School Districts ARE NOT exempt the requirements of Drug & Alcohol Testing as set forth in 49 CFR Part 40.
When accepting job applications for prospective school bus drivers your job application should include a 10 year prior history. 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.
You as an employer are mandated by federal law to check a prospective employee’s CDL drug and alcohol testing history with any previous employer (required to do testing) who employed the person during the previous three years. (49 CRF 382.413)
Effective January 6, 2020, employers must conduct a full query of the FMCSA (Federal Motor Carrier Safety Administration) Drug and Alcohol Clearinghouse for these records, however since the clearinghouse does not contain records prior to this date, employers shall also obtain the prospective employee’s written consent to seek the information from employers until January 6, 2023. The Safety Performance History Records Request form may be used for this requirement.
Safety Performance History Records Request (PDF) Form which can be used to obtain mandated drug and alcohol testing results from previous employers. This form will be used in conjunction with the FMCSA Drug and Alchol Clearing House until January 6, 2022.
The prospective employee must list all previous and current employers on the Safety Performance History Records Request form for the previous 3 years, which would not be covered by the FMCSA clearing house which began January 6, 2020. If the prospective employee refuses to list previous employers or refuses to sign the form, you cannot hire or allow the person drive for you.
A separate Safety Performance History Records Request form for each past employer is required until January 6, 2023, for the previous 3 year period not be covered by the FMCSA clearing house which began January 6, 2020.
If the prospective employee has failed an alcohol and/or drug test AT ANY TIME in the past, the prospective employee is not eligible to drive an activity/school bus or any commercial motor vehicle until this individual completes SAP (Substance Abuse Program) and return-to-duty requirements in 49 CFR Part 40.
Your C/TPA (Consortium/Third-Party Administrator) should be able to help you locate a SAP provider.
Beginning in 2020, employers are mandated to run yearly limited queries on all CDL employees through FMCSA Drug and Alcohol Clearinghouse.
Given the complexity of the DOT’s drug and alcohol testing requirements, it is strongly suggested and recommended school districts hire a C/TPA (Consortium/Third-Party Administrator) to help manage their federally mandated CDL alcohol and drug testing program.
Post Accident Information
Post-Accident Drug & Alcohol Testing Flow Chart (PDF) Post-Accident Alcohol and Drug Testing for Kansas School Bus Drivers involved in an accident.
CBD Oil & Products
DOT Office of Drug and Alcohol Policy and Compliance Notice (PDF) Information regarding CBD Oil and Products and its effects on mandated drug and alcohol testing under 49 CFR part 40 for Kansas school bus drivers holding a CDL.
FMCSA Drug & Alcohol Clearing House
Basic Drug & Alcohol Information for School Districts (PDF) School District Responsibilities and Information
Employer Instructions on Registering for FMCSA Drug and Alcohol Clearinghouse (PDF) Step by step instructions
Driver Instructions on Registering for FMCSA Drug and Alcohol Clearinghouse (PDF) step by step instructions
What Employers Need To Know About DOT Drug and Alcohol Testing (PDF) Guidance and Best Practices published by
the U.S. Department of Transportation
General Consent for Limited Queries of the FMCSA (Federal Motor Carrier Safety Administration) Drug and Alcohol Clearinghouse
Sample form for Consent for Limited Queries
Frequently Asked Questions FMCSA website
School Bus Safety Director
School Bus Safety Assistant Director
School Bus Training Coordinator
Senior Administrative Assistant
The Kansas State Department of Education does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities. (more information...)
To accommodate people with disabilities, on request, auxiliary aides and services will be provided and reasonable modifications to policies and programs will be made. To request accommodations or for more information please contact the Office of General Counsel at email@example.com or by 785-296-3201.