West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-092 - West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of School Buses (4336) › Section 126-92-21 - Reasons for Suspension, Revocation, or Non-renewal of Certification of Operators

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. The
				State Superintendent may, after ten days' notice and upon proper evidence,
				suspend, revoke, or refuse to renew the certification, or impose any condition
				upon the certification of any operator upon just and sufficient cause as set
				forth below. There is a rational nexus between the conduct set forth below and
				the performance of the job as an operator. For purposes of this section, a
				conviction includes any plea of guilty, conditional pleas, or pleas of no
				contest.
21.1.a. Failure to meet the physical
				and mental/emotional requirements set forth in sections 18 and 19, as indicated
				from the results of any physical or psychological examination.
21.1.b. Failure to pass the online
				examination.
21.1.c. Failure to
				complete the annual minimum 18 hours of transportation-related professional
				development.
21.1.d. Accumulation
				of ten or more points on DMV driving record following initial certification or
				conviction of reckless driving, as defined by W. Va. Code §
										17C-5-3,
				conviction for leaving the scene of an accident involving physical injury or
				death, as defined by W. Va. Code §
										17C-4-1,
				or conviction for obstructing an officer or fleeing an officer as defined by W.
				Va. Code §
										61-5-17.
21.1.e. Conviction of a felony.
21.1.f. Conviction of and/or DMV suspension
				or revocation of license on a charge of operating a motor vehicle while under
				the influence of alcohol, controlled substances, any other drugs or the
				combination thereof, or by a preponderance of evidence, including but not
				limited to, positive breath, or blood test, or field sobriety results, of
				operating a motor vehicle under the influence of same. The applicant/employee
				shall not be certified to operate a bus for at least two years subsequent to a
				first conviction, license suspension/revocation or WVDE certification
				suspension/revocation. For a second offense, license suspension/revocation, or
				WVDE certification suspension/revocation, certification shall be revoked and
				refused permanently.
21.1.g.
				Failure of any drug or alcohol test administered by the operator's employer or
				submission of an adulterated specimen. Once notified, the operator must report
				to the collection site immediately. Failure or delay doing so will be
				considered a refusal which is equivalent to testing positive. The operator will
				not be certified to operate a bus for at least two years subsequent to a first
				positive or adulterated test result unless the operator completes a
				return-to-duty process which includes consultation with a substance abuse
				professional. For a second positive test result or adulteration, certification
				shall be revoked and refused permanently.
21.1.h. Intentional disengagement of bus
				safety equipment, including bus cameras, without prior authorization of county
				directors.
21.1.i. Conviction of
				any charge involving sexual misconduct with a minor or student. The operator
				may also have certification renewal refused or certification suspended or
				revoked when it is shown by a preponderance of evidence that he/she has a
				consensual sexual or amorous relationship with a student irrespective of any
				criminal prosecution.
21.1.j. A
				demonstration by a preponderance of evidence of frequent violations of traffic
				laws, sound safety practices, regulations, or ordinances while operating a bus,
				or any single violation while operating a bus that threatened the safety of
				student passengers, or other users of streets or roadways.
21.1.j.1. Violations of W. Va. Code §
											17E-1-14a,
				which make texting while driving a commercial motor vehicle a misdemeanor
				crime, will be deemed a single violation that threatened the safety of student
				passengers and/or other users of streets or roadways, regardless of whether an
				operator is prosecuted, if proven by a preponderance of evidence.
21.1.j.2. Violations of W. Va. Code §
											17C-14-15,
				which make talking on a cell phone while driving any vehicle a misdemeanor
				crime, if performed while operating a bus will be deemed a single violation
				that threatened the safety of student passengers and/or other users of streets
				or roadways, given surrounding circumstances, regardless of whether an operator
				is issued a traffic ticket, if proven by a preponderance of
				evidence.