Meeting of the Board of Regents | April 2003

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:	The Honorable the Members of the Board of Regents
FROM:	James A. Kadamus
COMMITTEE:	Elementary, Middle, Secondary and Continuing Education
TITLE OF ITEM:	Proposed Amendment to Regulations of the Commissioner of Education Relating to School Bus Drivers, Monitors and Attendants
DATE OF SUBMISSION:	March 31, 2003
PROPOSED HANDLING:	Discussion
RATIONALE FOR ITEM:	Compliance with Laws of 2002
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

SUMMARY:

Attached is a proposed amendment to section 156.3 of the Regulations of the Commissioner of Education submitted for discussion. Supporting materials are available upon request from the Secretary to the Board of Regents. The proposed amendment will be submitted for approval in June.

The purpose of the proposed amendment to section 156.3 is to comply with Chapters 472, 529 and 600 of the Laws of 2002 with respect to the qualifications of school bus drivers, monitors and attendants, and to establish school bus safety training and instruction requirements for attendants serving pupils with a disabling condition. Specifically, the proposed amendment requires all school bus monitors and attendants to receive pre-service and refresher training and newly hired attendants to complete a course of specialized training within the first year of employment and obtain certification in cardiopulmonary resuscitation. The proposed amendment also provides mandate relief and cost savings to school districts by permitting nurse practitioners to administer the medical exam required for school bus drivers and by permitting the physical performance test to be administered to groups of school bus drivers once every 24 months rather than 30 days before or after an individual�s road test. School districts may also conduct the first bus drill within the first seven days of school rather than the first week of school and are given more time in which to conduct the two annual refresher sessions for school bus drivers. A Notice of Proposed Rule Making was published in the State Register on March 26, 2003.

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 207 and 3624, Vehicle and Traffic Law sections 509-g and 1229-d and Chapters 472, 529 and 600 of the Laws of 2002

Section 156.3 of the Regulations of the Commissioner of Education is amended, effective July 10, 2003, as follows:

�156.3 Safety regulations for school bus drivers, monitors, attendants and pupils.

[Education Law, �3624]

(a) Definitions. For purposes of this section:

[Approval for employment of school bus drivers. Approval for employment of a school bus driver shall be in writing on a form prescribed by the Commissioner of Education.] (1) A school bus driver shall mean any person who drives a school bus which is owned, leased or contracted for by a public school district or a board of cooperative educational services for the purpose of transporting pupils. However, for the purposes of this section, the following shall not be considered to be school bus drivers:

[(1)](i) a driver of a passenger or suburban type vehicle if such driver is a school district employee who is not ordinarily required to transport pupils and is operating such vehicle for the purpose of transporting one or more pupils to a hospital or other medical facility, a physician's office, or home for medical treatment or because of illness;

[(2)](ii) a driver of a suburban intercity coach or transit type bus, transporting pupils on trips other than between home and school, such as field trips, athletic trips, and other special transportation services; and

[(3)](iii) a parent who transports exclusively his or her own children.

(2) A school bus shall mean every vehicle owned or contracted for by a public school or board of cooperative educational services and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities.

(3) A school bus monitor shall mean any person employed for the purpose of assisting children to safely embark and disembark from a school bus which is owned, leased or contracted for by a public school district or board of cooperative educational services, and for the purpose of assisting the school bus driver with maintaining proper student behavior on such school bus.

(4) A school bus attendant shall mean any person who is employed for the purpose of serving pupils with a disabling condition on a school bus which is owned, leased or contracted for by a public school district or board of cooperative educational services.

(b) School bus driver and instructor qualifications.

(1) Approval for employment. Approval for employment of a school bus driver shall be in writing on a form prescribed by the Commissioner of Education.

(2) Age. All drivers of school transportation conveyances shall be at least 21 years of age.

[(c)] (3) Physical fitness. [(1)] (i) . . .

[(2)] (ii) Each regular or substitute driver of a school bus owned, leased or contracted for by a school district or a board of cooperative educational services shall be examined by a physician or nurse practitioner to the extent authorized by law and consistent with the written practice agreement pursuant to Education Law section 6902(3), in accordance with the provisions of this subdivision. The physical examination shall be reported immediately on forms prescribed by the commissioner to the chief school officer of the district. The physical examination shall include, as a minimum, those requirements specified on the prescribed physical examination report. The examining physician or nurse practitioner shall require the school bus driver to undergo any diagnostic tests that are necessary to determine whether the driver has the physical and mental ability to operate safely a school transportation conveyance. Each school bus driver shall receive an annual physical examination, and each driver who is to be initially employed shall be examined within four weeks prior to the beginning of service. In no case shall the interval between physical examinations exceed a [12-month](13-month) period.

