reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.907 - Program Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Nonresident individual.
Subject to subrule 41.131(6), the
				program costs charged by an LEA or an AEA for an instructional program for a
				nonresident eligible individual shall be the actual costs incurred in providing
				that program.
(2)
Contracted special education.
An AEA or LEA may make
				provisions for resident eligible individuals through contracts with public or
				private agencies that provide appropriate and approved special education. The
				program costs charged by or paid to a public or private agency for special
				education instructional programs shall be the actual costs incurred in
				providing that program.
(3)
LEA responsibility.
The resident LEA shall be liable only for
				instructional costs incurred by an agency for those individuals certified as
				eligible in accordance with these rules unless required by
				34 CFR Section
				300.104.
(4)
Support service funds.
Support service funds may not be utilized to supplement any special education
				programs authorized to use special education instructional funds generated
				through the weighting plan.
(5)
Responsibility for special education for children living in a foster
				care facility or treatment facility.
a. Eligible individuals who are living in a
				licensed individual or agency child foster care facility, as defined in Iowa
				Code section 237.1, or in an unlicensed
				relative foster care placement shall remain enrolled in and attend an
				accredited school in the school district in which the child resided and is
				enrolled at the time of placement, unless it is determined by the juvenile
				court or a public or private agency of this state that has responsibility for
				the child's placement that remaining in such school is not in the best
				interests of the child. If such a determination is made, the child may be
				enrolled in the district in which the child is placed and not in the district
				in which the child resided prior to receiving foster care. The costs of the
				special education required by this chapter shall be paid, in either case, by
				the school district of residence of the eligible individual.
b. For eligible individuals who are living in
				a facility as defined in Iowa Code section
				125.2, the LEA in which the
				facility is located must provide special education if the facility does not
				maintain a school. The costs of the special education shall be paid by the
				school district of residence of the eligible individual.
c. If the school district of residence of the
				eligible individual cannot be determined and this individual is not included in
				the weighted enrollment of any LEA in the state, the LEA in which the facility
				is located may certify the costs to the director of education by August 1 of
				each year for the preceding fiscal year. Payment shall be made from the general
				fund of the state.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.908 - Accountability

Current through Register Vol. 47, No. 3, July 24, 2024
The responsible agency shall provide special education and
				  related services in accordance with the individual's IEP; but the agency,
				  teacher, or other person is not held accountable if an individual does not
				  achieve the growth projected in the annual goals and objectives of the IEP, so
				  long as the individual's IEP was reasonably calculated to confer education
				  benefit and was implemented. Nothing in this rule or this chapter is to be
				  construed to create a right of action against any individual.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1002 - Special Education Mediation Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedures.
The parent, the LEA or the AEA may request a
				special education mediation conference on any decision relating to the
				identification, evaluation, educational placement, or the provision of FAPE
				without the need for filing a due process complaint. The mediation conference
				shall comply with rule
				281-41.506 (256B, 34CFR300).
a. A request for a special education
				mediation conference may be in the form of a letter or a pleading or on a form
				provided by the department. The request will identify the student, LEA and AEA
				and set forth the facts, the issues of concern, or the reasons for the
				conference. The letter will be provided to the department, to the AEA, and to
				the LEA.
b. Within five business
				days of receipt of the request for the conference, the department will contact
				all pertinent parties to determine whether participation is desired.
c. A mediation conference will be scheduled
				and held at a time and place reasonably convenient to all parties involved.
				Written notice will be sent to all parties by the department.
d. The student's complete school record will
				be made available for review by the parent prior to the conference, if
				requested in writing at least ten calendar days before the
				conference.
e. The individual's
				complete school record will be available to the participants at the conference
				if the record is requested in writing at least ten calendar days prior to any
				scheduling conference call or within two days following the scheduling
				conference call. The parties may agree to make less than the complete
				educational record available, or make no educational records available, at the
				mediation conference.
f. A mediator
				provided by the department will preside over the conference.
g. If an agreement is reached, a document
				meeting the requirements of paragraph 41.506(2)
"f"
will be
				executed.
h. If agreement is not
				reached at the conference, all parties will be informed of the procedures for
				filing a due process complaint.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1003 - Procedures Concerning Due Process Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
Due process hearings will be conducted pursuant to these
				  rules, the rules of the department of inspections, appeals, and licensing, and
				  any order made by the presiding administrative law judge.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1009 - Witnesses

