reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-088 - Education Of Children Living More Than 2 Miles From School Or Nearest Bus Route (4333) › Section 126-88-2 - Resolution

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. WHEREAS, a
				recent survey conducted by the State Department of Education reveals that
				several hundred children of elementary school age residing more than two miles
				distance from the nearest school or bus route are not enrolled in school;
				and
2.2. WHEREAS, the Legislature
				of West Virginia, 1945, enacted into a law a provision requiring county boards
				of education to expend for each child an amount not to exceed the proportion of
				all school funds of the district that each child would be entitled to receive;
				and
2.3. WHEREAS, the law provides
				that the expenditure of funds under this section by county boards of education
				shall be under the rules and regulations of the State Board of
				Education;
2.4. Therefore, BE IT
				RESOLVED, that the State Board of Education, by motion duly made and seconded,
				does hereby establish the following rules and regulations:
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-088 - Education Of Children Living More Than 2 Miles From School Or Nearest Bus Route (4333) › Section 126-88-3 - Rules and Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. That
				this mandatory provision shall apply to elementary children of compulsory
				school age living more than two (2) miles distance from the nearest school or
				bus route;
3.2. That this
				regulation is interpreted to set up a minimum, not a maximum;
3.3. The county board of education shall,
				prior to making the annual budget, determine the number of children living more
				than two (2) miles from the nearest school or bus route not attending any
				school, and shall in making the budget, include the necessary funds for
				providing the facilities required under this section;
3.4. That school facilities for children in
				sparsely settled communities shall be provided as follow:
1. that for any school sub-district having as
				many as ten elementary pupils of compulsory school age, county board shall
				maintain a full school term;
2. for
				any school sub-district having six (6) to nine(9) elementary pupils of
				compulsory school age, the Board shall provide facilities by any one of the
				following methods:
a. By maintaining a term of
				school for the length made possible by the amount of funds available;
b. By providing special classes by tutor or
				otherwise in home or other place approved by the county board, such classes to
				provide instruction of not less than four (4) hours a week (preferably on two
				(2) non-consecutive days) for a period of twenty-five (25) weeks within a year.
				Adjustments for longer or shorter days or periods may be made where conditions
				make such changes desirable in the best interests of the children, but in no
				case shall the amount of money expended be less than the minimum provided by
				law;
c. By providing transportation
				facilities or payment of funds in lieu of transportation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-089 - West Virginia Minimum Requirements for Design and Equipment of School Buses (4334) › Section 126-89-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule provides that the components and construction of school buses
				be reviewed and updated periodically.
1.2. Authority. -- West Virginia
				Constitution, Article XII, §2 and W. Va. Code §
									18-2-5
				and § 18-5-13.
1.3. Filing
				Date. -July 11, 2014.
1.4.
				Effective Date. -August 11, 2014.
1.5. Repeal of former rule. -- This
				legislative rule repeals and replaces West Virginia 126CSR89, West Virginia
				Board of Education Policy 4334, "West Virginia Minimum Requirements for Design
				and Equipment of School Buses," hereinafter, Policy 4334, filed September 14,
				2007 and effective October 15, 2007.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-089 - West Virginia Minimum Requirements for Design and Equipment of School Buses (4334) › Section 126-89-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A
				copy of the West Virginia Minimum Requirements for Design and Equipment of
				School Buses Manual is attached. Copies may be obtained in the Office of the
				Secretary of State and in the West Virginia Department of Education, Division
				of Student Support Services
2.2.
				Summary of rules and regulations.
2.2.a. The
				West Virginia Board of Education has responsibility to establish Policy 4334
				for the transportation of pupils. The West Virginia Department of Education
				endeavors to carefully consider the selection of components and construction
				procedures which contribute to the safety, welfare and comfort of those being
				transported. The school buses are designed and equipped to extend educational
				opportunities to all students. As such, periodic safety inspections shall be
				required as referenced by West Virginia Board of Education Policy 4336, West
				Virginia School Bus Transportation Policy and Procedures Manual, section
				2.
2.2.b. Student transportation is
				an integral part of a comprehensive educational program and a very significant
				part of the challenge to provide a thorough and efficient system of
				education.
2.2.c. The
				repeal/replacement of Policy 4334 is intended to provide updates, corrections,
				deletions or additions to meet or exceed current Federal Motor Carriers Safety
				Standards Administration, herein after FMCSSA, and the current National
				Congress on School Transportation Standards for school buses, herein after
				NCSTS.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-089 - West Virginia Minimum Requirements for Design and Equipment of School Buses (4334) › Section 126-89-3 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. If any
				provision of this rule or application thereof to any person or circumstance is
				held invalid, such invalidity shall not affect other provisions or applications
				of this rule.
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West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-089 - West Virginia Minimum Requirements for Design and Equipment of School Buses (4334) › Appendix D - SPECIFICATIONS FOR LIQUEFIED PERTOLEUM GAS (LPG) BUSES

