8VAC20-70 Regulations Governing Pupil Transportation

REGULATIONS

Vol. 25 Iss. 25 - August 17, 2009

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Chapter 70

Proposed Regulation

Title of Regulation: 8VAC20-70. Regulations Governing Pupil Transportation (amending 8VAC20-70-10, 8VAC20-70-40, 8VAC20-70-100, 8VAC20-70-110, 8VAC20-70-130, 8VAC20-70-140, 8VAC20-70-150, 8VAC20-70-160, 8VAC20-70-170, 8VAC20-70-180, 8VAC20-70-200, 8VAC20-70-220, 8VAC20-70-230, 8VAC20-70-280, 8VAC20-70-300, 8VAC20-70-350, 8VAC20-70-360, 8VAC20-70-370, 8VAC20-70-380, 8VAC20-70-420, 8VAC20-70-430, 8VAC20-70-450, 8VAC20-70-460, 8VAC20-70-480, 8VAC20-70-490, 8VAC20-70-510, 8VAC20-70-525; adding 8VAC20-70-31, 8VAC20-70-271, 8VAC20-70-359, 8VAC20-70-411, 8VAC20-70-435; repealing 8VAC20-70-310).

Statutory Authority: §§ 22.1-16, 22.1-176 and 22.1-177 of the Code of Virginia.

Public Hearing Information:

September 24, 2009 - 7 p.m. - Robert E. Lee High School, 6540 Franconia Road, Springfield, VA

September 24, 2009 - 7 p.m. - Glenvar Middle School, 4555 Malus Drive, Salem, VA

September 24, 2009 - 7 p.m. - Jolliff Middle School, 1021 Jolliff Road, Chesapeake, VA

Public Comments: Public comments may be submitted until 5 p.m. on October 16, 2009.

Agency Contact: Dr. Margaret N. Roberts, Office of Policy and Communications, Department of Education, P.O. Box 2120, 101 N. 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, FAX [phone], or email [e-mail].

Basis: The scope of legal authority is defined by Article VIII, § 4, Constitution of Virginia, which vests in the Board of Education the general supervision of the public school system.

Section 22.1-16 of the Code of Virginia provides the board with general authority to promulgate "such regulations as may be necessary to carry out its powers and duties…."

Section 22.1-176 of the Code of Virginia authorizes the board to promulgate regulations relating to fees for school transportation.

Section 22.1-177 of the Code of Virginia gives the board general authority to make regulations relating to the construction, design, operation, equipment, and color of public school buses and the authority to issue an order prohibiting the operation on public streets and highways of any public school bus that does not comply with such regulations.

Section 22.1-178 of the Code of Virginia additionally sets forth requirements for school bus drivers and authorizes the board to furnish forms to school divisions to obtain information from applicants for employment as school bus drivers as required in statute.

Purpose: The revised Regulations Governing Pupil Transportation to address new state laws passed since 2004, as well as new federal requirements. Current state law does not require students to ride public school buses. The revision of these regulations will help to ensure the safety of children riding public school buses. Providing safe, free transportation to and from school for children in Virginia will reduce the need for parents to transport their children.

Substance: Substantive changes are made to the existing regulations as follows:

1. Definitions have been updated to conform to those in the 2005 National School Transportation Specifications and Procedures document.

2. Requirements for school activity buses are clarified.

3. Language has been included prohibiting driving more than 13 hours in a 24-hour period per § 46.2-812 of the Code of Virginia.

4. Restrictions on standees on school bus have been changed.

5. Language has been included for safety instruction of grades 9 through 12 students who ride school buses.

6. Language has been included to change the maintenance inspection from 30 operating days or every 2,500 miles to every 45 calendar days.

7. Language has been included regarding the operational assessments conducted by the Department of Education.

8. Language has been included to change the review of routes from once a year to twice a year.

9. Language has been included on the use of nonsequential lighting system use at railroad crossings.

10. Language has been included on records retention for pupil transportation records.

11. Language has been included providing further explanation of training and including new transportation directors in this training.

