This regulation is in accordance with 14 Del.C. Ch. 29 to regulate transportation to elementary and secondary (high) schools in Delaware, including, but not limited to, nonpublic, nonprofit elementary and secondary (high) schools.
"504 Plan" means a plan developed pursuant to requirements Section 504 of the Rehabilitation Act of 1973 to ensure that pupils with disabilities may receive accommodations and modifications as well as supplementary aids and services to ensure that their individual educational needs are met as defined in 14 DE Admin. Code 922.
"Administrative Head of School" means the chief or head individual in charge of the school.
"Aide" means a person assigned to assist one or more individual pupil(s) with special needs on a school bus; also known as "attendant"
"Certified Delaware School Bus Driver (CDSBD) Trainer" means a person certified by DOE who is qualified to instruct the minimum six (6) hour behind-the-wheel school bus training program.
"Certified Delaware School Bus Driver (CDSBD) Training" means a course of instruction as specified herein in which a school bus driver or applicant under the supervision of a CDSBD Trainer: 1) observes the CDSBD Trainer driving with pupils on board for a minimum of two hours, 2) drives a school bus without pupils for a minimum of two hours, and 3) drives a school bus with pupils for a minimum of two hours (after obtaining a Commercial Driver’s License with a school bus “S” endorsement).
"Charter School Heads of School" means the Administrative Head of School or equivalent.
"Commercial Drivers License or CDL" means a license issued by the Division of Motor Vehicles in accordance with the requirements of 21 Del.C. Chapter 26, which authorizes an individual to drive a certain class of commercial motor vehicle.
"Contractor" means an individual or entity that enters into a contract with a District to provide school transportation services.
"DelDOT" means the Delaware Department of Transportation.
"District" means a local school district or charter school.
"DMV" means the Department of Motor Vehicles.
"DOE" means the Department of Education.
"Guardian” or “Legal Guardian" means an individual who legally has responsibility for the care and management of the student during the student's minority. The relationship is a legal one and shall be created by a court order signed by a judge, commissioner, or master of a court of competent jurisdiction.
"Individualized Education Program" or "IEP" means a written statement or plan developed by an assessment team for a child with a disability as defined in 14 DE Admin. Code 922.
“Local School District” means reorganized school district as defined in Chapter 10 of Title 14 of the Delaware Code and vocational technical schools as established in Chapter 2 of Title 14 of the Delaware Administrative Code.
"Principal" or "Headmaster" means the Administrative Head of School and includes but is not limited to Head of School, Administrator, Executive Director, or Charter Head.
"Pupil" means any child who attends a school; also known as student.
"Relative Caregiver" shall have the same meaning as used in 14 Del.C. §202.
"School" means public or nonpublic primary or secondary educational program, excluding homeschool.
"School bus driver classroom training" means the minimum 12-hour classroom training provided by DOE.
"School Plant" means all buildings and facilities located in the area of a school that are used by students or used to directly support the school.
"State Board” or “SBE" means the State Board of Education of the State pursuant to 14 Del.C. §104.
"State Bureau of Identification" or "SBI" means the State Police office which processes background investigations.
"Superintendent" means the administrative head of the school district.
"Transportation Supervisor" means the person within the school district or charter school who is designated by the school district Superintendent or charter school head of school to oversee school transportation operations.
3.1 Local School District Superintendents' and Charter School Heads of School or their designated school Transportation Supervisors' responsibilities concerning the transportation of pupils shall include but are not limited to the following:
3.1.7 Assume primary responsibility for pupil conduct and ensure that requirements for pupil behavior on the school bus and disciplinary consequences for failure to comply with those requirements are included in District disciplinary policies.
3.1.13 Ensure that all drivers and aides within their District have successfully completed the required criminal background checks and met all the qualifications requirements contained within this regulation.
3.1.15 Ensure that prior to each departure, each pupil transported on an activity or field trip in a school bus be instructed in safe riding practices and on the location and operation of emergency exits.
4.1.3 Dismiss a school bus driver or aide from performing duties on a contracted school bus route when it can be shown that the driver or aide is not satisfactorily performing driver or aide tasks. Transportation Supervisors may restrict a driver or aide from operating in their school system.
4.1.6 Ensure that all employees have completed the necessary State Bureau of Investigation fingerprinting and qualify under the laws and regulations for their respective positions as either a driver or an aide.
