14 Del. Admin. Code § 1150-7.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 1150-7.0 - Qualifications and Responsibilities of School Bus Drivers7.1 School Bus Drivers shall meet the qualification requirements of all applicable laws including 49 CFR 383.123, Title 21 of the Delaware Code, Division of Motor Vehicles Regulations including 2 DE Admin. Code 2222, and this regulation.7.2 Initial qualification.7.2.1 An applicant shall satisfactorily complete the school bus Theory training. The school bus Theory training shall remain valid toward initial qualification for a period of one (1) year. Additional requirements shall include: 7.2.1.1 Pre-employment drug test and registration with the Commercial Drug and Alcohol Clearinghouse;7.2.1.2 Child protective registry check;7.2.1.3 Criminal background affidavit;7.2.1.4 SBI fingerprinting for state and Federal Bureau of Investigation criminal background checks, which is coordinated through DDMV. The individual must provide the District with the "S" eligible clearance letter.7.2.1.5 Delaware School Bus Driver physical with TB screening; and7.2.1.6 CDSBD Training. Effective July 8, 2015, a School Bus Driver with a Commercial Learner's Permit (CLP) is prohibited from operating a school bus with passengers other than as permitted by 49 CFR 383.25.7.3 Out-of-state licensed School Bus Drivers shall meet the same requirements for qualification for an "S" endorsement as a driver with a Delaware license listed in 21 Del.C. § 2708 (b)(7) regarding criminal convictions and complete and provide to the Transportation Supervisor: 7.3.1 Pre-employment drug test;7.3.2 Child protective registry check;7.3.3 Criminal background affidavit;7.3.4 SBI fingerprinting for state and Federal Bureau of Investigation criminal background checks, which must be reviewed and cleared by the District Human Resources Office. The District Human Resources Office must complete the DDOE eligibility release form.7.3.5 Delaware School Bus Driver physical with TB screening;7.3.6 School Bus Driver Refresher Training;7.3.7 CDSBD Training. Effective July 8, 2015, a School Bus Driver with a Commercial Learner's Permit (CLP) is prohibited from operating a school bus with passengers other than as permitted by 49 CFR 383.25; and7.3.8 Past five (5) years certified driving record from the state where licensed and provide annual updates.7.4 Reinstatement of School Bus Drivers7.4.1 Drivers with an "S" endorsement who have not actively driven for two (2) or more years shall complete the following requirements: 7.4.1.1 Pre-employment drug test (see subsection 25.5 below);7.4.1.2 Child protective registry check;7.4.1.3 Criminal background affidavit;7.4.1.4 SBI fingerprinting for state and Federal Bureau of Investigation criminal background checks, which is coordinated through DDMV. The driver must provide the District with the "S" eligibility clearance letter.7.4.1.5 Delaware School Bus Driver physical with TB screening (if needed);7.4.1.6 School Bus Driver Refresher Training; and7.4.2 Drivers with an "S" endorsement who have not actively driven for a period more than one (1) and less than two (2) years shall complete the following requirements: 7.4.2.1 The Transportation Supervisor shall review the driver's records and a CDSBD Trainer shall evaluate the driver for two (2) hours without Pupils on board (using the CDSBD Training checklist) to determine what, if any, additional training is needed. The Transportation Supervisor shall note completion of the training required in the driver's records;7.4.2.2 Pre-employment drug test; and7.4.2.3 Delaware School Bus Driver physical with TB screening (if needed).7.4.3 Drivers requesting reinstatement of their "S" endorsement following mandatory suspension or revocation of over one (1) year shall complete the following requirements: 7.4.3.1 Pre-employment drug test;7.4.3.2 Child protective registry check;7.4.3.3 Criminal background affidavit;7.4.3.4 SBI fingerprinting for state and Federal Bureau of Investigation criminal background checks, which is coordinated through DDMV. The individual must provide the District or Charter School with the "S" eligible clearance letter.7.4.3.5 Delaware School Bus Driver physical with TB screening (if needed); if under five (5) years complete TB Questionnaire, and if over five (5) years complete TB screening.7.4.3.6 School Bus Driver Refresher Training;7.4.3.8 Successful retake of the required written tests for CDL and "S" endorsement with DDMV;7.4.3.9 Successful retake of the Skills test with DDMV; and7.4.3.10 Successful retake of the Road test with DDMV.7.5 School Bus Drivers shall complete an annual District- or Charter School-provided in-service training program that focuses on Delaware school bus regulations, safe operation procedures, behavioral management, and emergency situational training of at least four (4) hours during each fiscal year (July 1 to June 30). 