581-053-0004 General (1) Transportation entities shall provide transportation in compliance with all applicable laws and administrative rules. (2) Transportation entities that contract out all or part of their pupil transportation services are required to ensure that their contractor complies with all applicable laws and administrative rules. (3) Transportation entities or contractors shall not require or knowingly permit any person to operate a school bus or school activity vehicle in violation of any applicable rules of the State Board of Education or Oregon laws. (4) Transportation entities or contractors shall notify ODE within 30 days if they have actual knowledge that: (a) A school bus or school activity vehicle driver has violated an ORS or OAR; and (b) Student or public safety was jeopardized by the violation. (5) Transportation entities or contractors shall notify ODE within 30 days anytime a school bus or school activity vehicle driver leaves their employment or is hired while already possessing an otherwise valid certificate or permit: (6) Each school board shall adopt and implement written policies that: (a) Direct schools governed by the board to notify the transportation service provider’s designee if students receiving transportation services have special medical or behavioral protocols identified in their student records; and (b) Ensure drivers receive appropriate and documented training related to specified protocols, including but not limited to satisfying confidentiality requirements. (7) Relocation of school buses and school activity vehicles: (a) Written notification must be sent to ODE when a school bus or school activity vehicle is moved to another transportation entity for a period exceeding 10 days. (b) Written notification must be sent to ODE when a school bus or school activity vehicle is received from another transportation entity for a period exceeding 10 days. (c) School buses with a manufacture date prior to September 1, 1998 may not be relocated. (d) Type 20 and Type 21 school activity vehicles with a manufacture date prior to September 1, 1994 may not be relocated. (8) A seat that fully supports the passenger shall be provided for every passenger on all school buses and school activity vehicles. Seating is not permitted on any portion of the vehicle not designed for that purpose. Passengers shall not be permitted to stand while the vehicle is in motion. (9) Transportation entities and contractors shall provide for the required training, examination and testing of their school bus and school activity vehicle drivers to comply with rules promulgated by the State Board of Education. Appropriate specialized training designed for special needs transportation shall be provided prior to allowing drivers to transport students with disabilities. Records to document training and testing shall be maintained by transportation entities. Such records shall be made part of each driver’s driver-training record file. Records shall be made available to ODE personnel or the driver upon request. (10) Transportation entities and contractors that use aides, either assigned to specific bus routes or to specific students, shall receive training on emergency procedures and their role in the safe transportation of all students on the bus. (11) Transportation entities or contractors employing school bus drivers or school activity vehicle drivers shall immediately notify ODE if they have reason to believe any change has occurred in an employed driver’s criminal or driving record that could affect the driver’s qualifications under the provisions of OAR 581-053-0050. (12) When a school bus driver requires a physical exam as required by OAR 581-053-0040 or a school activity driver requires a physical exam as required by 49 CFR 391.41-381.49, the transportation entity or contractor shall verify that the driver was certified by a medical examiner listed on the National Registry of Certified Medical Examiners as of the date of issuance of the medical examiner’s certificate. (13) A transportation entity or contractor shall notify ODE in writing within 30 days of when they receive notification that a school bus driver employed by the entity or contractor: (a) No longer meets the physical requirements for school bus drivers specified in OAR 581-053-0040; (b) Fails to comply with the testing or screening requirements established by the Federal Motor Carrier Safety Administration for commercial drivers at title 49 CFR part 382. (14) Transportation entities shall submit accident reports to ODE, signed by a supervisor or designee, within 72 hours of the crash. In the case of an accident involving serious injury or death, ODE shall be notified immediately. (15) Transportation entities shall report to ODE statistics related to pupil transportation. Statutory/Other Authority: ORS 327.013 & 820.100 - 820.120 Statutes/Other Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120 History: ODE 40-2014, f. & cert. ef. 9-3-14 ODE 19-2012, f. & cert. ef. 6-14-12