28-3228

28-3228. School bus drivers; requirements;
rules; cancellation

A. A person shall not operate a school bus transporting school children unless the
person possesses the appropriate license class for the size of school bus being operated
that is issued by the department of transportation, a bus endorsement that is issued by
the department of transportation and a school bus certificate that is issued by the
department of public safety.

B. To be certified as a school bus driver a person shall do both of the following:

1. Meet and maintain the minimum standards prescribed by this section and rules
adopted by the department of administration in consultation with the department of public
safety and with the school bus advisory council established by section 28-3053.

2. Complete an initial instructional course on school bus driver safety and
training including behind the wheel training.

C. The department of administration in consultation with the department of public
safety and with the school bus advisory council established by section 28-3053 shall
adopt rules that establish minimum standards for the certification of school bus
drivers. In cooperation with local school districts, the department of public safety
shall provide for school bus driver safety and training courses. The standards
established shall:

1. Include requirements concerning moral character, knowledge of school bus
operation, pupil and motor vehicle safety, physical impairments that might affect the
applicant's ability to safely operate a school bus or that might endanger the health or
safety of school bus passengers, knowledge of first aid, establishment of school bus
safety and training courses, a refresher course to be completed on at least a biennial
basis and other matters as the department of administration in consultation with the
department of public safety and the school bus advisory council established by section
28-3053 prescribes for the protection of the public.

2. Require tests to detect the presence of alcohol or the use of a drug in
violation of title 13, chapter 34 that may adversely affect the ability of the applicant
to safely operate a school bus.

3. Authorize the performance of hearing tests with or without the use of a hearing
aid as provided in 49 Code of Federal Regulations section 391.41.

D. Each applicant for a school bus driver certificate shall submit a full set of
fingerprints to the department of public safety for the purpose of obtaining a state and
federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The
department of public safety may exchange this fingerprint data with the federal bureau of
investigation. For the purposes of this subsection, each applicant shall pay a fee to
the department of public safety to reimburse the department of public safety for the cost
of obtaining the criminal records check required by this subsection. The fee shall not
exceed the actual cost of obtaining the criminal records check.

E. The department of public safety shall issue a school bus driver certificate to
an applicant who meets the requirements of this section. The certificate is valid if the
applicant maintains the minimum standards established by this section.

F. The department of public safety may cancel the certificate if the person's
license to drive is suspended, canceled, revoked or disqualified. The department of
public safety shall cancel the certificate if the person fails to maintain the minimum
standards established pursuant to this section. A person whose application for a
certificate is refused or whose certificate is canceled for failure to meet or maintain
the minimum standards may request and receive a hearing from the department of public
safety.

G. The department of public safety shall enforce the rules adopted pursuant to this
section.