PART 1035 SCHOOL BUS DRIVER PERMIT : Sections Listing

TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1035 SCHOOL BUS DRIVER PERMIT


AUTHORITY: Implementing Section 6-106.1 and authorized by Section 6-521 of the Illinois Vehicle Code [625 ILCS 5].

SOURCE: Adopted at 19 Ill. Reg. 10716, effective July 11, 1995; amended at 24 Ill. Reg. 1269, effective January 10, 2000; amended at 24 Ill. Reg. 12092, effective July 31, 2000; amended at 26 Ill. Reg. 12045, effective July 22, 2002; amended at 33 Ill. Reg. 17093, effective December 1, 2009; amended at 34 Ill. Reg. 7750, effective May 20, 2010; amended at 34 Ill. Reg. 19082, effective November 22, 2010; amended at 35 Ill. Reg. 7412, effective April 21, 2011; amended at 36 Ill. Reg. 2384, effective January 30, 2012; amended at 39 Ill. Reg. 5101, effective March 23, 2015; amended at 39 Ill. Reg. 11633, effective July 28, 2015; amended at 40 Ill. Reg. 9646, effective July 1, 2016; amended at 45 Ill. Reg. 750, effective December 28, 2020; emergency amendment at 45 Ill. Reg. 1222, effective January 6, 2021, for a maximum of 150 days; amended at 45 Ill. Reg. 6602, effective May 4, 2021.

 

Section 1035.10  Definitions

 

For purposes of this Part, the following definitions shall apply:

 

"Active Duty" – active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor (IVC Section 6-106.1(j)).

 

"Adulterated Specimen" − a urine specimen that contains a substance not expected to be present in human urine, or contains a substance expected to be present, but is at a concentration so high that it is not consistent with human urine (see 49 CFR 40.3 (2014)).

 

"Cancellation" – the cancellation of a school bus driver permit − the annulment or termination by formal action of the Secretary of State of a person's school bus driver permit because of some error or defect in the permit, because the permit holder is no longer entitled to the permit, refusal or neglect of the person to submit to an alcohol and drug evaluation or submit to or fail to successfully complete the examination, in accordance with IVC Sections 1-110, 6-106.1 and 6‑207.

 

"Cellular Radio Communication Device" – a device capable of sending or receiving telephone communications without an access line for service and that requires the operator to dial a number manually.  It does not include citizens band radios or citizens band radio hybrids.

 

"Chain of Custody" – a procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (see 49 CFR 40 (October 1, 2014)).

 

"Chain of Custody Form" or "CCF" – an employer copy of the Federal Drug Testing Custody and Control Form used to notify the employer that the applicant has taken a split specimen test and the results of that test.

 

"Collector" − a person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the specimen provided by those employees and who initiates and completes the CCF.

 

"Conviction" – an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law, by a court of original jurisdiction or by an authorized administrative tribunal; an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; a plea of guilty or nolo contendere accepted by the court; the payment of a fine or court cost, regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered; or a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated pursuant to IVC Section 6-500(8).

 

"Curriculum-Related School Activity" − includes from home to school or from school to home, tripper or shuttle service between school attendance centers, transportation to vocational or career center or other trade-skill development site or regional safe school or other school-sponsored alternative learning program, or a trip that is directly related to the regular curriculum of a student for which he or she earns credit.

 

"Denial" – to prohibit or disallow the privilege to obtain a school bus driver permit and/or the privilege to operate a school bus in accordance with IVC Section 6-106.1.

 

"Dilute Specimen" – a urine specimen with creatinine and specific gravity values that are lower than expected for human urine pursuant to 49 CFR 40.3.

 

"Disqualification" – a withdrawal of the privilege to drive a commercial motor vehicle [625 ILCS 5/1-115.3].

 

"Driver" – every person who drives or is in actual physical control of a vehicle [625 ILCS 5/1-116].

 

"Employer" – any public or private school district, individual, corporation, partnership or association who employs school bus drivers licensed pursuant to IVC Section 6-106.1.

 

"Employer Certification/Notification" – a form prescribed by the Secretary of State and submitted by the employer that certifies an applicant has met all pre‑employment conditions and all conditions for reapplication, or that a driver who is no longer eligible for a school bus driver permit has been removed from service.

 

"Fingerprint Process" – a method by which a person's fingerprints are taken for the purpose of certification of a criminal background investigation for a school bus driver permit and submitted to the Illinois Department of State Police and the Federal Bureau of Investigation (FBI).

 

"Hearing" – a hearing conducted by the Secretary of State, pursuant to IVC Sections 2-118 and 6-106.1, upon written request of the driver or applicant.

 

"Home State" – the States of Indiana, Michigan, Wisconsin, Iowa, Missouri and Kentucky, when they have issued a valid and properly classified driver's license.

