EXPEDITED RULES
PUBLIC INSTRUCTION
Title of Rule and Other Identifying Information: Chapter 180-20 WAC, School bus driver qualifications, transferred to
chapter 392-144 WAC. Legislation passed during the 2006
legislative session (E2SHB 3098, section 906) transferred
authority to adopt rules governing the training and
qualification of school bus drivers from the Washington state
board of education (SBE) to the office of superintendent of
public instruction (OSPI).
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Allan J. Jones, Director, Pupil Transportation and Traffic Safety Education, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200 , AND RECEIVED BY July 5, 2006.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To comply with legislation passed during the 2006 legislative session (E2SHB 3098, section 906) the authority to adopt rules governing the training and qualification of school bus drivers needs to be transferred from the Washington state board of education (SBE) to the office of superintendent of public instruction (OSPI).
This transfer of existing rules will result in no change to existing requirements.
Reasons Supporting Proposal: E2SHB 3098, section 906.
Statutory Authority for Adoption: RCW 28A.160.210.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Superintendent of public instruction, pupil transportation and traffic safety education, governmental.
Name of Agency Personnel Responsible for Drafting: Charlie Schreck, Office of Professional Practices, (360) 725-6130; Implementation: Marcia Riggers, Student Support and Operations, (360) 725-6175; and Enforcement: Allan J. Jones, Pupil Transportation and Traffic Safety Education, (360) 725-6120.
April 28, 2006
Marty Daybell
Deputy Superintendent
OTS-8806.1
AMENDATORY SECTION(Amending WSR 05-19-107, filed 9/20/05,
effective 10/21/05)
WAC 180-20-009
Definitions.
The definitions in this
section apply throughout this chapter unless the context
clearly requires otherwise:
(1) "School bus driver" means a person, who is employed
by a school district including contracted drivers under WAC
((180-20-031)) 392-144-040 (1) and (2) and as part of that
employment or contract, operates a school bus as defined in
WAC 392-143-010, or other motor vehicles for the regularly
scheduled transportation of students between home and school. School buses shall be operated by authorized school bus
drivers when transporting students. An authorized school bus
driver may also transport students on field trips and other
school related activities.
(2) "A school bus driver's authorization" means an
authorization issued by the superintendent of public
instruction indicating that the person has met ((state board
of education)) the requirements to operate a school bus or
other motor vehicle for the purpose of transporting students
to and from school routinely on scheduled routes and/or school
activities. A school bus driver must be authorized prior to
transporting students and such authorization shall continue in
effect as long as the person continues to meet the
requirements of this chapter. A school bus driver
authorization is not valid if suspended, revoked or lapsed.
(3) "School bus driver instructor's authorization" means an authorization issued by the superintendent of public instruction to a person successfully completing the superintendent of public instruction approved school bus driver instructor course. This authorization qualifies a person to train and verify the training of school bus drivers. This authorization shall lapse unless the holder successfully completes an annual school bus driver instructor's in-service course.
(4) "School bus driver training course" means a course established by the superintendent of public instruction and taught by an authorized school bus driver instructor. This course shall be successfully completed by all applicants for a school bus driver's authorization.
(5) "School bus driver annual in-service training course" means an annual course taught by an authorized school bus driver instructor. The content and minimum time requirements of such course shall be annually determined by the superintendent of public instruction and shall be required to be completed no earlier than August 1st and no later than November 1st by all authorized school bus drivers.
(6) "School bus driver instructor's course" means a training program authorized by the superintendent of public instruction to qualify a person as a school bus driver instructor.
(7) "School bus driver instructor's annual in-service course" means an annual required course, the content of which shall be determined by the superintendent of public instruction. Successful completion of this course prevents the instructor's authorization from lapsing.
(8) "Serious behavioral problem" includes, but is not limited to, conduct which indicates unfitness to carry out the responsibilities related to the occupation or job performance of transporting children, such as: Dishonesty; immorality; or misuse of alcohol, a controlled substance, or a prescription drug; or furnishing alcohol or controlled substances to a minor or student. It does not include the orderly exercise during off-duty hours of any rights guaranteed under the law to citizens generally, except where such conduct indicates a safety risk for the transportation of students.
