WEST virginia legislature

2021 regular session

Committee Substitute

for

House Bill 2267

By Delegate Toney

[Introduced February 10, 2021]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-15, relating to authorizing recruitment and training programs for prospective bus operators; providing required approval, limitations and elements of locally funded recruitment and training programs; establishing no entitlement to employment upon completion of the program; and not permitting seniority to accrue for time spent during completion of the program.

Be it enacted by the Legislature of West Virginia:

Article 2. School personnel.

§18A-2-15. County option recruitment and training programs for prospective school bus operators.

(a) The legislature finds that recruiting and retaining bus operators, including substitute bus operators, is a substantial challenge for county boards of education.  Accordingly, county boards of education are hereby permitted to establish locally funded recruitment and training programs for prospective bus operators in accordance with this section.

(b) County board funded recruitment and training programs for prospective bus operators are subject to the following:

(1) The program is submitted to the West Virginia Department of Education and is approved;

(2) The program may only be utilized if the county board is unable to maintain an adequate number of bus operators or substitute bus operators in its pool or is experiencing a shortage in adequately staffing its school transportation system;

(3) The program includes requirements for program participants to submit to and pass pursuant to §18A-4-8e(j)(4) of this code, a background check, and submit to and pass pursuant to W. Va. §126CSR92, the West Virginia School Bus Transportation Policy and Procedures Manual (Policy 4336), a drug screen;

(4) The program specifies the amount of any stipend to be paid to program participants or any reimbursement of participant costs or other benefit upon successful completion, if any, and any penalties for failure to complete the program, if any;

(5) The program specifies any obligation on participants who successfully complete the program to apply or become employed by the county board as a bus operator or substitute bus operator for a period of time, if any, and any penalty for failure to comply with any post program completion requirements, if any;

(6) The county board posts bus operator training program position openings on the county board web site and may advertise them in other media, including any appropriate qualifications;

(c) A bus operator recruitment and training program approved by the Department of Education must ensure that all of the requirements to become classified as a bus operator are met for successful program completion.

(d) Completion of a county board bus operator recruitment and training program does not entitle a participant to employment as a bus operator or substitute bus operator for the county board providing the program. The person may attain regular employment status only upon successful application in accordance with this article for an open bus operator or substitute bus operator position with the county.

(e) A person completing a bus operator recruitment training program in accordance with this section does not accrue seniority for time spent in the training program. 

NOTE: The purpose of this bill is to authorize County Boards of Education to establish recruitment and training programs for prospective bus operators at county expense.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.