Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-12-147.

     Title of Rule and Other Identifying Information: WAC 180-20-103 Disqualifying conditions for authorized school bus drivers.

     Hearing Location(s): K-20 Video Conference, Billings Conference Room, Office of the Superintendent of Public Instruction, 600 Washington Street S.E., Olympia, WA 98504-7200, on December 12, 2005, at 1:00 p.m.

     Date of Intended Adoption: December 12, 2005.

     Submit Written Comments to: Larry Davis, Executive Director, P.O. Box 47206, Olympia, WA 98504-7206, e-mail ldavis@ospi.wednet.edu, fax (360) 586-2357, by November 28, 2005.

     Assistance for Persons with Disabilities: Contact Laura Moore, Executive Assistant, by November 28, 2005, TTY (360) 664-3631 or (360) 725-6025.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendment eliminates a possible loophole that might allow a school bus driver to retain his/her authorization even if convicted of certain conduct or alleged to have in certain conduct relating to the job of a bus driver.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: RCW 28A.160.210.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: State Board of Education, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, Washington, (360) 725-6025.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

November 1, 2005

Larry Davis

Executive Director

OTS-8468.1

AMENDATORY SECTION(Amending WSR 05-19-107, filed 9/20/05, effective 10/21/05)

WAC 180-20-103   Disqualifying conditions for authorized school bus drivers.   A school bus driver's authorization will be denied or revoked as a result of the following conditions:

     (1) Misrepresenting or concealing a material fact in obtaining a school bus driver's authorization or in reinstatement thereof in the previous five years.

     (2) Having a driving license privilege suspended or revoked as a result of a moving violation as defined in WAC 308-104-160 within the preceding five years or have had their commercial driver's license disqualified, suspended, or revoked within the preceding five years; a certified copy of the disqualification, suspension, or revocation order issued by the department of licensing being conclusive evidence of the disqualification, suspension, or revocation.

     (3) Incurring three or more speeding tickets of ten miles per hour or more over the speed limit within the last five years.

     (4) Having intentionally and knowingly transported public school students within the state of Washington within the previous five years with a lapsed, suspended, surrendered, or revoked school bus driver's authorization in a position for which authorization is required under this chapter.

     (5) Having intentionally and knowingly transported public school students within the state of Washington within the previous five years with a suspended or revoked driver's license or a suspended, disqualified or revoked commercial driver's license.

     (6) Having refused to take a drug or alcohol test as required by the provisions of 49 CFR 382 within the preceding five years. Provided, That this requirement shall not apply to any refusal to take a drug or alcohol test prior to January 31, 2005.

     (7) Having a serious behavioral problem which endangers the educational welfare or personal safety of students, teachers, school bus drivers, or other coworkers.

     (8) Having been convicted of any misdemeanor, gross misdemeanor, or felony (including instances in which a plea of guilty or nolo contendere is the basis for the conviction) or being under a deferred prosecution under chapter 10.05 RCW ((where the conduct or alleged conduct is related to the occupation of a school bus driver)), including, but not limited to, the following:

     (a) The physical neglect of a child under chapter 9A.42 RCW;

     (b) The physical injury or death of a child under chapter 9A.32 or 9A.36 RCW, excepting motor vehicle violations under chapter 46.61 RCW;

     (c) The sexual exploitation of a child under chapter 9.68A RCW;

     (d) Sexual offenses where a child is the victim under chapter 9A.44 RCW;

     (e) The promotion of prostitution of a child under chapter 9A.88 RCW;

     (f) The sale or purchase of a child under RCW 9A.64.030;

     (g) Any crime involving the use, sale, possession, or transportation of any controlled substance or prescription drug within the last ten years;

     (h) Any crime involving driving when a driver's license is suspended or revoked, hit and run driving, driving while intoxicated, being in physical control of motor vehicle while intoxicated, reckless driving, negligent driving of a serious nature, vehicular assault or vehicular homicide, within the last five years;

     (i) Provided, That the general classes of felony crimes referenced within this subsection shall include equivalent federal crimes and crimes committed in other states;

     (j) Provided further, That for the purpose of this subsection "child" means a minor as defined by the applicable state or federal law;

     (k) Provided further, That for the purpose of this subsection "conviction" shall include a guilty plea.

     (9) Having been convicted of any crime within the last ten years, including motor vehicle violations, which would materially and substantially impair the individual's worthiness and ability to serve as an authorized school bus driver. In determining whether a particular conviction would materially and substantially impair the individual's worthiness and ability to serve as an authorized school bus driver, the following and any other relevant considerations shall be weighed:

     (a) Age and maturity at the time the criminal act was committed;

     (b) The degree of culpability required for conviction of the crime and any mitigating factors, including motive for commission of the crime;

     (c) The classification of the criminal act and the seriousness of the actual and potential harm to persons or property;

     (d) Criminal history and the likelihood that criminal conduct will be repeated;

     (e) The permissibility of service as an authorized school bus driver within the terms of any parole or probation;

     (f) Proximity or remoteness in time of the criminal conviction;

     (g) Any evidence offered which would support good moral character and personal fitness;

     (h) If this subsection is applied to a person currently authorized as a school bus driver in a suspension or revocation action, the effect on the school bus driving profession, including any chilling effect, shall be weighed; and

     (i) In order to establish good moral character and personal fitness despite the criminal conviction, the applicant or authorized school bus driver has the duty to provide available evidence relative to the above considerations. The superintendent of public instruction has the right to gather and present additional evidence which may corroborate or negate that provided by the applicant or authorized school bus driver.

[Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-103, filed 9/20/05, effective 10/21/05.]