12. Language has been included for instructors to meet the requirements of a school bus driver and to have at least two years of experience.

13. Language has been included providing further explanation of what should be covered in annual in-service training. The times for in-service training have been updated.

14. The pretrip safety inspection requirement has been clarified, and updates to the procedure as outlined in the Preventive Maintenance Manual have been included.

15. The requirement to report minor bus crashes by divisions has been eliminated.

Issues: The Regulations Governing Pupil Transportation is being revised to improve the safety and efficiency of children riding public school buses.

Section 46.2-812 of the Code of Virginia requires that no person shall drive any motor vehicle on the highways of the Commonwealth for more than 13 hours in any period of 24 hours or for a period that when added to the time such person may have driven in any other state would make an aggregate of more than 13 hours in any 24-hour period.

Changes to instruction of directors, drivers, and students are included. Requiring new transportation directors to attend the "Train the Trainer" sessions will provide them a good overall view of what is required of bus drivers. Training for students in grades 9 through 12 will help ensure that students who may not always ride a bus know the rules for riding a bus and also know where the emergency exits are located. Topics for training and in-service are included to assist the school divisions in providing appropriate training in areas of concern.

Requiring instructors to meet the requirements of a school bus driver and have at least two years of experience will ensure the instructors know what is required of a school bus driver.

The use of the nonsequential lighting system is different from the lighting system on older buses, in particular, at railroad crossings. This requirement would be covered in training sessions each year.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Education (Board) proposes several amendments to these regulations including: 1) updating definitions to conform to the 2005 National School Transportation Specifications and Procedures, 2) adding numerous clarifications, 3) no longer permitting school divisions to have students standing during school bus rides for the first 30 instructional days of school, 4) mandating that all high school students receive additional training on the rules for motorists approaching a stopped school bus and on safe following distances when operating a personal vehicle, 5) amending the required minimum frequency of school bus maintenance inspections, 6) no longer requiring that bus collisions where no one is injured and damage is less than $1,000 be reported to the Department of Education (Department), 7) requiring that school bus routes, school sites, and safety of pupils at designated school bus stops shall be reviewed at least twice each year rather than just once, 8) requiring that new transportation directors/supervisors employed by school divisions shall complete the "Train the Trainer" class conducted by the Department, and 9) requiring that school bus driver instructors meet the requirements of a school bus driver and have at least 2 years experience.

Result of Analysis. The benefits likely exceed the costs for one or more proposed changes. There is insufficient data to accurately compare the magnitude of the benefits versus the costs for other changes.

Estimated Economic Impact

Under current regulations school divisions can plan to have students standing during school bus rides for the first 30 instructional days of school while routes are adjusted. The proposed text indicates the school divisions can no longer have overcrowded buses at the beginning of the school year as routes are adjusted to match student needs. School staff will need to put in greater effort to have routes planned to match students' needs prior to the first day of school, and to make faster adjustments when overcrowding is encountered due to unexpected demand. This may require a small addition in staff time, but will likely significantly improve safety for those students who no longer will need to stand on moving buses. This proposed change will thus likely produce a net benefit.

The Board proposes to require that students in grades 9 through 12 shall receive additional training on the rules for motorists approaching a stopped school bus and on safe following distances when operating a personal vehicle. According to the Department the additional training could for example take place during one school auditorium assembly each year. Some extra training on these rules may result in modest improvement in road safety. On the other hand it will require some additional school time that could be used productively in other ways. There is insufficient information to determine if the benefit from the potential modest improvement in road safety exceeds the opportunity cost of school time spent on this instruction rather than on other productive activities.

Under the current regulations all school buses and school activity vehicles used to transport public school pupils to and from school and school activity events shall be inspected and maintained by competent mechanics at least once every 30 operating days or every 2,500 miles traveled. The Board proposes to amend the minimum frequency of inspections and maintenance to at least once every 45 calendar days. This will not significantly affect most schools, but will affect some divisions where some buses run short routes and may take considerably longer than 30 operating days or 45 calendar days to reach 2,500 miles. Some extra time by mechanics may be needed to comply with the proposed required minimum frequency of 45 calendar days; but vehicles do deteriorate with time as well as with usage when not maintained. Thus, the proposed amendment does likely provide benefit in increasing the likelihood that school buses remain safe for their passengers.