5.1.1 Pursuant to 21 Del.C. §2708, the Department of Education shall develop and provide a Driver Training Course for applicants to gain the necessary knowledge and skills for a school bus driver. Nothing contained herein shall prevent DOE from contracting outside services to provide the required training.
126.96.36.199.4.1 Loading and unloading children, including the safe operation of stop signal devices, external mirror systems, flashing lights and other warning and passenger safety devices required for school buses by State or Federal law or regulation;
5.2.1 Pursuant to 21 Del.C. §2708, the Department of Education shall develop and provide a Certified Delaware School Bus Driver Trainer Instructor (CDSBD) Course for applicants to gain the necessary knowledge and skills and establish competence to be a CDSBD Trainer to instruct the CDSBD Training. The course areas covered shall include, at a minimum, techniques for instruction and those topics covered in the driver training course.
6.1 The Department of Education shall have the authority pursuant to this regulation to oversee the CDSBD Trainer program, certify the CDSBD Trainers, and determine additional requirements, if needed.
6.3.1 CDSBD trainers shall have a current and valid CDL with "S" endorsement. CDSBD trainers shall have held such license for the past 3 years and shall have actively driven a school bus during this period.
6.4.6 CDSBD trainers shall work with the driver applicants to ensure that the training evaluation forms are completed properly by the trainer and applicant prior to submittal to the Transportation Supervisor.
6.5.2 At the time of submittal of applications for recertification, the CDSBD Trainer shall not have had a chargeable school bus accident in the past year and have no more than three (3) points on their driving record.
6.5.3 A Certified Delaware School Bus Driver Trainer (CDSBD Trainer), who was not able to recertify for the current year, may apply and be reinstated upon DOE approval and attending the annual recertification class for the upcoming year effective July 1 of that year.
6.8.2 The Department shall give written notice to the applicant of the denial or revocation and the reasons therefore. The notice of denial or revocation shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary or designee within twenty (20) calendar days.
6.8.3 Hearings shall be conducted in accordance with the DOE's Hearing Procedures and Rules. The burden of proof shall be upon the applicant in a denial hearing and upon the DOE in a revocation proceeding using the preponderance of evidence standard.
7.1 School bus drivers shall meet the qualification requirements of all applicable laws including 49 CFR Part 383.123, Title 21 of the Delaware Code, Division of Motor Vehicles Regulations including 2 DE Admin. Code 2222, and this regulation.
7.2.1 An applicant shall satisfactorily complete the school bus driver classroom training. The school bus driver classroom training shall remain valid toward initial qualification for a period of one year. Additional requirements shall include:
188.8.131.52 CDSBD Training. Effective July 8, 2015, a school bus driver with a Commercial Learner's Permit (CLP) is prohibited from operating a school bus with passengers other than as permitted by 49 CFR Part 383.25.
7.3 Out-of-state licensed school bus drivers shall meet the same requirements for qualification for an "S" endorsement as a driver with a Delaware license listed in 21 Del.C. §2708(b)(7) regarding criminal convictions and complete and provide to the Transportation Supervisor:
7.3.7 CDSBD Training. Effective July 8, 2015, a school bus driver with a Commercial Learner's Permit (CLP) is prohibited from operating a school bus with passengers other than as permitted by 49 CFR Part 383.25; and
184.108.40.206 The Transportation Supervisor shall review the driver's records and a CDSBD Trainer shall evaluate the driver for two hours without pupils on board (using the CDSBD Training checklist) to determine what, if any, additional training is needed. The Transportation Supervisor shall note completion of the training required in the driver's records;
7.5 School bus drivers shall complete an annual District-provided in-service training program of at least four (4) hours during each fiscal year (July 1 to June 30). This requirement shall be effective when the General Assembly appropriates funding for this purpose.
7.6.1 A statement that the school bus driver is in full charge of the bus and pupils, has the authority of a classroom teacher and is responsible for the health, safety, and welfare of each passenger.
220.127.116.11 Conduct thorough pre-trip and post-trip checks on the vehicle to ensure that the vehicle and safety equipment is operational, that no child is left on board the bus and that the vehicle is clean and secure.
7.8.2 For application of an S-endorsement or public school related employment or as part of the contract for services, the applicant driver shall sign a Release for Criminal Background Check Information form approved by DelDOT and DOE. The release shall allow DelDOT to share the information received with the DMV.