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Subpoenas.
The director of education has the power to issue,
				but not to serve, subpoenas for witnesses and to compel the attendance of those
				thus served and the giving of evidence by them. The subpoenas will be given to
				the requesting parties whose responsibility it is to serve to the designated
				witnesses. Requests for subpoenas may be denied or delayed if not submitted to
				the department at least five business days prior to the hearing date.
(2)
Attendance of witness
				compelled.
Any party may compel by subpoena the attendance of
				witnesses, subject to limitations imposed by state law.
(3)
Cross-examination.
Witnesses at the hearing are subject to cross-examination. An individual whose
				testimony has been submitted in written form, if available, will be subject to
				cross-examination by any party necessary for a full and true disclosure of the
				facts. If the individual is not available and cross-examination is necessary
				for a full and true disclosure of the facts, the administrative law judge may
				exclude the individual's testimony in written form.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1011 - Communications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Restrictions on communications-administrative law judge.
The
				administrative law judge will not communicate directly or indirectly in
				connection with any issue of fact or law in that contested case with any person
				or party except upon notice and opportunity for all parties to
				participate.
(2)
Restrictions on communications-parties.
Parties or their
				representatives will not communicate directly or indirectly in connection with
				any issue of fact or law with the administrative law judge except upon notice
				and opportunity for all parties to participate as are provided for by
				administrative rules. The recipient of any prohibited communication will submit
				the communication, if written, or a summary of the communication, if oral, for
				inclusion in the record of the proceeding.
(3)
Sanctions.
Any or all of
				the following sanctions may be imposed upon a party who violates this rule:
				censure, suspension or revocation of the privilege to practice before the
				department, or the rendering of a decision against a party who violates the
				rules.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1012 - Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Transcripts.
All recordings or notes by certified court
				reporters of oral proceedings or the transcripts thereof will be maintained and
				preserved by the department for at least five years from the date of
				decision.
(2)
Hearing
				record.
The record of a hearing will be maintained and preserved by
				the department for at least five years from the date of the decision. The
				record under this division includes the following:
a. All pleadings, motions and intermediate
				rulings.
b. All evidence received
				or considered and all other submissions.
c. A statement of matters officially
				noted.
d. All questions and offers
				of proof, objections and rulings thereof.
e. All proposed findings and
				exceptions.
f. Any decision,
				opinion or report by the administrative law judge presented at the
				hearing.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1014 - Finality of Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Decision final.
The decision of the administrative law judge
				is final. The date of postmark of the decision is the date used to compute time
				for purposes of appeal.
(2)
Notice to department of a civil action.
A party initiating a
				civil action in state or federal court under rule
				281-41.516 (256B, 34CFR300)
				shall provide an informational copy of the petition or complaint to the
				department within 14 days of filing the action.
(3)
Filing of certified
				administrative record.
The department shall file a certified copy of
				the administrative record within 30 days of receiving the informational copy
				referred to in subrule 41.1014(2).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1015 - Disqualification of Mediator

Current through Register Vol. 47, No. 3, July 24, 2024
Any party may request an appointment of a new mediator for
				  any reason listed in subrule 41.1004(1). The department will determine whether
				  such grounds exist and, if so, shall appoint a new mediator.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1016 - Correcting Decisions of Administrative Law Judges

Current through Register Vol. 47, No. 3, July 24, 2024
An administrative law judge may, on the motion of any party
				  or on the administrative law judge's own motion, correct any error in a
				  decision or order under this chapter that does not substantively alter the
				  administrative law judge's findings of fact, conclusions of law, or ordered
				  relief, including clerical errors, errors in grammar or spelling, and errors in
				  the form of legal citation. Any such correction will be made within 90 days of
				  the date of the order or decision, will relate back to the date of the order or
				  decision, and will not extend any applicable statute of
				  limitations.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1100 - References to Federal Law