Current through Register Vol. XLI, No. 28, July 12, 2024
ENDORSEMENTS ELIGIBLE FOR THE PERMANENT
AUTHORIZATION OF GRADE LEVELS
General Education Specializations
The following teachers assigned to serve students identified
				  in the left column may be assigned to provide services to students identified
				  in the right column provided they secure the appropriate authorization.
Art K-12 or 1-12
Pre-K-Adult
Art 1-9
Pre-K-9
Gifted 1-12, 1-6 or 5-12
1-12
Health 1-12 or K-12
Pre-K-Adult
Music K-12 or 1-12
Pre-K-Adult
Music 1-9
Pre-K-9
Physical Education K-12 or 1-12
Pre-K-Adult
Physical Education 1-9
Pre-K-9
Reading Specialist K-12 or 1-12
Pre-K-Adult
Reading Specialist 1-9
Pre-K-9
Hearing Impaired K-12
Pre-K-Adult
School Library/Media K-12
Pre-K-Adult
Severe Disabilities K-12 or K-AD
Pre-K-Adult
Visually Impaired K-12 or K-AD
Pre-K-Adult
Student Support Specializations
The following school support service personnel assigned to
				  provide services to students identified in the left column may be assigned to
				  provide services to students listed in the right column provided they secure
				  the appropriate authorization.
Counselors K-8
Pre-K-8
Counselors K-9
Pre-K-9
Counselors K-12
Pre-K-Adult
Counselors 1-9
Pre-K-9
Counselors 7-12 or 5-12
7-Adult or
						  5-Adult
Speech and Hearing Therapy K-12 or 1-12
Pre-K-Adult
Speech and Hearing Therapy 1-9
Pre-K-9
Educational Audiologist K-12
Pre-K-Adult
Speech Language Pathologist K-12
Pre-K-Adult
School Nurse K-12
Pre-K-Adult
Speech Therapy 1-12
Pre-K-Adult
School Psychologist K-12 or 1-12
Pre-K-Adult
School Services/Attendance K-12
Pre-K-Adult
Administrative Specializations
The following school administrators and supervisors assigned
				  to serve students identified in the left column may be assigned to provide
				  services to students listed in the right column provided they secure the
				  appropriate authorization.
Superintendents K-12 or 1-12
Pre-K-Adult
Principals K-8 or 1-8
Pre-K-8
Principals K-9 or 1-9
Pre-K-9
Principals 7-12 or 5-12
7-Adult or
						  5-Adult
Supervisors General Instruction K-12
Pre-K-Adult
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-090 - Rules And Regulations For The Purchase Of School Buses (4334A) › Section 126-90-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules and regulations govern the purchase of school buses by county
				boards of education and supersede all previous rules and regulations relating
				to the purchase of school buses. Prior to state approval of the purchase of
				buses, the county board of education shall follow the rules and
				regulations.
1.2. Authority. -- W.
				Va. Code ''18-2-5
				and 18-5-17C-12.
1.3. Filing Date.
				-- December 23, 1982.
1.4.
				Effective Date. -- December 23, 1982.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-090 - Rules And Regulations For The Purchase Of School Buses (4334A) › Section 126-90-2 - Seating

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Determine the
				minimum number and seating capacity of new buses which are needed to provide
				safe, efficient and economical transportation for all of the pupils of the
				county for whom it is practicable and feasible for the county board of
				education to provide transportation in publicly owned buses.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-090 - Rules And Regulations For The Purchase Of School Buses (4334A) › Section 126-90-3 - Budget