 

"Illinois Vehicle Code" or "Vehicle Code" or "IVC" – 625 ILCS 5.

 

"Initial Training" – an initial training class, including first aid procedures, in school bus safety administered by the Illinois State Board of Education through the Regional Office of Education and approved by the Secretary of State pursuant to IVC Section 6-106.1.  Initial training will provide sufficient practical behind‑the-wheel instruction.

 

"Lapse" – a period of time following the expiration of a driver's license or school bus driver permit in which the driver can renew or reapply without penalty.

 

"Medical Examination" − a physical examination by a medical examiner that includes tests for drug and alcohol use and the medical qualifications needed to drive a school bus.

 

"Medical Examiner" − a person who is a licensed physician, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes him or her to perform medical examinations, or a physician assistant who has been delegated the performance of medical examinations by his or her supervising physician.

 

"Medical Examiner's Certificate" – a form, developed by the Secretary of State, upon which a medical examiner records the results of a physical examination and certifies whether a person is qualified to apply for a school bus driver permit.

 

"Medical Review Officer" or "MRO" − a person who is a licensed physician and is responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results (see 49 CFR 40.3 (October 1, 2014)).

 

"Military Order" − official military documents that indicate the date the school bus driver permit holder will be called to active duty and the expected date the permit holder will return from active duty.

 

"Miscellaneous Suspension" – a safety and family financial responsibility suspension, unsatisfied judgment suspension, auto emissions suspensions, parking ticket suspension, failure to appear suspension, failure to pay toll suspension, nighttime driving restriction suspension, and all suspensions that are rescinded and are no longer in effect.

 

"Multifunction School Activity Bus" or "MFSAB" − a school bus manufactured for the purpose of transporting 11 or more persons, including the driver, whose purposes do not include transporting students to and from school or school bus stops.

 

"Possession of a School Bus" – the period of time from which a school bus driver takes possession until the school bus driver returns possession of the school bus, whether or not the school bus driver is operating the school bus.

 

"Pre-Employment Conditions" – an applicant must have been interviewed by the prospective employer; completed a school bus driver permit application and prescribed medical report form; successfully passed a physical examination; successfully completed a fingerprint-based Illinois specific background check with fingerprints forwarded to the FBI for a national background check; and received the required initial training.

 

"Pre-Trip and/or Post-Trip Inspection" – requires the school bus driver to test the cellular radio telecommunication device or two-way radio and ensure it is functioning properly before the bus is operated and before leaving the bus at the end of each route, work shift or work day, to walk to the rear of the bus, and to check the bus for children or other passengers in the bus.

 

"Provisional Status" – the temporary privilege to operate a school bus pending completion of the FBI criminal background check.

 

"Random Testing" – a drug and/or alcohol test having no specific time pattern.

 

"Refresher Course" – a classroom course in school bus safety approved by the Secretary of State.  Refresher training courses shall be a minimum of 2 hours in length, part of which must be first aid training, taught by an instructor certified by the Illinois State Board of Education under 23 Ill. Adm. Code 1.515.

 

"Repeatedly Convicted of Offenses against Laws and Ordinances Regulating the Movement of Traffic" – a driver for whom an order has been entered to suspend or revoke a license or permit under IVC Section 6-206(a)(3).

 

"Repeatedly Involved as a Driver in Motor Vehicle Collisions" – a driver for whom an order has been entered to suspend or revoke a license or permit under IVC Section 6-206(a)(3).

 

"Rescind Order" – a removal by formal action of an order canceling, suspending or denying issuance of a school bus permit.

 

"Review of Driving Records" – a review of the applicant's driving record maintained by the Secretary of State or documentation from another licensing jurisdiction, which has been certified within 30 days prior to the date of application, to insure that the requirements of IVC Sections 6-106(1), (2), (3), (9), (10), (11), (12), (13) and (14) have been met.

 

"School Bus" – every motor vehicle, except as provided in this definition, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of the entity:

 

Any public or private primary or secondary school;

 

Any primary or secondary school operated by a religious institution; or

 

Any public, private or religious nursery school.

 

This definition shall not include the following:

 

A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when the bus is not traveling a specific school bus route but is:

 

On a regularly scheduled route for the transportation of other fare paying passengers;

 

Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or

 

Being used for shuttle service between attendance centers or other education facilities.

 

A motor vehicle of the first division.

 

A motor vehicle designed for the transportation of not fewer than seven nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities. [625 ILCS 5/1-182]

 

"School Bus Driver Active Duty Form" − the form submitted by an employer as notification of the date the school bus permit holder is placed on active military duty.

 

"School Bus Driver Inactive Status" − status of school bus permit while the school bus permit holder is on active military duty.

 

"School Bus Driver Permit" – permit issued for a period of one year to school bus drivers by the Office of the Secretary of State pursuant to IVC Section 6-106.1.