Current through Register Vol. 47, No. 3, July 24, 2024
All references in this chapter to the United States Code or
				  to the Code of Federal Regulations are to those provisions in effect on
				  February 7, 2024.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1101 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
Should any rule or subrule in this chapter be declared
				  invalid by a court of competent jurisdiction, every other rule and subrule not
				  affected by that declaration of invalidity remains valid.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1102 - Rule of Construction

Current through Register Vol. 47, No. 3, July 24, 2024
Language adopted pursuant to 2020 Iowa Acts, House File 2585,
				  is to be construed in a manner consistent with federal law and shall not be
				  construed to confer any different or greater right or responsibility under this
				  chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.1 - Intra-area Education Agency Routes

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Bus routes
				within the boundaries of transporting districts as well as within designated
				areas will be as efficient and economical as possible under existing
				conditions.
(2) The riding time,
				under normal conditions, from the designated stop to the attendance center, or
				on the return trip, will not exceed 75 minutes for high school pupils or 60
				minutes for elementary pupils. A school district may extend the riding time
				limits up to 15 minutes subsequent to a public hearing. (These limits may be
				waived upon request of the parents.)
(3) Pupils whose residence is within two
				miles of an established stop on a bus route are within the area served by the
				bus and are not eligible for parent or private transportation at public expense
				to the school served by the bus, except as follows:
a. Bus is fully loaded.
b. Physical disability makes bus
				transportation impractical.
All parents or guardians who are required by their school
				  district to furnish transportation for their children up to two miles to an
				  established stop on a bus route shall be reimbursed pursuant to Iowa Code
				  section 285.1(4).
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.2 - Interarea Education Agency Routes

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Joint
				consultation will be held by the area education agency boards involved. The
				initial steps may be undertaken by the area education agency administrators. If
				there are no difficulties and agreement is reached, the route is approved and
				no further action need be taken.
(2) If agreement is not reached in the
				initial attempt, the administrator of the area education agency in which the
				applying school is located will advise the superintendent of reasons for
				failure to reach agreement and request that the superintendent revise the
				transportation plan to meet the objection and resubmit same.
(3) If the area education agency boards do
				not reach agreement on the route, the home area education agency administrator
				will forward the complete record of the case together with disapproved
				transportation plan to the state department of education. Every effort should
				be made, however, to settle the matter locally.
(4) All legal provisions, standards and
				regulations applying to approval and operation of bus routes apply equally to
				interarea education agency bus routes.
(5) All interarea education agency bus routes
				are to be approved each year. If there has been no change in the designations,
				nor in the proposed route, the transportation plan may be made and agreement
				indicated by letter.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.3 - Contract Necessary

Current through Register Vol. 47, No. 3, July 24, 2024
All private contractors wishing to transport pupils to and
				  from school in privately owned vehicles are to be under contract with the local
				  board of education. This rule does not apply to individuals who transport their
				  own children or other children on a not-for-hire basis.
The contract will include, but not be limited to, all
				  provisions prescribed by the department of education.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.4 - Uniform Charge

Current through Register Vol. 47, No. 3, July 24, 2024
The contract will provide for a uniform charge for all pupils
				  transported. No differentiations may be made between pupils of different
				  districts except as provided in Iowa Code section
				  285.1(12). A
				  private contractor may establish a variance in fees when differences in how
				  transportation is provided are necessary in order to meet student
				  needs.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.6 - Contract With Parents

Current through Register Vol. 47, No. 3, July 24, 2024
Parents, guardians, or custodians undertaking to transport
				  other children for hire, in addition to their own, are private contractors.
				  These individuals are to be under contract and obtain an appropriate driver's
				  license and a school bus driver's authorization.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.7 - Vehicles