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Allocate
				sufficient funds in the budget to purchase the buses the board
				desires.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-090 - Rules And Regulations For The Purchase Of School Buses (4334A) › Section 126-90-4 - Specifications

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Prepare
				definite and accurate specifications for each bus to be purchased. Make
				separate specifications for the chassis and body on forms prescribed by the
				State Superintendent of Schools. All specifications must be written so that
				they will not exclude any standard make of chassis or body, except on the basis
				of size. No reference shall be made in the specifications to any make of
				chassis or body. Each chassis and body purchased must meet the Minimum
				Standards for Design and Equipment of School Buses, approved by the State Board
				of Education, October 26, 1973.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-090 - Rules And Regulations For The Purchase Of School Buses (4334A) › Section 126-90-5 - Bidding

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Request bids
				from at least three (3) agencies on the size of chassis and bodies that the
				board plans to purchase.
5.2.
				Advertise at least ten (10) days prior to bid openings, in one (1) or more
				newspapers of general circulation throughout the county that the board of
				education will accept sealed bids for school bus chassis and school bus bodies
				prior to a definite day and hour. State in the advertisement the seating
				capacity required and advise prospective bidders that bid sheets and other
				necessary data required for bidding may be obtained at the office of the board
				of education.
5.3. Furnish on
				request to all prospective bidders on school bus chassis and bodies, at least
				one week prior to date for closing bids:
a.
				One copy of bid invitation required for use in purchasing school bus chassis
				and bodies.
b. Three copies of bid
				offer required for use in purchasing school bus chassis or bodies.
c. One copy of Minimum Standards for Design
				and Equipment of School Buses adopted by the State Board of Education, October
				26, 1973, effective January 1, 1974.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-090 - Rules And Regulations For The Purchase Of School Buses (4334A) › Section 126-90-6 - Responsibility for Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Responsibility for determining that specifications have been met is the
				responsibility of the Division of School Transportation. The Division of School
				Finance will be responsible for determining whether the proper bid procedure
				has been followed and that the county board of education has sufficient funds
				to cover the cost of proposed purchases.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-091 - School Bus Inspection Policy Statement (4334B) › Section 126-91-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative rule requires that all school buses be inspected.
1.2. Authority & Related Code
				Citation(s). -- W. Va. Code ''18-5-13(6)
				and
				18-2-5.
1.3. Filing Date. -- December 23,
				1982.
1.4. Effective Date. --
				December 23, 1982.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-091 - School Bus Inspection Policy Statement (4334B) › Section 126-91-2 - Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
The West Virginia Board of Education requires that all buses
				  operated by the county boards of education, or by contractors with a county
				  board of education, be inspected for reasons of safety at least twice yearly,
				  on a schedule as arranged by the Coordinator of School Transportation, and
				  using inspection standards approved by the State Superintendent of Schools and
				  the State Board of Education. The Board requires also that any school bus or
				  vehicle used for the transportation of public school students, which fails to
				  pass an inspection, shall not be used for the transportation of students until
				  such time as it is reinspected and found to pass. Pass is defined to mean that
				  the vehicle is found to meet all criteria specified on D.P.S. - Form
				  25.
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 126-92-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule provides regulations for school transportation and the design
				and equipment of school buses (bus/buses) for West Virginia schools including
				the West Virginia Schools for the Deaf and the Blind, the West Virginia
				Department of Education (WVDE) Office of Diversion and Transition Programs, and
				any other schools under the supervision of the West Virginia Board of Education
				(WVBE) and WVDE.
1.2. Authority.
				--W.Va. Constitution, Art. XII, §2, W.Va. Code §§
									17C-12-3,
				17C-14-12,
				18-2-5,
				18-5-13,
				18-8-1,
				and
				18A-4-8e;
				and Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act (
				42 U. S. C.
				11431 ), et seq.
1.3. Filing Date. -- January 10,
				2020.
1.4. Effective Date. --
				February 10, 2020.
1.5. Repeal of
				Former Rule. -- This legislative rule repeals and replaces W. Va. 126 CSR 92,
				Policy 4336, West Virginia Transportation Policy and Procedures Manual (4336)
				filed December 5, 2017, and effective January 8, 2018, and repeals W. Va. 126
				CSR 89, Policy 4334, West Virginia Minimum Requirements for Design and
				Equipment of School Buses (4334), filed July 11, 2014, and effective August 11,
				2014.
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 126-92-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This policy
				provides guidance to county board transportation systems to ensure safe, high
				quality programs for the students transported to and from the public schools
				and school-related activities. The county board of education (county board)
				shall ensure that this policy is readily available to all staff involved in the
				transportation of students.
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 126-92-4 - Regulations for Students Transported on Buses

