BUS DRIVER CERTIFICATION REQUIREMENTS

Denise Williams, MASBO Executive Director

MT Conference of Education Leadership

October 17, 2014 - Billings

AGENDA

• Pupil Transportation Overview

– Legal references

– Financial administration

• State and County Reimbursement

– Payment Schedule

– Individual Transportation

– Bus Routes

• Bus Driver Certification Requirements

Pupil Transportation Overview

Legal References:

• Montana Code Annotated: Title 20, Ch. 10, Part 1 (http://leg.mt.gov/bills/mca_toc/20_10_1.htm)

• Administrative Rules of Montana – Title 10, Chapter 7, Subchapter 1 (Office of Public

Instruction) http://www.mtrules.org/gateway/ChapterHome.asp?Chapter=10%2E7

– Title 10, Chapter 64, Subchapter 2 (Board of Public Education) http://www.mtrules.org/gateway/ChapterHome.asp?Chapter=10%2E64

Pupil Transportation Overview

20-10-121,MCA Duties of trustees to provide transportation, types of transportation, bus riding time limitation. . . . (3) The type of transportation provided by a district may be: (a) by a school bus; or (b) by individual transportation: (i) paying the parent or guardian for individually transporting the pupil; (ii) paying board and room reimbursements; (iii) providing supervised correspondence study; or (iv) providing supervised home study.

Pupil Transportation Overview

Financial Administration

• Fund 10 Transportation – Budgeted Fund

– Trustees adopt an expenditure budget each fiscal year

• Allowed Expenditures

• Funding Sources – State and County Reimbursements

– Non-levy Revenue

– Local Property Taxes

State and County Reimbursement

• Paid after each semester for – Individual Transportation Contracts – Approved Bus Routes

• 1st semester payment in March • 2nd semester payment in June

New in 2014: In August, OPI pays an estimate for 1st semester based on an average of the prior year payments, then adjusts current year semester payments according to actual claims.

Click on this link and see pages 12-18 for examples: http://www.opi.mt.gov/PDF/SchoolFinance/Training/SummerWorkshops_2014_Handout1.pdf

State and County Reimbursement

• Reimbursement for Individual Transportation Contracts (20-10-142, MCA)

– Paying the parent or guardian to transport

– Room and board reimbursements

– Providing supervised correspondence study

– Providing supervised home study

State and County Reimbursement

• Reimbursement for Bus Routes (20-10-141, MCA)

– Vehicle must be a school bus as defined in statute,

– driven by a qualified driver,

– on a route approved by the county transportation committee and OPI

State and County Reimbursement

The Bus (20-10-101(4)(a) and 20-10-102, MCA) • must comply with standards established by the

Board of Public Education (BPE) in ARM Title 10, Chapter 64, Parts 3 – 6 (http://www.mtrules.org/gateway/ChapterHome.asp?Chapter=10%2E64)

• must pass inspection each semester • must be operated for transportation of students

to and from home and school • may be operated by the school district or a

private contractor

State and County Reimbursement

The Bus Route (20-10-101(1), 20-10-126, 20-10-131 and 20-10-132 MCA)

• Approved by board of trustees

• Approved by county transportation committee – County superintendent

– Presiding officer of county commissioners

– Representatives from school districts in the county

• Based on transportation service areas

• Includes bus route mileage

State and County Reimbursement

Mileage Reimbursement Rates (20-10-141(2)(a), MCA) Based on rated capacity of the bus, for each bus route mile traveled:

• 49 or less passenger seating positions $0.95

• 50 – 59 passenger seating positions $1.15

• 60 – 69 passenger seating positions $1.36

• 70 – 79 passenger seating positions $1.57

• 80 or more passenger seating positions $1.80

State and County Reimbursement

The Bus Driver (20-10-103, MCA) must: • not be less than 18 years of age • be of good moral character • hold a commercial drivers license (CDL) • file with the district a satisfactory medical exam report • complete a basic first aid course and holds a valid

certificate from a qualified instructor • comply with any other qualifications established by the

BPE • file with the county superintendent a certificate from

the trustees of the district for which the school bus is to be driven

Bus Driver Certification Requirements

ARM 10.64.201 School Bus Driver Qualifications • Must meet qualifications in 20-10-103, MCA • Must obtain a MT bus driver certificate (TR-35) from