Current through Register Vol. 47, No. 3, July 24, 2024
Any vehicle used, other than that used by individuals to
				  transport their own children or other children on a not-for-hire basis, is
				  considered to be a school bus and is to meet all requirements for the type of
				  vehicle used, including semiannual inspection. This rule is not intended to
				  govern the use of passenger vehicles during the time the vehicles are not
				  actually engaged in transporting school pupils.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.8 - Required Charges

Current through Register Vol. 47, No. 3, July 24, 2024
Full pro rata costs are to be charged and collected for the
				  transportation of all nonresident pupils. No differentiation may be made in
				  charges due to differences in distance or grade in school.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.9 - Activity Trips Deducted

Current through Register Vol. 47, No. 3, July 24, 2024
Transporting school districts that use their equipment for
				  activity trips, educational tours, or other types of transportation services as
				  permitted in Iowa Code section
				  285.10(9)  and
				  285.10(10)  are
				  to deduct the cost of trips from the total yearly transportation cost. These
				  costs may not be included in the pro rata costs that determine the charge to
				  sending districts.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.10 - Permitted Uses Listed

Current through Register Vol. 47, No. 3, July 24, 2024
School buses may be used to transport pupils under the
				  following conditions:
(1) The program
				is a part of the regular or extracurricular program of a public school and has
				been so adopted and made a matter of record in the minutes of all the boards
				involved.
(2) The pupils are
				enrolled in a public or accredited nonpublic school.
(3) The program or activity is sponsored by a
				school or group of schools cooperatively and is under the direct control of a
				qualified staff member of a school district.
(4) The bus will be driven by an approved
				driver holding an appropriate driver's license and a school bus driver's
				authorization. In addition, the buses will be accompanied by a member of the
				faculty or other employee of the school or a parent or other adult volunteer as
				authorized by a school administrator who will be responsible for the conduct
				and the general supervision of the pupils on the bus and at the place of the
				activity. This person shall ride the bus. If the faculty member is an approved
				driver, that person can act both as a driver and faculty sponsor.
(5) School buses may be used by an
				organization of, or sponsoring activities for, senior citizens, children,
				individuals with disabilities, and other persons and groups, and for
				transportation of persons other than pupils to activities in which pupils from
				the school are participants or are attending the activity or for which the
				school is a sponsor under the following conditions:
a. The "school bus" signs are covered and the
				flashing warning lamps and stop arm made inoperable when the bus is being used
				in a nonschool-sponsored activity.
b. Transportation outside the state of Iowa
				is not provided without the approval of the Federal Motor Carrier Safety
				Administration of the United States Department of Transportation.
c. A chaperone rides each bus to assist the
				passengers in boarding and disembarking from the bus and to aid them in case of
				illness or injury.
d. The driver of
				the bus is approved by the local board of education and possesses an
				appropriate driver's license and a school bus driver's authorization.
e. The driver of the bus observes all motor
				vehicle laws for school buses at all times.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.11 - Driver Age

Current through Register Vol. 47, No. 3, July 24, 2024
School bus drivers must be at least 18 years of age on or
				  before August 1 preceding the opening of the school year for which a school bus
				  driver's authorization is required.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.12 - Physical Fitness

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Except for insulin-dependent diabetics, an applicant
				for a school bus driver's authorization is to undergo a biennial physical
				examination by a certified medical examiner who is listed on the National
				Registry of Certified Medical Examiners. The applicant will submit annually to
				the applicant's employer the signed medical examiner's certificate pursuant to
				Federal Motor Carrier Safety Administration regulations
				49 CFR Sections
				391.41 to
				391.49, indicating, among other
				requirements, sufficient physical capacity to operate the bus effectively and
				to render assistance to the passengers in case of illness or injury and freedom
				from any communicable disease. At the discretion of the chief administrator or
				designee of the employer or prospective employer, the chief administrator or
				designee shall evaluate the applicant's ability in operating a school bus,
				including all safety equipment, in providing assistance to passengers in
				evacuation of the school bus, and in performing other duties required of a
				school bus driver.
(2)
Insulin-dependent diabetics.
A person who is an
				insulin-dependent diabetic may qualify to be a school bus driver if the person
				meets all qualifications of Iowa Code section
				321.375(3).
				Such driver is subject to an annual physical examination by a qualified medical
				examiner as listed in subrule 43.12(1).
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.13 - Authorization