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Responsibilities of parents.
4.1.a. Parents shall:
4.1.a.1. provide written guidance regarding
				any special care a student may need while riding the bus.
4.1.a.2. be responsible for providing
				supervision for all prek-3 students at all bus stops until the bus arrives for
				both pickup and delivery.
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 126-92-5 - Regulations for Transporting Students with Disabilities Requiring Special Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Students with disabilities' Individualized Education Programs (IEP),
				individualized health care plans, and Section 504 of the Rehabilitation Act of
				1973, Pub. L. No. 93-112 Plans (504 Plan) shall specify the bus modifications
				and support required for transporting the student, when appropriate.
5.2. When transportation of a student with
				disabilities necessitates a transfer while en route, appropriate supervision at
				the point of transfer remains the responsibility of the county board.
5.3. Vehicle requirements for use in
				transporting students with disabilities shall be guided by this
				policy.
5.4. The operator and/or
				the bus aide, when appropriate, shall:
5.4.a.
				assist and supervise students with disabilities.
5.4.b. complete first aid and Cardiopulmonary
				Resuscitation (CPR) training.
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 126-92-6 - Regulations for Transporting Homeless Students

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. County boards shall ensure compliance
				with Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act,
				42 U.S.C.
				11431, et seq. (McKinney-Vento Act) when
				addressing the needs of homeless children. If a homeless child or youth
				continues to live in the area served by the county board in which the school of
				origin is located, that county board shall provide or arrange for the child's
				or youth's transportation to and from the school of origin.
6.2. If the homeless child or youth continues
				his/her education in the school of origin but begins living in an area served
				by another county board, the county board of origin and the county board in
				which the homeless child is living shall agree upon the method to apportion the
				responsibility and costs for providing the child with transportation to and
				from the school of origin. If the county boards cannot agree upon a method, the
				responsibility and costs for transportation are to be shared
				equally.
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 162-92-7 - Student Conduct on Buses

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				operator shall display the following major precepts of Policy 4373 in his/her
				bus.
7.1.a. All students enrolled in West
				Virginia public schools shall behave in a manner that promotes a school
				environment that is nurturing, orderly, safe, and conducive to learning and
				personal-social development.
7.1.b.
				Students shall help create an atmosphere free from bullying, intimidation,
				harassment, or any other inappropriate behavior.
7.1.c. Students shall demonstrate honesty and
				trustworthiness.
7.1.d. Students
				shall treat others with respect, deal peacefully with anger, use good manners,
				and be considerate of the feelings of others.
7.1.e. Students shall demonstrate
				responsibility, use self-control, and be self-disciplined.
7.1.f. Students shall demonstrate fairness,
				follow rules, and not take advantage of others.
7.1.g. Students shall demonstrate compassion
				and caring.
7.1.h. Students shall
				demonstrate good citizenship by obeying laws and rules, respecting authority,
				and by cooperating with others.
7.1.i. Students shall have proper approval to
				exit the bus other than at their regularly assigned bus
				stop.
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 126-92-8 - Procedures for Disciplining Students Transported by Buses

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The operator shall immediately notify
				the school principal when any transported student has violated Policy 4373.
				Written notification shall be completed by the operator as soon as possible.
8.1.a. Student discipline is the
				responsibility of the principal together with the operator. A student to be
				suspended from the bus shall be notified by the principal/designee, with the
				operator's assistance. The parents/guardians of the student shall be notified
				by the school principal/designee.
8.1.b. All students shall be transported
				until the parent/guardian has been properly notified about the
				suspension.
8.1.c. A suspended
				student shall be readmitted to the bus only after the principal/designee
				notifies the operator that the student may be readmitted. Parents/guardians
				will also be notified by the school principal/designee when their child may
				resume riding the bus.
8.1.d. If a
				student has been recommended for discipline three times in one year by the
				operator, a conference to discuss the student's disruptive behavior patterns
				shall be conducted. During the conference, the parent/guardian shall be present
				with the operator and the principal/designee. If the inappropriate behavior
				persists, the student's rights to transportation services may be suspended for
				the remainder of the year, to the extent
				feasible.
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 126-92-9 - Medical Exclusion of Students from a Bus

