W. Va. Code R. § 126-92-17
Current through Register Vol. XLI, No. 24, June 14, 2024
Section 126-92-17 - Criteria for the Certification of Operator Candidates and Contract Operators17.1. 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.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.W. Va. Code R. § 126-92-17