[(3)] (iii) Each regular or substitute driver of a school bus owned, leased or contracted for by a school district shall pass a physical performance test approved by the commissioner, upon recommendation of an advisory group of certified school bus driver instructors, at least once every two years. [The testing date shall coincide with the driver's requirement to take the biennial behind-the-wheel road test required by section 509-g (Article 19-A) of the Vehicle and Traffic Law.] Additionally, the test shall be administered to any driver following an absence from service of 60 or more consecutive days from his or her scheduled work duties. In no case shall the interval between physical performance tests exceed 24 months.

[(i)] (a)Except as provided in clause (d) of this subparagraph, the [A] physical performance test shall be conducted by a certified school bus driver instructor and shall assess the driver/applicant�s ability to perform the following functions of a school bus driver: repeatedly open and close a manually operated bus entrance door, climb and descend bus steps, operate hand controls simultaneously and quickly, have quick reaction time from throttle to brake, carry or drag individuals in a bus emergency evacuation, repeatedly depress clutch and/or brake pedals, and exit quickly oneself and students from an emergency door.

[(ii)] (b) . . .

[(iii)] (c) . . .

(d) School districts, boards of cooperative educational services or transportation contractors may apply to the commissioner for a temporary waiver to permit Department of Motor Vehicles (DMV) Certified 19A Examiners, employed by that carrier, to administer the physical performance test to school bus drivers employed by that carrier. Such waiver may be granted where it is established that there are insufficient certified school bus driver instructors on staff to administer the test in a timely manner. Upon the issuance of such waiver, a certified school bus driver instructor's physical presence shall not be required during the administration of the test, provided that such testing is conducted under the general supervision of a certified school bus driver instructor who is employed by such board of education, board of cooperative educational services or transportation contractor. Such certified school bus driver instructor shall instruct the DMV Certified 19A Examiner in the proper administration of the physical performance test and shall review and approve the test results of all physical performance tests administered by the examiner.

[(d)] (4) Required licenses and certification. [(1)] Each driver of a motor vehicle conveying school children shall have the appropriate operator's or commercial driver's license to operate such motor vehicle.

[(2)] (5) Pre-Service, safety training, and refresher training for school bus drivers.

(i) Pre-Service. Each school bus driver initially employed by a board of education or transportation contractor subsequent to July 1, 1973, shall have received at least two hours of instruction on school bus safety practices. Each driver of a vehicle transporting pupils with [handicapping conditions] disabilities exclusively who is initially employed subsequent to January 1, 1976, shall have received an additional hour of instruction concerning the special needs of a pupil with a [handicapping condition] disability.

(ii) During the first year of employment, each driver shall complete a [course of instruction] Basic Course of Instruction in school bus safety practices approved by the commissioner, which shall include two hours of instruction concerning the special needs of a pupil with a [handicapping condition] disability.

(iii) All school bus drivers shall receive a minimum of two hours of refresher instruction in school bus safety at least two times a year, at sessions conducted [prior to] between July 1st and the first day of school and [prior to February first]between December 1st and March 1st of each school year. Refresher courses for drivers of vehicles transporting pupils with [handicapping conditions] disabilities exclusively shall also include instruction relating to the special needs of a pupil with a handicapping condition.

(iv) Occasional drivers for other than regular routes shall not be required to receive the training specified in this paragraph. For the purposes of this paragraph, occasional driver shall mean a certified teacher employed by a school district or a board of cooperative educational services, who is not primarily employed on either a full-time or part-time basis as a school bus driver or substitute school bus driver.