School divisions currently must report all crashes to the Department through a web based system. The Board proposes to no longer require that bus collisions where no one is injured and damage is less than $1,000 be reported to the Department. According to the Department this will save school divisions across the Commonwealth the filing of at least 1,000 reports annually. Since filing reports take approximately 30 minutes per incident¹ this will save school divisions cumulatively at least 500 hours of staff time. Since the Department does not believe it needs this data, this proposal clearly produces net benefit.

The Board also proposes to require that new transportation directors/supervisors employed by school divisions complete the "Train the Trainer" class conducted by the Department. The intent of this requirement is to ensure that directors understand the responsibilities required of school bus drivers, and to give them a good overview of the laws and regulations governing pupil transportation. The training lasts three to four days and is offered about six times during the summer at different locations around the Commonwealth and has a $25 fee. There are approximately ten new transportation directors/supervisors each year.

Businesses and Entities Affected. The proposed amendments affect the 132 school divisions in the Commonwealth.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments are unlikely to significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments are unlikely to significantly affect small businesses.

Real Estate Development Costs. The proposed amendments will not significantly affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

______________________________

¹ Time estimate by Department of Education

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The agency agrees with the economic impact analysis done by the Department of Planning and Budget. The agency will continue to examine the economic and administrative impact of the regulations as they progress through the Administrative Process Act process.

Summary:

The proposed amendments include (i) updating definitions to conform to the 2005 National School Transportation Specifications and Procedures; (ii) adding numerous clarifications; (iii) prohibiting school divisions from having students stand during school bus rides during the first 30 instructional days of the school year; (iv) mandating that all high school students receive additional training on the rules for motorists approaching a stopped school bus and on safe following distances when operating a personal vehicle; (v) amending the required minimum frequency of school bus maintenance inspections; (vi) eliminating the requirement that bus collisions be reported to the Department of Education when no one is injured and damage is less than $1,000; (vii) requiring review of school bus routes, school sites, and safety of pupils at designated school bus stops at least twice each year rather than just once; (viii) requiring new transportation directors/supervisors employed by school divisions to complete the "Train the Trainer" class conducted by the Department of Education; and (ix) requiring school bus driver instructors to meet the requirements of a school bus driver and have at least two years experience.

Part I
Definitions

8VAC20-70-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Classroom instruction" means training provided by a qualified driver instructor through lectures, demonstrations, audio-visual presentations, computer-based instruction, driving simulation devices, or similar means. Instruction occurring outside a classroom is included if it does not involve actual operation of a school bus and its components by the student.

"Color-black" means federal standard No. 595, black.

"Color-yellow" means national school bus yellow SBMTC School Bus Manufacturers Technical Council (SBMTC) color standard 008.

"Multifunction School Activity Bus (MFSAB)" or "school activity bus" means a school bus whose purposes do not include transporting students to and from home or school bus stops as defined in 49 CFR 571.3. This subcategory of school bus meets all Federal Motor Vehicle Safety Standards (FMVSS) for school buses and meets all regulations for school buses, except the traffic control devices, identification, color, use of cruise control, and seating requirements.

"Nonconforming bus" means any vehicle designed to carry more than 10 passengers that is used to transport children to or from school or school-related activities that does not meet the federal standards, 49 CFR Part 571, specific to school buses or multifunction school activity buses. These vehicles are not approved for transporting students to and from school or school-related activities.