 

"School Bus Driver Permit Application" – the form or document prescribed by the Secretary of State upon which a request for a school bus driver permit is made.

 

"School Bus Driver Return From Active Duty Form" − the form submitted by employer as notification of the date the school bus driver permit holder returned from active duty.

 

"Secretary of State" – the Secretary of State of Illinois [625 ILCS 5/1-184].

 

"Serious Traffic Violation" – notwithstanding convictions that in and of themselves result in the immediate suspension or revocation of a driver's license and privilege, the following offenses or a similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than a parking violation, shall be considered a serious traffic violation:

 

A conviction, when operating a motor vehicle, for a violation of or relating to:

 

IVC Section 11-402(a) − a motor vehicle accident involving damage to a vehicle;

 

IVC Section 11-403 − failure to stop and exchange information after a motor vehicle collision, property damage only;

 

IVC Section 11-502(a) − illegal transportation, possession or carrying of alcoholic liquor within the passenger area of any vehicle;

 

IVC Section 6-101 − operating a motor vehicle without a valid license or permit;

 

IVC Section 11-403 − failure to stop and exchange information or give aid after a motor vehicle collision involving personal injury or death;

 

Excessive speeding − a single speeding charge of 15 miles per hour or more above the legal speed limit;

 

IVC Section 11-503 − Reckless driving;

 

IVC Section 11-707(d) − passing in a no-passing zone; or IVC Section 11-1414 − passing a stopped school bus;

 

IVC Section 11-1402(b) − limitations on backing upon a controlled access highway;

 

IVC Section 11-707(b) − driving on the left side of a roadway in a no-passing zone;

 

IVC Section 11-1002(e) − failure to yield the right-of-way to a pedestrian at an intersection;

 

IVC Section 11-1008 − failure to yield to a pedestrian on a sidewalk;

 

IVC Sections 11-1201 and 11-1202 − failure to stop for an approaching railroad train or signal;

 

Any State law or local ordinance relating to motor vehicle traffic control, other than parking violations, arising in connection with a fatal traffic accident;

 

IVC Section 6-501 − having multiple driver's licenses;

 

IVC Section 6-507(a) − the requirement to have a valid CDL;

 

Improper or erratic traffic lane changes;

 

Following another vehicle too closely;

 

IVC Section 6-104(d) − possession of a valid school bus permit;

 

IVC Section 11-605 − school speed zones;

 

Any other similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than parking violations, that the Secretary of State determines by administrative rule to be serious.

 

"Service Member" a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard (IVC Section 6-106.1(j)).

 

"Specimen Bottle" − the bottle that, after being sealed and labeled according to the procedures in this Part, is used to hold the urine specimen during transportation to the laboratory (see 49 CFR 40.3 (October 1, 2014)).

 

"Split Specimen" − in drug testing, a part of the urine specimen sent to a first laboratory and retained unopened, and that is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result (see 49 CFR 40.3 (October 1, 2014)).

 

"State" – a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada [625 ILCS 5/1-195].

 

"Substituted Specimen" − a specimen with creatinine and specific gravity values so diminished that they are not consistent with human urine.

 

"Suspension of Driver's License" – the temporary withdrawal by formal action of the Secretary of State of a person's license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary of State [625 ILCS 5/1-204].

 

"Suspension of School Bus Driver Permit" – the temporary withdrawal, by formal action by the Secretary of State, of a person's permit that grants and specifies limited privileges to operate a school bus on the public highways, for a period specifically designated by the Secretary of State.

 

"Waiver" – an exemption allowed under certain conditions rendering an ineligible applicant eligible.

 

(Source:  Amended at 39 Ill. Reg. 11633, effective July 28, 2015)

 

Section 1035.15  Requirements of Applicants for a School Bus Driver Permit

 

In order for the Secretary of State to issue a school bus driver permit, all applicants must:

 

a)         be 21 years of age or older;

 

b)         possess a valid and properly classified driver's license issued by the Secretary of State or a valid license issued in the applicant's home state;

 

c)         possess a valid driver's license that has not been revoked, suspended, canceled or disqualified for 3 years immediately prior to the date of application, and shall not have had his or her commercial motor vehicle driving privileges disqualified within the 3 years immediately prior to the date of application, except for miscellaneous suspensions, (see IVC Section 1-115.3).  A lapse in the renewal of the driver's license of 30 days or less shall not render the applicant ineligible.  The Secretary of State may, in his or her discretion, grant a waiver for a lapse in the renewal of the driver's license in excess of 30 days;

 

d)         pass written examinations administered by the Secretary of State on school bus operation, school bus safety, and special traffic laws relating to school buses and submit to a review of the applicant's driving habits by the Secretary of State at the time the written examination is given;

