justicedao/ipfs_state_laws huggingface dataset:
581-053-0130 Assistant Trainer Certificate (1) The Oregon Department of Education may approve an an individual as an Assistant Trainer who has: (a) One year experience operating a school bus; (b) A current School Bus Driver’s Certificate; (c) Submitted a letter of request that includes information regarding the behind-the-wheel trainer(s) that the applicant will be working with; and (d) Submitted a letter of recommendation from their supervisor. (2) Assistant trainers shall work under the direction of a certified behind-the-wheel trainer. (3) The Assistant Trainer approval authorizes an individual to: (a) Work with school bus driver applicants on portions of the behind-the-wheel training that have already been taught and documented by a certified behind-the-wheel trainer; and (b) Train applicants to drive a type 20 vehicle and sign off on the type 20 performance checklist in accordance with OAR 581-053-0420 only if the applicant has a valid driver license or CDL. If the type 20 vehicle is designed to hold 15 or more passengers, a CDL or CLP with a valid medical certificate is required. (4) Assistant trainers shall not sign off on any item on the performance checklist for new school bus drivers except for the assistant trainer line on the last page. (5) The assistant trainer approval shall be invalid if: (a) The assistant trainer no longer has a valid school bus certificate; or (b) The behind-the-wheel trainer(s) identified in the approval letter is (are) no longer available to provide direction to the assistant trainer. Statutory/Other Authority: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 Statutes/Other Implemented: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 History: ODE 55-2024, amend filed 10/25/2024, effective 10/25/2024 ODE 40-2014, f. & cert. ef. 9-3-14 ODE 19-2012, f. & cert. ef. 6-14-12
581-053-0135 Reference Point Trainer Certificate (1) The Oregon Department of Education may issue a Reference Point Trainer Certificate to an individual who has: (a) A valid Assistant Trainer Certificate; (b) Submitted an application; and (c) Submitted a completed advanced reference point performance checklist indicating that the applicant has mastered all parts of the Advanced Reference Point Manual, signed by a behind-the-wheel trainer. (2) The Reference Point Trainer Certificate authorizes an individual to (a) Teach the material out of the Advanced Reference Point Manual, published by ODE, to school bus drivers who already posses a valid School Bus Driver’s Permit or Certificate; and (b) Sign-off mastery of reference points on the advanced reference point performance checklist for the driver’s file and for ODE training credit. (3) The Reference Point Trainer Certificate shall be invalid if the individual does not have a valid Assistant Trainer Certificate. 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 19-2012, f. & cert. ef. 6-14-12
581-053-0145 Behind-the-Wheel Probationary Trainer Certificate (1) The Oregon Department of Education may issue a Behind-the-Wheel Probationary Trainer Certificate to an individual who has: (a) Two years experience operating commercial motor vehicles; (b) One year experience operating a school bus within the last 24 months; (c) Six months experience as an assistant trainer, except that: this requirement may be waived by the ODE Director of Pupil Transportation. Request for exception from this requirement will be decided on an individual basis. (d) A current School Bus Driver’s Certificate; (e) Been recommended by a transportation entity or contractor; and (f) Completed the Behind-the-Wheel Training Workshop with a score of at least 75%. (2) The Behind-the-Wheel Probationary Trainer Certificate shall expire 120 days from time of issuance. The certificate shall become immediately invalid if the certificate holder: (a) Does not have a valid School Bus Certificate; or (b) Does not recertify when required by OAR 581-053-0100. (3) ODE may grant one 60 day extension of a probationary certificate. (4) ODE may convert the Behind-the-Wheel Probationary Trainer Certificate to a Behind-the-Wheel Trainer Certificate once the certificate holder: (a) Trains two school bus driver applicants in accordance with the rules; (b) Submits copies of completed performance checklists for each driver; (c) Ensures that each driver is tested by a third party examiner sponsored by ODE. Each test shall be conducted by a different examiner; (d) Submits a copy of all tests administered to the school bus driver applicants trained in accordance with this section, including test failures; (e) Submits documentation of additional training if a school bus driver applicant fails a School Bus Skills Test; and (f) Meets any additional requirements deemed appropriate by ODE. (5) The Behind-the-Wheel Probationary Trainer Certificate may be suspended or revoked for the same reasons that the Behind-the-Wheel Trainer Certificate may be suspended or revoked. (6) A probationary trainer shall not conduct skills tests of school bus or type 20 drivers as outlined in OAR 581-053-0140 Behind-the-Wheel Trainer Certificate. 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 19-2012, f. & cert. ef. 6-14-12
