Current through Register Vol. XLI, No. 38, September 20, 2024
21.1.
The State Superintendent may, after ten days' notice and upon proper evidence,
suspend, revoke, or refuse to renew the certification, or impose any condition
upon the certification of any operator upon just and sufficient cause as set
forth below. There is a rational nexus between the conduct set forth below and
the performance of the job as an operator. For purposes of this section, a
conviction includes any plea of guilty, conditional pleas, or pleas of no
contest.
21.1.a. Failure to meet the physical
and mental/emotional requirements set forth in sections 18 and 19, as indicated
from the results of any physical or psychological examination.
21.1.b. Failure to pass the online
examination.
21.1.c. Failure to
complete the annual minimum 18 hours of transportation-related professional
development.
21.1.d. Accumulation
of ten or more points on DMV driving record following initial certification or
conviction of reckless driving, as defined by W. Va. Code §
17C-5-3,
conviction for leaving the scene of an accident involving physical injury or
death, as defined by W. Va. Code §
17C-4-1,
or conviction for obstructing an officer or fleeing an officer as defined by W.
Va. Code §
61-5-17.
21.1.e. Conviction of a felony.
21.1.f. Conviction of and/or DMV suspension
or revocation of license on a charge of operating a motor vehicle while under
the influence of alcohol, controlled substances, any other drugs or the
combination thereof, or by a preponderance of evidence, including but not
limited to, positive breath, or blood test, or field sobriety results, of
operating a motor vehicle under the influence of same. The applicant/employee
shall not be certified to operate a bus for at least two years subsequent to a
first conviction, license suspension/revocation or WVDE certification
suspension/revocation. For a second offense, license suspension/revocation, or
WVDE certification suspension/revocation, certification shall be revoked and
refused permanently.
21.1.g.
Failure of any drug or alcohol test administered by the operator's employer or
submission of an adulterated specimen. Once notified, the operator must report
to the collection site immediately. Failure or delay doing so will be
considered a refusal which is equivalent to testing positive. The operator will
not be certified to operate a bus for at least two years subsequent to a first
positive or adulterated test result unless the operator completes a
return-to-duty process which includes consultation with a substance abuse
professional. For a second positive test result or adulteration, certification
shall be revoked and refused permanently.
21.1.h. Intentional disengagement of bus
safety equipment, including bus cameras, without prior authorization of county
directors.
21.1.i. Conviction of
any charge involving sexual misconduct with a minor or student. The operator
may also have certification renewal refused or certification suspended or
revoked when it is shown by a preponderance of evidence that he/she has a
consensual sexual or amorous relationship with a student irrespective of any
criminal prosecution.
21.1.j. A
demonstration by a preponderance of evidence of frequent violations of traffic
laws, sound safety practices, regulations, or ordinances while operating a bus,
or any single violation while operating a bus that threatened the safety of
student passengers, or other users of streets or roadways.
21.1.j.1. Violations of W. Va. Code §
17E-1-14a,
which make texting while driving a commercial motor vehicle a misdemeanor
crime, will be deemed a single violation that threatened the safety of student
passengers and/or other users of streets or roadways, regardless of whether an
operator is prosecuted, if proven by a preponderance of evidence.
21.1.j.2. Violations of W. Va. Code §
17C-14-15,
which make talking on a cell phone while driving any vehicle a misdemeanor
crime, if performed while operating a bus will be deemed a single violation
that threatened the safety of student passengers and/or other users of streets
or roadways, given surrounding circumstances, regardless of whether an operator
is issued a traffic ticket, if proven by a preponderance of
evidence.
21.2.
The State Superintendent may afterten days notice and upon proper evidence,
suspend, revoke, or refuse to renew the certification or impose any condition
upon the certification of any operator for intemperance, untruthfulness,
cruelty, immorality, or use of fraudulent, unapproved, or insufficient credit
to obtain the certificate only if there is a rational nexus between the conduct
of the operator and the performance of the job.
21.3. With respect to conduct for which an
operator has been disciplined by the employing county board with less than
termination, or has been placed upon an improvement plan that he/she is meeting
or has met as determined by the county board, the operator's certificate may
not be revoked unless it can be proven by clear and convincing evidence that
the operator has committed one of the offenses listed in section 21 and his/her
actions render him/her unfit to operate a bus.
21.4. If an operator's certificate has been
issued or renewed through an error, oversight, or misinformation, the State
Superintendent may recall the certificate and make such corrections as will
conform to the requirements of law and WVBE rules.
21.5. The county board shall notify the WVDE
when an operator has resigned or has been terminated.