 

e)         demonstrate the ability to exercise reasonable care in the operation of a school bus in accordance with the requirements of 92 Ill. Adm. Code 1030.85;

 

f)         be physically able to safely operate a school bus.  An applicant for a school bus driver permit must demonstrate physical fitness to operate a school bus by undergoing a medical examination in accordance with Section 1035.20;

 

g)         affirm under penalty of perjury that he or she has not made a false statement or knowingly concealed a material fact in any application for a permit;

 

h)         complete initial training. After satisfactory completion of initial training, an annual refresher course will be required.  Refresher courses and the agency or organization conducting those courses shall be approved by the Secretary of State.  Failure to complete the annual refresher course shall result in cancellation of the permit until the course is completed;

 

i)          not have been under an order of court supervision for or convicted of 2 or more serious traffic offenses, as defined by Section 1035.10, within one year prior to the date of application, that may endanger the life and safety of any of the driver's passengers within the duration of the permit period;

 

j)          not have been under an order of court supervision for or convicted, within 3 years prior to the date of application, of reckless driving (see IVC Section 11-503), aggravated reckless driving, driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof (see IVC Section 11-501) or reckless homicide (see Section 9-3 of the Criminal Code of 1961 [720 ILCS 5/9-3]) resulting from the operation of a motor vehicle;

 

k)         consent, in writing, to the release of results of reasonable suspicion drug and alcohol testing under IVC Section 6-106.1c by the employer of the applicant to the Secretary of State;

 

l)          not have been convicted of committing or attempting to commit any one or more of the offenses set forth in IVC Section 6-106.1(a)(11) or 6-106.1(a)(16);

 

m)        not have been repeatedly involved as a driver in motor vehicle collisions or been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree that indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway in accordance with 92 Ill. Adm. Code 1040.40;

 

n)         not have, through the unlawful operation of a motor vehicle, caused an accident resulting in the death of any person;

 

o)         not have, within the last 5 years, been adjudged to be afflicted with or suffering from any mental disability or disease.

 

(Source:  Amended at 45 Ill. Reg. 750, effective December 28, 2020)

 

Section 1035.20  Annual Medical Examination and Certificate

 

a)         All applicants for a school bus driver permit must demonstrate physical fitness to operate a school bus by undergoing a medical examination, including tests for drug and alcohol use, conducted by a medical examiner within 90 days prior to the date of application for the permit.

 

b)         An applicant who, within 90 days prior to the date of application, has undergone a medical examination complying with subpart E of 49 CFR 391.41 (October 1, 2015) shall be exempt from the corresponding requirements of this Section, provided that the applicant submits to the Secretary of State a copy of the federal medical examiner's certificate (49 CFR 391.43, October 1, 2015) and/or a copy of the CCF form signed by the medical examiner.

 

c)         Except as provided in subsection (b), the medical examination for all applicants shall be performed in accordance with the provisions of this Section and the instructions contained on the Secretary of State Physical Examination and Certificate for Illinois School Bus Driver form, which may be obtained from the Secretary of State for the use of the medical examiner.

 

d)         Each applicant to be tested for drugs shall consent in writing to provide a split urine specimen for this purpose as part of the applicant's annual medical examination and shall authorize the release of the results of the tests to the medical examiner.  Those persons responsible for collection of the specimen shall ensure that the split specimen is not substituted, adulterated or diluted by the applicant during the collection procedure.  The split specimen bottle shall be labeled to identify its source and shall be delivered to the testing laboratory by U.S. mail, personal delivery by the medical examiner's staff, a professional messenger service, or other means that preclude tampering with the split specimen.  Those persons responsible for collecting, processing and testing the specimen shall maintain and be able to document a chain of custody for the split specimen that ensures its integrity.

 

e)         Drug Test Results

 

1)         A person shall be deemed to have failed to obtain a negative result on a drug test if he/she:

 

A)        Fails to appear for any test within 24 hours after being directed to do so by the employer;

 

B)        Fails to remain at the testing site until the testing process is complete, as determined by the collector;

 

C)        Fails to provide a urine specimen;

 

D)        If applicable, fails to permit the observation or monitoring of his/her provision of a specimen;

 

E)        Fails to provide sufficient amount of urine when directed and it has been determined, through a required medical evaluation, as set forth in 49 CFR 40.193 (October 1, 2015), that there was no adequate medical explanation for the failure;

 

F)         Fails or declines to take a second test as directed by the employer or collector;

 

G)        is reported by the MRO as having a verified adulterated or substituted test result;

 

H)        Fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so directed by the collector or behaves in a confrontational way that disrupts the collection process);

 

I)         Is reported by the MRO as having a positive drug test result.

 

2)         These standards apply only to drug tests that are not required by 49 CFR 382 (October 1, 2015), but are required as part of the school bus driver permit program (see IVC Section 106.1) or the school bus driver endorsement program (see IVC Section 6-508).

