Fla. Admin. Code R. 6A-3.0141

Current through Reg. 50, No. 222; November 13, 2024
Section 6A-3.0141 - Employment of School Bus Operators
(1) School bus operators are defined as any persons employed or contracted to the school district to transport prekindergarten through grade 12 students in school buses as defined in Section 1006.25, F.S.
(2) At the time of initial employment the school board shall assure that the operator of a school bus meets the following requirements:
(a) Has five (5) years of licensed driving experience.
(b) Has submitted to the superintendent a written application for employment in a form prescribed by the school board.
(c) Has filed a set of fingerprints for the purpose of the required background check for determining criminal record.
(3) Prior to transporting students on a school bus each operator shall meet the following requirements:
(a) Hold a valid commercial driver license with a passenger endorsement and a school bus endorsement.
(b) Successfully complete forty (40) hours of preservice training, which must include certified cardiopulmonary resuscitation (CPR) and first aid training, and must consist of at least twenty (20) hours of classroom instruction and eight (8) hours of behind-the-wheel training. The classroom instruction and behind-the-wheel training shall be based upon the Department's Basic School Bus Operator Curriculum, Revised 2021, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13735) which is hereby incorporated by reference and made a part of this rule. This document may be obtained from the School Transportation Management Section, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399, at a cost not to exceed actual production and distribution costs.
(c) Demonstrate the ability to prepare required written reports.
(d) Be physically capable of operating the vehicle as determined by physical examination, in accordance with 49 CFR 391.41, as evidenced by the Medical Examiner's Certificate (Form MCSA-5876) and given by a certified medical examiner, registered with the National Registry of Certified Medical Examiners, pursuant to 49 CFR 391.43 and as determined by a dexterity test administered by the school district. Form MCSA-5876 (effective March 2016) is incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-06476) and may be obtained from the School Transportation Management Section, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399. The school district shall report dexterity results on Form ESE 480, Dexterity Test for School Bus Driver (http://www.flrules.org/Gateway/reference.asp?No=Ref-06477) (effective March 2016), which is incorporated in this rule by reference. Compliance with 49 CFR 391 is required under Section 1012.45, F.S. Form ESE 480 may be obtained from the School Transportation Management Section, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.
(e) Demonstrate physical and mental capabilities required to carry out all assigned responsibilities as a school bus operator.
(4) Each district school board shall obtain a driver's history record from the Department of Highway Safety and Motor Vehicles for each regular school bus operator, substitute operator, or any other individual certified to drive a school bus by the district. The schedule for reviewing these records shall be:
(a) Prior to initial employment;
(b) Prior to the first day of the fall semester;
(c) Thereafter, the district shall continuously screen operator records using the automated weekly updates, ensuring proper retrieval documentation for every week.
(5) Driver history records shall be requested in a manner prescribed by the Department of Highway Safety and Motor Vehicles using the agency's Motor Vehicle Operator Tracking and Reporting System (MOTRS). All school districts shall obtain and review records for school bus operators using MOTRS. For any operator licensed in another state, the district shall obtain and review the driver's history record from the appropriate state.
(6) Each school district shall establish a school board policy that specifies which infractions of the traffic code deem an applicant unqualified for employment and which causes any employee to be subject to a prescribed follow-up action. At a minimum, this policy shall state that any district school bus operator or contracted operator who should have known that his or her license has expired or has been suspended or revoked shall be subject to prescribed disciplinary measures up to and including dismissal by the school board.
(7) At least annually, the school district shall assure that the operator of a school bus meets the following requirements:
(a) The requirements of paragraph (3)(a) of this rule.
(b) Successfully complete a minimum of eight (8) hours of inservice training related to the operator's responsibilities for transporting students, which may include training hours from the required certified CPR and first aid training, pursuant to subparagraph 6A-3.0121(2)(b) 3., F.A.C.
(c) Successfully pass a dexterity test administered by the school district and maintain a valid Medical Examiners Certificate.
(8) At the time of reemployment, the school board shall assure that each school bus operator meets all of the requirements of subsection (2) and paragraphs (3)(a) and (d) of this rule. If not more than a twelve continuous calendar month break in service has occurred, an operator shall be required to complete eight (8) hours of inservice training related to their responsibilities for transporting students prior to driving a school bus with students. If a period exceeding twelve (12) calendar months has occurred, the operator shall be required to successfully complete all of the requirements of subsections (2) through (6) of this rule.
(9) All school bus operators shall be subject to the Federal requirements of 49 C.F.R., Parts 382 and 391 related to the substance abuse testing and alcohol detection program.
(10) Notwithstanding the requirements of paragraph (3)(d) of this rule, a school district may accept a Medical Examiner's Certificate that specifies a medical variance, waiver or exemption for a condition existing prior to March 23, 2016, if the school bus operator:
(a) Was employed by a school district on or before March 23, 2016;
(b) Was deemed physically capable of operating the vehicle under a prior version of this rule; and,
(c) Has demonstrated to the satisfaction of the school district that he or she is physically capable of operating the vehicle.

Fla. Admin. Code Ann. R. 6A-3.0141

Rulemaking Authority 316.615(3), 1001.02(1), 1006.22, 1012.45 FS. Law Implemented 316.615, 1006.22, 1012.32(2)(a), 1012.45 FS.

New 8-1-86, Amended 7-5-89, 11-15-94, 4-18-96, 6-24-03, 11-26-06, 4-25-07, Amended by Florida Register Volume 42, Number 046, March 8, 2016 effective 3/23/2016, Amended by Florida Register Volume 42, Number 222, November 15, 2016 effective 11/29/2016, Amended by Florida Register Volume 45, Number 152, August 6, 2019 effective 8/20/2019, Amended by Florida Register Volume 47, Number 218, November 9, 2021 effective 11/23/2021.

New 8-1-86, Amended 7-5-89, 11-15-94, 4-18-96, 6-24-03, 11-26-06, 4-25-07, 3-23-16, 11-29-16, 8-20-19, 11-23-21.