"School bus" means any motor vehicle described in this chapter as "Type A1 and A2," "Type B1 and B2," "Type C," or "Type D," which is designed and used for the transportation of pupils, which is other than a station wagon, automobile, truck, or commercial bus that is (i) designed and used primarily for the transportation of pupils to and from public, private, or religious schools, or for the transportation of pupils who are physically handicapped to and from a sheltered workshop; (ii) painted yellow with the words "School Bus" in black letters of a specified size on the front and rear,; and which is (iii) equipped with the required warning devices as stated prescribed in § 46.2-100 § 46.2-1090 of the Code of Virginia. A yellow school bus may have a white roof provided such vehicle is painted in accordance with regulations and specifications of the Department of Education.

Note: This definition includes school buses owned and operated by school boards, private contractors, local governments, and transit systems that are used for the transportation of public school pupils.

"Specially equipped bus" means a school bus designed, equipped, or modified to accommodate students with special needs.

"Type A school bus" means a van conversion or bus constructed utilizing a cutaway front-section vehicle with a left side driver's door. The entrance door is behind the front wheels. This definition includes two classifications. Type A1, with a Gross Vehicle Weight Rating (GVWR) less than or equal to 10,000 of 14,500 pounds or less; and Type A2, with a GVWR greater than 10,000 14,500 pounds, but less than or equal to 21,500 pounds.

"Type B school bus" means a bus with a body constructed utilizing a stripped chassis. The entrance door is behind the front wheels. This definition includes two classifications: Type B1, with a GVWR less than or equal to of 10,000 pounds or less; and Type B2, with a GVWR greater than 10,000 pounds.

"Type C (Conventional) school bus" means a bus with a body constructed utilizing a installed upon a flat-back cowl chassis with a hood and front fender assembly fenders. The entrance door is behind the front wheels. This definition shall include two classifications: Type C1, with a GVWR range of 17,500 pounds with a design seating capacity range from 16 to 30 persons; and Type C2 with a GVWR of more than 21,500 pounds with a design seating capacity for more than 30 persons. The engine is in front of the windshield and the entrance door is behind the front wheels. Both Type C1 and Type C2 must be equipped with dual rear tires.

"Type D school bus" means a bus with a body constructed utilizing a stripped chassis. The entrance door is ahead of the front wheels. This bus is also known as a rear engine or front engine transit style school bus.

"Vehicle" means any vehicle owned or operated by, or owned or operated by any person under contract by, a county, city, town, or school board in which any school pupils or personnel are transported at public expense from any public school.

8VAC20-70-31. Driving more than 13 hours in a 24-hour period prohibited.

Pursuant to § 46.2-812 of the Code of Virginia, no person shall operate any school bus, school activity bus, or school activity vehicle for more than 13 hours in any period of 24 hours or for a period that when added to the time such person may have driven any vehicle in any other state would make an aggregate of more than 13 hours in any 24-hour period. Drivers of other commercial vehicles shall report all hours driven prior to operating a school bus, school activity bus, or school activity vehicle.

No owner of any vehicle shall cause or permit a vehicle to be driven in violation of this section.

8VAC20-70-40. Seating.

The number of pupils who may ride a school bus shall be determined by the total number who can be seated on the seat cushion facing forward, safely seated within the seating compartment, and shall not exceed the manufacturer's capacity. During the first 30 instructional days of the school year standees may be permitted for short distances in the aisle back of the driver's seat. Pupils may not be permitted to stand after the first 30 instructional days, except under unforeseen temporary emergency conditions and for short distances as identified by the local school board.

8VAC20-70-100. Passenger restraint belts.

Pupils riding in school buses required by federal law to be equipped with passenger restraint belts shall wear them as required by state or federal law while the bus is in motion. See Federal Motor Vehicle Safety Standards No. 209 and 210.

8VAC20-70-110. Pupil rider transportation safety instruction.

Pupil rider safety transportation instruction shall be included in the school curriculum, including demonstration and practices of safety procedures.

1. At the Pre-K-1 grade levels, initial safety training shall occur during the first week of school with additional training on a periodic basis during the year. Students in grades 9 through 12 shall receive additional training on the rules for motorists approaching a stopped school bus and on safe following distances when operating a personal vehicle.

2. Emergency exit drills shall be practiced by all pupil riders at least twice a year, the first occurring during the first 30 instructional days and the second in the second semester and shall include the school bus driver. Summer session evacuation drills should be performed as needed.

