W. Va. Code R. § 126-92-3

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 126-92-3 - Bus Passenger Regulations

3.1. The Executive Director of the WVDE Office of School Facilities and Transportation (State Director), shall serve as the liaison with county boards in the implementation of Policy 4336.

3.2. The operator shall be in charge of any passengers riding the bus. The operator shall follow W. Va. 126 CSR 99, Policy 4373, Expected Behavior in Safe and Supportive Schools (Policy 4373) to provide discipline on buses.

3.3. The county board shall provide training on Policy 4373 to all operators and aides upon initial employment with the county, and any time Policy 4373 is revised.

3.4. Enrolling or enrolled students, employees, or persons approved previously by a county board are the only passengers eligible to be transported by the county school transportation system. Under no circumstances is a student to be left at a bus stop unattended. Operators shall follow the county's ridership procedures.

3.5. All students living greater than two miles from their assigned school or nearest bus route are eligible for school transportation services. Transportation services are not recommended on streets, roadways, or private property developments which are not maintained by the West Virginia Department of Highways or a public municipality, or a private property development that law enforcement agencies may not respond to an accident, or anywhere visibility, sight distances, or adequate space to maneuver the bus may be in question. It shall be the responsibility of the county board to develop a policy to address these issues and to determine if these conditions exist prior to establishing a bus route.

3.6. Students shall participate in emergency evacuation drills at least twice and three times for pre-kindergarten (pre-k) student(s) annually. The first drill is to be completed by October 31^st and the second by April 30^th of each school year.

3.7. Transportation requirements regarding WV Universal Pre-K are addressed in WVBE Policy 2525: West Virginia's Universal Access to a Quality Early Education System (Policy 2525). Policy 2525 addresses seating arrangements, supervision, and contact with families when children who typically ride the bus are absent. Transportation and school staff are responsible for requirements addressed in Policy 2525, as designated in the policy. Additionally, it is recognized that compartmentalization, the passive safety restraint systems required in buses under Federal Motor Vehicle Safety Standards (FMVSS) 222, provides a higher level of safety to children over 40 pounds; however, if a child weighing 40 pounds or less is transported, the following guidelines should be considered. All passengers under the age of five weighing 40 pounds or lessshouldbe secured in a CSRS and, if secured, shall meet the following:

3.7.a. each child shall be transported in a CSRS suitable for the child's weight, age, height, or specialized need that meets applicable FMVSS.

3.7.b. each child shall be properly secured in the CSRS.

3.7.c. the CSRS shall be properly secured to the bus seat, using an anchor age system that meets applicable FMVSS.

3.7.d. the seat directly behind a child transported in a CSRS shall remain unoccupied unless occupants in that seat are in a CSRS as well, or unless the seats are of an integrated type.

3.7.e. the services of a bus aide should be considered to assist the operator when transporting a student requiring a CSRS.

3.7.f. lap belts shall only be used to secure a CSRS, not a child. If lap belts are used to secure a CSRS, the bus seat(s) shall be seat belt-ready.

3.7.g. any use of lap/shoulder belt combinations shall meet all federal and state regulations.

W. Va. Code R. § 126-92-3