581-053-0160 Core Instructor Certificate (1) The Oregon Department of Education shall issue a Core Instructor Certificate to an individual who has completed the Core and Advanced Instructor Workshop with a score of 80% or greater. (2) The Core Instructor Certificate authorizes an individual to teach the following classroom curriculum, from a current manual published by ODE: (a) Core, an 8 hour program for new school bus drivers. Core consists of four parts: (A) Section 1 is a one hour course that covers qualifications and bus construction standards. (B) Section 2 is a two hour course that covers responsibilities and regulations. (C) Section 3 is a two and a half hour course that covers pupil management. (D) Section 4 is a two and a half hour course that covers emergency and accident procedures. (b) Advanced unit A, a two hour course that covers laws and liability. (c) Advanced unit B, a three hour course that covers special driving conditions and techniques. (d) Advanced unit C, a two hour course that covers CDL complying vehicle inspections. (e) Advanced unit D, a two hour course that covers field trips. (f) Advanced unit E, a two hour course that covers brakes. (g) Advanced unit F, a two hour course that covers power train. (3) Notwithstanding section (2) of this rule, a certified core instructor may conduct classroom instruction that has been approved by ODE under OAR 581-053-0225. 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 19-2012, f. & cert. ef. 6-14-12
581-053-0170 Core Refresher Instructor Certificate (1) The Oregon Department of Education shall issue a Core Refresher Instructor Certificate to an individual who has: (a) A valid Core Instructor Certificate; and (b) Completed the Core Refresher Instructor Workshop with a score of 80% or greater. (2) The Core Refresher Instructor Certificate authorizes an individual to teach the four hour Core Refresher classroom curriculum, from a current manual published by ODE. (3) The Core Refresher Instructor Certificate is invalid at anytime that the certificate holder does not have a valid Core Instructor Certificate. 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 19-2012, f. & cert. ef. 6-14-12
581-053-0180 Transporting Students with Special Needs Instructor Certificate (1) The Oregon Department of Education shall issue a Transporting Students with Special Needs Instructor Certificate to an individual who has: (a) A valid Core Instructor Certificate; and (b) Completed the Transporting Students with Special Needs Instructor Workshop with a score of 80% or greater. (2) The Transporting Students with Special Needs Instructor Certificate authorizes an individual to teach the eight hour Transporting Students with Special Needs curriculum, from a current manual published by ODE. This curriculum consists of five sections. (a) Section 1 is a one and a half hour course that covers familiarization. (b) Section 2 is a one hour course that covers terminology and laws. (c) Section 3 is a two hour course that covers pupil management. (d) Section 4 is a two hour course that covers lifts and securements. (e) Section 5 is a one and a half hour course that covers bus emergencies. (3) The Transporting Students with Special Needs Instructor Certificate is invalid anytime the certificate holder does not have a valid Core Instructor Certificate. 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 19-2012, f. & cert. ef. 6-14-12
581-053-0210 Administrative Requirements Pertaining to School Buses (1) Each school board shall adopt and implement a written transportation policy regarding student conduct and discipline that conforms to ORS 339.250 Duty of student to comply with rules; discipline, suspension, expulsion, removal and counseling; written information on alternative programs required, ORS 343.533 Transportation service to preschool children with disabilities, OAR 581-021-0065 Suspension, 581-021-0070 Expulsion, 581-015-2400–581-015-2445 Special Education: Discipline, and the Individuals with Disabilities Education Act, 20 USC 1400 et seq. (2) Safety instruction: (a) All regularly transported pupils shall receive the following instruction at least once within the first six weeks of the first half of each school year and once within the first six weeks of the second half of each school year: (A) Safe school bus riding procedures, including but not limited to loading, unloading and crossing; (B) Use of emergency exits; and (C) Planned and orderly evacuation of the school bus in case of emergency, including participation in actual evacuation drills. (b) All pupils who are not regularly transported shall receive the following instruction at least once in the first half of each school year: (A) Safe school bus riding procedures, including but not limited to loading, unloading and crossing; and (B) Use of emergency exits. (c) Records listing safety instruction course content and dates of training shall be maintained locally. (3) Transportation entities or contractors selling a used school bus shall be responsible for removing all markings that would identify it as a school bus, including the bus safety lights and school bus stop arm. If the school bus is sold for the purpose of: (a) Transporting school children to and from a school, the school bus identifying markings, bus safety lights, and school bus stop arm need not be removed; or (b) Transporting workers, the bus safety lights need not be removed. (4) A transportation entity shall verify a school bus or activity vehicle driver applicant has a qualified driving record under OAR 581-053-0050 and valid driving credentials before beginning training. Statutory/Other Authority: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 Statutes/Other Implemented: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 History: ODE 55-2024, amend filed 10/25/2024, effective 10/25/2024 ODE 19-2012, f. & cert. ef. 6-14-12
