CHAPTER 87

FORMERLY

SENATE BILL NO. 116

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 27, TITLE 21 DELAWARE CODE RELATING TO REQUIREMENTS AND QUALIFICATIONS FOR LICENSING SCHOOL BUS DRIVERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §2708, Chapter 27, Title 21, Delaware Code, entitled School Bus Driver's License; Qualifications, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

"Section 2708. School Bus Driver's Qualificationt

(a) No person shall drive, nor shall any contractor, or public, parochial or private school, permit any person to drive a school bus within the state unless such driver has qualified for a Commercial Driver's License (CDL) under Chapter 26, and a school bus endorsement under Chapter 27 of this Title, and other pertinent rules and regulations of the Department. Furthermore, except when in possession of a CDL permit and undergoing training or evaluation and accompanied by a certified Delaware School Bus Driver Trainer, school bus drivers shall at all times while operating or in control of a school bus have in their immediate possession the following:

(1) A properly endorsed and classified Delaware CDL license, with a P (passenger) and S (school bus) endorsement. In exceptional

(2) circumstances, the Department of Public Instruction (DPI) may request the Department issue a 45 day temporary S endorsement to allow a driver to drive upon completion of all requirements except the twelve hours of classroom training. Out-of-state school bus drivers shall comply with Section 2709, this Title.

(3) A Physical Examination Certification indicating a valid and approved State Board of Education physical exam completed within the last year.

(b) To qualify for an S (school bus) endorsement an applicant must meet all the following requirements:

(1) Be at least 18 years of age with one year of driving experience.

(2) Have qualified for a CDL license with P (passenger) endorsement.

(1) Show completion of a course of training with specific course content as determined by the State Board of Education. Such course shall contain as a minimum twelve hours of classroom training and six hours of training aboard a school bus with a certified Delaware School Bus Driver Trainer. Training on the school bus must include 4 hours of actual driving, 2 of which must be with students on the bus.

(2) Pass a road test in a school bus administered by the
Department. This test may be waived by the Department if the driver has already obtained a P endorsement on the CDL license.

(1) Not have more than five points on his or her driving record at the time of application.

(2) Not have had his or her license suspended, revoked or
disqualified in this state or any other jurisdiction for moving violations in the last five years.

(1) Never have been convicted of the manufacture, delivery or possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47, Title 16 of the Delaware Code in this State or any other jurisdiction.

(8) Never have been convicted of a felony in this State or any other jurisdiction within the last five years.

(9) Never have been convicted of a crime against a child in this State or any other jurisdiction.

(c) Any time a license with a school bus endorsement is suspended, revoked, or disqualified, for moving violations or the driver exceeds eight points for moving violations the school bus endorsement shall become invalid, and the endorsement shall be removed from the license.

(d) Renewal of the school bus endorsement shall be as required for other licenses.

(a) The Department shall provide school bus driver records at no charge to DPI or to companies contracted to DPI for school bus services."

Approved July 6, 1993.