7.8.4 The driver shall request that SBI send an original version of the criminal background check to DelDOT, and shall obtain a receipt indicating the criminal background check is in process to return to the District where seeking employment or contracted services.
7.8.5 The DelDOT authorized person shall review the criminal background reports received and shall forward criminal background check issuance recommendation to DMV for determination of eligibility for a "S" endorsement pursuant to 21 Del.C. §2708.
7.8.6 On completion of the procedure, the driver will be sent a clearance letter or denial of clearance letter by DMV, and the driver shall provide a copy of the letter to the District where the driver is seeking employment or contracted services.
8.1 Qualifications for School Bus Aides include the following and shall apply to all new applicants and for any person whose employment as an aide has lapsed for a period of over one year. All requirements shall be met before serving as an aide on a school bus.
18.104.22.168 The aide shall sign a Release for Criminal background Check Information form approved by SBI and request that SBI send the original version of the criminal background check to the District where employment or contracted services is being sought for eligibility determination. Upon completion, the aide will obtain a receipt from SBI to return to the District where employment or contracted services is being sought.
8.1.3 File with the District Transportation Supervisors a notarized affidavit (the same as the school bus driver affidavit) attesting to acceptable criminal history pending an official state and federal criminal record report.
8.1.5 Complete an annual DOE physical for aides. New aides shall complete the physical satisfactorily before beginning their duties. Districts shall issue a DOE physical card to aides establishing valid completion of the DOE physical and aides shall carry it with them while on duty. This requirement shall be effective when the General Assembly appropriates funding for this purpose.
8.2 School bus aides shall complete an annual District-provided in-service training program of at least 4 hours during each fiscal year (July 1 to June 30). This requirement shall be effective when the General Assembly appropriates funding for this purpose.
8.3.2 Ensure that pupils and equipment are properly secured to ensure safe transport. Adjust, fasten, and release restraint devices for pupils and equipment, as required. Continually, monitor overall safety of pupils and equipment.
9.1 Districts shall have a policy concerning the behavior of pupils on school buses that shall, at a minimum, contain the following rules which if not followed may result in the suspension or denial of bus riding privileges:
9.1.1 Obey the driver promptly, and be courteous to the driver and to fellow pupils. Pupils are to conduct themselves while on the bus in such a way that they shall not distract the driver from driving tasks.
9.1.10 Follow highway safety practices in accordance with the Motor Vehicle Laws of the State of Delaware by walking on the side of the road facing traffic when going to or from the bus or bus stop along the highway.
9.1.12 Do not cross the road until it is clear of all traffic or when all traffic has come to a complete stop and then walk in front of the bus beyond the crossing control arm and far enough to be seen by the driver at all times.
9.1.13 For unloading, walk at least 10 feet away from the side of the bus and remain in view of the driver. For those crossing the road, walk to a position at least 10 feet in front of the right corner of the bumper and away from the bus. After looking in all directions and being told to begin crossing by the driver or aide, walk to the left edge of the school bus, look for traffic again in all directions, and wait to be told to cross by the driver/aide.
9.1.20 Other forms of misconduct that shall not be tolerated on the bus and at bus stops are acts such as, but not limited to, bullying, indecent exposure, obscene gestures, spitting, and other actions that may be addressed in the District or school code of conduct.
10.2 No person other than a pupil, teacher, school official, aide, driver in training or substitute driver shall be permitted to ride on a school bus while transporting pupils. Exceptions may be made for parents, guardians and Relative Caregivers involved in Department of Education educational programs that provide for transportation and others approved by the Transportation Supervisor.
10.3 The driver shall maintain a schedule in the bus and shall at all times adhere to it. Drivers shall not be required to wait for pupils unless they can be seen making an effort to reach the bus stop.
10.4 The driver shall maintain discipline on the bus, and shall report cases of disobedience or misconduct to the designated school officials. No pupils may be discharged from the bus for disciplinary reasons except at the home or school. The principal or designated school official shall be notified of such action immediately. Any change to the action taken by the driver or any further disciplinary action to be taken is the responsibility of the principal or designated school official.
10.5 Pupils shall have definite places to board and exit the bus. Pupils should not be allowed to leave the bus at any place other than the regular stop without written permission from their parents, guardians or Relative Caregiver and approval by the principal or designated school official. Each District or school may adopt a more restrictive policy.
10.6 Buses shall be brought to a full stop and properly positioned before pupils are allowed to board and exit the bus. Pupils are not permitted to ride outside or in any hazardous location in the bus including the area ahead of the barriers or white floor line designating the driver area.