[(3)] (v) Except as otherwise provided in [subparagraphs (i) and (ii)] clauses (a) and (b) of this [paragraph] subparagraph, all training required in this subdivision shall be provided by, or under the direct supervision of a school bus driver instructor [approved] certified by the commissioner. To qualify for certification as [an approved] a school bus driver instructor (SBDI), individuals shall successfully complete a school bus driver instructor training and evaluation [program] course taught by a certified master instructor. The course shall be approved by the commissioner upon the recommendation of the commissioner's School Bus Driver Instructor Advisory Committee, an advisory group consisting of at least seven certified school bus driver instructors appointed annually for such purpose by the commissioner. Each person who applies for admission to this course shall be currently employed by a public school district, board of cooperative educational services, or private contractor who is currently providing pupil transportation services for a public school district or board of cooperative educational services. [Such program shall be approved annually by the commissioner upon the recommendation of an advisory group consisting of at least seven approved school bus driver instructors appointed annually for such purpose by the commissioner. Programs] The SBDI course shall include but shall not be limited to the following content areas: planning and making presentations including lesson plans and objectives, school bus accident statistics and interpretation, effective communications, and evaluation. [Each person who applies for admission to this program shall be currently employed by a public school district, BOCES, or private contractor who is currently providing pupil transportation services for a public school district or BOCES.] Each such person shall possess a high school diploma or equivalent diploma and shall have completed [a course in instruction] the Basic Course of Instruction in school bus safety practices [approved by the commissioner]. In addition, each such person shall have completed the Advanced New York State School Bus Driver Training [Program] Course or a Department of Motor Vehicles approved Point/Insurance Reduction Program. To maintain [approval] certification, school bus driver instructors shall be required to attend the annual [refresher training seminars prescribed by the department] Professional Development Seminar (PDS) approved by the Commissioner upon the recommendation of the SBDI Advisory Committee, and taught by a certified master instructor. The PDS shall provide refresher training for all SBDIs in presentation skills, lesson planning, school bus safety techniques, requirements and statistics. The PDS shall provide SBDIs with training materials for the upcoming school year safety training campaign, including information which shall be conveyed to all school bus drivers in the next two driver refreshers.

[(i)] (a) [An approved] A certified school bus driver instructor's physical presence shall not be required during training conducted upon initial employment of a school bus driver by a board of education, board of cooperative educational services or transportation contractor, provided that such training is conducted under the general supervision of such an approved instructor.

[(ii)] (b)�

(vi) Master instructors shall be certified by the commissioner to conduct training programs for individuals to become certified school bus driver instructors, and work in the development of safety training curricula including the development and delivery of the annual Professional Development Seminar. To qualify as a master instructor an individual must have been a certified school bus driver instructor for at least five years, have demonstrated the ability to teach others the concepts of the school bus safety training program, and meet such other requirements as may be prescribed by the commissioner including, but not limited to: possession of a New York State teaching certificate or employment experience in a pupil transportation position in NYS, and satisfactory completion of a mentor/training program or project.

[(e)] (6) Character requirement . . .

(c) School bus monitor and attendant qualifications.

(1) Approval for employment. Approval for employment as a school bus monitor or attendant shall be in writing on a form prescribed by the Commissioner of Education.

(3) Physical fitness. (i) Each school bus monitor and attendant shall have the physical and mental ability to satisfactorily perform his or her duties.

(ii) Each monitor or attendant may be examined on order of the chief school administrator by a duly licensed physician within two weeks prior to the beginning of such monitor's or attendant's service in each school year. The report of the physician in writing, shall be considered by the chief school administrator in determining the fitness of the monitor or attendant to carry out his or her functions. The examining physician shall require the monitor or attendant to undergo any diagnostic tests that are necessary to determine the physical and mental ability of the monitor or attendant to perform his or her duties.

(iii) Each school bus monitor or attendant of a school bus owned, leased or contracted for by a school district or board of cooperative educational services shall pass a physical performance test approved by the commissioner. Individuals employed by a school district, board of cooperative educational services or contractor as a monitor or attendant on July 1, 2003 shall have until July 1, 2004 to take and pass a physical performance test. Individuals hired as a monitor or attendant after July 1, 2003, must take and pass a physical performance test before they may assume their duties.

(a) Except as provided in clause (b) of this subparagraph, the physical performance test shall be administered by a certified school bus driver instructor and shall assess the school bus monitor or attendant�s ability to perform his or her duties including, but not limited to, the following functions: climb and descend the bus steps, carry or drag students in a bus emergency evacuation, and exit quickly oneself from an emergency door.

(b) School districts, boards of cooperative educational services, or transportation contractors may apply to the commissioner for a temporary waiver to permit Department of Motor Vehicles (DMV) Certified 19A Examiners, employed by that carrier, to administer the physical performance test to monitors and attendants employed by that carrier. Such waiver may be granted where it is established that there are insufficient certified school bus driver instructors on staff to administer the test in a timely manner. Upon the issuance of such waiver, a certified school bus driver instructor's physical presence shall not be required during the administration of the test, provided that such testing is conducted under the general supervision of a certified school bus driver instructor who is employed by such board of education, board of cooperative educational services or transportation contractor. Such SBDI shall instruct the DMV Certified 19A Examiner in the proper administration of the physical performance test and shall review and approve the test results of all physical performance tests administered by the examiner.