(9) "Medical examiner's certificate" means a written verification of passing a medical examination in accordance with the standards established in 49 CFR 391.41 through 391.49, of the Federal Motor Carrier Safety Regulations. School bus drivers must provide verification of passing a medical examination at a minimum of every twenty-four months. School bus drivers must continue to meet these medical requirements during the time between examinations. This requirement does not prevent a school district from requesting a more frequent examination.
[Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-009, filed 9/20/05, effective 10/21/05; 04-08-055, § 180-20-009, filed 4/2/04, effective 5/3/04; 02-18-055, § 180-20-009, filed 8/28/02, effective 9/28/02.]
[Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-021, filed 9/20/05, effective 10/21/05; 04-08-055, § 180-20-021, filed 4/2/04, effective 5/3/04.]
(1) Be at least twenty-one years of age.
(2) Have at least one year of experience as a driver of a truck or commercial vehicle requiring a special endorsement or, in the alternative, at least three years of experience as a driver of a passenger vehicle.
(3) Submit to a criminal record check according to chapter 28A.400 RCW which shows that no offenses have been committed which would be grounds for denial of an authorization.
(4) Satisfactorily complete a school bus driver training
course ((and each year thereafter, satisfactorily complete a
school bus driver in-service training course)).
(5) Meet all applicable continuing school bus driver
requirements in WAC ((180-20-102)) 392-144-102.
[Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-101, filed 9/20/05, effective 10/21/05; 05-08-014, § 180-20-101, filed 3/28/05, effective 4/28/05; 04-08-055, § 180-20-101, filed 4/2/04, effective 5/3/04; 02-18-055, § 180-20-101, filed 8/28/02, effective 9/28/02; 99-08-004, § 180-20-101, filed 3/25/99, effective 4/25/99; 96-20-042, § 180-20-101, filed 9/24/96, effective 10/25/96; 93-08-007, § 180-20-101, filed 3/24/93, effective 4/24/93.]
(1) Have a valid driver's license or commercial driver's license, as required by law, issued by the state department of licensing.
(2) Satisfactorily complete the annual school bus driver in-service training course.
(3) Hold a current and valid first-aid card which certifies that the applicant has completed a course in first aid.
(4) Submit annually to the school district a disclosure
of all crimes against children or other persons and all civil
adjudications in a dependency action or in a domestic relation
action and all disciplinary board final decisions of sexual
abuse or exploitation or physical abuse as required by RCW 43.43.834(2) and disclosure of all convictions which may be
grounds for denial, suspension, or revocation of authorization
under WAC ((180-20-103)) 392-144-103.
(5) Every authorized school bus driver must continue to meet the following physical requirements:
(a) Is physically able to maneuver and control a school bus under all driving conditions; and
(b) Is physically able to use all controls and equipment found on state minimum specified school buses; and
(c) Is physically able to perform daily routine school bus vehicle safety inspections; and
(d) Has sufficient strength and agility to move about in a school bus as required to provide assistance to students in evacuating the bus. The driver must be able to move from a seated position in a sixty-five passenger school bus, or the largest school bus the driver will be operating, to the emergency door, open the emergency door, and exit the bus through the emergency door, all within twenty-five seconds; and
(e) Provide verification of holding a current and valid medical examiner's certificate.
[Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-102, filed 9/20/05, effective 10/21/05.]
(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. 06-01-039, § 180-20-103, filed 12/15/05, effective 1/15/06; 05-19-107, § 180-20-103, filed 9/20/05, effective 10/21/05.]
(a) Verification of successful completion of the school bus driver training course.
(b) Verification that it has on file a copy of a current and valid medical examiner's certificate.
(c) Verification that it has on file a current five-year complete driver's abstract, including departmental actions, of the applicant's employment and nonemployment driving record issued by the department of licensing verifying compliance with all provisions of this chapter. The issue date of this abstract must be within sixty calendar days prior to the date the application is being submitted for temporary authorization.
(d) Verification that it has on file a disclosure
statement in compliance with preemployment inquiry regulations
in WAC 162-12-140, signed by the applicant, specifying all
convictions which relate to fitness to perform the job of a
school bus driver under WAC ((180-20-103)) 392-144-103 and all
crimes against children or other persons, that meets the
requirements of RCW 43.43.834(2).