 

f)         The split specimen shall be tested for marijuana metabolites, cocaine metabolites (Benzoylecgonin), opiates metabolites, amphetamines and phencyclidine (PCP) using the tests and standards for positive test results specified in 49 CFR 40.85 (October 1, 2015).  Testing shall be conducted by a laboratory certified by either the Illinois Department of State Police pursuant to 20 Ill. Adm. Code 1286 or the U.S. Department of Transportation pursuant to 49 CFR 40 (October 1, 2015).

 

g)         The laboratory shall report the test results only to the medical examiner.  The medical examiner shall review confirmed positive test results in order to determine whether there is a legitimate medical explanation of legal drug use for each positive test result.  The medical examiner may, at his or her discretion, consult with any other medical examiner whose expertise in the area of substance abuse may, in the examining physician's judgment, be helpful in reviewing test results.  The medical examiner shall record his or her findings on the applicant's medical examiner's certificate.  If the medical examiner determines there is no legitimate medical explanation for a positive test result for one or more of the tested drugs, the applicant shall be ineligible to receive a school bus driver permit.

 

h)         Each applicant, as part of the annual medical examination, shall also be tested to assist the medical examiner in determining whether the applicant has a current clinical diagnosis of alcoholism.  The medical examiner shall record on the Physical Examination and Certificate for Illinois School Bus Driver form those tests that were administered, as well as the medical examiner's findings as to whether the applicant has a current clinical diagnosis of alcoholism.  An applicant with a current clinical diagnosis of alcoholism shall be ineligible for a school bus driver permit.

 

i)          Each initial applicant, as a part of the medical examination for a school bus driver permit, shall be tested for tuberculosis as outlined in subsection (j)(13).  Reapplicants will not be required to be retested for tuberculosis as part of the annual medical examination unless, in the judgement of the medical examiner, the test should be performed in order to determine if the applicant is physically qualified to operate a school bus. Any applicant who allows his or her school bus permit to expire for more than 30 days is, pursuant to Section 1035.25(j), considered a new applicant and, as such, shall be required to be retested for tuberculosis.

 

j)          An applicant shall be considered physically qualified to operate a school bus only if he or she:

 

1)         has no loss or impairment of a hand, finger, arm, foot, or leg that would interfere with the safe operation of a school bus or has had such loss or impairment compensated for in a manner satisfactory to the medical examiner;

 

2)         has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control that is likely to interfere with the ability to safely control and drive a school bus;

 

3)         has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse or congestive cardiac failure;

 

4)         has no established history or clinical diagnosis of a respiratory dysfunction likely to interfere with the ability to safely control and drive a school bus;

 

5)         has no current clinical diagnosis of high blood pressure likely to interfere with the ability to safely control and drive a school bus;

 

6)         has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease likely to interfere with the ability to safely control and drive a school bus;

 

7)         has no established medical history or clinical diagnosis of epilepsy or any other condition that is likely to cause loss of consciousness or any loss of ability to safely control and drive a school bus;

 

8)         has no mental, nervous, organic or functional disease or psychiatric disorder likely to interfere with the ability to safely control and drive a school bus;

 

9)         has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses, or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in each eye with or without corrective lenses, field of vision of at least 70 degrees in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, amber and green (i.e., no monocular individual may be considered qualified);

 

10)         first perceives a forced whispered voice in the better ear at not less than 5 feet with or without a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500Hz, 1,000Hz and 2,000Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard Z24.5-1951;

 

11)         does not use amphetamines, cocaine, marijuana, opiates, phencyclidine, or any other mind altering drug or substance, or any prescribed drug that may interfere with the ability to safely operate a school bus;

 

12)         has no current clinical diagnosis of alcoholism; and

 

13)         has a negative reading/test result on a tuberculosis test or has a positive result on a tuberculosis skin test and either:

 

A)        is receiving prophylactic treatment; or

 

B)        has inactive tuberculosis as diagnosed by X-ray.

 

k)         The medical examiner's conclusion as to whether the person he or she examined is qualified to drive a school bus shall be recorded on a medical examiner's certificate with the form set out in Appendix A.

 

l)          One copy of the completed physical examination and medical certificate is to be forwarded by the medical examiner to the employing agency or organization of the applicant; one copy is to be retained by the applicant; and one copy is to be retained by the medical examiner.

 

(Source:  Amended at 40 Ill. Reg. 9646, effective July 1, 2016)

 

Section 1035.25  Permit Application Process

 

a)         Each applicant for a school bus driver permit must first successfully complete a pre-employment interview with the prospective employer to determine the acceptability of the applicant in terms of the requirements of this Part and those outlined in IVC Section 6-106.1.