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The local board of education or its designee will
				issue a school bus driver's authorization for each approved driver annually
				once the provisions of Iowa Code section
				321.375 are satisfied.
(2)
Authorization to be carried by
				driver.
Every school bus driver is to carry a copy of the driver's
				school bus driver's authorization at all times when the driver is acting in
				that capacity.
(3)
Authorization denials and revocations.
A person who believes
				that a school bus driver who holds an authorization issued by the department of
				education or who seeks a school bus authorization has committed acts in
				violation of Iowa Code section 321.375(2) may file a complaint with the
				department against the driver or applicant. The department will notify the
				driver or applicant that a complaint has been filed and provide the driver or
				applicant with a copy of the complaint. A hearing will be set for the purpose
				of determining whether the bus driver's authorization will be denied,
				suspended, or revoked, or whether the bus driver should receive a reprimand or
				warning. Hearing procedures in 281-Chapter 6 apply to such proceedings. No
				school bus driver or applicant may retain or obtain employment if the local
				district finds that the individual is listed on the sex offender registry under
				Iowa Code section 692A.121 available to the
				general public, the central registry for child abuse information established
				under Iowa Code section
				235A.14, or the central registry
				for dependent adult abuse information established under Iowa Code section
				235B.5. A hearing conducted
				pursuant to Iowa Code section
				321.375(3)  or
				321.376 is to be limited to the
				question of whether the school bus driver or applicant was incorrectly listed
				on the registry. The driver or applicant will not serve in the capacity of a
				school bus driver while the appeal process is being
				conducted.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.14 - Fee Collection and Distribution of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
The department of education will assess a fee for semiannual
				  school bus inspections for each vehicle inspected by the department. The
				  department will present for payment a fee statement to the owner of each
				  vehicle inspected. For districts transporting pupils through a private
				  contractor under rule
				  281-43.3 (285), the fee
				  statement will be presented to the contracting district for payment.
The department of education will submit an annual budget
				  request for an amount equal to 100 percent of the total projected fees to be
				  collected during the next fiscal year, which is to be based on an amount equal
				  to the number of vehicle inspections completed during the previous school year
				  multiplied by the inspection fee authorized by statute.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.15 - Local Board Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
The board of education will proceed as follows in purchasing
				  school buses:
(1) Request bids unless
				the bus is a used or demonstrator bus.
(2) Notify dealers of intent to purchase
				school transportation equipment and request bids.
(3) Reserve right to reject all
				bids.
(4) Require all bids to be on
				comparable equipment that meets all state and federal requirements.
(5) Hold an open meeting for dealers to
				present merits of their equipment.
(6) Review bids, tabulate all bids, and make
				a record of action taken.
(7) Sign
				contracts or orders for purchase of school transportation equipment. The
				purchase agreement must provide that the dealer will deliver equipment that
				will pass initial state inspection at no further cost to the school.
(8) Notify the department of education of
				delivery so that arrangements can be made for the initial school bus
				inspection. No school bus may be put into service until it has passed a pre-use
				inspection conducted, documented, and reported by the local board of education
				or its designee on a form prescribed by the department of education. The
				initial school bus inspection will be conducted at the earliest possible time
				convenient to the school and the department of education.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.16 - Financing

Current through Register Vol. 47, No. 3, July 24, 2024
The board of education may finance purchase of transportation
				  equipment as follows:
(1) The board
				may pay all of the cost of each bus from funds on hand in the general fund or
				other funds allowed by statute.
(2)
				Bonds may be voted to purchase equipment, and funds so derived are to be used
				for that purpose.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.17 - Semiannual Inspection

Current through Register Vol. 47, No. 3, July 24, 2024
To facilitate the semiannual inspection program, school and
				  school district officials shall send all vehicles used for student
				  transportation to designated inspection locations as scheduled. A sufficient
				  number of drivers or other school personnel shall be available at the
				  inspection to operate the equipment for the inspectors. The fee for each
				  vehicle inspected is $50.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.18 - Maintenance Record