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The school nurse or administrator, as
				per 126 CSR 51, Policy 2423, Health Promotion and Disease Prevention and W. Va.
				Code §
									18A-5-1
				and §
									18-5-22,
				shall notify the operator when a student shall be excluded from the bus due to
				an infectious disease.
9.2. The
				student will be returned to the bus transportation program when the appropriate
				medical official has given the student a written statement signifying that the
				student may again be transported with other
				students
.
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 126-92-11 - Bus Stop Locations

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				highest priority in establishing bus stop locations must be the safety of
				students. Every effort should be made by county boards to select a safe bus
				stop location with ample waiting areas for students. With irregular terrain,
				special consideration must be given in establishing a bus stop
				location.
11.2 Ideally, bus stops
				should be located out of the traffic stream and at least 2/10 of a mile apart.
				Operators should avoid stopping at intersections whenever possible.
11.3. For bus stop locations near a railroad
				crossing, consideration should be given to the traffic flow in the area and to
				assure that adequate distance is allowed for traffic to clear the railroad
				tracks. The safety of the general motorists should be considered.
11.4. The minimum sight distance should be
				related to the approved speed of traffic. The approved speed is the posted
				speed limit, advisory speed limit, or a value judged to most accurately
				represent the prevailing speed at a specific location.
11.4.a. Sight distance needed on a level
				grade for essential speeds is as follows:
Speed/Miles Per Hour (MPH)
Recommended Sight Distance
Minimum Sight Distance
25
300 feet
139 feet
30
360 feet
176 feet
35
420 feet
219 feet
40
480 feet
263 feet
45
540 feet
314 feet
50
600 feet
369 feet
55
660 feet
432 feet
EXCEPTION:
When a bus stop is near the
							 crest of a hill or a curve, the view of approaching traffic is obstructed, the
							 sight distance shall be a minimum of 200 feet.
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 126-92-12 - Loading and Unloading of Student Passengers and Railroad Crossings

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Approaching
				the stop.
12.1.a. The operator shall not
				change the location of a bus stop without written approval from the county
				director.
12.1.b. When approaching
				the stop, the operator shall:
12.1.b.1.
				approach cautiously at a slow rate of speed. Look for pedestrians, traffic, or
				other objects before, during, and after coming to a stop. Continuously check
				all mirrors.
12.1.b.2. activate
				alternating flashing amber warning lights at least 200 feet or approximately
				five to ten seconds before the bus stop or in accordance with state law.
12.1.b.2.A. If the alternating flashing amber
				warning lights have been activated during student loading, the operator shall
				come to a complete stop and activate alternating flashing red lights regardless
				if students can be seen to ensure no student may be approaching the bus from a
				blind spot.
12.1.b.3.
				continuously check mirrors to monitor the danger zones for students, traffic,
				and other objects.
12.1.b.4. move
				as far as possible to the right on the traveled portion of the
				roadway.
12.1.b.5. bring the bus to
				a full stop with the front bumper at least ten feet away from students at the
				designated stop. This action forces the students to walk to the bus so the
				operator has a better view of their movements.
12.1.b.6. place transmission in Park, or if
				there is no Park shift point, in Neutral and set the parking brake at each
				stop.
12.1.b.7. open service door,
				if possible, enough to activate alternating red lights when traffic is a safe
				distance from the bus.
12.1.b.8.
				make a final check to see that all traffic has stopped before completely
				opening the door and signaling students to
				approach.
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 126-92-13 - Idling of Buses at Schools and School Functions (W. Va. Code Section 17C-12-7)

