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 126-92-17 - Criteria for the Certification of Operator Candidates and Contract Operators

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. All operator
				candidates shall be initially certified by the WVDE Office of School Facilities
				and Transportation as designee of the State Superintendent of Schools (State
				Superintendent) at the request of the county board or the public institution
				seeking to regularly employ them.
17.2. The operator candidate shall meet the
				following criteria to be certified:
17.2.a.
				the candidate shall be at least 21 years of age.
17.2.b. The candidate shall have a high
				school diploma, a General Equivalent Diploma (GED), or a Test Assessing
				Secondary Completion (TASC) Diploma from an accredited educational
				institution.
17.2.c. The candidate
				shall have at least three years of driving experience as a licensed operator of
				any vehicle and be eligible to obtain a valid commercial driver's license
				permit. A permit will allow the candidate to take the required on-road
				training.
17.2.c.1. The candidate shall
				complete a form granting the employing county board permission to obtain
				his/her driving record from the Department of Motor Vehicles (DMV) of the
				appropriate state(s). The driving record shall be for five years, if available.
				The driving record shall not show a preponderance of evidence of frequent
				violations of traffic laws. All referenced forms will be available on the WVDE
				website.
17.2.d. The
				candidate shall submit to the county board or institution seeking to employ
				him/her a WVDE Application for Bus Operator Certification and Release of
				Information form. The county board shall submit to the WVDE Office of School
				Facilities and Transportation the Release of Information Form and a copy of the
				application form for each operator candidate; upon receipt of this information
				a request for a criminal background report will be issued.
17.2.e. All candidates for initial operator
				certification shall be fingerprinted by the West Virginia State Police (State
				Police) or its designee. The fingerprints shall be analyzed by the State Police
				for a state criminal history record check through the central abuse registry
				record and then forwarded to the Federal Bureau of Investigation (FBI) for a
				national criminal history record check.
17.2.e.1. Information contained in either the
				central abuse registry record or the FBI record may form the basis for the
				denial of a certificate for cause in accordance with W. Va. Code §
											18A-3-2a
				and §
											18A-3-10.
17.2.e.2. Upon written consent to the WVDE by
				the candidate and within 90 days of the state fingerprint analysis, the results
				of a state analysis may be provided to a county board or institution to which
				the candidate is applying for employment without further cost to the
				candidate.
17.2.e.3. Disclosure
				Provisions. Information maintained by the WVDE or a county board which was
				obtained for the purposes of complying with W. Va. Code §
											18A-3-10
				is exempt from disclosure as provided by W. Va. Code §
											29B-1-4. Disclosure or
				publication of information in a statistical or other form that does not
				identify the individuals involved or provide personal information is not
				prohibited.
17.2.f. The
				candidate shall successfully complete a minimum of 40 hours of non-driving
				instruction with a WVDE-certified operator trainer. Instruction shall be in
				person from a WVDE-certified operator trainer, online training modules, or a
				combination thereof and shall include Policy 5902, Policy 4373, and W. Va. 126
				CSR 28, Policy 2525, West Virginia's Universal Access to a Quality Early
				Education System. A WVDE-certified operator trainer shall be present anytime
				online training modules are utilized. Training shall not be duplicated to reach
				the required 40 hours of initial instruction. Only the number of hours per
				section of training designated by the WVDE shall be used to reach the initial
				40 hours of instruction. Example: If an operator trainer determines a candidate
				requires five hours additional training on pre-trip inspection, the additional
				hours shall only be completed after the initial 40 hours of required
				instruction are complete.
17.2.g.
				The candidate shall successfully complete a minimum of 12 hours on-the-road
				training including two hours of night driving in the operation of bus with a
				WVDE-certified operator instructor on board and no student
				passengers.
17.2.h. The candidate
				shall receive appropriate training in the transportation of special education
				students. (See section 5.)
17.2.i.
				The candidate shall have first aid and cardiopulmonary resuscitation (CPR)
				certification from a program approved by the State
				Director
.
17.2.j.
				The candidate shall pass a physical examination from a medical examiner
				certified by Federal Motor Carrier Safety Administration (FMCSA). The term
				"medical examiner" is defined as doctor of medicine, doctor of osteopathy,
				physician assistant, advanced practice nurse, and doctor of chiropractic.
17.2.j.1. The medical examiner shall record
				physical examinations on the U.S. Department of Transportation (USDOT) Medical
				Examination Report Form (for Commercial Driver Medical
				Certification).
17.2.j.2. The
				physical examination results may be used for certification for a period of up
				to six months from date of examination.
17.2.j.3. The physical examination shall
				cover all health issues set forth in section 19. Tuberculin testing is not
				required unless there is evidence of exposure to tuberculosis or signs or
				symptoms of active tuberculosis as referenced in W. Va. Code §
											16-3D-3.
17.2.k. The candidate shall be subject to
				pre-employment drug testing for the use of certain controlled substances as per
				all regulations of the USDOT. Negative drug test results must be obtained prior
				to beginning any behind-the-wheel training.
17.2.l. Prior to the candidate taking any
				skills examination or test provided by or administered by the WVDE, the
				candidate shall obtain a commercial driver's license (CDL) with a minimum Class
				B license and P (passenger) and S (school bus) endorsements.
17.2.m. The candidate shall pass a written
				examination provided by the WVDE online and administered by the county board
				seeking to employ him/her.
17.2.m.1. The
				candidate who fails the online examination may retake it three times if
				necessary during a 12-month period at the discretion of the county board or
				institution seeking to employ him or her.
17.2.n. Upon successful completion of the
				online examination, the candidate shall pass additional tests on skills and
				performance at the request of the county board or institution seeking to employ
				the candidate administered by a qualified bus inspector employed by the WVDE or
				a certified operator examiner using vehicles owned or leased by the county
				board.
17.2.n.1. Should a candidate fail any
				portion of the skills or performance tests, the remainder of the test(s) shall
				not be administered. The skills and performance tests shall be administered to
				a candidate no more than three times annually and only after consultation with
				the test examiner or State Director. The request shall be in writing and shall
				include reasons for retesting. Candidates must wait five days prior to being
				retested and must receive documented additional training in the areas of
				failure. The entire test shall be re-administered.
17.2.o. The candidate shall pass a physical
				performance exam.
17.2.p. Aides
				should be able to perform the same duties as the operator in the event of an
				emergency. Aides should be given a timed modified physical performance exam
				prior to beginning their duties as follows:
17.2.p.1. move from the front of the bus to
				the rear and exit through the rear door.
17.2.p.2. ascend/descend the bus
				steps.
17.2.p.3. repeatedly
				open/close the service door manually.
17.2.p.4. lower/lift objects.
17.2.p.5. identify, apply, and release the
				bus parking brake.
17.2.q. Upon successful completion of the
				WVDE training program and receipt of identification, the newly certified
				operator shall initially be required to drive a minimum of two bus routes with
				a certified operator and students on-board prior to accepting any
				assignment.