(e) Verification that it has requested a criminal record check as required under chapter 28A.400 RCW and the date of such request.
(f) Verification that it has on file an applicant's disclosure of all serious behavioral problems which explains the nature of all such problems and/or conditions, a listing of the names, addresses, and telephone numbers of all doctors, psychologists, psychiatrists, counselors, therapists, or other health care practitioners of any kind or hospitals, clinics, or other facilities who have examined and/or treated the applicant for such problems and/or conditions and dates of examinations, therapy, or treatment and the school district has determined that any reported serious behavioral problem does not endanger the education welfare or personal safety of students, teachers, bus drivers, or other colleagues.
(g) Verification that the applicant complies with all of the requirements for authorized school bus drivers set forth in this chapter except for a first-aid card and/or the results of a criminal record check.
(2) Upon approval of the temporary authorization, notice will be provided to the employing school district.
(3) The temporary authorization shall be valid for a period of sixty calendar days. The temporary authorization may be renewed by approval of the regional transportation coordinator when the results of the criminal background check have not been received.
[Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-111, filed 9/20/05, effective 10/21/05; 04-08-055, § 180-20-111, filed 4/2/04, effective 5/3/04; 02-18-055, § 180-20-111, filed 8/28/02, effective 9/28/02; 99-08-004, § 180-20-111, filed 3/25/99, effective 4/25/99; 96-20-042, § 180-20-111, filed 9/24/96, effective 10/25/96; 93-08-007, § 180-20-111, filed 3/24/93, effective 4/24/93.]
(1) The employing school district shall forward to the superintendent of public instruction the following verifications relating to the applicant:
(a) Verification of successful completion of the school bus driver training course taught by an authorized school bus driver instructor.
(b) Verification that it has on file a copy of a current and valid medical examiner's certificate.
(c) Verification that it has on file a current five-year complete driver's abstract, including departmental actions, of the applicant's employment and nonemployment driving record issued by the department of licensing verifying compliance with all provisions of this chapter. The issue date of this abstract must be within sixty calendar days prior to the date an application was submitted for temporary authorization. If no request for a temporary school bus authorization was submitted, the issue date must be within sixty calendar days prior to the date of application of the school bus driver authorization.
(d) Verification that the applicant has a current and valid first-aid card.
(e) Verification that it has on file a disclosure
statement in compliance with preemployment inquiry regulations
in WAC 162-12-140, signed by the applicant, specifying all
convictions which relate to fitness to perform the job of a
school bus driver under WAC ((180-20-103)) 392-144-103 and all
crimes against children or other persons, that meets the
requirements of RCW 43.43.834(2).
(f) Verification that it has on file the results of a criminal record check as required under chapter 28A.400 RCW and that such results establish that the applicant has not committed any offense which constitutes grounds for denying, suspending, or revoking an authorization under this chapter and the date of such request.
(g) Verification that it has on file an applicant's disclosure of all serious behavioral problems which explains the nature of all such problems and/or conditions, a listing of the names, addresses, and telephone numbers of all doctors, psychologists, psychiatrists, counselors, therapists, or other health care practitioners of any kind or hospitals, clinics, or other facilities who have examined and/or treated the applicant for such problems and/or conditions and dates of examinations, therapy, or treatment and the school district has determined that any reported serious behavioral problem does not endanger the educational welfare or personal safety of students, teachers, school bus drivers, or other colleagues.
(h) Verification that the applicant complies with all of the requirements for authorized school bus drivers set forth in this chapter.
(2) Upon approval of an application, the superintendent of public instruction shall issue a notice of school bus driver authorization to the employing school district.
(3) Subsequent authorizations for an individual driver with new or additional employing school districts must be issued from the superintendent of public instruction to such districts prior to the operation of any motor vehicle for the transportation of children.
(4) The superintendent of public instruction will provide each school district with a list of their authorized school bus drivers and each authorized school bus driver's status.
[Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-112, filed 9/20/05, effective 10/21/05.]
(2) Conduct, which by a preponderance of the evidence, amounts to a serious behavioral problem which endangers the educational welfare or personal safety of students, teachers, school bus drivers, or other colleagues is grounds for denial, suspension, or revocation whether or not the conduct constitutes a crime. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to denial, suspension, or revocation action. Upon such conviction, however, the judgment and sentence is conclusive evidence at the ensuing hearing of the guilt of the authorized driver or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based.