581-053-0225 Approved Training for School Bus Drivers (1) Training taught from material published by the Oregon Department of Education shall count towards a school bus driver’s average training hours when taught by a certified instructor within the scope of their certificate. (2) Training taught by a certified first aid instructor that results in the issuance of a first aid card demonstrating that a driver is trained in first aid. Proper certification of a first aid instructor is determined by the organization that issues a first aid card to the driver. (3) Training taught from material not published by ODE shall count towards a school bus driver’s required training hours if: (a) The transportation entity has an ODE approval letter on file; and (b) The training was conducted in accordance with the letter and applicable OARs. (4) ODE may approve training for inclusion in a school bus driver’s required training hours if the transportation entity: (a) Submits a letter to ODE requesting approval of the training that includes a list of instructors who will teach the material. If the instructors are not certified through ODE, then the letter shall include background information and supporting documentation to establish the instructor as an expert in the field being taught; and (b) A copy of the presentation material. This may include, but is not limited to, hand outs, outlines, and multimedia presentations. (5) If ODE approves training that has been properly submitted as required by section (3) of this rule, then ODE shall issue a letter that indicates: (a) The amount of time that will be accredited towards a school bus driver’s required training hours for attending the training; (b) The class and unit that the training will be assigned for record keeping purposes; (c) The instructor(s) that may teach the material; and (d) The expiration date for the approval shall be four years after the approval date. (6) Transportation entities may request a renewal of an expired approval letter or request that additional instructors be added to an approval letter by submitting: (a) A letter certifying that the material being taught has not changed since the original approval letter was issued by ODE (b) A list of instructors that will teach the material; and (c) A copy of the original letter issued by ODE. (d) Letters issued under this section will contain the same information as a letter issued in section (4) of this rule. (7) Approval letters issued before July 1, 2012 that do not have an expiration date shall expire on July 1, 2013 or four years after the issue date of the letter, whichever is later. 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
581-053-0310 Administrative Requirements Pertaining to Type 10 School Activity Vehicles (1) Type 10 vehicles may be used for transportation from home to school, school to home, and to and from authorized school activities. (2) Each transportation entity that operates type 10 school activity vehicles shall implement written procedures to ensure compliance with applicable rules and laws. (3) If type 10 school activity vehicles are used for home to school transportation, then the school board shall adopt and implement a written transportation policy as outlined in OAR 581-053-0210(1) and ensure safety instruction is provided as required in 581-053-0210(2). (4) Transportation entity shall notify ODE within 30 days if a type 10 driver, who is on an approved list, is no longer employed or performing the duties of a type 10 driver. 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 19-2012, f. & cert. ef. 6-14-12
581-053-0340 Minimum Standards for Type 10 School Activity Vehicles (1) Vehicle certification tag shall not indicate that the vehicle is a ‘Bus’. (2) Vehicle construction shall be according to manufacturers' standard for all vehicles having a capacity of ten or fewer persons including the driver. Capacity shall be based on each vehicle's manufacturer-designated seating capacity; (3) In addition to the manufacturers’ standard equipment, type 10 vehicles shall have all emergency equipment as listed for school buses in OAR 581-053-0240. 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 19-2012, f. & cert. ef. 6-14-12
581-053-0410 Transportation Entity Requirements for Type 20 School Activity Vehicle Operation (1) Type 20 activity vehicles shall not be used for home to school transportation, in accordance with the definition in Code of Federal Regulations Title 49, Subtitle B, Chapter V, Part 571, Subpart A, §571.3( c) of a Multifuction School Activity Bus (MFSAB). (2) Each transportation entity that operates type 20 activity vehicles shall implement written procedures to ensure compliance with applicable rules and laws. (3) Transportation entity shall notify ODE within 30 days if a type 20 driver is no longer driving for the entity. Statutory/Other Authority: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 Statutes/Other Implemented: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 History: ODE 55-2024, amend filed 10/25/2024, effective 10/25/2024 ODE 19-2012, f. & cert. ef. 6-14-12
