Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-06-079.

     Title of Rule and Other Identifying Information: Chapter 392-144 WAC, School bus driver qualifications.

     Hearing Location(s): Brouillet Conference Room, Office of Superintendent of Public Instruction, 600 South Washington Street, Olympia, WA 98504-7200, on June 6, 2007, at 9:00 a.m.

     Date of Intended Adoption: June 7, 2007.

     Submit Written Comments to: Allan J. Jones, Director, Pupil Transportation and Traffic Safety Education, P.O. Box 47200, Olympia, WA 98504-7200, e-mail allan.jones@k12.wa.us, fax (360) 586-6124, by May 31, 2007.

     Assistance for Persons with Disabilities: Contact Penny Coker by May 31, 2007, TTY (360) 664-3631.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarification needs to be added to chapter 392-144 WAC informing school districts they are required to obtain an original, current, and complete school bus driving record from the department of licensing.

     Statutory Authority for Adoption: RCW 28A.160.20 [28A.160.210].

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Clarification needs to be added to chapter 392-144 WAC informing school districts they are required to obtain an original, current, and complete school bus driving record from the department of licensing.

     Name of Proponent: Office of superintendent of public instruction, governmental.

     Name of Agency Personnel Responsible for Drafting: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6136; Implementation: Martin Mueller, Office of Superintendent of Public Instruction, (360) 725-5175; and Enforcement: Allan J. Jones, Office of Superintendent of Public Instruction, (360) 725-6120.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This revision is only applicable to public school districts.

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

April 23, 2007

Terry Bergeson

OTS-9592.2

AMENDATORY SECTION(Amending WSR 06-15-010, filed 7/6/06, effective 8/6/06)

WAC 392-144-110   Temporary authorizations -- Requirements and issuing procedures.   (1) A temporary school bus driver authorization may be issued by the superintendent of public instruction upon application by an authorized representative of the employing school district when the following has been provided:

     (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)) an original, current ((five-year)) and complete school bus driver's abstract, including departmental actions, of the applicant's employment and nonemployment driving record ((issued by)) obtained from 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 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 and 2006 c 263 § 906. 06-15-010, amended and recodified as § 392-144-110, filed 7/6/06, effective 8/6/06. 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)) an original, current ((five-year)) and complete school bus driver's abstract, including departmental actions, of the applicant's employment and nonemployment driving record ((issued by)) obtained from 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 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 and 2006 c 263 § 906. 06-15-010, amended and recodified as § 392-144-120, filed 7/6/06, effective 8/6/06. Statutory Authority: RCW 28A.160.210. 05-19-107, § 180-20-112, filed 9/20/05, effective 10/21/05.]

     (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 392-144-102(4).

     (4) This report shall verify that a current and original school bus driver's abstract has been obtained from the department of licensing on each authorized school bus driver(('s five-year)) and the driving record is in compliance with WAC 392-144-103.

     (5) This report shall verify that each authorized school bus driver remains in compliance with the physical requirements of WAC 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 and 2006 c 263 § 906. 06-15-010, amended and recodified as § 392-144-160, filed 7/6/06, effective 8/6/06. 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.]

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