 

b)         The applicant seeking employment as a school bus driver must complete an Application for Illinois School Bus Driver Permit obtained from the prospective employer and then complete the following:

 

1)         Physical examination, obtaining the medical examiner's certificate, in accordance with Section 1035.20;

 

2)         Fingerprint process;

 

3)         initial training.

 

c)         The employer shall certify in writing to the Secretary of State on a form prepared or approved by the Secretary of State that all the required pre-employment conditions have been successfully completed.

 

d)         The applicant shall then submit the employer certification, the school bus driver permit application, and a fee of $4.00 to the Secretary of State.

 

e)         The Secretary of State shall review the applicant's driving history to determine if it is acceptable under the provisions of this Part and IVC Section 6-106.1. 

 

1)         The applicant must:

 

A)        pass written examinations administered by the Secretary of State's Office in accordance with 92 Ill. Adm. Code 1030.80;

 

B)        successfully complete a road test administered by the Secretary of State's Office or a third party certifying entity in the class of vehicle to be used, in accordance with 92 Ill. Adm. Code 1030.85.

 

2)         Written examinations must be successfully completed prior to the road test.  Each examination must be completed in no more than 3 attempts and within 90 days after the date of certification by the employer under subsection (c) in order for the current physical examination date to be used.  Examinations taken 90 days after the certification date will require a new physical examination.  The written examinations are valid for one year upon completion.  After 3 failed attempts on any examination, the applicant must wait 30 days to again test.

 

f)         Upon successful completion of all pre-employment conditions and examination requirements for the school bus driver permit, the Secretary of State shall issue a school bus driver permit with a provisional status.  Upon successfully passing the FBI criminal background investigation, the Secretary of State shall remove the school bus driver permit from provisional status.  The permit shall expire one year from the issuance date.

 

g)         Current Permit Holders:

 

1)         Individuals who, as of July 1, 1995, possessed a valid school bus driver permit that was previously issued by the appropriate regional superintendent are not subject to the fingerprinting provisions as long as the permit remains valid and does not lapse.  If an applicant re-applies for a school bus driver permit 30 days or less after the date of expiration of the current permit, it shall not constitute a lapse.

 

2)         Current school bus drivers need not be retested by the Secretary of State except when a change in license classification is required.

 

h)         A re-applicant for a school bus driver permit shall be required to submit an employer certification verifying completion of a yearly physical and refresher training, as well as a $4.00 re-application fee.  Re-applications will not be accepted more than 60 days prior to the expiration date of the current permit.

 

i)          The fee for a school bus driver permit shall be as follows:

 

1)         Original school bus driver permit.....................................$4.00

 

2)         Re-application for school bus driver permit.....................$4.00

 

3)         Duplicate or corrected school bus driver permit...............$4.00

 

j)          Any individual who allows his/her school bus driver permit to expire for more than 30 days shall be required to submit to all the requirements set forth for a new applicant.

 

k)         Substitute Drivers:  Any individual who drives when a regular school bus driver is not available must have a permit.  Athletic coaches, teachers and other school employees who occasionally drive school buses that transport students to and from school or school-related activities must be qualified and have a school bus driver permit.

 

l)          Out-of-State Applicants:  Any person residing in a state other than Illinois who seeks employment as a school bus driver must possess a properly classified license from his or her home state.  The applicant must follow the procedure outlined in this Part for new applicants.

 

m)        New Resident Applicants:  Any person who has relocated to the State of Illinois who seeks employment as a school bus driver must provide documentation from his or her former state of residence, prior to application, that the requirements of IVC Sections 6-106.1(a)(3), (9) and (10) have been met. This documentation must be attached to the school bus driver application form prior to appearing at a Secretary of State's Driver Services Facility.  The documentation must have been issued within 90 days prior to the date of application.  The applicant must follow the procedure outlined for new applicants as set forth in this Part.

 

n)         An applicant for a school bus driver permit must have a 3 year continuous driving history.  This requirement may be met by a combination of in-state and out‑of‑state driving records.  An exception may be allowed under the following criteria:

 

1)         a written request for an exemption must be submitted, with the reason for the break in the 3 year driving history;

 

2)         a break of 30 days or less in the 3 year driving history may be waived by the Secretary of State;

 

3)         a break of more than 30 days, but less than 6 months, in the driving history may be approved by the Secretary of State if the record is clear or if listed convictions do not affect driving.

 

(Source:  Amended at 39 Ill. Reg. 11633, effective July 28, 2015)

 

Section 1035.30  Training

 

a)         The initial course and annual refresher training courses are required for each school bus driver permit holder and shall be:

 

1)         Approved by the Secretary of State and the agency or organization conducting the course;

 

2)         Taught by an instructor certified by the Illinois State Board of Education; and

 

3)         A minimum of two hours in length, part of which must include first aid training.