10.7 Buses shall not stop near the crest of hills, on curves, or on upgrades or downgrades of severe inclination. When stopped for the purpose of receiving or discharging pupils, the bus shall always be stopped on the right side of the road and as far off the paved or main traveled portion of the highway as the condition of the shoulder permits and parallel to the main traveled portion of the highway.
10.8 Pupils who must cross the road to board the bus or after leaving the bus shall cross at a distance in front of the bus and beyond the crossing control arms so as to be clearly seen by the driver and only upon an audible clearance by the driver. The driver shall signal pupils to cross by instructions through the external speaker of the public address system.
10.9 All loading and unloading of pupils shall be made from the service door. The rear exit door is not to be used except in cases of emergency or emergency drills. No object shall be placed in the bus that restricts the passage to the emergency door or other exits.
10.13 When the bus is stopped on school grounds, pupils are aboard, and the motor is running, the transmission shall be in neutral (clutch disengaged) and the parking brake set. While on school grounds, drivers shall not leave their seat while the motor is running or leave the key in the ignition switch.
10.18 Band instruments, shop projects and other school projects shall not be permitted on the bus if they interfere with the driver or other passengers. The aisle, exits, and driver’s vision shall not be blocked.
10.19 Bus stops on roadways with three or more lanes (with oncoming traffic) must be made on the right side of the road. Pupils shall not be required to cross more than two lanes of traffic when entering or leaving the bus.
10.22.1 A school bus shall not be driven backwards on school grounds unless an adult is posted outside the bus to guard the rear of the bus. The driver and adult shall agree on signals to be used for backing.
10.22.2 When backing is unavoidable at other locations, extreme caution shall be exercised by the bus driver and an outside adult observer outside the bus shall be used if available. The driver and observer shall agree on signals to be used for backing.
11.2.6 Follow up information, such as the actual cost of repairs, should be added to the accident report wherever it is filed; i.e., in federal, state or local offices, so that the record of the accident is completed. Other pertinent information relating to the accident that should be added later, if the information is readily available, includes:
12.1 Transportation benefits shall be provided for pupils in grades K to 6 whose legal residences are one (1) mile or more from the public schools to which they would normally be assigned by the District administrations and for pupils in grades 7 to 12 whose legal residences are two (2) miles or more from the public schools to which they would normally be assigned by the District administrations. Requests for otherwise ineligible transportation benefits due to unique hazards shall be processed according to this regulation.
12.2 For the purpose of these regulations, the “legal residence” of the pupil is deemed to be the legal residence of the parent(s), legal guardian(s), or Relative Caregiver as described in 14 Del.C. §202(e)(3). Daycare facilities may be designated as a pupil’s residence for pickup and drop off.
12.3 To determine pupil eligibility for transportation benefits, measurement shall be by the most direct route provided by a public road or public walkway. The measurement shall be from the nearest point where a private road or walkway connects the legal residence of the pupil with the nearest public entrance of the school building to which the pupil is normally assigned by the District administration.
12.5 Additional bus routes required after the opening of school shall be approved by the Department of Education and supported by evidence of need to include: enrollment number changes, descriptions of existing routes in the area of proposed additional service, the run times, and actual loads. A description of the proposed route shall also accompany the request.
12.6.1 Such pickup and discharge points as approved by the District administration are in excess of the relevant one and two mile limits from the school to be attended, and such transportation to be provided will be to the public school to which the pupil is assigned by the District administration.
12.6.2 Such transportation to be provided be on the same bus and route to and from the school attended by the pupil (i.e. each pupil is entitled to one seat on one bus) except that permission may be granted on a year by year basis by the District administration for eligible pupils to ride other buses if seats are available and does not create additional expense to the State.
12.9 . Unless permitted as an exception by the General Assembly and in vocational technical school, each school in a Local School District shall have a defined attendance area (not overlapping) for transportation. Charter schools shall provide the same level of transportation service as the school District in which it is located. Area bus stops may be used outside of the school District in which the charter school is located.
13.1 Individuals who desire to submit a request for exception to the transportation benefit criteria above because of a unique traffic hazard shall follow the procedures below. Unique hazards are considered to be conditions or situations that expose the pedestrian to rare or uncommon traffic dangers. This definition is not intended to include hazards representative of situations which may exist throughout the State.