Current through Register Vol. 47, No. 3, July 24, 2024
School officials shall cause the chassis of all vehicles used
				  for student transportation, whether publicly or privately owned, to be
				  inspected annually and all necessary repairs made before the vehicle is put
				  into service. The inspection and repairs will be recorded on a form prescribed
				  by the department of education. The completed form is to be signed and dated by
				  the mechanic and carried in the glove compartment of the bus.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.19 - Drivers Schools

Current through Register Vol. 47, No. 3, July 24, 2024
All school bus drivers shall attend classes or schools of
				  instruction as approved by the department of education and provided for in Iowa
				  Code section 321.376(2). All
				  new drivers will, within the first six months of employment, successfully
				  complete the "new driver STOP class" approved by the department. All current
				  school bus drivers are to attend the annual course of instruction. Upon missing
				  a year of instruction, a current driver must successfully complete the course
				  of instruction for new drivers prior to receiving an authorization. The
				  employer of a school bus driver may impose additional training for any new or
				  current driver.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.20 - Insurance

Current through Register Vol. 47, No. 3, July 24, 2024
The board of education will carry insurance on all
				  school-owned buses and see that insurance is carried by all contractors engaged
				  in transporting pupils for the district in the coverages and limits as
				  determined by the board of education.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.22 - Contract-district-owned Buses

Current through Register Vol. 47, No. 3, July 24, 2024
The board of education and a private individual undertaking
				  to transport school pupils for the board in school district-owned vehicles
				  shall sign a contract substantially similar to that prescribed by the
				  department of education. The contract will contain the following
				  provisions:
(1) To conform to all
				rules of the board of education in and for the district adopted for the
				protection of the children and to govern the conduct of the person in charge of
				the conveyance.
(2) To make reports
				as may be required by the department of education, area education agency, or
				superintendent of schools.
(3) To
				conform to all standards for operation of the school buses as provided by
				statute or by legally constituted authorities.
(4) That the employee is entitled to benefits
				as outlined in the school board policy for the school district.
(5) To attend a school of instruction for bus
				drivers as prescribed by the department of education.
(6) That the employer may terminate the
				contract and dismiss the employee for failure to conform to all laws of the
				state of Iowa and rules promulgated by the Iowa department of education
				applicable to drivers of school buses.
(7) That the contract is not in force until
				the driver presents an official school bus driver's
				authorization.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.23 - Railroad Crossings

Current through Register Vol. 47, No. 3, July 24, 2024
The driver of any school bus will comply with Iowa Code
				  section 321.343, regardless of whether
				  or not there are any pupils in the bus, and regardless of whether or not there
				  is an automatic signal at the crossing. After stopping, the driver shall open
				  the entrance door, shall look and listen for approaching trains, and shall not
				  proceed to cross the tracks until it is safe to do so.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.24 - Driver Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The driver of a
				school vehicle shall not smoke in the vehicle or on any school
				property.
(2) The driver shall not
				permit firearms or other weapons, nor ammunition, to be carried in the
				passenger compartment of any school vehicle transporting pupils.
(3) The driver shall not fill the fuel tank
				while the motor is running or when there are passengers in the
				vehicle.
(4) The driver shall ensure
				that aisles and exits are not blocked.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.25 - Civil Defense Projects

Current through Register Vol. 47, No. 3, July 24, 2024
Civil defense projects may be recognized by the board of
				  directors of any school district as an authorized extracurricular
				  activity.
(1) The use of school buses
				for field trips and exercises, and the planned use of school buses in
				connection with actual emergency procedures to be carried on in cooperation
				with local, state or national authorities, civil or military, is hereby defined
				as properly incident to such authorized extracurricular activity.
(2) The bus will be driven by an approved
				driver holding an appropriate driver's license and a school bus driver's
				authorization except that in actual emergency situations, where approved
				drivers are not available, other drivers, including students and teachers, may
				be used if allowed by local school board policy.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.26 - Pupil Instruction

