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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2015

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14 DE Admin. Code 1105
A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend 14 DE Admin. Code 1105 School Transportation. This regulation is being amended to align with changes in Title 14 of the Delaware Code, including, but not limited to the maximum age of a school bus for use on a regular route, criminal background checks, and the process for training school bus drivers. Additionally, it will establish a mandatory in-service training program for school bus drivers and aides, it will require an annual physical for school bus aides and will direct districts to make disbursements on a prorated basis when they fund a portion of the transportation costs.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before May 5, 2015 to Tina Shockley, Education Associate, Department of Education, Regulatory Review, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation may be viewed or obtained at the Department of Education, Finance Office located at the address listed above.
"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 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.
"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.
2.1.7 Assume prime primary responsibility for pupil conduct and ensure that requirements for pupil behavior and discipline on the school bus and disciplinary consequences for failure to comply with those requirements are included in district disciplinary policies.
2.1.8 Promote well trained and informed drivers and aides by sharing information regarding law, regulation or operational changes. and establishing an annual refresher/training program. Such a program may be limited to written updates and notices. When applicable and available, dDistricts shall ensure that each school bus driver and aide who performs their duties at any time during a school year in their district completes an annual in-service training program as provided by the district and maintain documentation of completion at their districts in individual training records.
3.1.2 Communicate effectively with the district tTransportation sSupervisor.
3.1.3 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. District tTransportation sSupervisors may restrict a driver or aide from operating in their school system.
4.1.1 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.
4.2.1 Pursuant to 21 Del.C. §2708, the Department of Education shall develop and provide a Certified Delaware School Bus Driver Trainer Instructor 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.
5.3.2 CDSBD trainers shall not have more that than three (3) points in the past three years on their driving record at the time of application.
5.3.4.1.1 Contractor employee - recommended by the contractor and district Transportation Supervisor that has the candidate's records.
5.3.4.1.2 Owner/Operator - recommended by district Transportation Supervisor having the candidate's driving records.
5.3.5 CDSBD trainers Sshall satisfactorily complete a course of instruction provided by the Department of Education.
5.4.7 CDSBD trainers shall certify to the district Transportation Supervisor that the applicant has met the requirements that have been established to comply with the CDSBD Training.
5.4.8 CDSBD trainers shall agree to assist district Transportation Supervisor in reevaluation of drivers.
5.4.9 CDSBD trainers shall inform district Transportation Supervisor of any observed changes in traffic patterns of routing locations that may pose a safety hazard.
5.5.2 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.
5.7.1.1 if the CDSBD Trainer fails to meet any requirements of this regulation or the DMV regulations regarding "S" endorsements or school transportation;
5.8.1 If the application is denied or the CDSBD Trainer certificate is revoked, the individual shall have the right of appeal to the Secretary but in such appeal shall be required to submit necessary evidence to show cause why approval should be granted.
5.8.2 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.
6.1 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.
6.2.6 CDSBD Training. 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.
6.3 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 district tTransportation sSupervisor:
6.3.7 CDSBD Training. 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
6.4.3.8 Successfully retake of required written tests for CDL and "S" endorsement with DMV;
6.4.3.9 Successfully retake of Skills test with DMV; and
6.4.3.10 Successfully retake of Road test with DMV
6.5 When applicable and available, school bus drivers may be required to complete annual district-provided in-service training programs. School bus drivers shall complete an annual district/school-provided in-service training program of at least four (4) hours during each fiscal year (July 1 to June 30) beginning in fiscal year 2016. Those not completing an initial or annual in-service training program shall not be permitted to perform their duties in the following school year until completing a four (4) hour in-service training program. Based on funding available from the General Assembly, a stipend may be paid to each driver.
6.8.1 The drivers shall present themselves to the State Bureau of Identification SBI personnel at one of the Delaware State Police Troops that processes such criminal background checks or State Bureau of Investigation and follow these procedures:
6.8.2 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 the DelDOT and DOE. The release shall allow the DOE DelDOT to share the information received with the DMV.
6.8.3 The driver shall cooperate in all respects with this criminal background check process. On completion of the procedure, the driver will be given a Verification Form of Processing by the State Bureau of Identification, which shall be shown to the District where the driver is seeking employment or contracted services.
6.8.4 The driver shall request the State Bureau of Identification that SBI send an original version of the criminal background check to the DOE DelDOT, and shall obtain a receipt to return indicating the criminal background check is in process to return to the district where seeking employment or contracted services.
6.8.5 DOE The DelDOT authorized person shall review the criminal background reports received and perform a preliminary review to determine the reports that have no state or federal criminal history record. DOE shall forward all other reports to DMV criminal background check issuance recommendation to DMV for determination of eligibility for a "S" endorsement pursuant to Title 21 (2708) 21 Del.C. §2708.
7.1.2.1 The aides shall present themselves to the State Bureau of Investigation (SBI) personnel at one of the Delaware State Police Troops that possesses processes such criminal background checks or State Bureau of Investigation.
7.1.2.2 The aide shall request the original completed background check be sent to the DOE and upon completion, obtain a receipt to return to the district where seeking employment or contracted services. 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 be sent 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.
7.1.56 Complete the school bus driver classroom training and other district required training programs satisfactorily.
7.2 When applicable and available, school bus aides may be required to complete annual district-provided in-service training programs. 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) beginning in fiscal year 2016. Those not completing an initial or annual in-service training program shall not be permitted to perform their duties in the following school year until completing a 4-hour in-service training program. Based on funding available from the General Assembly, a stipend may be paid to each aide.
7.3.13 Perform other duties as assigned by the district tTransportation sSupervisor or designee.
8.1.5 Enter the bus when verbally directed to by the bus driver or aide without crowding or disturbing others and occupy their seats immediately.
9.21 On the bus route every effort should be made to load children before turn arounds are a turnaround is made and unload them after the turn around turnaround is made.
12.3.5 List of any actions to resolve the problem taken by the district school administration or charter school administration.
12.3.6 List of any actions to resolve the problem taken by the local district board of education or charter school board of directors.
12.3.7 List of any actions to resolve the problem taken by the town, the city or county.
12.4 The Unique Hazards Committee shall process the request and report its findings and recommendations to the Department of Education for their consideration and action. A copy of the report shall also be forwarded to the district board of education or charter school board of directors involved.
12.6.2 The district or charter school board shall, before making an appeal, make every effort to resolve the problem. If, in the opinion of the district or charter board of education, 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.
16.3.1 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 school 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 school 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.
20.2.1 14th year shall be replaced (it may then be used as a spare); or
School buses shall be inspected by the Division of Motor Vehicles bi-annually. The first inspection period is during January or February from July 1 through August 31 (black sticker), and the second inspection period is during June, July, or August from the beginning of a District's Christmas vacation period through February 28/29 (gold sticker).
22.114 School 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.
24.1.1 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 local school districts, charter schools, and any person or entity that contracts with a local school district or charter school 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.
“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.
“DOT” means the United States Department of Transportation.
“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 school districts and charter schools 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.
25.3 Those nonpublic, nonprofit schools with families requesting transportation allowances shall have a Federal ID number provide proof of nonprofit status to DOE.
25.7 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.
Last Updated: December 31 1969 19:00:00.
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