7.5.1 All drivers who complete the four (4) hour District or Charter School training between July 1 to June 30 or during a make up session will receive a stipend based upon available funding.7.6 Districts and schools shall have a policy concerning the responsibilities of School Bus Drivers which, at a minimum, includes the following: 7.6.1 A statement that the School Bus Driver is in full charge of the bus and Pupils, has the authority of a classroom teacher, and is responsible for the health, safety, and welfare of each passenger.7.6.2 Statements listing at a minimum the following specific responsibilities of the School Bus Driver: 7.6.2.1 Operate the school bus in a safe and efficient manner at all times.7.6.2.2 Conduct thorough pre-trip and post-trip checks.7.6.2.2.1 Pre-trip inspection of the vehicle shall be completed and documented to ensure the vehicle is safe, safety equipment is fully operational, and the bus is clean.7.6.2.2.2 Post-trip inspections shall be completed and documented. 7.6.2.2.2.1 Morning post-trip inspections relating to checking for students left behind shall be completed at each school after unloading students and before returning to the bus parking destination, and should be conducted once again when arriving to bus parking destination.7.6.2.2.2.2 Afternoon post-trip inspection relating to checking for students left behind should be completed after the last stop of each of route in a safe location, and shall be conducted once again when arriving to bus parking destination.7.6.2.3 Establish and maintain rapport with passengers.7.6.2.4 Maintain discipline among passengers.7.6.2.5 Meet emergency situations effectively.7.6.2.6 Communicate effectively with District and school staff, parents and students.7.6.2.7 Maintain effective contact with the public.7.6.2.8 Complete reports as required by the state or District.7.6.2.9 Complete required training programs satisfactorily.7.6.2.10 Refrain from using profanity, indecent language or tobacco, to include vaping products while on duty.7.6.2.11 Dress appropriately, as defined by District or school policy.7.6.2.12 Pick up and drop off Pupils only at designated stops.7.6.2.13 Submit to periodic random drug and alcohol testing and be subject to actions specified in the Delaware Code and in federal requirements.7.6.2.14 Good faith suspicions or knowledge of child abuse or neglect must be reported to the Division of Family Services (DFS) Report Line. A report must be made immediately by the School Bus Driver with the direct knowledge, or a joint report may be made immediately by the School Bus Driver and the school principal or designee.7.6.2.15 Immediately notify direct supervisors, including Transportation Supervisors, and school administration of any school bus accident after ensuring the safety of Pupils.7.6.2.16 Prior to each departure, instruct each Pupil transported on an activity or field trip in a school bus in safe riding practices and on the location and operation of emergency exits.7.7 Perform other duties as assigned by the Transportation Supervisor or designee.7.8 Criminal Background Checks7.8.1 The drivers shall present themselves to SBI for fingerprinting for state and Federal Bureau of Investigation criminal background checks; which is coordinated through DDMV. The individual must provide the District with the "S" eligible clearance letter.7.8.2 Applicants are required to follow the procedures outlined by DDMV.7.8.3 The driver shall cooperate in all respects with the criminal background check process.7.8.4 Upon completion of the procedure, the driver will be sent a clearance letter or denial of clearance letter by DDMV, and the driver shall provide a copy of the letter to the District where the driver is seeking employment or contracted services.7.8.5 For out-of-state drivers, federal and criminal background checks need to be requested as a State of Delaware public school employee, and the reports need to be sent to the District for determination.7.9 Shall ensure the School Bus Driver has provided current and valid credentialing documents to the District before performing their safety-sensitive duties.14 Del. Admin. Code § 1150-7.0
12 DE Reg. 1086 (02/01/09)
18 DE Reg. 961 (6/1/2015)
19 DE Reg. 307 (10/1/2015)
24 DE Reg. 145 (8/1/2020) (Final)