PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-20-098.
Title of Rule and Other Identifying Information: Chapter 392-144 WAC, School bus driver qualifications.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), 2nd Floor Conference Room, 600 South Washington Street, Olympia, WA 98504-7200, on March 12, 2008, at 9:00 a.m.
Date of Intended Adoption: March 14, 2008.
Submit Written Comments to: Allan J. Jones, Director, Pupil Transportation, P.O. Box 47200, Olympia, WA 98504-7200, e-mail allan.jones@k12.wa.us, fax (360) 586-6124, by March 5, 2008.
Assistance for Persons with Disabilities: Contact Penny Coker by March 5, 2008, TTY (360) 664-3631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The medical examination requirements for school bus drivers have been revised to allow a diabetic treated with insulin to possess an authorization based upon successfully meeting the criteria listed in the WAC. The criteria are patterned after the federal commercial driver license diabetes exemption program. Oversight of the individuals involved will be school district responsibility, resulting in minimal impact on OSPI workload.
Statutory Authority for Adoption: RCW 28A.160.20 [28A.160.210].
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of superintendent of public instruction, governmental.
Name of Agency Personnel Responsible for Drafting: Charles 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 bus drivers.
A cost-benefit analysis is not required under RCW 34.05.328.
February 4, 2008
Terry Bergeson
Superintendent
OTS-1302.1
AMENDATORY SECTION(Amending WSR 06-15-010, filed 7/6/06,
effective 8/6/06)
WAC 392-144-020
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 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 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.))
(a) School bus drivers must provide verification of passing a medical examination at a minimum of every twenty-four months.
(b) School bus drivers must continue to meet these medical requirements during the time between examinations.
(c) A school district may require more frequent examinations of any school bus driver.
(d) An individual who is an insulin dependent diabetic may hold a school bus driver authorization if they meet the following requirements:
(i) Possess a valid commercial driver license intrastate medical waiver for diabetes from the Washington state department of licensing or a valid interstate exemption certificate for diabetes issued by the Federal Motor Carrier Safety Administration;
(ii) Provide at a minimum of every twenty-four months to the authorizing school district or employer a completed, signed copy of Form SPI 1643, Application Section, and a completed, signed copy of Form SPI 1643, Endocrinologist Evaluation Section indicating the driver's medical condition allows them to safely operate a school bus while using insulin. The Endocrinologist Evaluation Section must indicate that within the past three years, the driver has completed instruction including diabetes management and driving safety; the signs and symptoms of hypoglycemia and hyperglycemia, and what procedures must be followed if complications arise. Physician verification of participation in a diabetes education program covering these topics is required at least every three years in order to remain qualified for a school bus driver authorization;
(iii) Provide at a minimum of every twelve months to the authorizing school district or employer a completed, signed copy of Form SPI 1643, Vision Evaluation Section indicating the driver does not have any vision problems that might impair safe driving;
(iv) Provide at a minimum of every six months to the authorizing school district or employer a completed, signed copy of Form SPI 1643, HbA1c Report Section indicating values more than 5.9 and less than 9.6 (unless accompanied by the signed medical opinion that the event was incidental and not an indication of failure to control glucose levels);
(v) Self-monitor blood glucose using an FDA approved device and demonstrate conformance with requirements (more than 100 mg/dl and less than 300 mg/dl):
(A) Within one hour before driving vehicles transporting students; and
(B) Approximately every four hours while on duty;
(vi) Maintain a daily log of all glucose test results for the previous six-month period and provide copies to the authorizing school district(s) or employer, and the medical examiner or physician upon request;
(vii) Carry a source of readily absorbable/fast-acting glucose while on duty;
(viii) Report immediately to their employer, any failure to comply with specific glucose level requirements as listed in (d)(iv) or (v) of this subsection, or loss of consciousness or control;
(ix) Individuals who have had a loss of consciousness or loss of control (cognitive function) due to a diabetic event do not qualify for a school bus driver authorization for one year, provided there has not been a recurrent hypoglycemic reaction requiring assistance of another person within the previous five years;
(x) A school bus driver is no longer authorized to operate a school bus and must be immediately removed from driving duties for any of the following:
(A) Results of the most recent HbA1c test indicating values less than 6.0 or greater than 9.5 unless accompanied by the signed medical opinion that the event was incidental and not an indication of failure to control glucose levels;
(B) Results of self-monitoring indicate glucose levels less than 100 mg/dl or greater than 300 mg/dl, until self-monitoring indicates compliance with specifications;
(C) Experiencing a loss of consciousness or control relating to diabetic condition;
(D) Failing to maintain or falsifying the required records, including self-monitoring records and any section of Form SPI 1643;
(xi) The authorizing school district or employer may request medical review of any or all signed, completed sections of Form SPI 1643, Washington State Authorized School Bus Driver Diabetes Exemption Program, and the driver's daily glucose test logs by a medical examiner or physician of their choice. The cost of this review shall be paid by the school district or employer.
[Statutory Authority: RCW 28A.160.210 and 2006 c 263 § 906. 06-15-010, amended and recodified as § 392-144-020, filed 7/6/06, effective 8/6/06. 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.]