 

b)         The date of the annual refresher training shall be computed as follows:

 

1)         The first refresher training following initial training must be completed within one year (365 days) from the date of initial training.  The date of the first refresher training will be known as the refresher date. 

 

2)         In the event that an individual completes subsequent refresher training between the actual refresher date and 60 days prior to that refresher date, the next annual refresher date will not change. In the event refresher training is completed more than 60 days prior to the refresher date, the date the driver completes the refresher training will become the new annual refresher date.

 

3)         In recognition of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, as extended by subsequent disaster proclamations, refresher dates for those individuals whose current refresher date falls in December 2020, January 2021,  February 2021 or March 2021 are extended for a period of 90 days.

 

(Source:  Amended at 45 Ill. Reg. 6602, effective May 4, 2021)

 

Section 1035.32  Random Drug Testing for Alcohol and Controlled Substances

 

School bus driver permit holders who also hold a CDL are subject to random testing for alcohol and controlled substances.  This testing must conform to 49 CFR 382.305 (2008).

 

(Source:  Added at 33 Ill. Reg. 17093, effective December 1, 2009)

 

Section 1035.35  Denial, Cancellation, or Suspension of a School Bus Driver Permit

 

a)         The Secretary of State shall deny or cancel a school bus driver permit of an applicant:

 

1)         whose criminal background investigation discloses that he or she is not in compliance with any of the provisions of IVC Section 6-106.1(a);

 

2)         upon receiving notice that the permit holder fails to comply with any provision of this Part;

 

3)         upon receiving notice that the permit holder's commercial driving permit or commercial driving privileges are withdrawn or otherwise invalidated;

 

4)         upon receiving notice that the permit holder has been under an order of court supervision for or convicted of 2 serious violations during the duration of the permit.

 

b)         The Secretary of State shall suspend a school bus driver permit for a period of 3 years upon receiving notice that the holder has failed to obtain a negative result on a drug test as required by IVC Section 6-106.1 or under 49 CFR 382.303, 382.305, 382.307 and 382.309 (2008).

 

c)         The Secretary of State shall suspend a school bus driver permit for a period of 3 years upon receiving notice from the employer that the holder failed to perform the pre-trip and/or post-trip inspection procedure set forth in IVC Section 12-816 (a) or (b).

 

d)         The Secretary of State shall deny an applicant for a school bus driver permit for a period of 3 years who fails to obtain a negative result on a drug test as required by IVC Section 6-106.1 or under 49 CFR 382.301 (2008).

 

e)         The Secretary of State shall deny an applicant or re-applicant for a school bus driver permit upon an indication on a driving record that he or she has failed to pay any fines, costs or fees that deny the renewal or reissuance of a driver's license or any other indication on a driving record that denies the renewal or reissuance of a driver's license.

 

f)         A cancellation of a school bus driver permit shall remain in effect pending the outcome of a hearing pursuant to IVC Section 2-118.

 

g)         An order may be rescinded provided the cause is removed and the applicant continues to meet the requirements outlined in IVC Section 6-106.1(a).

 

h)         The Secretary shall suspend a school bus driver permit for a period of three years upon receiving notice from the employer that the holder has failed to perform the inspections required by IVC Section 12-816.

 

i)          The Secretary shall suspend a school bus driver permit for a period of three years upon receiving notice from an employer that the permit holder has failed or refused a reasonable suspicion alcohol or drug test outlined in IVC Section 6-106.1c.

 

(Source:  Amended at 36 Ill. Reg. 2384, effective January 30, 2012)

 

Section 1035.40  Notice

 

a)         The Secretary of State shall immediately notify in writing the State Superintendent of Education and the permit holder's prospective or current employer that the applicant:

 

1)         has failed an FBI criminal background investigation; or

 

2)         is no longer eligible for a school bus driver permit.

 

b)         The Secretary shall also notify the State Superintendent of any related cancellations, suspensions or denials of the applicant's school bus driver permit.

 

(Source:  Amended at 33 Ill. Reg. 17093, effective December 1, 2009)

 

Section 1035.45  Employer Responsibility

 

It shall be the responsibility of a prospective or current employer of an applicant or holder of a school bus driver permit to:

 

a)         conduct a pre-employment interview with the prospective school bus driver applicant;

 

b)         distribute school bus driver permit applications and medical forms;

 

c)         insure that applicants submit to a fingerprint-based criminal background investigation;

 

d)         certify in writing to the Secretary of State that an applicant has successfully completed all pre-employment conditions;

 

e)         notify the Secretary of State in writing that the employer has certified the removal from service of a school bus driver whose permit has been canceled or suspended by the Secretary of State, prior to the start of that school bus driver's next work shift;

 

f)         upon receipt of notification from an MRO that an employee has had a positive drug test or refused to be tested, immediately notify the Secretary of State of that result.  Notification to the Secretary of State shall include a copy of the CCF form, medical examiner's certificate, positive drug results or notation of failure to complete testing.  This information shall be privileged and maintained for use by the Secretary of State;