Current through Register Vol. 47, No. 3, July 24, 2024
At least twice during each school year, once in the fall and
				  once in the spring, each pupil who is transported in a school vehicle shall be
				  instructed in safe riding practices and participate in emergency evacuation
				  drills. Documentation of these drills will be maintained locally for five years
				  and made available upon request.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.27 - Trip Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A pretrip
				inspection of each school vehicle will be performed and recorded prior to each
				trip to determine if any defects or deficiencies exist that may affect the
				safety of the vehicle's operation or result in its mechanical breakdown. The
				pretrip inspection report is to be signed by the driver and submitted promptly
				to the person responsible for the school transportation program. Any
				deficiencies that merit an OOS (out of service) rating pursuant to department
				of education school bus inspection guidelines must be repaired prior to use of
				the vehicle. All other deficiencies should be repaired as soon as possible but
				do not bar the use of the vehicle.
(2) A posttrip inspection of the interior of
				the school vehicle shall be performed after each trip to ensure no passengers
				remain.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.30 - Standards for Common Carriers

Current through Register Vol. 47, No. 3, July 24, 2024
This rule applies to any vehicle operated by a common carrier
				  when used exclusively for student transportation to and from school. "Common
				  carrier" refers to a person or entity in the business of transporting goods or
				  people for hire as a public service.
(1)
Vehicles.
a. The vehicles need not be painted yellow
				and black as required for conventional school buses.
b. The vehicles, while transporting children
				to and from school, are to be equipped with temporary signs, located
				conspicuously on the front and back of the vehicle. The sign on the front is to
				have the words "School Bus" printed in black letters six inches high, on a
				background of National School Bus Yellow. The sign on the rear is to be painted
				National School Bus Yellow and have the words "School Bus" printed in black
				letters six inches high. The colors are to conform to those described within
				281-subrule 44.3(10).
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.31 - Maintenance Record

Current through Register Vol. 47, No. 3, July 24, 2024
School officials shall cause the chassis of all buses and
				  allowable alternative vehicles, whether publicly or privately owned, to be
				  inspected annually and all necessary repairs made before the vehicle is put
				  into service. The inspection and repairs shall be recorded on a form prescribed
				  by the department of education. The completed form shall be signed by the
				  mechanic and carried in the glove compartment of the bus.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.32 - Drivers' Schools

Current through Register Vol. 47, No. 3, July 24, 2024
All school bus drivers shall attend classes or schools of
				  instruction as approved by the department of education and provided for in Iowa
				  Code subsection
				  321.376(2).
				  All new drivers shall, within the first six months of employment, successfully
				  complete the "new driver STOP class" approved by the department. All current
				  school bus drivers shall attend the annual course of instruction. Upon missing
				  a year of instruction, a current driver shall successfully complete the course
				  of instruction for new drivers prior to receiving an authorization. The
				  employer of a school bus driver may impose additional training requirements for
				  any new or current driver
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.33 - Insurance

Current through Register Vol. 47, No. 3, July 24, 2024
The board of education shall carry insurance on all
				  school-owned buses and see that insurance is carried by all contractors engaged
				  in transporting pupils for the district in the coverages and limits as
				  determined by the board of education.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.35 - Contract-district-owned Buses

Current through Register Vol. 47, No. 3, July 24, 2024
The board of education and a private individual undertaking
				  to transport school pupils for the board in school district-owned vehicles
				  shall sign a contract substantially similar to that prescribed by the
				  department of education. The contract shall contain the following
				  provisions:
(1) To conform to all
				rules of the board of education in and for the district adopted for the
				protection of the children and to govern the conduct of the person in charge of
				the conveyance.
(2) To make reports
				as may be required by the department of education, area education agency, or
				superintendent of schools.
(3) To
				conform to all standards for operation of the school buses as required by
				statute or by legally constituted authorities.
(4) That the employee shall be entitled to
				benefits as outlined in the school board policy for the school
				district.
(5) To attend a school of
				instruction for bus drivers as prescribed by the department of
				education.
(6) That the employer
				can terminate the contract and dismiss the employee for failure to conform to
				all laws of the state of Iowa and rules promulgated by the Iowa department of
				education applicable to drivers of school buses.
(7) That the contract shall not be in force
				until the driver presents an official school bus driver's
				authorization.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.37 - Railroad Crossings