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. In
				normal weather, an operator shall not idle the bus while waiting for or loading
				students.
13.2. Buses will be
				permitted to idle when the temperature is 40 degrees Fahrenheit or colder, when
				the driving windows need to be defrosted, when the safety and comfort of the
				students is in question, or when emergency dictates.
13.3. Operators are prohibited from idling
				the buses for more than ten minutes unless defrosting of windows is needed; in
				this case, idling shall be limited to 30 minutes.
13.4. Exception: Counties may modify idling
				limitations to meet IEP requirements for medically fragile students requiring
				controlled bus climate.
13.5.
				County boards shall develop a policy to address violations of this
				section.
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 126-92-14 - Guidelines for Curricular and Extra-curricular Trips

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. County boards providing transportation
				for students participating in curricular and extra-curricular activities shall
				require participating school officials to submit a planned schedule to the
				county superintendent or his/her designee for approval. Procedure shall be as
				follows:
14.1.a. the county director shall
				receive a copy of the approved schedule far enough in advance to arrange safe
				and adequate transportation.
14.1.b.
				schedules for approved trips shall not interfere with the regular
				transportation schedule.
14.1.c.
				only operators employed by the county board shall operate type A, C, and D
				buses on such trips.
14.1.d. all
				buses used for such trips shall be covered by insurance as provided in W. Va.
				Code §
										18-5-13.
14.1.e. students transported in a bus on such
				trips shall, in addition to the operator, be supervised by at least one
				professional employee of the county board who shall provide a list of all
				persons on the bus to the operator. Each bus shall be supervised by a
				professional employee or person approved by the county board with assurances
				that provisions for specialized health care needs are made, if necessary.
14.1.e.1. Students transported in a bus on
				such trips shall be instructed on the location and operation of all emergency
				exits and proper procedures for evacuating the bus in case of accident or
				breakdown.
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 126-92-15 - Guidelines for Bus Routing

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The
				recommended duration of the one-way bus transportation time for students to and
				from school under normal weather and operating conditions is as follows:
15.1.a. for elementary, primary, and
				intermediate school students, no more than 30 minutes.
15.1.b. for middle and junior high school
				students, no more than 45 minutes.
15.1.c. for high school students, no more
				than 60 minutes.
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 126-92-16 - Operator Assignments

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Any
				person accepting employment as an operator shall accept such position with the
				understanding that the responsibilities involved are his/her primary
				employment, and that such employment shall not be limited, or interfered with,
				by any commitment as a result of any other employment.
16.2. Transportation employees, including
				operators, may be delegated and trained to administer epinephrine
				auto-injectors (EpiPens) by the certified school nurse (Register Nurse-RN), as
				directed in W. Va. Code §
									18-5-22c
				and Policy 2422.7, if the county board elects to adopt such policy. EpiPens are
				the only medication which counties may elect to allow school nurse RNs to
				delegate and train operators to administer during an emergency situation.
				Special considerations may include transportation of medications on the bus,
				storage of medication, safety, return of medication to school to ensure it is
				properly stored and available for bus and school day, etc.
16.3. Any person who performs
				responsibilities as an operator shall not be eligible to operate a bus without
				a minimum of six consecutive hours of off-duty time for proper rest between the
				conclusion of the previous day's regularly scheduled afternoon run and/or any
				extra-curricular trip that has been assigned and immediately prior to the
				beginning of the next day's regularly scheduled morning run.
16.3.a. Any operator who accumulates more
				than ten hours of driving time in a 24-hour period shall be required to have
				eight consecutive hours off-duty.
16.3.b. Any operator who has been on-duty 15
				hours in a 24-hour period shall be required to have eight consecutive hours
				off-duty.
16.3.c. An operator who
				operates a passenger-carrying commercial motor vehicle must be off-duty eight
				consecutive hours for rest after having been on-duty 60 hours in seven
				consecutive days or 70 hours in eight consecutive days. These requirements
				apply if the operator has any additional job with a county board or any
				employer in which on-duty hours accumulate. The operator is responsible for
				monitoring total on-duty hours.
16.3.c.1.
				"On-duty" time is time for which the operator is being compensated by any
				employer.
16.3.c.2. "Off-duty" time
				is defined as time uncompensated by any
				employer.
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 126-92-18 - Physical Qualifications for Operators