3. A copy of bus rider safety rules shall be sent to parents at the beginning of the school year. The information shall include a request that parents or their designee accompany their young children to and from the bus stop.

8VAC20-70-130. Maintenance inspection.

All school buses and, school activity vehicles, and school vehicles used to transport public school pupils to and from school and school activity events shall be inspected and maintained undergo a Level 2 maintenance inspection as prescribed in the Preventive Maintenance Manual for Virginia School Buses by competent mechanics immediately before being used in the fall for each new school year and a Level 1 inspection at least once every 30 operating days or every 2,500 miles traveled 45 calendar days after the start of the new school year. The inspections and maintenance shall be conducted in accordance with provisions of the "Preventive Maintenance Manual for Virginia School Buses, March 2003" (November 2008) and recorded on the prescribed inspection forms or in a format approved by the Department of Education. If the inspection and maintenance are not made in a shop operated by the school board or the local governing body, the school board shall designate one or more inspection centers to make the inspections and require a copy of the results of the inspections to be furnished to the division superintendent. School division compliance with the foregoing maintenance inspection requirement shall be subject to verification by the Department of Education.

Subject to funds being available, the Department of Education shall conduct random operational assessments during the school year of school divisions' pupil transportation operations to ensure statutes, regulations, and specifications are being met. The Department of Education shall establish procedures for conducting the random operational assessments.

Maintenance and service personnel shall be encouraged to attend approved workshops or training institutes and shall receive all necessary service and maintenance publications for equipment serviced.

8VAC20-70-140. Crash/incident Crash reporting.

A report, on forms or in a format furnished by the Department of Education, of any crashes or incidents involving school buses, pupils, and personnel who ride school or activity buses (including injury or death while crossing the road, waiting at bus stops, etc.) shall be sent to the Pupil Transportation Service, Department of Education by the division superintendent or designee at least once a month. The report shall give the apparent cause of the crash or incident and the extent of injuries to pupils or others. The division superintendent or designee shall notify the Pupil Transportation Service of any school bus crash or incident involving serious injuries, requiring professional medical treatment, or death within the next working day from the date of the crash or incident.

A vehicle crash occurs when property damage is $1,000 or more or when persons are injured. An incident occurs when property damage is $999 or less and there are no injured individuals.

The Department of Education shall publish on its website an annual report of the number of crashes involving school buses, pupils, and personnel who ride school or activity buses (including incidents of injury or death while crossing the road, waiting at bus stops, etc.) in each division.

8VAC20-70-150. Route schedule.

All school buses in operation shall be scheduled to maximize safety and efficiency. The schedule shall show the time the bus starts in the morning, the time it leaves each point at which pupils are picked up, and the time of arrival at school, and the time of drop off at home in the afternoon. One copy of such schedule shall be kept in the bus and secured when the bus is unattended, and one copy shall be kept in the office of the division superintendent or designee.

8VAC20-70-160. Review of routes.

School bus routes, school sites, and safety of pupils at designated school bus stops shall be reviewed at least once twice each year, once each semester. Bus routes shall be reviewed for safety hazards, and fuel conservation, and to assure maximum the most efficient use of buses. Local school administrators shall evaluate the safety of pupils at bus stops periodically and shall at the request of the local school board report the results annually to the school board. Hazardous or unusual situations, to include railway crossings, shall be marked on the route sheet and made available to drivers and substitutes.

A written vehicular and pedestrian traffic control plan for each existing school site shall be reviewed annually for safety hazards. All new school site plans shall include provisions that promote vehicular and pedestrian safety.

8VAC20-70-170. Railway crossings.

School buses shall stop, as required by law, at railway grade crossings. The School buses equipped with a nonsequential lighting system must have these lighting systems deactivated when approaching a railroad grade crossing and the 4-way hazard lights shall be activated when approaching the railway grade crossing and shall be deactivated before crossing the track. The bus driver shall turn off all noisy equipment, open the entrance door of the bus and determine when it is safe for the vehicle to cross the railroad tracks. The entrance door shall be closed when the bus is in motion. No stop need be made at any grade crossing where traffic is directed by a police law-enforcement officer or a green traffic-control signal as stated in § 46.2-886 of the Code of Virginia.