13.2.1 When the request for relief originates with parents, guardians or Relative Caregivers of pupils affected or vested officials, such as State and local police representatives, Safety Council representatives, and legislators, it shall be presented in writing to the local school authorities.
22.214.171.124 If the problem cannot be resolved by the District administration, the request shall be forwarded to the District board of education board of directors for appropriate action. If the district board of education board of directors has explored all of the local alternatives to resolve the problem without success, a request by board action shall be made to the Chairman of the Unique Hazards Committee (Education Associate for School Transportation).
13.4 The Unique Hazards Committee shall process the request and report its findings and recommendations to the Department of Education for consideration and action. A copy of the report shall also be forwarded to the District board of education board of directors involved.
13.5 The Unique Hazards Committee consists of representatives from the Department of Transportation; the New Castle County Crossing Guard Division; Delaware Safety Council; Traffic Control Section, the Delaware State Police; and the Department of Education Associate for Pupil Transportation (Chairperson).
13.6.2 The District board of education/board of directors shall, before making an appeal, make every effort to resolve the problem. If, in the opinion of the District board of education/board of directors, reconsideration is needed by the Unique Hazards Committee, the appeal, along with pertinent information, should be forwarded to the Chairperson of the Unique Hazards Committee.
13.6.3 The Unique Hazards Committee shall submit to the State Board of Education its recommendations regarding the appeal for reconsideration by the District board of education board of directors. A copy of the report will also be forwarded to the District board of education board of directors involved.
14.1 Bus capacities for children in Grades K to 6 shall be established on the basis of 13 inches per child, and for Grades 7 to 12, the capacity shall be established on the basis of 15 inches per child.
Each school shall have a loading and unloading area, rather than load or discharge passengers onto the street. On school grounds all other traffic is prohibited in the loading and unloading area during school bus loading and unloading operations.
16.1 Each District shall have contingency plans for inclement weather, accidents, bomb threats, hostages, civil emergencies, natural disasters, and facility failures (environmental and water, etc.). These plans shall be developed in cooperation with all those whose services would be required in the event of various types of emergencies.
16.2 The Transportation Supervisor, school administrators, teachers, drivers, maintenance and service personnel, pupils, and others shall be instructed in the procedure to be followed in the event of the contingencies provided for in the plans.
17.1 For purposes of reimbursements under this section, school buses may be either state owned and Local School District operated, charter school owned and operated, or Contractor owned and operated under contract with the Local School District.
17.2 Reimbursement to the Local School Districts for contracts or for Local School District owned or leased buses shall be made on the basis of a Department of Education formula approved by the State Board of Education. This formula shall take into consideration school bus cost and depreciation, fixed charges, operations, maintenance, driver and aide wages. Reimbursement shall be made only for transportation of eligible pupils and exceptions approved by the Department of Education and the State Board of Education.
17.2.1 Drivers employed by the Local School District shall be paid on the regular payroll of the Local School District. When drivers are employed in a dual capacity there shall be strict accounting for salary division.
17.3.1 Contractors shall be paid regularly at the end of the month. The total contract shall be paid in ten (10) installments, with the first payment at the end of September or twenty (20) installments with the first payment on or about September 15th. For those Districts opening before September 1 and making ten (10) installments, payments may be made as early as thirty (30) days following the start of the school year with follow up monthly payments to be made no earlier than the date used for the first payment. For those Districts opening before September 1st and making twenty (20) payments, payments may be made as early as fifteen (15) days following the start of the school year with follow up monthly payments to be made no earlier than the dates used for the first two payments.
17.4 Any transportation costs caused by grade reorganizations or pupil reassignments during the school term after October 1, other than the occupancy of a new school building, shall be at the expense of the Local School District unless approved by the Department of Education.
17.6 Contract allowances for buses when there are Emergency Days (forgiven by the Department of Education with the consent of the State Board of Education), Specially Declared Holidays or Strikes by Teachers.
17.6.1 School bus Contractors and Local School Districts shall be paid the normal rate of pay as provided for in their contract, less the allowance for fuel, maintenance and administration. Driver (including layover allowance) and aide allowances shall be paid.
17.6.2 School bus Contractors and Local School Districts with buses assigned to midday kindergarten shall be paid the normal rate of pay as provided for in their contract, less the allowance for fuel.
17.7 The Delmar School District shall be reimbursed on the basis of the additional days necessary to operate as a result of the agreement with the Wicomico County Board of Education for the Delmar, Maryland elementary schools.