OPI pursuant to ARM 10.7.111 by submitting proof of: – Minimum of 5 years of licensed driving experience – No record of criminal offenses indicating they may be

dangerous to children, as evidenced by a criminal background check

– Satisfactory report of physical exam – Current first aid certificate – Properly endorsed CDL with continuing compliance with all

requirements associated with that license – a safe driving record

Bus Driver Certification Requirements

Criminal Background Checks

A school bus driver must have no record of criminal offenses indicating they may be dangerous to children, as evidenced by a criminal background check

• Provided to and approved by the school district

• Prior to initial employment

• Contact MT Dept. of Justice, Criminal Records, at (406) 444-3625 or email at dojitsdpublicrecords@mt.gov for assistance.

Bus Driver Certification Requirements

Driving Records A school bus driver must have a safe driving record, which may not have evidence of any of the following: • More than one moving traffic violation within any 12-month

period of the preceding 36 months; • Any conviction for driving under the influence of alcohol or

drugs within the preceding 36 months; or • A conviction resulting in mandatory revocation or suspension

of a driver’s license in the previous 5 years. • Use Form 34-100 Release of Driving Records

https://media.dojmt.gov/wp-content/uploads/34-0100-and-34-0100A.pdf – You can fill it in online, print and fax to (406) 444-1631 – Driving records fees (see section 4) are waived for school districts – Questions? Call (406) 444-3933

Bus Driver Certification Requirements

ARM 10.7.111 Bus Driver Certification Requirements for Reimbursement

• School bus drivers must hold a valid Montana school bus driver certificate (TR-35) in order for a district to receive state reimbursement for that driver’s bus routes.

• Qualifications for bus drivers are prescribed in 20-10-103, MCA and by BPE in ARM 10.64.201.

Bus Driver Certification Requirements

Form TR-35 Montana School Bus Driver Certificate • Provided electronically through OPI

• School inputs all necessary documentation into OPI’s Pupil Transportation System

• Chairman of the board of trustees must sign certificate and issues a hard copy of it to the driver – School district retains a copy for each of its drivers

– School district provides a copy to the bus service contractor, if applicable

– School district files a copy with the county superintendent

• Bus driver must carry the hard copy of TR-35 at all times while driving a school bus.

Bus Driver Certification Requirements

Form TR-35 Montana School Bus Driver Certificate remains valid until the earliest expiration date of:

– CDL endorsement

– First aid certificate

• NEW: must include a certification in CPR, signed by a certified instructor, and be received after an initial in-person training of at least 4 hours with annual renewals

– Physical examination

Implementation

• Establish a process, if you don’t already have one, for bus driver hiring procedures and tracking expiration dates of CDL, physical exam and first aid/CPR certification

• Communicate the process to all affected stakeholders – Bus driver

– Bus supervisor

– Bus contractor, if applicable

– District clerk/business manager

– County superintendent

• Periodically review process and update as needed

BUS DRIVER QUALIFICATION & CERTIFICATE REQUIREMENT CHECKLIST

LEGAL REFERENCE NOTES

Not be less than 18 years of age 20-10-103, MCA

Be of good moral character 20-10-103, MCA Evidenced by satisfactory background check?

Hold a properly endorsed commercial drivers license (CDL) with continuing compliance with all requirements associated with that license

20-10-103, MCA ARM 10.64.201

Track expiration date

Satisfactory medical exam report on a form issued by the U.S. Dept. of Transportation

20-10-103, MCA ARM 10.64.201 ARM 10.7.111

Track expiration date

Basic first aid course, including a certification in CPR

20-10-103, MCA ARM 10.64.201 ARM 10.7.111

Track expiration date

Minimum of 5 years licensed driving experience

ARM 10.64.201 ARM 10.7.111

Criminal background check ARM 10.64.201 ARM 10.7.111

Upon initial employment Keep documentation on file

Safe driving record ARM 10.64.201 ARM 10.7.111

Obtain every year? Keep documentation on file

Resources

• Denise Williams – MASBO – dwilliams@masbo.com (406) 442-5599

• Donell Rosenthal – OPI – drosenthal@mt.gov (406) 444-3024

• Department of Justice (DOJ) – Criminal Records Division

• dojitsdpublicrecords@mt.gov (406) 444-3625

– Motor Vehicle Division • (406) 444-3933