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Alcohol & Drug Testing Information

When accepting job applications for prospective school bus drivers your job application should include a 10 year prior history and you must check the person’s CDL drug and alcohol testing history with any previous employer (required to do testing) who employed the person during the previous two years. (49 CRF Part 40)

Per KAR 91-38-6, a governing body shall not employ or retain to transport students any person who discloses or whose driving record indicates that, within the past 10 years, the person has been convicted of DUI.

The school district must get the prospective employee’s written consent to seek the information from these employers. The person must list all previous and current employers within the last two years. If the person doesn’t list previous employers or refuses to sign the consent form, you cannot allow the person drive for you. The consent must be a specific release authorizing the new employer to receive testing information from a specific former or current employer about a specific employee. A separate release form for each past employer in the previous two years is required.

Sample Consent for Alcohol and Drug Testing  (May be printed on School District Letterhead)

If the prospective employee has had a failure of an alcohol and or drug test AT ANY TIME in the past the prospective employee is not eligible to drive a school bus until this individual completes a SAP (Substance Abuse Program) return-to-duty requirements in 49 CFR Part 40.

After successfully completing the SAP requirements, the employee may be eligible to return to driving a school bus. But, before an employer can return the person to driving a school bus, a SAP must determine that the employee successfully complied with the recommended treatment and education. The employee must then have a return-to-duty test and the test result must be negative.

The SAP will also develop the employee’s follow-up testing plan – outlining for the employer the number and frequency of follow-up testing that will take place.

You are then responsible for ensuring that the employee is tested according to the SAP’s follow-up plan. These tests can be for drugs or alcohol or both.

The SAP must direct at least 6 follow-up tests in the first 12 months after the person returns safety-sensitive duties. However, the SAP can direct more tests and may extend them for up to five years.
School Bus Contract Providers should be aware of their requirements under FMCSRs (Federal Motor Carrier Safety Regulations).

Your alcohol and drug testing contract provider (if you are using one) should be able to help you locate a SAP provider.

School Districts are not exempt the requirements of Alcohol and Drug Testing as set forth in 49 CFR Part 40.

Medical Self-Certification

Medical Certification will be part of the CDL with the implementation of the new Motor Vehicle Operating System which is being developed for the issuance of all Driver's Licenses. Any person applying for a CDL on or after January 30, 2012 must certify with the State's Driver's License Agency to one of four categories or certify no later than January 30, 2014, whichever comes first.

2/1/2014 MORE UPDATED INFORMATION

  • The extension granted by the Federal Motor Carrier Safety Administration (FMCSA) requires drivers to carry their DOT medical card for another year which allows them to not be placed out of service.
  • Kansas has been granted a grace period by FMCSA to give due process to the drivers who have not certified and to get the information into the Kansas system. Kansas Department of Revenue (KDOR) will begin batching letters out in smaller groups which will give the drivers who have not completed the process 60 days from the date of the letter to do so. The process will probably take the next 4-6 months to complete. In that time frame, KHP will not be ticketing drivers if they are carrying the medical card or operating correctly in the other 3 categories.
  • If a driver does not comply at the end of the 60 days, their CDL will be downgraded to a non-commercial license. However, if the driver comes in any time within the next 12 months from the date of the downgrade and completes the medical certification, his/her CDL privileges will be restored without having to retest. Any time after that, the person would have to go through full testing to obtain their CDL privileges. There is no actual monetary penalty unless the driver is operating on a downgraded license or outside the category they selected. In that instance, they would be cited accordingly.
  • To check status, a driver can request their MVR from the web address at http://www.ksrevenue.org/dmvdrivercontrol.html KDOR is still working on programming for the free driver license status check. The driver can also email: medical.certification@kdor.ks.gov  and someone will respond to their request. The MVR or driving record will only show a certified status for the drivers who selected Category 1 and are required to carry the DOT card. For individuals selecting category #2 it will show N/A.
  • A driver can change from a category 1 to a category 2 or vice versa at any time by using the on-line or paper form.
  • The Kansas Department of Revenue has advised us that after your initial self-certification you will have to recertify when:

     

    1.       Anytime you change categories.

    2.       Anytime you renew your CDL.

    3.       Anytime you upgrade your CDL class. (go from a class B to a class A)

    4.       Anytime you add endorsements to your CDL

    5.       Anytime your medical card expires if you are a category 1.

    It is important for CDL holders to understand which category they fall into.