17.8 Fuel adjustments for Local School Districts shall be made in accordance with the State Budget Bill. When fuel adjustment additions are made, the Local School Districts shall pay a lump sum for the number of days driven up to the date of the adjustment and the remainder shall be paid equally over the remaining months of the school year. For contract reductions, the adjustments shall be spread equally over the remaining months of the school year. Fuel adjustments for charter schools shall be made if provisions which are in accordance with the State Budget Bill are made. Additional funds shall only be provided up to the maximum allowance permitted to the charter school for that school year.
18.1 A Local School District shall not use transportation funds for items which are not on the following list without approval by the DOE. Any purchase, commitment, or obligation exceeding the transportation allocation to the Local School District is the responsibility of the Local School District. The following items may be used for the purpose of providing pupil transportation in accordance with the regulations of the Department of Education.
18.1.6 Safety materials including audio visual aids, restraining vests, belts, safety awards, pins, patches, certificates, wheelchair ramps, wheelchair retainers, printing, handout materials, pamphlets, training materials, subscriptions, and bus seats.
18.1.7 Salary and wages including attendants (aide) as approved by the Department of Education when required in a pupil’s IEP or 504 Plan, dispatchers, drivers, maintenance helpers, mechanics, mechanics helpers, office workers, secretarial, substitute drivers, supervisory (other than State supported supervisor or manager), and State provided employee benefits.
18.1.8 Shop facilities including heat, electric, water, sewer, security, fences, lights, locks, guards, bus storage, janitorial supplies, brushes, mops, buckets, soap, tools, maintenance vehicles, grease, service vehicles, and work uniforms for maintenance staff.
18.1.9 Sidewalks including construction of sidewalks, footbridges, etc. that would be offset in reduced busing costs in 5 years or less, with prior approval of Supervisors of Transportation and School Plant Planning.
18.3.6 Alternative school transportation when using a direct to and from school route that is less efficient than a shuttle concept. A shuttle concept means transporting students to one school and then to the alternative school.
19.1 Requests for transportation allowances shall be made in writing to the Department of Education by Local School Districts with justification. This information is necessary in order for the Department to determine a pupil’s eligibility. The responsibility for establishing a claim for transportation allowances rests upon the Local School District and claimant.
19.2 All requests shall be signed by the parent, guardian or Relative Caregiver and certified by the Superintendent, principal or the principal teacher of the school to be attended. In case of a car pool, only the driver shall be paid.
19.3.2 When public service is not available and it is necessary to provide transportation by private conveyance, the allowance shall be calculated at the prevailing state rate per mile for the distance from the home to the school or school bus and return twice a day, or for the actual distance traveled.
21.1 The time begins for a new bus when it is placed in service. A bus shall have the required mileage prior to the start of the school year. Once a bus is placed in service for the school year, it will not be replaced unless it is unable to continue service due to mechanical failure. Requests for early replacement due to mechanical failure shall be accompanied by a mechanic's analysis of the problem(s), and repair and maintenance histories for the last three years.
21.2.1 14th year shall be replaced (also for charter schools and it may then be used as a spare); or
21.3 Contractors shall be reimbursed for their eligible school buses for the annual allowances permitted by the Formula. New (unused) buses placed in service in a year following their manufacture shall begin their 7 years of capital allowances with the rate specified for the year of manufacture and continue in year increments until completed.
21.4 School buses purchased with state allocated transportation funds may be used by the Local School Districts for purposes other than transportation of pupils to and from school. This type of use shall be at the Local School District’s expense and shall occur only during a time when the bus is not making its normal school run.
21.5 In accordance with the Attorney General’s opinion of June 18, 1974, regarding the use of buses purchased from State allocated transportation funds for purposes other than the regular transportation of pupils to and from school, the provisions of Title 14, Section 1056, School Property, Use, Control and Management, shall apply.
School buses shall be inspected by the Division of Motor Vehicles bi-annually. The first inspection period is from July 1 through August 31 (black sticker), and the second inspection period is from the beginning of a District's Christmas vacation period through February 28/29 (gold sticker).
23.1 Private placement with financial aid may be sought when an Individual Education Program (IEP) team finds that an eligible child with a disability cannot benefit from the regularly offered free appropriate public educational programs which include regular classes, special classes or special schools. The determination shall be made by the IEP team and by the Department of Education that no District or other state agency has a suitable free and appropriate program of education for the particular child with a disability. Such private placement shall be in a school or institution approved by the Department of Education in keeping with its oversight responsibilities.
