REGULATIONS
Vol. 35 Iss. 9 - December 24, 2018

TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Chapter 70
Final Regulation

REGISTRAR'S NOTICE: The State Board of Education is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The State Board of Education will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 8VAC20-70. Regulations Governing Pupil Transportation (amending 8VAC20-70-350).

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

Effective Date: January 23, 2019.

Agency Contact: Kerry Miller, Associate Director of Pupil Transportation, Department of Education, 101 North 14th Street, 24th floor, Richmond, VA 23238, telephone (804) 225-2772, or email kerry.miller@doe.virginia.gov.

Summary:

Pursuant to Chapters 203, 389, and 586 of the 2018 Acts of Assembly, the amendments (i) require minimum hours of classroom and behind-the-wheel training for school bus drivers and (ii) establish a training program required for school board employees who assist in the transportation of students with autism spectrum disorders on school buses.

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 For persons not currently possessing a commercial driver's license, the individual shall complete a minimum of 24 classroom hours of classroom training and 24 six hours of behind-the-wheel training on a school bus that contains no pupil passengers. 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 For persons currently possessing a commercial driver's license, the individual shall complete a minimum of four hours classroom training and three hours of behind-the-wheel training on a school bus that contains no pupil passengers. Behind-the-wheel training shall be administered under the direct on-board supervision of a designated bus driver trainer. All drivers shall receive training in the operation of 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 qualifies as classroom instruction if it does not involve actual operation of a school bus and its components by the trainee. Behind-the-wheel training does not include time spent riding in a school bus or observing the operation of a school bus when the trainee 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" "New Director/Supervisor" class conducted by the Department of Education within a year after being employed in this position.

4. Each local school board employee who assists in the transportation of students with autism spectrum disorders on school buses, including individuals employed to operate school buses and school bus aides, shall participate in a training program on autism spectrum disorders established by the Board of Education. Such training shall include the characteristics of autism spectrum disorders, strategies for interacting with students with autism spectrum disorders, and collaboration with other employees who assist in the transportation of students on school buses.

VA.R. Doc. No. R19-5690; Filed November 26, 2018, 4:26 p.m.