8600.04 - BUS OPERATOR CERTIFICATION

Hampshire County Schools

Bylaws & Policies

8600.04 - BUS OPERATOR CERTIFICATION

It is the policy of the Board of Education that all bus operators hold proper certification under standards for school bus operators established within the West Virginia State Code and West Virginia Board of Education policy, which include good moral character, proper training and experience, demonstrated competency, physical and mental/emotional capabilities, and passing the physical examination. It is also the purpose of this Board to protect its students from drivers whose certification is invalidated in the State of West Virginia.

Bus operators are on notice that the State Superintendent may suspend, revoke or refuse to renew the certification or impose any condition upon the certification of any school bus operator upon evidence that the school bus operator is not otherwise qualified to perform the duties of school bus operator as set forth below. For purposes of this policy, a conviction includes any plea of guilty, conditional pleas or pleas of no contest.

A bus operator may be suspended, have their certification revoked, or their certification non-renewed due to:

	A.	failure to meet the physical and mental/emotional requirements as indicated from the results of any physical or psychological examination.
		The Superintendent shall have the right to require a physical and/or psychological examination from a designated health care provider when s/he has any reasonable questions regarding the ability of a school bus operator and the safety of students or the sufficiency of an annual physical examination.
	B.	failure to pass the online examination developed by the State Department.
	C.	failure to complete the annual minimum twelve (12) hours of transportation related professional development.
	D.	failure of any drug or alcohol test administered by the Board or submission of an adulterated specimen.
		The school bus operator shall not be certified to operate a school bus for at least two (2) years subsequent to a positive or adulterated test result. For a second positive test result or adulteration, certification shall be revoked and refused permanently.
	E.	accumulation of ten (10) or more points on Department of Motor Vehicles (DMV) driving record or conviction of reckless driving, as defined by WV Code 17C-5-3 or conviction for leaving the scene of an accident involving physical injury or death, as defined by WV Code 17C-4-1, or conviction for obstructing an officer or fleeing an officer as defined by WV Code 61-5-17 while an employee.
	F.	conviction of a felony.
	G.	conviction of and/or DMV suspension or revocation of license, on a charge of operating a motor vehicle while under the influence of alcohol, or controlled substances, or preponderance of evidence presented, such as positive breath or blood test, of operating a motor vehicle under the influence of same.
		The applicant/employee shall not be certified to operate a school bus for at least two (2) years subsequent to a first offense for such conviction or suspension/revocation. For a second offense certification shall be withdrawn and refused permanently.
	H.	conviction on a charge of possession or sale of a controlled substance.
	I.	demonstration of a preponderance of evidence or by conviction that the school bus operator is an abuser of alcohol, or lawfully prescribed controlled substances or a user of illegal controlled substances or controlled substances not lawfully prescribed.
	J.	conviction of any sexual assault or abuse charge.
		The school bus operator may also have certification renewal refused or certification suspended or revoked when it is shown by a preponderance of evidence that s/he has sexually assaulted or sexually abused any person, or engaged in a consensual sexual or amorous relationship with a student.
	K.	demonstrations by a preponderance of evidence of frequent violations of traffic laws, sound safety practices, regulations, or ordinances, or any single violation that threatened the safety of student passengers, or other users of streets or highways.
	L.	violation of West Virginia Board of Education Policy 5902 - Employee Code of Conduct that has a rational nexus or relationship to the performance of a school bus operator's duties.

The above violations, misconduct, etc., shall not be confined to the time the school bus operator is driving the school vehicle.

Bus operators are on further notice that when the State Superintendent receives information concerning any of the violations set forth above, or any other conduct that would justify the recall, refusal, or suspension or the imposition of any condition upon the certification of any school bus operator, the bus operator is notified of the pending action against him/her and afforded the opportunity for a hearing in accordance with West Virginia Board of Education policy 1340 - Rules of Procedure for Administrative Hearings and Appeals.

A driver involved in a preventable school bus accident, or judged guilty of a minor traffic violation, shall be subject to the disciplinary action established in the Superintendent's administrative guidelines.

Additionally, any school bus operator under contract with the Board who fails to comply with any of the aforementioned rules is guilty of breach of contract and the employee may be subject to discipline up to and including termination after notice and, if requested or required, hearing by the Board.

BUS OPERATOR CERTIFICATION TEST

Notwithstanding any other provision of West Virginia Code to the contrary or any rules of the Board concerning school bus operator certification in effect on July 1, 2010, the certification test for school bus operators shall be required as follows, and school bus operator shall not be required to take the certification test more frequently for:

	A.	substitute school bus operators and for school bus operators with regular employee status, but on a probationary contract, the certification test shall be administered annually;
	B.	school bus operators with regular employee status and continuing contract status, the certification test shall be administered triennially, and;
	C.	substitute school bus operators who are retired from a county board and who at the time of retirement had ten years of experience as a regular full-time bus operator, the certification test shall be administered triennially.

WV State Board of Education Policy 1340
WV State Board of Education Policy 4336
WV Code 17C-14-12, 18A-4-8e(k)

Revised 9/21/09
Revised 7/5/11
Revised 11/7/11