(3)(a) Any person in treatment for alcohol or other drug misuse shall have his or her authorization suspended until treatment is satisfactorily completed and the completion is confirmed by a state-approved alcohol or drug treatment program at which time the authorization will be reinstated.
(b) In all cases of deferred prosecution under chapter 10.05 RCW, the authorization shall be suspended until the court confirms successful completion of the court approved treatment program at which time the authorization will be reinstated.
(4) Emergency suspension. If the superintendent of public instruction finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, emergency suspension of an authorization may be ordered pending proceedings for revocation or other action. In such cases, the superintendent of public instruction shall expedite all due process actions as quickly as possible.
(5)(a) Appeals and adjudicative proceedings. Any person desiring to appeal a denial, suspension, or revocation of a school bus driver authorization may do so to the superintendent of public instruction or designee in accordance with the adjudicative proceedings in RCW 34.05.413 through 34.05.494, and the administrative practices and procedures of the superintendent of public instruction in chapter 392-101 WAC.
(b) The superintendent of public instruction may assign the adjudicative proceeding to the office of administrative hearings and may delegate final decision-making authority to the administrative law judge conducting the hearing.
(c) The superintendent of public instruction may appoint a person to review initial orders and to prepare and enter final agency orders in accordance with RCW 34.05.464.
(d) Any person who disagrees with the school district's determination of failure to meet any school bus driver authorization qualifications may request that the school district forward the pertinent records to the superintendent of public instruction. After review or investigation, the superintendent of public instruction shall grant, deny, suspend, or revoke the authorization.
[Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-120, filed 9/20/05, effective 10/21/05; 02-18-055, § 180-20-120, filed 8/28/02, effective 9/28/02; 99-08-004, § 180-20-120, filed 3/25/99, effective 4/25/99; 96-20-042, § 180-20-120, filed 9/24/96, effective 10/25/96; 93-08-007, § 180-20-120, filed 3/24/93, effective 4/24/93.]
(2) The notification in writing shall identify the name of the authorized driver, his or her authorization number, the court in which the action is commenced, and the case number assigned to the action.
(3) The failure of an authorized driver to comply with the provisions of this section is an act of unprofessional conduct and constitutes grounds for authorization suspension or revocation by the superintendent of public instruction.
[Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-135, filed 9/20/05, effective 10/21/05; 02-18-055, § 180-20-135, filed 8/28/02, effective 9/28/02; 93-08-007, § 180-20-135, filed 3/24/93, effective 4/24/93.]
(2) The notification in writing shall be by certified or registered mail and shall identify the name of the authorized school bus driver, his or her authorization number, the court in which the action is commenced, and the case number assigned to the action.
[Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-140, filed 9/20/05, effective 10/21/05; 93-08-007, § 180-20-140, filed 3/24/93, effective 4/24/93.]
(2) This report shall verify that each authorized school bus driver's medical examination certificate expiration date, first-aid expiration date, driver's license expiration date and most recent school bus driver in-service training date has been updated in compliance with OSPI procedures.
(3) This report shall verify that each authorized school
bus driver has made an updated disclosure in writing and
signed and sworn under penalty of perjury which updates the
disclosure required in WAC ((180-20-102)) 392-144-102(4).
(4) This report shall verify that each authorized school
bus driver's five-year driving record is in compliance with
WAC ((180-20-103)) 392-144-103.
(5) This report shall verify that each authorized school
bus driver remains in compliance with the physical
requirements of WAC ((180-20-102)) 392-144-102(5).
(6) This report shall be a written verification that the evaluation has been conducted in accordance with the requirements of this chapter and that all drivers are in compliance, or if all drivers are not in compliance, a list of drivers who are out of compliance and the reason for noncompliance shall be provided.
[Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-145, filed 9/20/05, effective 10/21/05; 96-20-042, § 180-20-145, filed 9/24/96, effective 10/25/96; 93-08-007, § 180-20-145, filed 3/24/93, effective 4/24/93.]
The following sections of the Washington Administrative
Code are decodified as follows:
The following section of the Washington Administrative Code is repealed:
| WAC 180-20-011 | Training and qualifications of school bus drivers -- Administration. |