8VAC20-70-180. Driver reports Ridership and miles report.

School boards shall require that a report on the number of pupils transported and miles traveled be made by all school bus drivers to principals or other designated school officials submitted to designated school officials.

8VAC20-70-200. Identification and lights covering.

The lettered identification and traffic warning lights on the front and rear of school buses shall be covered with opaque detachable material when they school buses are used for purposes other than to transport pupils on regular routes to and from school, or on special trips to participate in contests of various kinds, and or for supplementary education purposes as required by § 22.1-183 of the Code of Virginia. This does not apply when the bus is being used to transport elderly or mentally or physically handicapped persons.

8VAC20-70-220. Passage restriction.

No object shall be placed on any bus carrying passengers that will restrict the access to any exit, restrict the freedom of motion of the driver for proper operation of the vehicle, or where displacement of such objects may result in personal injury to passengers.

8VAC20-70-230. Required materials.

All vehicles used primarily to transport students to and from school or school-related activities shall carry reflective triangles, first aid kit, body fluid clean-up kit and fire extinguisher.

8VAC20-70-271. Records retention.

School division documents related to pupil transportation shall be retained in accordance with local policy and guidelines from the Virginia State Library.

Part III
Requirements for School Bus Drivers

8VAC20-70-280. Requirements for school bus drivers both for employment and continued employment.

Sections Section 22.1-178, 46.2-339, and 46.2-340 of the Code of Virginia require requires drivers of school and activity buses to:

1. Have a physical examination of a scope prescribed by the Board of Education with the advice of the Medical Society of Virginia and furnished on a form prescribed by the Board of Education showing the results of such examination.

a. No person shall drive a school bus unless that person is physically qualified to do so and has submitted a School Bus Driver's Application For Physician's Certificate signed by the applicant and the doctor or a licensed nurse practitioner for the applicable employment period.

b. The physical form describes the basic physical qualifications for school bus drivers; however, the examining physician or licensed nurse practitioner shall make the final determination of the individual's physical capacity to operate a school bus based upon their assessment of the individual's overall physical condition.

2. Furnish a statement or copy of records from the Department of Motor Vehicles showing that the person, within the preceding five years, has not been convicted of a charge of driving under the influence of intoxicating liquors or drugs, convicted of a charge of refusing to take a blood or breath test, convicted of a felony, or assigned to any alcohol safety action program or driver alcohol rehabilitation program pursuant to § 18.2-271.1 of the Code of Virginia or, within the preceding 12 months, has not been convicted of two or more moving traffic violations or has not been required to attend a driver improvement clinic by the Commissioner of the Department of Motor Vehicles pursuant to § 46.2-497 § 46.2-498 of the Code of Virginia.

3. Furnish a statement signed by two reputable persons who reside in the school division or in the applicant's community that the person is of good moral character.

4. Exhibit a license showing the person has successfully undertaken the examination prescribed by § 46.2-339 of the Code of Virginia.

5. Be at least 18 years old.

6. Submit to testing for alcohol and controlled substances that is in compliance with the Omnibus Transportation Employee Testing Act of 1991 (Public Law 102-143, Title V) as amended and that is in compliance with 49 CFR Parts 40 and 382.

8VAC20-70-300. Required documents.

The documents required pursuant to subdivisions 1 and 2 of 8VAC20-70-280 shall be furnished annually prior to the anniversary date of the employment to operate a school bus.

8VAC20-70-310. Filing. (Repealed.)

The documents required pursuant to this section shall be filed with, and made a part of, the records of the school board employing such person as a school bus operator.

8VAC20-70-350. Training.

No person shall operate a school or activity bus transporting pupils unless the person has:

1. Received classroom, demonstration, and behind-the-wheel instruction in accordance with a program developed by the Department of Education pursuant to § 22.1-181 of the Code of Virginia.

