W. Va. Code R. § 126-92-14

Current through Register Vol. XLI, No. 19, May 10, 2024

Section 126-92-14 - Guidelines for Curricular and Extra-curricular Trips

14.1. County boards providing transportation for students participating in curricular and extra-curricular activities shall require participating school officials to submit a planned schedule to the county superintendent or his/her designee for approval. Procedure shall be as follows:

14.1.a. the county director shall receive a copy of the approved schedule far enough in advance to arrange safe and adequate transportation.

14.1.b. schedules for approved trips shall not interfere with the regular transportation schedule.

14.1.c. only operators employed by the county board shall operate type A, C, and D buses on such trips.

14.1.d. all buses used for such trips shall be covered by insurance as provided in W. Va. Code § 18-5-13.

14.1.e. students transported in a bus on such trips shall, in addition to the operator, be supervised by at least one professional employee of the county board who shall provide a list of all persons on the bus to the operator. Each bus shall be supervised by a professional employee or person approved by the county board with assurances that provisions for specialized health care needs are made, if necessary.

14.1.e.1. Students transported in a bus on such trips shall be instructed on the location and operation of all emergency exits and proper procedures for evacuating the bus in case of accident or breakdown.

14.2. County boards providing curricular and extra-curricular transportation shall file a report through the WVEIS at the end of each month on curricular and extra-curricular trips.

14.3. Professional personnel permitted to drive board-owned, rented, or leased vehicles with a designed seating capacity of fewer than ten occupants, not including the operator, pursuant to W. Va. Code § 18-5-13(f)(4), shall have a valid driver's license. All occupants in these vehicles shall wear restraints anytime the vehicle is in motion. Professional personnel shall be defined per W. Va. Code § 18A-1-1. No more than one county board-owned, rented, or leased vehicle as described above shall be used for any single trip. A bus should be used for more than nine students and/or passengers on curricular and extra-curricular trips.

14.4. Students may be transported to a school-sponsored activity in a vehicle that has a designed seating capacity of 16 or more passengers such as a charter or public transit bus which is not owned and operated by the county board only as follows:

14.4.a. Automobile insurance coverage:

14.4.a.1. a certificate of insurance must be issued as follows:

14.4.a.1.A. the certificate holder will be the county board.

14.4.a.1.B. the cetificate of insurance must have evidence of a minimum of $5,000,000 per occurrence of automobile liability.

14.4.a.1.C. the certificate of insurance should provide for 30 day notice of cancellation. Any certificate of insurance limited to a specific event or date is not acceptable.

14.4.a.1.D. acceptance will be for all locations and operations of the school system.

14.4.a.1.E. for the charter or a public transit bus company to remain eligible to provide service, a new Certificate of Insurance must be supplied to the county board whenever the insurance is renewed, which normally occurs on an annual basis. The county board will not contact the bus company before suspending the company from providing charter service due to an expired certificate.

14.4.a.1.F. any notice from the insurance company that a bus company's insurance has been cancelled for any reason will result in the bus company's suspension from providing charter service to the county board;

14.4.b. Preventive maintenance and maintenance records are provided.

14.4.c. Bus or public transit ratings are provided.

14.4.d. Driver training, certification, and criminal history record check are provided.

14.4.e. The vehicle owner shall provide to the county board proof that the vehicle and driver satisfy the requirements of WVBE policy.

14.5. County boards may lease pursuant to rules established by the county board.

14.5.a. Leased buses may be operated only by operators regularly employed by the county board.

14.5.b. The lessee shall bear all costs and expenses incurred by, or incidental to, the use of the bus.

14.5.c. The county board may lease buses to:

14.5.c.1. public and private nonprofit organizations and private corporations to transport school-age children for camps or educational activities;

14.5.c.2. any college, university, or officially recognized campus organization for transporting students, faculty, and staff to and from the college or university. Only college and university students, faculty, and staff may be transported pursuant to this paragraph.

14.5.c.3. public and private nonprofit organizations, including education employee organizations, for transportation associated with fairs, festivals, and other educational and cultural events.

14.5.d. The lease shall include provisions for:

14.5.d.1. compensation for operators.

14.5.d.2. consideration for insurance coverage, repairs, and other costs of service.

14.5.d.3. any rules concerning passenger behavior.

14.5.e. The county board may charge fees in addition to those charges otherwise required by this subsection.

W. Va. Code R. § 126-92-14