W. Va. Code R. § 126-92-20

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-92-20 - Responsibilities of Certified Operators for Renewal of Certification

20.1. The operator shall notify the county director and medical examiner of any medication taken or the use of any controlled and/or over-the-counter substance that may interfere with the safe operation of a bus. (See Appendix A, Prescription and Over-the-Counter Medication Policy Template.) A list of examples of drugs that may interfere with the safe operation of a bus may be obtained from the county director or the WVDE Office of School Facilities and Transportation. The operator shall promptly notify the county director of any driving under the influence (DUI)/driving while intoxicated (DWI) charge and any moving vehicle violations received while driving any vehicle.

20.2. The county superintendent has the right to require a physical and/or psychological examination from a designated health care provider when he/she has any reasonable questions regarding the ability of an operator or the sufficiency of an annual physical examination.

20.3. The county superintendent has the right to require a physical performance examination, as referenced in section 17.2.j, be administered when he/she has any reasonable questions regarding the ability of a operator to perform his/her required duties. The physical performance exam may also be required when an operator is returning to work after an accident, injury, or extended illness in which the ability to perform his/her required duties may be in question. A WVDE-certified operator examiner or a WVDE inspector may administer the examination.

20.3.a. A county superintendent or other employer of operators licensed by the WVDE who knows of any acts on the part of a operator for which a certificate may be revoked in accordance with W. Va. Code § 18A-4-8e or section 21 shall report the same, together with all facts and evidence, to the State Superintendent.

20.4. All operators, including substitutes, shall receive at least 18 hours of professional development in transportation-related subjects annually completed between July 1^st of the current school term and June 30^th of the following school term, in addition to staff development required by any other category of employment as part of the staff development program for job-related training for service personnel as set forth in 126 CSR 150A, Policy 5500.02, County Service Personnel Staff Development and Councils.

20.5. All operators shall pass an online examination developed by the WVDE pursuant to W. Va. Code § 18A-4-8e and administered by the county board or public institution online.

20.5.a. For substitute operators and for operators with regular employee status but on a probationary contract, the certification test shall be administered annually.

20.5.b. For operators with regular employee status and continuing contract status, the certification test shall be administered triennially.

20.5.c. For substitute operators who are retired from a county board and who at the time of retirement had ten years of experience as a regular full-time operator, the certification test shall be administered triennially.

20.5.d. The operator who fails the online examination may retake it.

20.6. The county board or public institution currently employing the operator shall annually submit a request for renewal of certification for the following school term to the State Director no earlier than April 1^st, showing:

20.6.a. passage of the annual physical examination.

20.6.b. passage of the online examination, if applicable.

20.6.c. completion of 18 hours of transportation-related professional development completed between July 1^st of the current school term and June 30^th of the following school term.

20.6.d. results of an annual report of the operator's DMV record.

20.6.e. current first-aid and CPR certification.

20.6.f. current CDL and appropriate endorsements.

20.6.g. certification cards for the following term will not be issued prior to July 1^st.

20.7. Any operator whose certification has not been renewed for two consecutive certification terms shall be considered a new applicant and shall complete all certification requirements of a new applicant.

20.8. Any operator who operates a bus fewer than five times in any given school year shall complete a minimum of six hours behind-the-wheel refresher training with a WVDE-certified operator trainer prior to the employing county board or institution requesting re-certification for any successive school year.

W. Va. Code R. § 126-92-20