Current through Register Vol. 47, No. 3, July 24, 2024
The driver of any school bus shall bring the bus to a
				  complete stop within 50 feet, but not less than 15 feet, from railroad
				  crossings, as required in Iowa Code section
				  321.343,
				  regardless of whether or not there are any pupils in the bus, and regardless of
				  whether or not there is an automatic signal at the crossing. After stopping,
				  the driver shall open the entrance door, shall look and listen for approaching
				  trains, and shall not proceed to cross the tracks until it is safe to do
				  so.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.38 - Driver Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The driver of a
				school vehicle shall not smoke in the vehicle or on any school
				property.
(2) The driver shall not
				permit firearms or other weapons, nor ammunition, to be carried in the
				passenger compartment of any school vehicle transporting pupils.
(3) The driver shall not fill the fuel tank
				while the motor is running or when there are passengers in the
				vehicle.
(4) The driver shall
				ensure that aisles and exits are not blocked.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.39 - Civil Defense Projects

Current through Register Vol. 47, No. 3, July 24, 2024
Civil defense projects may be recognized by the board of
				  directors of any school district as an authorized extracurricular activity
				  under the following conditions:
(1)
				Such activity may take the form of, but need not be restricted to:
a. First-aid classes.
b. Study and distribution of materials
				relating to community survival, fallout shelters, radiation detection, and
				other pertinent disaster measures.
c. Exercises and field trips related to the
				above matters.
d. Cooperation with
				local, state and national authorities, both civil and military, and interested
				organizations, in carrying out civil defense exercises and in planning and
				making preparations for passive defense in time of actual emergency.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.40 - Pupil Instruction

Current through Register Vol. 47, No. 3, July 24, 2024
At least twice during each school year, once in the fall and
				  once in the spring, each pupil who is transported in a school vehicle shall be
				  instructed in safe riding practices and participate in emergency evacuation
				  drills. Documentation of these drills shall be maintained locally for five
				  years and made available upon request.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.41 - Trip Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A pretrip
				inspection of each school vehicle shall be performed and recorded prior to each
				trip to determine if any defects or deficiencies exist that may affect the
				safety of the vehicle's operation or result in its mechanical breakdown. The
				pretrip inspection report shall be signed by the driver and submitted promptly
				to the superintendent of schools, transportation supervisor, school bus
				mechanic, or other person charged with the responsibility for the school
				transportation program. Any defects or deficiencies that merit an OOS (out of
				service) rating pursuant to department of education school bus inspection
				guidelines must be repaired prior to use of the vehicle. All other defects or
				deficiencies should be repaired as soon as possible but do not prohibit the use
				of the vehicle.
(2) A posttrip
				inspection of the interior of the school vehicle shall be performed after each
				trip to ensure no passengers remain.
Iowa Administrative Code › Agency 281 - Education Department › Title VIII - School Transportation › Chapter 43 - Pupil Transportation › Rule 281-43.44 - Standards for Common Carriers

Current through Register Vol. 47, No. 3, July 24, 2024
These standards are intended to apply to any vehicle operated
				  by a common carrier when used exclusively for student transportation to and
				  from school. "Common carrier" refers to a person or entity in the business of
				  transporting goods or people for hire as a public service.
(1)
Vehicles.
a. The vehicles need not be painted yellow
				and black as required for conventional school buses.
b. The vehicles shall, while transporting
				children to and from school, be equipped with temporary signs, located
				conspicuously on the front and back of the vehicle. The sign on the front shall
				have the words "School Bus" printed in black letters not less than six inches
				high, on a background of National School Bus Yellow. The sign on the rear shall
				be at least ten square feet in size and shall be painted National School Bus
				Yellow, and have the words "School Bus" printed in black letters not less than
				eight inches high. The colors shall conform to those described within
				281-subrule 44.3(10).