N.J. Admin. Code § 6A:27-12.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:27-12.1 - General requirements

(a) The school bus driver and aide shall be reliable persons of good moral character who possess the qualifications and communication skills necessary to perform the duties of the position.

(b) Anyone driving a school vehicle used to transport students to and from school and school-related activities shall meet all requirements of N.J.S.A. 18A:6-7.6 through 7.12 and 18A:39-17, 18, 19.1, and 20, and all New Jersey Motor Vehicle Commission (NJMVC) rules governing school bus drivers.

1. The executive county superintendent shall ensure compliance with the requirements in (b) above.

(c) Any certified mobility assistance vehicle technician authorized by a district board of education, nonpublic school governing body, or State agency to provide mobility assistance vehicle transportation services, pursuant to N.J.S.A. 18A:39-20.1, shall:

1. Furnish to the executive county superintendent a criminal history background check and evidence of a check for the technician's record of alcohol and drug-related motor vehicle violations;

2. Not be required to be licensed or regulated as a school bus driver; and

3. Not be subject to the requirements set forth in N.J.S.A. 18A:39-19.2.

(d) A driver shall hold a valid commercial driver's license (CDL) with appropriate endorsement (s) for the class and type of vehicle operated, issued by the NJMVC or the state where the driver primarily resides.

(e) School bus drivers shall wear a properly adjusted and fastened seat belt.

(f) Employers shall submit to the Department's Office of Student Protection a school bus driver transmittal form, and shall receive an approval letter from the Office of Student Protection, prior to assigning a newly hired, currently approved school bus driver to a bus route.

(g) Employers shall retain a current qualifications record for each school bus driver and aide. At a minimum, the retained records shall include:

1. The driver's and/or aide's name and Social Security number;

2. The driver's license number with the class of license, endorsement to operate a school bus, and the issuing state;

3. A current medical examiner's certificate, if required;

4. The current criminal history background check certification letter; and

5. A copy of the Department's Office of Student Protection school bus driver transmittal form, if applicable.

(h) Employers shall notify each school bus driver when reoccurring qualification requirements become due. The requirements shall include, but not be limited to:

1. Driver license renewal;

2. Driver physical; and

3. Criminal history background check.

(i) Employers shall notify each school bus aide and mobility vehicle assistance technician when the criminal history background check becomes due.

(j) Within one business day of notification that a school bus driver's license is suspended or revoked, employers shall verify to the Department's Office of Student Protection that the driver is no longer operating a school bus.

(k) The driver shall complete daily a driver's school bus condition report as prescribed by the NJMVC.

(l) School bus aides shall meet criminal history background check requirements, pursuant to N. J.S.A. 18A:6-7.1 et seq.

(m) School bus drivers and aides shall be considered under the Federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, to be school officials who have a legitimate educational interest to parts of a student's record relating to transportation, without parental consent.

1. Legitimate educational interest, applicable whenever a school official needs to review an education record to fulfill his or her professional responsibility, is defined for school bus drivers and aides as information needed to receive proper training and ensure informed actions to safely transport the student and any other students on the bus.

N.J. Admin. Code § 6A:27-12.1

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In the introductory paragraph of (b) and in (c), substituted "Motor Vehicle Commission" for "Department of Transportation"; added (b)1, (e)5 and (j); rewrote the introductory paragraph of (e); in (e)3, deleted "and" from the end; in (e)4, substituted "; and" for a period at the end; in (f), substituted "Motor Vehicle Commission" for "Commissioner of Education"; and in (i), updated the N.J.A.C. reference.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (b), inserted ".1," and "(NJMVC)"; in (b)1, substituted "executive county superintendent" for "Executive County Superintendent"; in (c), substituted "commercial driver's license" for "Commercial Driver's License" and "NJMVC" for New Jersey Motor Vehicle Commission"; in the introductory paragraph of (e), inserted a comma following "aide", inserted "to the Department's Criminal Review Unit", and deleted "to the New Jersey Department of Education Criminal Review Unit" following "form"; in (e)1, substituted "Social Security" for "social security"; in (e)5, substituted "Department's" for "New Jersey Department of Education"; in (f), substituted "NJMVC" for "Motor Vehicle Commission"; in (i), updated the N.J.A.C. reference; in the introductory paragraph of (j), deleted "to be school officials" following "considered" and "those" preceding "parts", and inserted "to be school officials"; in (j)1, deleted "in order" following "record" and following "needed"; and in (j)2, deleted a comma following "records".

Amended by 53 N.J.R. 163(a), effective 2/1/2021