23.2 Financial aid shall include tuition for special education and related services as defined in the Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1400, et seq.] to include daily transportation for a private day program and room and board for a residential program.
23.3 Transportation for a residential program will include, at a minimum, transportation to and from the facility at the start and end of each school term and when the school is officially closed to students. Reimbursement for other trips home or for the parents' travel costs to accompany the child or to attend conferences at the facility shall be determined on a case-by-case basis.
23.4 Local School District Transportation Aides: With the approval of the Department of Education, a state funded school bus aide may be provided on school buses serving special schools or programs for children with disabilities and when required in a student's Individualized Education Program.
Costs for transportation shall be paid by the state from funds appropriated for pupil transportation if transportation is provided by extending already existing routes. Shuttle services that extend existing routes will be allowed. Additional routes established to transport pupils to and from the Alternative Programs or other special transportation designs shall not be paid by the state from the school transportation appropriation and shall be included in the Alternative Program budget and be paid from the state allocation for alternative programs and the Local School District’s 30% share. Planning committees for these programs shall include the Transportation Supervisors who will be providing services. In addition, those supervisors shall coordinate planning with and submit their transportation plans to the Education Associate for Pupil Transportation at the Department of Education.
25.1.1 Pursuant to 14 Del.C. §2910, this regulation shall apply to the contracting for a program of drug and alcohol testing services necessary to enable Districts and any person or entity that contracts with a District to provide transportation for State public school pupils, to comply with such drug and alcohol testing requirements applicable to Delaware public school bus drivers as are now, or may hereafter be, imposed by federal law.
25.1.2 School bus aides shall be subject to the same federal and state drug and alcohol testing requirements as school bus drivers. They shall use non DOT forms, and the employer shall follow the same procedures set forth herein.
“Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol.
“Department” means the Delaware Department of Education.
“Drug” means the controlled substances for which tests are required under the provisions of 49 U.S.C. §31306, 49 CFR Part 382 and 49 CFR Part 40, and include marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates.
“Employer” means school bus Contractors or Districts when they directly employ school bus drivers.
“Negative Result” means a verified negative drug test result or an alcohol test result lower than the Federal standard as defined by the provisions of 49 U.S.C. §31306, 49 CFR Part 382 and 49 CFR Part 40.
“Positive Result” means a verified positive, adulterated, or substituted drug test result, an alcohol test result equal to or greater than the Federal standard or a refusal to take a drug or alcohol test as defined by the provisions of 49 U.S.C. §31306, 49 CFR Part 382 and 49 CFR Part 40.
Employers shall comply with the drug and alcohol testing regulations issued by the Secretary of Transportation of the United States pursuant to 49 U.S.C. §31306 and located at 49 CFR Part 382 and 49 CFR Part 40.
126.96.36.199.1 Documentation of drug and alcohol testing results shall flow directly from the Consortium or Third Party Administrator Medical Review Officer (C/ TPA/MRO), as defined by the provisions of 49 CFR Part 382 and 49 CFR Part 40, to the employer. Copies of positive results shall be sent to the Transportation Supervisor and the Department for accounting and audit purposes.
25.4.3 Any school bus driver or aide who is not in compliance with federal and state drug and alcohol testing requirements shall not perform driver or aide duties until they have satisfied the federal and state requirements.
188.8.131.52 Any school bus driver or aide who has a positive drug or alcohol test result shall comply with DOT regulations regarding a Substance Abuse Professional (SAP) evaluation, treatment and return to duty testing before another preemployment test is allowed.
184.108.40.206 An employer who hires a school bus driver or aide who has previously failed a drug or alcohol test shall ensure that all follow up drug and alcohol testing recommended by the SAP evaluation is implemented.
25.5.1 School bus drivers with no CDL and aides with no prior experience shall have a negative preemployment drug test, and the employer shall receive a negative result before the prospective employee can operate a school bus or serve as an aide.
25.5.3 Employers shall provide Federal Drug Testing Custody and Control (CCF) forms to new school bus drivers and non DOT forms to school bus aides who shall take the forms to the appropriate collection facility where the driver or aide shall be administered a drug test. Forms shall note the employer and District.