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The operator shall have no mental,
				nervous, organic, or functional disease, or psychiatric disorder, and take no
				medication likely to interfere with his or her ability to operate the bus
				safely. (See Appendix A, Prescription and Over-the-Counter Medication Policy
				Template.)
18.2. The duties to be
				performed by an operator include but are not limited to the following:
18.2.a. walk from the operator's seat to the
				rear of the bus.
18.2.b. open all
				emergency exits.
18.2.c. install
				tire chains on a bus.
18.2.d. raise
				the hood of a conventional bus and check oil levels and antifreeze
				levels.
18.2.e. remove obstructions
				from windshield and under wiper blades.
18.2.f. adjust all outside mirrors.
18.2.g. secure a
				wheelchair.
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 126-92-19 - Physical Examination for Operators and Contract Operators

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The operator
				shall pass an annual physical examination from a medical examiner. This
				examination shall be conducted no earlier than April
				1st to receive certification for the following
				school term.
19.2. The county
				superintendent shall maintain the original of the physical examination of each
				operator.
19.2.a. The original of the
				physical examination of designated Head Start operators is to be maintained by
				the employing agency.
19.2.b.
				Physical examinations shall be recorded on the USDOT Medical Examination Report
				Form (for Commercial Driver Medical Certification). It is preferred that the
				physical examination be performed by an FMCSA Certified medical examiner
				because other medical providers may not be sufficiently informed regarding the
				physical requirements for operators to safely transport students.
19.2.c. All operator physical examinations
				are considered confidential and protected under the Health Insurance
				Portability and Accountability Act of 1996 (HIPAA) (
				Public
				Law 104-191 ) and shallbe reviewed only by
				approved administrative staff. Designated staff of the certifying agency (WVDE)
				also may review this information when warranted.
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 126-92-20 - Responsibilities of Certified Operators for Renewal of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The operator
				shall notify the county director and medical examiner of any medication taken
				or the use of any controlled and/or over-the-counter substance that may
				interfere with the safe operation of a bus. (See Appendix A, Prescription and
				Over-the-Counter Medication Policy Template.) A list of examples of drugs that
				may interfere with the safe operation of a bus may be obtained from the county
				director or the WVDE Office of School Facilities and Transportation. The
				operator shall promptly notify the county director of any driving under the
				influence (DUI)/driving while intoxicated (DWI) charge and any moving vehicle
				violations received while driving any vehicle.
20.2. The county superintendent has the right
				to require a physical and/or psychological examination from a designated health
				care provider when he/she has any reasonable questions regarding the ability of
				an operator or the sufficiency of an annual physical examination.
20.3. The county superintendent has the right
				to require a physical performance examination, as referenced in section 17.2.j,
				be administered when he/she has any reasonable questions regarding the ability
				of a operator to perform his/her required duties. The physical performance exam
				may also be required when an operator is returning to work after an accident,
				injury, or extended illness in which the ability to perform his/her required
				duties may be in question. A WVDE-certified operator examiner or a WVDE
				inspector may administer the examination.
20.3.a. A county superintendent or other
				employer of operators licensed by the WVDE who knows of any acts on the part of
				a operator for which a certificate may be revoked in accordance with W. Va.
				Code §
										18A-4-8e
				or section 21 shall report the same, together with all facts and evidence, to
				the State Superintendent.
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 126-92-22 - Procedures for Due Process on the Suspension, Revocation, and Recall of Operator's Certification and Establishment of the Operator Review Panel

