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K.A.R. 91-38-6 requires each prospective school transportation provider to sign a statement concerning their criminal and driving record histories. "School transportation provider" is defined in K.A.R. 91-38-1 as "either a school bus driver or a school passenger vehicle driver."
The following are required disclosures pursuant to this regulation.

  1. Have you been convicted in any state or federal court within the last ten years of any felony involving another person or any crime involving a child? ___________________

If so, please explain: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  1. Within the last ten years, have you been convicted in any state of any of the following major traffic violations? If the answer is "yes" to any of the below listed violations, please identify the violation(s) and provide explanation for the circumstances below.

(A) Hit-and-run driving;

(B) Driving while under the influence of alcohol or drugs;

(C) Vehicular homicide;

(D) Reckless driving; or

(E) Any offense for which the driver’s license was suspended or revoked pursuant to K.S.A. 8-254 and 8-255 and amendments thereto. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

*For the purposes of this disclosure, a "conviction" means entering a plea of guilty or nolo contendre, a finding of guilty by a court or jury, or forfeiture of bond.

I attest that my above responses are truthful and accurate. I acknowledge that any disclosures given above may affect the district's ability to allow me to transport students, regardless of whether provision of student transport is identified as a required job duty or is simply incidental to my school employment or sponsorship of or attendance at school-related activities.

I hereby authorize USD 337 to obtain my driving record through a local law enforcement agency; the Kansas Department of Revenue, Division of Vehicles in accordance with K.S.A. 74-2012; and/or through law enforcement agencies in any other states wherein I have such a record.

Signed:_________________________________________________ ________________________

Signature of USD Employee or Applicant for Employment

Date__________________________________________________

Printed Name of Employee or Applicant for Employment

FOR USD REFERENCE ONLY…

Kansas Administrative Regulations Currentness

Agency 91. Department of Education

Article 38. School Bus Transportation (Refs & Annos)

91-38-6 School transportation driver qualifications.

(a) Driver's licensing and age requirements. Each person employed by a school district or by a school bus contractor who, at any time, will provide student transportation shall be licensed in accordance with K.S.A. 8-234b and amendments thereto, or the appropriate licensing statutes of the person's state of residence. Each person also shall meet the requirements listed below:

(1) Each driver of a school bus or activity bus with a gross weight of over 26,000 pounds shall maintain a commercial class A or B driver's license, with passenger endorsement.

(2) Each driver of a school bus or activity bus that has a gross weight of 26,000 pounds or less and is designed for transporting 16 passengers or more shall maintain a commercial class A, B, or C driver's license, with passenger endorsement.

(3) Each driver of a school passenger vehicle or a school bus or activity bus that has a gross weight of 26,000 pounds or less and is designed to transport fewer than 16 passengers shall maintain an appropriate noncommercial operator's license.

(4) Each driver's license shall be valid within the driver's state of residence.

(5) Each driver of an activity bus shall be 21 years of age or older.

(b) Criminal and driving records.

(1) Each prospective school transportation provider or other school employee who may transport students shall be required to sign a statement indicating whether that individual has been convicted within the past 10 years in any state or federal court of any felony involving another person or any crime involving a child. A person who has been convicted of such a crime within the past 10 years shall not be employed, re-employed, or retained as an employee to provide student transportation.

(2) Each prospective driver shall be required to sign a statement indicating whether, within the past 10 years, that individual has been convicted in any state of any major traffic violations indicated in subsection (c) of this regulation.

(3) For purposes of this regulation, a conviction means entering a plea of guilty or nolo contendre, a finding of guilty by a court or jury, or forfeiture of bond.

(4) Each prospective school transportation provider shall give written authorization to the prospective employer to obtain the applicant's driving record through a local law enforcement agency or the Kansas department of revenue, division of vehicles, in accordance with K.S.A. 74-2012 and amendments thereto. The authorization also shall allow the prospective employer to obtain the applicant's driving record in states other than Kansas through a local law enforcement agency or the appropriate agency of the other state.

(c) Disqualification from employment.

(1) Except as otherwise provided in paragraph (2) of this subsection, a governing body shall not employ or retain to transport students any person who discloses or whose driving record indicates that, within the past 10 years, the person has been convicted of any of the following major traffic violations:

(A) Hit-and-run driving;

(B) driving while under the influence of alcohol or drugs;

(C) vehicular homicide;

(D) reckless driving; or

(E) any offense for which the driver's license was suspended or revoked pursuant to K.S.A. 8-254 and 8-255 and amendments thereto.

(2) A governing body may waive the disqualification for employment by a unanimous vote of the full membership of the governing body.

(d) Driver experience and training requirements.

(1) Each driver who operates a school vehicle to transport students shall have at least one year's experience in operating a motor vehicle.

