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Iowa Code Title VIII. Transportation [Chs. 306-330B] § 321.376. License--authorization--instruction requirement

Current as of January 01, 2024 | Updated by Findlaw Staff

1. a. In addition to meeting the qualifications under section 321.375, a driver of a school bus shall hold a commercial driver's license issued by the department of transportation with a passenger endorsement and a school bus endorsement.

b. If required by the school district, a school bus driver shall successfully complete an approved course of instruction for school bus drivers in accordance with subsection 4.

c. A person holding a temporary restricted license issued under chapter 321J shall not operate a school bus.

2. The department of education shall refuse to issue an authorization to operate a school bus to any person who, after notice and opportunity for hearing, is determined to have met any of the grounds listed under section 321.375, subsection 3.  The department of education shall take adverse action against any person who, after notice and opportunity for hearing, is determined to have met any of the grounds listed under section 321.375, subsection 3.  Such action may include a reprimand or warning of the person or the suspension or revocation of the person's authorization to operate a school bus.  A hearing pursuant to section 321.375, subsection 3, paragraph “e”, shall be limited to the question of whether the person was incorrectly listed in the registry.  The department of education shall recommend, and the state board of education shall adopt under chapter 17A, rules and procedures for issuing and suspending or revoking authorization to operate a school bus in this state.  Rules and procedures adopted shall include but are not limited to provisions for the revocation or suspension of, or refusal to issue, authorization to persons who are determined to have met any of the grounds listed under section 321.375, subsection 3.

3. A person applying for employment or employed as a school bus driver shall not be required to successfully complete an approved course of instruction for school bus drivers unless the school district for which the person drives a school bus requires successful completion of such course.

4. a. A school district may require successful completion of an approved course of instruction for school bus drivers.  An approved course of instruction for school bus drivers includes one or more of the following:

(1) A course of instruction for school bus drivers approved by the department of education.

(2) Entry-level driver training completed in accordance with section 321.188, subsection 1, paragraph “c”, if such training meets the requirements of 49 C.F.R. pt. 380, Appendix C, and 49 C.F.R. pt. 380, Appendix D.

(a) The department of education, in collaboration with the department of transportation, shall adopt rules pursuant to chapter 17A on or before July 1, 2026, establishing requirements for providers of entry-level driver training to comply with this subparagraph.

(b) The rules must provide for minimum training content, contact hours, and proficiency standards, and must establish a standard training course duration that ensures each training course provides all entry-level driver training requirements and specified school bus driver training requirements, including but not limited to training necessary for a passenger endorsement and a school bus endorsement.

(3) Other training as described in a resolution adopted by the school district, which may include but is not limited to certain portions of a course described in subparagraph (1) or (2).

b. If a school district requires successful completion of an approved course of instruction for school bus drivers, a school bus driver shall complete the course before or within the first six months of employment and at least every twenty-four months thereafter.

c. If a school bus driver is required to complete an approved course of instruction for school bus drivers under paragraph “a”, subparagraph (1), and fails to provide an employer with a certificate of completion of the approved course, the employer shall report the failure to the department of education and the department shall revoke the driver's authorization to operate a school bus.  The department of education shall send notice of the revocation to both the person whose school bus authorization has been revoked and the employer.  A person whose school bus authorization has been revoked under this paragraph shall not be issued another authorization until certification of the completion of an approved course is received by the department of education, or until the person becomes a school bus driver in a school district that does not require successful completion of an approved course of instruction for school bus drivers under paragraph “a”, subparagraph (1), and the person is otherwise in compliance with section 321.375 and this section.

5. As used in this section and section 321.375, “driver of a school bus” or “school bus driver” does not include a mechanic, delivery driver, or other person operating an empty school bus for purposes other than the transportation of passengers.  Such persons must still hold a commercial driver's license valid for the operation of a vehicle of the size and type operated, including a passenger endorsement, but are not required to hold a driver's license with a school bus endorsement.

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Cite this article: FindLaw.com - Iowa Code Title VIII. Transportation [Chs. 306-330B] § 321.376. License--authorization--instruction requirement - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-viii-transportation-chs-306-330b/ia-code-sect-321-376/

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