581-053-0440 Minimum Standards for Purpose Built Type 20 Vehicles Type 20 school activity vehicles shall meet all minimum standards for a type A-1 school bus as listed in OAR 581-053-0240 and retrofit standards applicable to a type A-1 school bus as listed in 581-053-0250, with the following modifications. Type 20 vehicles: (1) Shall be certified as a school bus or multifunctional school activity bus, as required by the FMVSS, in accordance with the definition in Code of Federal Regulations Title 49, Subtitle B, Chapter V, Part 571, Subpart A, §571.3( c) of a Multifuction School Activity Bus (MFSAB). (2) May be painted any color. (3) Shall not have a crossing arm. (4) Shall not display the words “School Bus.” (5) Shall not display bus safety lights. If the vehicle has been converted from school bus use to activity vehicle use, the safety lights shall be inoperable. (6) Shall not display a school bus stop arm. If the vehicle has been converted from school bus use to activity vehicle use, the school bus stop arm shall be removed. (7) Do not require a public address system. (8) Shall be exempt from OAR 581-053-0240 (25) Emissions. Statutory/Other Authority: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 Statutes/Other Implemented: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 History: ODE 55-2024, amend filed 10/25/2024, effective 10/25/2024 ODE 40-2014, f. & cert. ef. 9-3-14 ODE 19-2012, f. & cert. ef. 6-14-12
581-053-0445 Use of a School Bus as a Type 20 Vehicle (1) When a school bus is temporally used as a type 20 vehicle: (a) The words “School Bus” shall not be displayed; (b) The bus safety light shall be covered to prevent display after accidental activation; (c) The school bus stop arm shall be covered to prevent display of both sides of the stop arm after accidental activation. (2) Vehicles used for both school bus and school activity vehicle applications shall be inspected as a school bus for its annual inspection or for inspections conducted by ODE staff. 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 19-2012, f. & cert. ef. 6-14-12
581-053-0511 District Requirements for Type 21 School Activity Vehicle Operation (1) Type 21 activity vehicles shall not be used for home to school transportation, in accordance with the definition in Code of Federal Regulations Title 49, Subtitle B, Chapter V, Part 571, Subpart A, §571.3( c) of a Multifuction School Activity Bus (MFSAB). (2) Each transportation entity that operates type 21 activity vehicles shall implement written procedures to ensure compliance with applicable rules and laws. (3) Transportation entity shall notify ODE within 30 days if a type 21 driver is no longer employed by the entity. (4) Transportation entity shall ensure that all type 21 drivers are part of a random drug testing pool as required under 49 CFR 382, and that any driver who has been out of a random drug testing pool for longer than 30 days is given a pre-employment screen required under 49 CFR 382. Statutory/Other Authority: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 Statutes/Other Implemented: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 History: ODE 55-2024, amend filed 10/25/2024, effective 10/25/2024 ODE 19-2012, f. & cert. ef. 6-14-12
581-053-0521 Type 21 Driver Training and Certification (1) No person shall transport pupils in a type 21 activity vehicle unless such person has completed all requirements for a School Bus Permit or Certificate as outlined in OAR 581-053-0220, except that a restricted “Type 21 Only” School Bus Permit or Certificate will be issued to a person who does not have the proper CDL for, or does not test in, a school bus. (2) A person may drive a type 21 activity vehicle as a temporary driver as listed in OAR 581-053-0220, except that a restricted “Type 21 Only” temporary driver may be approved. 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 19-2012, f. & cert. ef. 6-14-12
581-053-0540 Minimum Standards for Type 21 Vehicles Type 21 school activity vehicles shall meet all minimum standards for a school bus as listed in OAR 581-053-0240 and retrofit standards applicable to school buses as listed in 581-053-0250, with the following modifications.Type 21 vehicles: (1) Shall be certified as a school bus or multifunctional school activity bus, as required by the FMVSS. (2) May be painted any color. (3) Shall not display the words “School Bus”. (4) Shall not display bus safety lights. (5) Shall not display a school bus stop arm. (6) Do not require a public address system. (7) Shall be exempt from OAR 581-053-0240 (25) Emissions. Statutory/Other Authority: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 Statutes/Other Implemented: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 History: ODE 55-2024, amend filed 10/25/2024, effective 10/25/2024 ODE 40-2014, f. & cert. ef. 9-3-14 ODE 19-2012, f. & cert. ef. 6-14-12 1EB 26-1986, f. 7-17-86, ef. 10-1-86