
must evidence a minimum of $1,000,000 per occurrence of auto liability. Copies
shall be made available to the county superintendent/designee.
17.5.h. The vehicle used to transport
students shall have a West Virginia Division of Motor Vehicles (WVDMV)
inspection annually, be subject to periodic maintenance with proper
documentation of any repairs, and the documentation shall be made available to
the county superintendent/designee upon request.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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