Section R13-13-103. Qualification of Classroom and Behind-the-wheel Instructors

A.      To be qualified as a classroom instructor, an individual shall:

1.        Submit to the Department through the employer, the fol- lowing two letters:

a.         A letter from, signed, and dated by the individual that states the individual's:

i.         Name, home address, and home phone number;

ii.        Social Security number;

iii.      Date of birth;

iv.       Current employer's name, address, and phone number;

v.        Dates of all previous letters submitted under this subsection; and

b.        A letter from the current employer recommending that the individual be considered as a classroom instructor; and

2.        Pass a written examination standardized by the Depart- ment:

a.         The written examination shall consist of a combina- tion of 50 true or false, multiple choice, and fill-in- the-blank questions. The examination questions shall cover the topics listed in R13-13-102(F)(1).

b.        Each question has a value of two points. To pass the examination, an individual shall receive a score that equals or exceeds 90% of the total possible score.

c.         If an individual taking the written examination is unable to read or speak English, the employer shall arrange to have the examination administered orally in the language with which the individual is most familiar.

d.        If an individual does not pass the examination, the individual may take a second examination that is dif- ferent from the first examination.

e.         If an individual fails to pass the second examination, the individual may receive further consideration by submitting again the letters required by subsection (A)(1) and taking the written examination required by this subsection.

f.         The employer shall submit each individual's exam- ination score to the Department within seven days from the date of the examination.

B.       To remain qualified as a classroom instructor, a classroom instructor shall teach a minimum of 12 hours of classroom or refresher training every 24 months from the date the classroom instructor is first recognized by the Department as qualified.

C.      To be qualified as a behind-the-wheel instructor, an individual shall:

1.        Be certified continuously as a school bus driver in Ari- zona for the 12 months immediately before submitting the letters described in subsection (C)(2) and be employed as a certified school bus driver at the time of qualification as a behind-the-wheel instructor;

2.        Submit to the Department through the employer, the fol- lowing two letters:

a.         A letter from, signed, and dated by the individual that states the individual's:

i.         Name, home address, and home phone number;

ii.        Social Security number;

iii.      Commercial driver license number;

iv.       Current employer's name, address, and phone number;

v.        Dates of all previous letters submitted under this subsection; and

b.        A letter from the current employer recommending that the individual be considered as a behind-the- wheel instructor; and

3.        Pass a written examination standardized by the Depart- ment.

a.         The written examination shall consist of a combina- tion of 50 true or false, multiple choice, and fill-in- the-blank questions. The examination questions shall cover the topics listed in R13-13-102(F)(1).

b.        Each question has a value of two points. To pass the examination, an individual shall receive a score that equals or exceeds 80% of the total possible score.

c.         If an individual is unable to read or speak English, the employer shall arrange to have the examination administered orally in the language with which the individual is most familiar.

d.        If an individual does not pass the examination, the individual may take a second examination that is dif- ferent from the first examination.

e.         If an individual fails to pass the second examination, the individual may receive further consideration by submitting again the letters required by subsection (C)(2) and taking the written examination required by this subsection.

f.         The employer shall submit each individual's exam- ination score to the Department within seven days from the date of the examination.

D.      To remain qualified as a behind-the-wheel instructor, a behind- the-wheel instructor shall maintain certification as a school bus driver in this state and teach a minimum of 12 hours of behind-the-wheel training every 24 months from the date the behind-the-wheel instructor is first recognized by the Depart- ment as qualified.

E.       Records

1.        The employer shall maintain the following records for each classroom and behind-the-wheel instructor for 24 months from the date the instructor is first recognized by the Department as qualified.

a.         Letter submitted under subsection (A)(1)(a) or (C)(2)(a),

b.        Letter of recommendation submitted under subsec- tion (A)(1)(b) or (C)(2)(b), and

c.         Examination score.

2.        The Department shall maintain the documents required under R13-13-102(F)(5) and (I)(4) for 24 months.

F.       The Department shall not recognize an individual as qualified to be a classroom or behind-the-wheel instructor if the individ- ual:

1.        Fails to meet or comply with the requirements of this Article;

2.        Is convicted of or subject to an outstanding warrant for a felony;

3.        Is convicted of or subject to an outstanding warrant for a misdemeanor reasonably related to the occupation of a school bus driver, including:

a.         Civil traffic violation (A.R.S. § 28-1591 et seq.);

b.        Driving under the influence (A.R.S. § 28-1381 et seq.);

c.         Any sexual offense (A.R.S. § 13-1401 et seq.);

d.        Any abuse of a child (A.R.S. § 13-3623); or

e.         Use, sale, or possession of a controlled substance (A.R.S. § 13-3401 et seq.);

4.        Provides false, incomplete, or misleading information to the Department;

5.        Drives or is in actual physical control of a school bus under a circumstance listed in A.R.S. § 28-1381(A); or

6.        Under A.R.S. §§ 28-3301 through 28-3322, has a com- mercial driver's license canceled, suspended, revoked, or denied.

G.      If a classroom or behind-the-wheel instructor is terminated from or leaves employment, the employer shall provide writ- ten notice to the Department within 30 days of the termination or leaving. If a classroom or behind-the-wheel instructor trans- fers employment from one employer to a second employer, within seven days of the transfer the second employer shall provide written notice to the Department of the:

1.        Name of the classroom or behind-the-wheel instructor,

2.        Identification number of the classroom or behind-the- wheel instructor,

3.        Name of the transferring employer, and

4.        Effective date of the transfer.

Historical Note

Adopted effective February 16, 1996 (Supp. 96-1).

Amended by final rulemaking at 7 A.A.R. 2906, effective June 13, 2001 (Supp. 01-2). Amended by final rulemak-

ing at 11 A.A.R. 557, effective March 5, 2005 (Supp. 05-

1). Amended by final rulemaking at 14 A.A.R. 2110,

effective May 8, 2008 (Supp. 08-2). New Section R13- 13-103 recodified from R17-9-103 with Section cross- references revised, at 20 A.A.R. 2083, effective July 25,

2014 (Supp. 14-3).