(c) A school bus monitor or attendant who fails any portion of the physical performance test shall be deemed unqualified to perform the duties of that position. The monitor or attendant may request a re-examination, the cost of such re-examination shall be borne by the employer if the
monitor/attendant passes the re-examination, or by the monitor/attendant if he or she fails the re-examination.

(4) Required certifications. Each attendant employed by a school district, board of cooperative educational services or contractor on July 1, 2003 shall have until July 1, 2004 to obtain training and certification in cardiopulmonary resuscitation. Individuals hired after July 1, 2003 must obtain training and certification prior to assuming their duties as a school bus attendant. Thereafter, current certification in cardiopulmonary resuscitation must be maintained. School districts, boards of cooperative educational services or contractors may require monitors or attendants to maintain certification in first aid.

(5) Pre-Service, safety training, and refresher training. Each school bus monitor or attendant employed by a board of education, board of cooperative educational services or pupil transportation contractor on July 1, 2003 shall comply with the training requirements of this paragraph no later than July 1, 2004. Individuals hired after July 1, 2003 shall comply with such requirements before assuming their duties on a school bus.

(i) All school bus monitors or attendants shall receive 3 hours of pre-service instruction as prescribed by the commissioner upon recommendation of the Commissioner�s School Bus Driver Instructor Advisory Committee, which shall include, but is not limited to, instruction relating to special needs transportation, school bus safety practices, child management techniques, and the proper techniques for assisting children and special needs children to safely embark and disembark a school bus.

(ii) A certified school bus driver instructor's physical presence shall not be required during training conducted upon initial employment of a school bus monitor or attendant by a board of education or transportation contractor, provided that such training is conducted under the general supervision of such certified instructor.

(iii) Specialized training. Each school bus monitor or attendant hired after July 1, 2003 shall complete within their first year of employment a Basic Course of Instruction for Monitors and Attendants. Multiple curricula may be approved for use by the commissioner. Such courses shall provide not less than 10 hours of instruction on a range of topics prescribed by the commissioner upon recommendation of the Commissioner�s School Bus Driver Instructor Advisory Committee.

(iv) All school bus monitors and attendants shall receive 2 two-hour refresher training sessions annually at sessions conducted between July 1st and the first day of school and between December 1st and March 1st of each school year.

[(f)](d) Rules affecting pupils. (1) Drivers, monitors and attendants shall not allow pupils to enter or leave the bus while it is in motion.

(2) Drivers, monitors and attendants are held responsible for reasonable behavior [or] of pupils in transit.

(3) Drivers, monitors and attendants shall not allow pupils to thrust their heads or arms out of open windows.

(4) The driver of a school bus, when discharging pupils who must cross the highway, shall instruct such pupils cross the highway at a distance of 10 feet in front of the [bus] vehicle so as to be in the vision of the driver. The driver shall also keep such school bus halted with red signal lights flashing until such pupils have reached the opposite side of the highway.

(5) [Gas] Fuel tanks shall not be filled while pupils are in the bus.

[(g)] (e) Driving rules. (1) . . .

(2) . . .

(3) . . .

(4) Drivers, monitors and attendants shall not leave school bus when children are inside except in case of emergency, and in such case before leaving the bus the driver shall stop the motor, remove the ignition key, and set the [auxiliary] parking brake[ and leave the transmission in gear.]. Monitors or attendants may leave the school bus for the purposes of assisting children to embark or disembark the vehicle and to safely cross the street. Drivers, monitors and attendants shall check the vehicle to insure that no child is left behind on board unattended at the conclusion of the school bus route.

(5) Drivers, monitors and attendants shall not smoke at anytime while within a school bus. Drivers, monitors and attendants shall not [smoke,] eat or drink any liquid, or perform any act or conduct themselves in any manner which may impair the safe operation of a school bus while such vehicle is transporting pupils.

(6) Drivers shall not exceed a maximum speed limit of 55 miles per hour on any road within or outside of New York State while their school bus is being used for the transportation of pupils.

[(h)] (f) Drills on school buses. (1) . . .

(2) A minimum of three such drills shall be held on each school bus during the school year, the first to be conducted during the first [week of the fall term] seven days of school, the second between November 1st and December 31st and the third between March 1st and April 30th.

(3) . . .

(4) . . .

[(i)](g) Instruction on use of seat belts. In each school district in which pupils are transported on school buses equipped with seat safety belts, such district shall insure that all pupils who are transported on any school bus owned, leased or contracted for by the district or board of cooperative educational services shall receive instruction on the use of seat safety belts. Such instruction shall be provided at least three times each year to both public and nonpublic school pupils who are so transported and shall include, but not be limited to:

(1) . . .

(2) . . .

(3) . . .

(4) . . .