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. When the
				State Superintendent receives information concerning any of the violations set
				forth in section 21, the certification holder shall be notified of the pending
				action against him/her and afforded the opportunity for a hearing before the
				School Bus Operator Review Panel in accordance with Policy 1340.
22.2. The State Superintendent designates the
				West Virginia School Bus Operator Review Panel (Review Panel) to conduct
				hearings on operator certificate denials, suspensions, revocations, or recalls
				and to make recommendations for action by the State Superintendent.
22.2.a. The Review Panel shall consist of
				seven members representing the major constituents within the educational and
				transportation community. Included in the membership shall be: three currently
				employed operators, one county superintendent or principal, one county
				director, one designee of the State Superintendent, and one employee of the
				WVDOT's Division of Highways (WVDOH) with experience in commercial driver
				licensing and/or highway safety.
22.2.b. The members of the Review Panel shall
				be chosen as follows: two operators shall be chosen by the West Virginia School
				Service Personnel Association from its membership, one representative shall be
				chosen by the West Virginia Education Association from its membership, one
				representative from the American Federation of Teachers (AFT) chosen by AFT
				from its membership, one WVDOH representative to be chosen by theWVDOH
				Commissioner; the remaining two members shall be chosen by the State
				Superintendent.
22.2.c. Terms of all
				members shall be for a period of three years. Members may serve no more than
				two consecutive three-year terms. Members who have filled an unexpired term of
				one year or more are eligible for only one additional consecutive three-year
				term. All terms begin on July 1st and end on June
				30th.
22.2.c.1.
				Initial appointments shall have staggered terms, with two members having an
				initial term of one year, two members having an initial term of two years, and
				three members having an initial term of three years.
22.2.d. Vacancies shall be filled as quickly
				as possible by the appropriate appointing authority. Any vacancies remaining
				unfilled for 90 days shall be filled by the State
				Superintendent.
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 126-92-23 - School Bus Operator Safe Drivers' Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. National Safety Council Safe Driver
				Awards.
23.1.a. The WVBE encourages county
				boards to continue their support of the Safe Driver Award Programs sponsored by
				the National Safety Council.
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 126-92-24 - School Bus Operator Inspection of School Bus

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Operators are required to make the
				appropriate inspection of the bus and complete specified duties prior to every
				assigned trip to ensure the safe transport of all passengers. The following is
				a list of minimum required inspections and duties and shall not be considered
				all-inclusive.
24.2. For pre-trip
				inspections and duties. the operator shall:
24.2.a. check tires for proper inflation and
				condition.
24.2.b. check wheels for
				loose hub bolts, wheel lugs, lube leaks, etc.
24.2.c. check steering for proper functioning
				of all components.
24.2.d. check
				radiator coolant, windshield washer fluid, power steering fluid, oil, and
				fuel.
24.1.e. check alternator, fan,
				and power steering belts.
24.1.f.
				check lighting system(s), windshield wiper/washer, and horn.
24.1.g. check brakes, including warning light
				and buzzer.
24.1.h. check all
				emergency exits.
24.1.i. check first
				aid kit, fire extinguisher, communication system(s), and emergency traffic
				warning devices.
24.1.j. check
				back-up alarm.
24.1.k. check stop
				arm and crossing arm.
24.1.l. check
				exhaust for leaks and securement.
24.1.m. after each run, walk to the rear of
				the bus and check for students, objects left on bus, trash, and
				vandalism.
24.1.n. sweep the floor,
				dust the seats, and remove all trash from seat frames/rails immediately
				following each assigned run.
24.1.o. clean windshield, windows, mirrors,
				all light lenses, and identification lettering and wash outside as necessary.
				All mirrors shall meet FMVSS 111 specifications at all times. A mirror grid
				shall be supplied at a location(s) accessible to all bus operators to ensure
				FMVSS 111 specifications are maintained.
24.1.p. keep stepwell and aisle clean and
				free of debris.
24.1.q. remove
				markings found on walls/ceiling.
24.1.r. keep loose objects, tire chains,
				wheel chair restraints, etc., off the floor in a secure location.
24.1.s. keep glove compartment clean and
				well-organized.
24.1.t. be sure
				that there are no aerosol cans inside the bus. Properly labeled spray bottles
				are to be stored out of sight.
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 126-92-25 - County Bus Transportation and Maintenance Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. The county superintendent shall
				ultimately determine the structure and staff needed to deliver a quality
				program. In addition to the pertinent sections of W. Va. Code and the preceding
				regulations, the WVBE recommends the following.
25.2. Bus maintenance center equipment should
				include:
25.2.a. hoists, jacks, lifts, and/or
				service pits to enable repair and servicing in a safe and efficient
				manner.
25.2.b. adequate diagnostic
				equipment to facilitate preventive adjustments and repairs.
25.2.c. necessary tools for efficiency in
				performing the service.
25.2.d.
				adequate place for washing buses, preferably inside.
25.2.e. adequate storage for stocking and
				identifying parts.
25.2.f.
				protective equipment.