2. Completed a minimum of 24 classroom hours and 24 hours of behind-the-wheel training. A minimum of 10 of the 24 hours of behind-the-wheel time shall involve the operation of a bus with pupils on board while under the direct on-board supervision of a designated bus driver trainer. Drivers of Type D buses must complete eight additional hours of training behind-the-wheel. All drivers shall receive training in the operation of a Type D bus and transportation of students with special needs. buses representative of the type used in the school division in which they will be employed and in the transportation of students with special needs. Classroom instruction means training provided by a qualified driver instructor through lectures, demonstrations, audio-visual presentations, computer-based instruction, driving simulation devices, or similar means. Instruction occurring outside a classroom is included if it does not involve actual operation of a school bus and its components by the student. Behind-the-wheel training does not include time spent riding in a school bus or observing operation of a school bus when the student is not in control of the vehicle.

The superintendent or his designee shall maintain a record showing that the applicant has completed the training and has been approved to operate a school or activity bus.

3. New transportation directors/supervisors employed by school divisions shall complete the "Train the Trainer" class conducted by the Department of Education within a year after being employed in this position.

8VAC20-70-359. Requirements for school bus driver instructors.

Instructors must meet the requirements of a school bus driver and have at least two years experience operating a Class B type vehicle.

8VAC20-70-360. In-service training.

In-service training (at least two hours before opening before the opening of schools the school year and at least two hours during the second half of the school year) year devoted to improving the skills, attitudes, and knowledge, including orientation to maximize benefits of using safety programs and safety components shall be provided to all school or activity bus drivers. In-service training shall include, but is not limited to, the following topics: basic motor vehicle laws, related administrative codes, pre-trip inspection procedures, student discipline and conduct, drug and alcohol testing procedures and policies, fuel conservation, safety, emergency procedures, student information and confidentiality, and local policies and procedures as required by the division's transportation department. A copy of the agenda for each in-service training event shall be on file.

8VAC20-70-370. Supervision.

The drivers of school and activity buses shall be under the general direction and control of the division superintendent or designee, and shall also be accountable to the principal of the school to which pupil transportation is provided.

8VAC20-70-380. Pre-trip safety inspection.

The Prior to the initial transporting of children each day, the drivers of school and activity buses shall perform a daily pre-trip safety inspection of the vehicle prior to transporting children. The items checked and recorded shall be at least equal to the pre-trip inspection procedure as prescribed in the Preventive Maintenance Manual for Virginia School Buses (November 2008) issued by the Department of Education.

8VAC20-70-411. Driver trainers.

Driver trainers must meet the requirements of 8VAC20-70-280 and 8VAC20-70-350 and have at least two years experience operating a Class B vehicle.

8VAC20-70-420. Instructor course certificate.

Local school bus driver training instructors shall hold a certificate for completion of an instructor course conducted or approved by the Department of Education and shall attend a recertification course every five years. Certification expires at the end of calendar year five.

8VAC20-70-430. Driver data.

The names and driver license numbers of persons operating school and activity buses and other vehicles used to transport pupils shall be submitted to the Department of Motor Vehicles annually as required by § 46.2-340 of the Code of Virginia.

8VAC20-70-435. Filing.

The documents required pursuant to 8VAC20-70-280, 8VAC20-70-350, 8VAC20-70-360, 8VAC20-70-400, and 8VAC20-70-420 shall be filed with, and made a part of, the records of the school board employing such person as a school bus operator.

8VAC20-70-450. Minimum standards specifications.

Minimum standards specifications are applicable to all school buses and school activity vehicles buses, new or used, procured by purchase, lease or operational contract from another person or entity.

Part IV
General Requirements for School Buses in Virginia

8VAC20-70-460. Specifications.

It is the intent of the Board of Education to accommodate new equipment and technology that will better facilitate the safe and efficient transportation of students. When a new technology, piece of equipment, or component is desired to be applied to the a school bus, it must have the approval of the Virginia Department of Education and must meet the following criteria:

1. The technology, equipment, or component shall not compromise the effectiveness or integrity of any major safety system.

