2005 Idaho Code - 33-1509 — SCHOOL BUS DRIVERS -- DEFINITION -- QUALIFICATION -- DUTIES

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 15
                           TRANSPORTATION OF PUPILS
    33-1509.  SCHOOL BUS DRIVERS -- DEFINITION -- QUALIFICATION -- DUTIES. For
the purpose of this chapter the term "school bus driver" shall mean any person
who at any time is operating a school bus while transporting pupils to or from
school, or to or from approved school activities.
    A board of trustees shall employ school bus drivers only upon prior
application in writing and the board shall require of school bus drivers
employed by others who transport pupils of their district under contract, the
same information required in such written application. Each application shall
contain at least the minimum information specified by the state department of
education.
    Any person employed as a school bus driver shall be over the age of
eighteen (18) years, be of good moral character and not addicted to the use of
intoxicants or narcotics. School bus drivers shall meet the physical
examination standards of the federal motor carrier safety regulations.
Provided however, that individuals with insulin-dependent diabetes mellitus,
who are otherwise medically qualified under the physical examination standards
of the federal motor carrier safety regulations, may request a waiver for this
condition from the state department of education. If the applicant meets the
requirements as specified in subsections (1) through (7) of this section, the
department shall grant a waiver. The department shall notify each applicant
and each affected school district of its determination of eligibility with
regard to each application for a waiver. An applicant shall:
    (1)  Document that he has no other disqualifying conditions including
diabetes-related complications;
    (2)  Document that he has had no recurring, two (2) or more, hypoglycemic
reactions resulting in a loss of consciousness or seizure within the past five
(5) years. A period of one (1) year of demonstrated stability is required
following the first episode of hypoglycemia;
    (3)  Document that he has had no recurrent hypoglycemic reactions
requiring the assistance of another person within the past five (5) years. A
period of one (1) year of demonstrated stability is required following the
first episode of hypoglycemia;
    (4)  Document that he has had no recurrent hypoglycemic reactions
resulting in impaired cognitive function that occurred without warning
symptoms within the past five (5) years. A period of one (1) year of
demonstrated stability is required following the first episode of
hypoglycemia;
    (5)  Document that he has been examined by a board-certified or
board-eligible endocrinologist who has conducted a complete medical
examination. The complete medical examination shall consist of a comprehensive
evaluation of the applicant's medical history and current status with a report
including the following information:
    (a)  The date insulin use began;
    (b)  Diabetes diagnosis and disease history;
    (c)  Hospitalization records;
    (d)  Consultation notes for diagnostic examinations;
    (e)  Special studies pertaining to the diabetes;
    (f)  Follow-up reports;
    (g)  Reports of any hypoglycemic insulin reactions within the last five
    (5) years;
    (h)  Two (2) measures of glycosylated hemoglobin, the first ninety (90)
    days before the last and current measure;
    (i)  Insulin dosages and types, diet utilized for control and any
    significant factors such as smoking, alcohol use, and other medications or
    drugs taken; and
    (j)  Examinations to detect any peripheral neuropathy or circulatory
    insufficiency of the extremities;
    (6)  Submit a signed statement from an examining endocrinologist
indicating the following medical determinations:
    (a)  The endocrinologist is familiar with the applicant's medical history
    for the past five (5) years, either through actual treatment over that
    time or through consultation with a physician who has treated the
    applicant during that time;
    (b)  The applicant has been educated in diabetes and its management,
    thoroughly informed of and understands the procedures which must be
    followed to monitor and manage the applicant's diabetes and what
    procedures should be followed if complications arise; and
    (c)  The applicant has the ability and has demonstrated willingness to
    properly monitor and manage the applicant's diabetes; and
    (7)  Submit a separate signed statement from an ophthalmologist or
optometrist that the applicant has been examined and that the applicant does
not have diabetic retinopathy and meets the vision standard in 49 CFR
391.41(b)(10), or has been issued a valid medical exemption. If the applicant
has any evidence of diabetic retinopathy, the applicant must be examined by an
ophthalmologist and submit a separate signed statement from the
ophthalmologist that the applicant does not have unstable advancing disease of
blood vessels in the retina, known as unstable proliferative diabetic
retinopathy.
Before entering upon his duties, each school bus driver shall file with the
board of trustees a current health certificate. Subsequent health certificates
shall be filed with the frequency required by the federal motor carrier safety
regulations. School bus drivers shall be physically able to perform all
job-related duties.
    Each school bus driver shall at all times possess a valid and appropriate
commercial driver's license, including endorsements as specified in section
49-105, Idaho Code, and if applicable, a waiver for insulin-dependent diabetes
mellitus issued by the state department of education.
    Each school bus driver shall maintain such route books and other records
as may be required by the state department of education or by the board of
trustees of the school district. The school bus driver shall report any pupil
whose behavior is such as may endanger the operation of the vehicle, or who
damages the same or any part thereof, or whose language is obscene.
    It shall be the duty of each school bus driver to report any condition on,
or bordering, his route which constitutes a hazard to the safety of the pupils
being transported.
    The state department of education shall promulgate rules as necessary for
the determination of eligibility and issuance of a waiver to individuals with
insulin dependent diabetes mellitus in accordance with the provisions of this
section.