Public School Drivers—
Building a Quality Workforce

Federal and State Statutes

Federal and state statutes provide certain requirements and protections for the school district, the driver, all employees, and the students in a public school. Employees should know about both federal and state laws and understand how they apply to drivers.

• Federal Law: Certain public school employees, including school drivers, are covered under the Fair Labor Standards Act, which provides protection against employee abuses including discrimination and overtime abuse. (See Federal Bulletin #778 — Overtime Compensation, which defines how the employer should properly calculate overtime.)
  
• State Law: The State Department of Transportation, Division of Motor Vehicles for each state establishes many of the standards for equipment safety, hazardous material handling, and passenger travel and security for public school drivers.
  
• Types of Credentials: "Credentials" for ESP are constantly changing. Few public schools 25 years ago even had computers! Custodians no longer just clean buildings; their responsibilities include guarding the whole school environment.
  
  The demands of students with special needs have long since redefined the paraeducator's role from designing bulletin boards to being responsible for tube feedings. For public school drivers to "just drive the bus" is a completely inadequate perception. Among many other things, public school drivers are the first line of defense against substance abuse by students! Members must monitor the rules for licensing, certification, registration, and training in order to remain current in their job qualifications, and to address professional development needs for ESP.

Some Definitions

Licensure: is the most restrictive form of professional and occupational regulation. It is illegal for a person to practice a particular profession without first meeting state and/or federal licensing standards. Licensure is often referred to as "right-to-practice."

Certification: Under certification, the state grants title protection (right-to-title) to persons meeting predetermined standards. Those without certification may perform the duties of the occupation but may not use the title.

Registration: is the least restrictive of all credentials. It usually requires individuals to file their names, addresses and qualifications with a government agency before practicing the occupation. The employee may be required to post a bond or pay a fee for the registration.

Training: is the specific course work the employee must take in order to obtain the license, certification or registration.

Commercial Drivers License: is required by federal law for all school bus drivers. (Under the terms of the Federal Commercial Motor Vehicle Safety Act of 1986, as amended 1991.)

Each state may require different guidelines for renewal and training. Check with your State Division of Motor Vehicles and State Department of Education for individual requirements. Also contact your UniServ Office for information and details.

To Section 3: Downsizing Schemes Work Against The Quality Workforce