Ga. Comp. R. & Regs. R. 160-5-3-.17 - Use of Alternative Vehicles for the Transport of Specified Student Groups
(1)
DEFINITIONS.
(a)
Eight-Passenger Vehicles -
motor vehicles with a factory-designed maximum capacity of eight persons and
not less than five persons used to transport students who either (1) have
transportation needs documented in their Individualized Education Program or
(2) may currently lack, or during the previous academic year lacked, a fixed,
regular, and adequate nighttime residence as described under the McKinney-Vento
Homeless Assistance Act, 42
U.S.C. Section 11301, et seq.
(b)
Governing Body - the local
board of education, governing board, or other entity responsible for the
governance and oversight of a Local Educational Agency.
(c)
Local Educational Agency
(LEA) - a public authority legally constituted by the state as an
administrative agency to provide control of and direction for kindergarten
through grade 12 public educational institutions.
(d)
Non-resident - a person who
has his or her permanent home or abode in a state other than Georgia.
(e)
Physician - a Doctor of
Medicine or osteopathy licensed by the Georgia Composite Medical Board pursuant
to Article 2, Chapter 34, Title 43 of the Official Code of Georgia
Annotated.
(f)
Resident - a person who has his or her permanent home or abode in
the state of Georgia.
(g)
Driver (operator) - a person, appropriately licensed and trained,
who controls the operation of an Eight-Passenger Vehicle used in the transport
of specific student groups.
(2)
REQUIREMENTS.
(a) The Governing Body shall only allow
employees of the LEA or employees or sub-contractors of a company contracted by
the LEA to transport students to and from school and school-related activities
using an Eight-Passenger Vehicle.
(b) The Governing Body shall ensure the
following driver qualifications are met by employees of the LEA or employees or
sub-contractors of a company contracted by the LEA to provide transportation
services as outlined in (2)(a):
1. All drivers
of Eight-Passenger vehicles are at least 21 years of age.
2. Evidence of a physical examination within
60 days prior to the date of employment for that school year. The physical
examination must be conducted by a Physician or his or her legally authorized
designee to whom the Physician delegated the authority to sign, certify, and
endorse documents or physical examination forms required by the State Board of
Education.
3. LEAs shall ensure
that resident and non-resident drivers of Eight-Passenger Vehicles are properly
licensed, by their home state, to drive the vehicle used.
4. Prior to transporting students in
Eight-Passenger Vehicles, LEAs shall ensure all drivers have satisfactorily
completed the Georgia Department of Education's (GaDOE) annual training program
on safe driving practices.
5. LEAs
shall ensure a motor vehicle record check is annually completed for each
driver.
6. All drivers of
Eight-Passenger Vehicles must be placed in a drug and alcohol testing program.
This testing program shall be a separate program from those drivers who hold a
Commercial Driver's License.
(i) Prior to
transporting students, all drivers shall successfully complete a drug and
alcohol test.
(ii) All drivers must
be included in a randomly selected pool for drug and alcohol testing to be
completed a minimum of four times annually.
7. Fingerprinting and criminal background
checks as prescribed in O.C.G.A. §
20-2-211.1 shall be conducted on
all drivers.
(c) The
Governing Body shall ensure the following vehicle regulations are met:
1. The Eight-Passenger Vehicle must be owned
or leased by the LEA or provided by the company with whom the LEA has
contracted to provide these transportation services.
2. The Eight-Passenger Vehicle must be marked
with the name of the LEA or the name of the company with whom the LEA has
contracted to provide these transportation services and have a sign stating
that the vehicle is used for "Student Transport".
3. The Eight-Passenger Vehicle must have an
age of less than 10 years from the date of manufacture and no more than 200,000
miles.
4. All Eight-Passenger
Vehicles shall be inspected by a qualified mechanic at a minimum of 90-day
intervals using an inspection form provided or approved by the GaDOE. Routine
maintenance shall be conducted at the manufacturer's recommended service
intervals on these vehicles.
Notes
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