 

g)         notify the Secretary of State within 48 hours of a school bus driver that has failed a reasonable suspicion drug or alcohol test or refused to be tested in accordance with IVC Section 6-106.1c;

 

h)         notify the Secretary of State in writing, within 10 working days, of the employment or termination of a school bus driver permit holder;

 

i)          notify the Secretary of State that a school bus driver has failed to perform the pre-trip and/or post-trip inspection process;

 

j)          notify the Secretary of State as soon as possible, but not later than within one business day, whenever a school bus is involved in an accident and the driver is required to submit to the post-accident testing requirements set forth in 49 CFR 382.303;

 

k)         maintain records of certifications for a period of 2 years; these records shall be available for inspection by the Secretary of State.

 

(Source:  Amended at 39 Ill. Reg. 5101, effective March 23, 2015)

 

Section 1035.46  Military Deferrals

 

a)         Any school bus permit holder who is a service member called to active duty and who wishes to defer the expiration of his or her school bus permit must provide his or her employer with a copy of his or her military order. 

 

b)         Within 30 days after receipt of the military order, the employer shall notify the Secretary that the school bus permit holder has been called to active duty by submitting the school bus driver active duty form to the Secretary.  If the service member's active duty is extended, and the employer is so notified by the school bus permit holder, the employer shall notify the Secretary of the extension by submitting a second school bus driver active duty form. 

 

c)         Upon receipt of the school driver bus driver active duty form, the Secretary shall place the school bus permit in inactive status.

 

d)         Upon return from active duty, the employer shall notify the Secretary of the school bus permit holder's return by submitting a school bus driver return from active duty form.

 

e)         Within 90 days after return from activity military duty, the school bus driver permit holder shall renew the school bus permit by obtaining a physical examination, as set forth in Section 1035.20, and completing a refresher course, as required by Section 1035.30.

 

(Source:  Added at 34 Ill. Reg. 7750, effective May 20, 2010)

 

Section 1035.50  Hearings

 

a)         The Secretary of State shall conduct a hearing pursuant to IVC Section 2-118 upon the request of an applicant or holder whose school bus driver permit has been denied, canceled or suspended.

 

b)         The petition requesting a hearing shall be in writing and shall contain the reason the individual believes he or she is entitled to a school bus driver permit.

 

c)         The scope of the hearing shall be limited to the issuance criteria contained in IVC Section 6-106.1(a) and IVC Section 6-106.1c.

 

(Source:  Amended at 36 Ill. Reg. 2384, effective January 30, 2012)




 

Section 1035.APPENDIX A   School Bus Driver Permit Medical Examiner's Certificate

 

Part A

 

Medical Examiner's Preliminary Certification

 

NOTE:  The medical examiner shall provide one completed and signed certificate to the applicant.  A copy of the completed and signed certificate is to be forwarded by the medical examiner to the employing agency or organization of the applicant. One copy is to be retained by the medical examiner. 

 

I certify that I have completed Part A of the school bus examination of

 

 

 

on

 

in accordance with

the provisions of 92 Ill. Adm. Code 1035.20 and, based upon that examination, find he/she is:

 

Qualified under the regulations

Qualified only when wearing corrective lenses

Qualified only when wearing a hearing aid

Not qualified under the regulations

 

 

Name of Medical Examiner

 

Professional License Number

of Medical Examiner

 

 

NOTE:  COMPLETION OF PART A ONLY DOES NOT QUALIFY THE APPLICANT.  TEST RESULTS MUST BE CERTIFIED IN PART B BEFORE THE APPLICANT CAN BE CONSIDERED QUALIFIED.

 

 

Part B

 

Final Medical Examiner's Certification

 

Date of TB Results:

 

 

Date of Drug Test Results:

 

 

 

I certify that I have completed my examination, including my readings

of the drug and TB test results, for

 

 

on

 

in accordance with the provisions of 92 Ill. Adm.

Code 1035.20. Based upon the results of drug and TB testing required by 92 Ill. Adm. Code 1035.20(j)(11) and (j)(13) and having no positive test results for infectious disease, or having determined that he/she is not contagious when performing the normal duties of a school bus driver, I find that he/she is:

 

Qualified under the regulations

Not qualified due to positive drug test

Not qualified due to positive tuberculosis test

 

 

 

Name of Medical Examiner

 

Professional License Number

of Medical Examiner

 

 

 

Phone Number of

Medical Examiner

 

Signature of Medical Examiner

 

 

 

Fax Number of

Medical Examiner

 

Date of Certification

(Date the medical examiner

has received all test results)

 

(Source:  Added at 40 Ill. Reg. 9646, effective July 1, 2016)