25.5.5 Positive results shall be forwarded from the C/TPA/MRO to the employer. Copies of positive results shall be sent to the Transportation Supervisor and the Department for accounting and audit purposes.
25.6.1 Employers shall provide the C/TPA/MRO a quarterly list of eligible drivers and aides to be drug and alcohol tested no later than one week before the testing quarter. The list shall note the primary District of the drivers and aides. Copies of the lists shall be provided to the Transportation Supervisor.
25.6.3 Employers shall provide CCF and alcohol testing forms to the drivers and aides who shall take the forms and go immediately to the appropriate collection facility where the driver or aide shall be administered a drug test or a drug and alcohol test. Forms shall note the employer and the District.
25.6.6 Positive results shall be forwarded from the C/TPA/MRO to the employer. Copies of the positive results forms shall be sent to the Transportation Supervisor and the Department for accounting and audit purposes.
25.7.1 Employers shall provide CCF and alcohol testing forms to the school bus drivers and aides who shall take the forms and go immediately to the appropriate collection facility where the driver or aide shall be administered a drug and alcohol test. Forms shall note the employer and District.
25.7.3 Positive results shall be forwarded from the C/TPA/MRO to the employer. Copies of the positive result form shall be sent to the Transportation Supervisor and the Department for accounting and audit purposes.
26.1 The nonpublic, nonprofit schools shall be responsible for the administration and supervision of the family transportation allowance provided by the State Department of Education. The program is contingent upon General Assembly funding.
26.2 The nonpublic, nonprofit, school shall act as the administrator and fiscal agent. If the nonpublic, nonprofit school chooses to use an agent to receive payment other than the nonpublic, nonprofit school, written authorization from the governing board of the nonpublic, nonprofit school, such as the board of trustees or the school board, specifying such agent shall be forwarded to the Education Associate for Pupil Transportation in the Department of Education. The use of an agent to accept payment shall not relieve the nonpublic, nonprofit school from its responsibility to administer and supervise the transportation program, to maintain records, or to submit such reports as may be required.
26.4 Transportation allowances shall be made only for those eligible pupils (Delaware residents attending Delaware schools) who meet residence to school proximity guidance of one (1) mile or more for grades K to 6 and two (2) miles or more for grades 7 to 12 and who make application to the nonpublic, nonprofit school for such transportation allowances. These applications for transportation allowances shall be signed by the parent, guardian, or Relative Caregiver and certified by a school administrator. Families of a pupil who would not otherwise be eligible for the allowance may receive the allowance if a physician certifies that the pupil is unable to walk or should not walk from home to school and return. The responsibility for establishing a claim for transportation allowances rests upon the claimant, and all records of this request shall be kept on file in the nonpublic, nonprofit school office. Such records shall be made available for audit by a representative of the Department of Education or the State Auditors.
26.5 The State shall provide the transportation funds to the nonpublic, nonprofit school or designated agent for eligible families. The family shall direct the nonpublic, nonprofit school or designated agent how the funds are to be dispersed e.g., some or all of the funds to the parent, guardian or Relative Caregiver for tuition, for school provided transportation costs, for an allowance, etc. The nonpublic, nonprofit school shall ensure that its tuition, transportation fees, and other costs of attendance are independent of the allowances.
26.6 Payment shall be made only on the basis of one trip to and one trip from nonpublic, nonprofit school daily. Families who transport more than one child to the same school by private conveyance shall be reimbursed on the basis of the number of trips rather than on the number of children transported. No family shall qualify for more than one reimbursement for pupils it transports to a single school except for families with two or more children, one of whom is enrolled in a half day kindergarten program. In the event of car pools, each family is entitled to reimbursement, but a family shall not receive more than the annual allowance.
26.7 The nonpublic, nonprofit school shall submit a transportation form, provided by the Department of Education, indicating eligible reimbursements, no later than October 1st of each year. All information shall be based on September 30th enrollment and eligibility. After the submission of the final transportation form no further adjustments for eligibility shall be made for the remainder of the school year.
26.8 In September each year, the nonpublic, nonprofit schools shall receive an initial allocation based upon approximately 1/10 of the previous year's allowances. If the school did not participate the previous year, it should notify the DOE School Transportation Office by September 1 to establish an initial disbursement amount. Using the information on all of the DOE transportation forms, the Department shall calculate the statewide allowance for the current year and send remaining funds to the schools at the end of October. The school shall return funds not distributed to parents, guardians or Relative Caregivers to the State of Delaware.