2. The technology, equipment, or component shall not diminish the safety of the interior of the bus.

3. The technology, equipment, or component shall not create additional risk to students who are boarding or exiting the bus or are in or near the school bus loading zone.

4. The technology, equipment, or component shall not require undue additional activity or responsibility for the driver.

5. The technology, equipment, or component shall generally increase efficiency or safety, or both, of the bus, generally provide for a safer or more pleasant experience for the occupants and pedestrians in the vicinity of the bus, or shall generally assist the driver and make his many tasks easier to perform.

Buses School buses and school activity vehicles buses must conform to the specifications relative to construction and design effective on the date of procurement. Any variation from the specifications, in the form of additional equipment or changes in style of equipment, without prior approval of the Department of Education, is prohibited. The Department of Education shall issue specifications and standards for public school buses to reflect desired technology or safety improvements for the then current model year.

8VAC20-70-480. Bus identification.

All publicly owned, part publicly owned, or contract school buses, transporting pupils to and from public school, shall be painted a uniform color, national school bus yellow, and shall be identified and equipped as outlined in the standards and specifications.

8VAC20-70-490. Purchase.

The responsibility for purchasing school buses and school activity vehicles buses which meet state and federal requirements rests with division superintendents and local school boards.

A schedule for the replacement of buses on a continuing basis shall be developed and implemented by each school division.

8VAC20-70-510. Vehicles powered by alternative fuels.

A. The Board of Education will continue to promote the use of alternative fuels for school buses. Any vehicle powered by alternative fuels will be subject to inspection and approval by the Virginia Department of Education.

B. Local school divisions, in consultation with the Department of Education, may purchase and use school buses using alternative fuels as covered in § 22.1-177 of the Code of Virginia.

C. Installation of alternative fuel tanks and fuel systems shall comply with all applicable Federal Motor Vehicles Safety Standards (FMVSS) 301, 49 CFR Part 571, and all applicable fire codes.

D. A sign with black letters on clear or school bus yellow background, indicating the type of alternative fuel being used, may be placed on the side of the bus near the entrance door. No sign shall be more than 4-3/4 inches long or more than 3-1/4 inches high.

Part V
School Activity Vehicles Buses

8VAC20-70-525. Regulations and standards.

Activity vehicles A. School activity buses owned or operated under contract by or for the school board, which are used solely to transport pupils to and from school activity events, shall comply with all applicable regulations and standards prescribed for school buses except as noted in this part.

1. B. Exceptions, general regulations.

a. An activity vehicle 1. Pursuant to § 46.2-871 of the Code of Virginia, an activity bus transporting school pupils shall be operated at a safe, legal speed not in excess of 55 miles per hour.

b. 2. No standees shall be permitted.

c. The eight-inch school bus lettered identification and traffic warning devices shall be removed by the local school division as required by §§ 46.2-100 and 46.2-1090 of the Code of Virginia. The name of the school division or individual school shall be placed on both sides of the vehicle.

d. 3. Stops for the purpose of loading or discharging pupils on the travel portion of the highway shall not be permitted.

2. Exceptions, minimum standards for school buses in Virginia.

a. School activity vehicles shall not be painted national school bus yellow.

b. Other types of seats and increased spacing may be used provided all provisions of FMVSS 222, 49 CFR § 571.222, are met.

NOTICE: The forms used in administering the above regulation are not being published; however, the name of each form is listed below. The forms are available for public inspection by contacting the agency contact for this regulation, or at the office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia.

FORMS (8VAC20-70)

School Bus Driver's Application for Physician's Certificate (rev. 4/08).

DOCUMENTS INCORPORATED BY REFERENCE (8VAC20-70)

Preventive Maintenance Manual for Virginia School Buses, March 2003 November 2008, Virginia Department of Education.

VA.R. Doc. No. R08-1020; Filed July 28, 2009, 1:28 p.m.