(A) School bus drivers shall be provided a minimum of 12 hours of bus driver training. The first six hours of training shall be completed without student passengers, but the remaining hours may be completed with student passengers, if the driver-trainer is on the bus. All driver training shall be supervised by the assigned driver-trainer.

(B) Except as otherwise provided in paragraph (2) (C) of this subsection, each school transportation provider shall complete a first aid and cardiopulmonary resuscitation (CPR) course, approved by the state department of education, before the first day the driver is allowed to transport students. Each driver completing any training session shall obtain a wallet card or other certificate attesting to that individual's completion of the training program.

(C) A school transportation provider who is certified as an emergency medical service provider shall not be required to complete first aid and CPR training, if the emergency medical certification is maintained in valid status. As used in this paragraph, “emergency medical service provider” means first responder, emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, or mobile intensive care technician.

(e) Each school transportation provider shall successfully complete a vehicle accident prevention course approved by the state department of education, before the first day the driver transports students. The driver shall obtain a completion certificate or wallet card as evidence that the course requirements have been met.

(1) After completion of the initial accident prevention course, each driver shall be required to maintain certification by either of the following:

(A) Completion of an accident prevention course at least every three years; or

(B) annual attendance at a workshop provided for school transportation personnel by the state department of education.

(2) The transportation supervisor shall maintain documentation of driver training for school transportation providers for the duration of the driver's employment, and a minimum of two years thereafter.

(f) Substitute and emergency school transportation providers.

(1) Substitute school transportation providers shall meet the requirements in this regulation, but they may be allowed up to 30 days following employment to complete the first aid, CPR, and accident prevention course training requirements.

(2) Any person who holds a valid commercial driver's license may operate a school bus in an emergency situation. For purposes of this paragraph, an “emergency situation” means a situation in which no qualified driver or substitute driver is available. A specific driver shall not drive as an emergency driver for more than five days during a school year.

(g) Physical examination and health requirements.

(1) The physical qualification requirements for school transportation providers in Kansas shall be those in 49 C.F.R. 391.41, as in effect on October 1, 2001, which is adopted by reference. The physical examination form that is prescribed by the federal highway administration, office of motor carriers, and that is available from the state department of education shall be utilized to document the results of each examination.

(2) The physical examination shall be certified by a person licensed to practice medicine and surgery, and shall be required according to the following schedule:

(A) Before beginning employment as a school transportation provider;

(B) at least every two years after the date of the initial physical examination; and

(C) at any time requested by the driver's employer, the school transportation supervisor, or the state department of education.

(3) A properly certified physical examination report required under this subsection shall constitute the certification of health required by K.S.A. 72-5213 and amendments thereto.

(4) Each governing body shall keep on file a current physical examination report for each school transportation provider. If a provider leaves employment for any reason, the person's last physical examination report shall be kept for two years after the person leaves.

(h) Waiver of physical requirements.

(1) Any person failing to meet the requirements of subsection (g) may be permitted to be a school transportation provider for a particular school district, if a waiver is granted by the governing board of that school district under this subsection. Each waiver shall meet the following requirements:

(A) The person seeking the waiver, the transportation supervisor for the school district, and the contract manager, if applicable, shall submit a joint application for a waiver to the local board of education.

(B) Each application shall be accompanied by reports from two physicians licensed to practice medicine and surgery, indicating their opinions regarding the person's ability to safely operate a school bus.

(C) The application shall contain a description of the type and size of the vehicle to be driven and any special equipment required to accommodate the driver to safely operate the vehicle, the general area and type of roads to be traveled, distances and time period contemplated, and the experience of the person in driving vehicles of the type to be driven.

(2) An application for a waiver shall be granted only by unanimous approval of the governing board.

(3) Restrictions of the waiver as approved by the governing body.

(A) A waiver as described in paragraph (1) of this subsection shall not be granted for a period longer than two years, but may be renewed by following the procedures in paragraph (1) of this subsection.

(B) While on duty, the driver shall keep in the driver's possession the original document granting the waiver or a legible copy of it.

(C) Each governing body shall retain the original document granting the waiver or a legible copy of the waiver in the driver's personnel file for as long as the driver is employed and for a period of at least two years following termination of the driver's employment.

(D) A waiver may be revoked, for cause, by the governing body. Before revocation, the governing body shall perform the following:

(i) Suspend the driver from service;

(ii) provide notice of the proposed revocation to the driver, including the reason or reasons for the proposed revocation; and

(iii) allow the driver a reasonable opportunity to show cause, if any, why the revocation should not occur.

(i) Alcohol and drug testing requirements. Each governing body may develop a policy to include all drivers of any school motor vehicles in the alcohol and drug testing program required for drivers holding commercial driver's licenses.

(Authorized by and implementing K.S.A. 8-2009; effective July 1, 2000; amended March 28, 2003.)

K.A.R. 91-38-6, KS ADC 91-38-6
Current through Vol. 31, No. 17, April 26, 2012