You may certify using the Kansas Department of Revenue on-line certification form.
Kansas Department of Revenue on-line Certification Form

You may also certify using a paper form http://www.ksrevenue.org/pdf/cdl_med_cert.pdf (only first page needed if selecting category #2)
and mailing or faxing to:
Driver Licensing
Docking State Office Building
Attn: Medical Cert
P.O. Box 2188
Topeka, KS 66601
Fax: 785-296-5859

Click on links below for more information:

 

Frequently Asked Questions About Medical Self Certification
(Kansas Department of Revenue)


Medical Certificate part of CDL (PDF)

Physicals

Per K.A.R. 91-38-6, the physical requirement shall be those found in the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) regulation 49 C.F.R. 391.41 which states .“A person subject to this part must not operate a commercial motor vehicle (in our case a school/activity bus and or school vehicle) unless he or she is medically certified as physically qualified to do so”. The Kansas Department of Education is committed to having Kansas School/Activity Bus and or School Vehicle Drivers be medically certified and physically qualified and has no intention of deviating from this requirement.

School/Activity Bus Drivers and School Vehicle Drivers, who are employed by a school district and have not declared category #1 on their medical self-certification may use the exception for government entities found in 49 CFR 390.3 and have their family physician or other medical examiner of their choice, who is not on the National Registry of Certified Medical Examiners perform the physical. Please continue to use the FMCSA Medical Applications and Forms for these physicals. We have also developed a Doctor Notification to help drivers with this exemption.

 
391.41 Regulation

Federal Medical Examiners Report (PDF)

Federal Medical Examiners Certificate (PDF)

Frequently Asked Questions Regarding Physical

National Registry of Certified Medical Examiners FAQs

Find a Certified Medical Examiner 
(This link also contains information for Doctors on how to be part of the National Registry)

Driver Medical Fitness for Duty

Find a medical examiner
   
Download Forms 

Frequently Asked Questions about Driver Medical Requirements

Medications and Commercial Driving

Information for drivers with missing or impaired limbs

Information for drivers with Diabetes or Visual Impairments 

Kansas Physical Waiver Information (PDF)

Kansas Motor Carrier Website which contains guidance documents from the National Trucking Association on sleep apnea and choosing a medical examiner.

 

Commercial Drivers License

An "S" endorsement is required on a Commercial Driver's License (CDL) for the operation of a school bus.  To obtain the endorsement you will have to pass a "S" endorsement knowledge test and a road test in a school bus representative of the type of school bus you will be driving.  If you don't already have the "P" endorsement, you will have to pass the "P" endorsement knowledge test.  More information on the "S" endorsement can be found by clicking on the link below.

S Endorsement (PDF)

Kansas Department of Revenue Driver Control maintains driving records and processess changes to driving privileges such as restrictions, suspensions, revoked licenses and reinstated licenses.  Driver Control can assist you with the following regarding Kansas drivers' licenses or driving records:

  • Address Change Online
  • Copies of Driving Records Online
  • Forms Online
  • Frequently asked questions on moving violations, convictions, accidents or proof of insurance
  • How to read and view Kansas Driving Records
  • Information on ignition interlock devices
  • Click on the link below for more information and individual web links

Kansas Department of Revenue Driver Control

Commercial Learners Permit (CLP) 49 CFR 383.25

Kansas Commercial Drivers License Manual from the Kansas Department of Revenue
Kansas CDL Manual (PDF)

Tuberculosis Testing

K.S.A. 72-5213 requires employees of the school district, who come in regular contact with the pupils of the school district, to submit a certification of health and this certificate shall establish the employee is free from tuberculosis.

Kansas Department of Health & Environment Tuberculosis Control Program

Certification of Health for School Personnel (PDF) -- This form is to be completed by the applicant, or employee, and signed by a Licensed Physician stating that the individual has been tested for Tuberculoses pursuant to K.S.A. 72-5213. 

School Bus Safety Director
Keith Dreiling
785-296-4567
785-296-6659 (fax)
kdreiling@ksde.org

School Bus Safety Assistant Director
Dennis Tate
785-296-4545
dtate@ksde.org

Questions about this page contact:
Wilma Crabtree
785-296-3551
wcrabtree@ksde.org

Deb Romine
785-296-3570
dromine@ksde.org

 

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