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application to the prospective or current employer along with |
the necessary fingerprint submission as required by the |
Illinois State Police to conduct fingerprint-based criminal |
background checks on current and future information available |
in the State system and current information available through |
the Federal Bureau of Investigation's system. Applicants who |
have completed the fingerprinting requirements shall not be |
subjected to the fingerprinting process when applying for |
subsequent permits or submitting proof of successful |
completion of the annual refresher course. Individuals who on |
July 1, 1995 (the effective date of Public Act 88-612) possess |
a valid school bus driver permit that has been previously |
issued by the appropriate Regional School Superintendent are |
not subject to the fingerprinting provisions of this Section |
as long as the permit remains valid and does not lapse. The |
applicant shall be required to pay all related application and |
fingerprinting fees as established by rule, including, but not |
limited to, the amounts established by the Illinois State |
Police and the Federal Bureau of Investigation to process |
fingerprint-based criminal background investigations. All fees |
paid for fingerprint processing services under this Section |
shall be deposited into the State Police Services Fund for the |
cost incurred in processing the fingerprint-based criminal |
background investigations. All other fees paid under this |
Section shall be deposited into the Road Fund for the purpose |
of defraying the costs of the Secretary of State in |
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administering this Section. All applicants must: |
1. be 21 years of age or older; |
2. possess a valid and properly classified driver's |
license issued by the Secretary of State; |
3. possess a valid driver's license, which has not |
been revoked, suspended, or canceled for 3 years |
immediately prior to the date of application, or have not |
had his or her commercial motor vehicle driving privileges |
disqualified within the 3 years immediately prior to the |
date of application; |
4. successfully pass a first division or second |
division written test, administered by the Secretary of |
State, on school bus operation, school bus safety, and |
special traffic laws relating to school buses and submit |
to a review of the applicant's driving habits by the |
Secretary of State at the time the written test is given; |
5. demonstrate ability to exercise reasonable care in |
the operation of school buses in accordance with rules |
promulgated by the Secretary of State; |
6. demonstrate physical fitness to operate school |
buses by submitting the results of a medical examination, |
including tests for drug use for each applicant not |
subject to such testing pursuant to federal law, conducted |
by a licensed physician, a licensed advanced practice |
registered nurse, or a licensed physician assistant within |
90 days of the date of application according to standards |
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promulgated by the Secretary of State; |
7. affirm under penalties of perjury that he or she |
has not made a false statement or knowingly concealed a |
material fact in any application for permit; |
8. have completed an initial classroom course, |
including first aid procedures, in school bus driver |
safety as promulgated by the Secretary of State and, after |
satisfactory completion of said initial course, an annual |
refresher course; such courses and the agency or |
organization conducting such courses shall be approved by |
the Secretary of State; failure to complete the annual |
refresher course shall result in cancellation of the |
permit until such course is completed; |
9. not have been under an order of court supervision |
for or convicted of 2 or more serious traffic offenses, as |
defined by rule, within one year prior to the date of |
application that may endanger the life or safety of any of |
the driver's passengers within the duration of the permit |
period; |
10. not have been under an order of court supervision |
for or convicted of reckless driving, aggravated reckless |
driving, driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or |
any combination thereof, or reckless homicide resulting |
from the operation of a motor vehicle within 3 years of the |
date of application; |
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11. not have been convicted of committing or |
attempting to commit any one or more of the following |
offenses: (i) those offenses defined in Sections 8-1, |
8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, |
10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, |
11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, |
11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, |
11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, |
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-22, |
11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, |
12-3.1, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, |
12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, |
12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, |
12-14, 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, |
12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, |
18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, |
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, |
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1, |
33A-2, and 33D-1, in subsection (A), clauses (a) and (b), |
of Section 24-3, and those offenses contained in Article |
29D of the Criminal Code of 1961 or the Criminal Code of |
2012; (ii) those offenses defined in the Cannabis Control |
Act except those offenses defined in subsections (a) and |
(b) of Section 4, and subsection (a) of Section 5 of the |
Cannabis Control Act; (iii) those offenses defined in the |
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Illinois Controlled Substances Act; (iv) those offenses |
defined in the Methamphetamine Control and Community |
Protection Act; (v) any offense committed or attempted in |
any other state or against the laws of the United States, |
which if committed or attempted in this State would be |
punishable as one or more of the foregoing offenses; (vi) |
the offenses defined in Section 4.1 and 5.1 of the Wrongs |
to Children Act or Section 11-9.1A of the Criminal Code of |
1961 or the Criminal Code of 2012; (vii) those offenses |
defined in Section 6-16 of the Liquor Control Act of 1934; |
and (viii) those offenses defined in the Methamphetamine |
Precursor Control Act; |
12. not have been repeatedly involved as a driver in |
motor vehicle collisions or been repeatedly convicted of |
offenses against laws and ordinances regulating the |
movement of traffic, to a degree which indicates lack of |
ability to exercise ordinary and reasonable care in the |
safe operation of a motor vehicle or disrespect for the |
traffic laws and the safety of other persons upon the |
highway; |
13. not have, through the unlawful operation of a |
motor vehicle, caused a crash resulting in the death of |
any person; |
14. not have, within the last 5 years, been adjudged |
to be afflicted with or suffering from any mental |
disability or disease; |
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15. consent, in writing, to the release of results of |
reasonable suspicion drug and alcohol testing under |
Section 6-106.1c of this Code by the employer of the |
applicant to the Secretary of State; and |
16. not have been convicted of committing or |
attempting to commit within the last 20 years: (i) an |
offense defined in subsection (c) of Section 4, subsection |
(b) of Section 5, and subsection (a) of Section 8 of the |
Cannabis Control Act; or (ii) any offenses in any other |
state or against the laws of the United States that, if |
committed or attempted in this State, would be punishable |
as one or more of the foregoing offenses. |
(a-5) If an applicant's driver's license has been |
suspended within the 3 years immediately prior to the date of |
application for the sole reason of failure to pay child |
support, that suspension shall not bar the applicant from |
receiving a school bus driver permit. |
(a-10) By January 1, 2024, the Secretary of State, in |
conjunction with the Illinois State Board of Education, shall |
develop a separate classroom course and refresher course for |
operation of vehicles of the first division being operated as |
school buses. Regional superintendents of schools, working |
with the Illinois State Board of Education, shall offer the |
course. |
(b) A school bus driver permit shall be valid for a period |
specified by the Secretary of State as set forth by rule. It |
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shall be renewable upon compliance with subsection (a) of this |
Section. |
(c) A school bus driver permit shall contain the holder's |
driver's license number, legal name, residence address, zip |
code, and date of birth, a brief description of the holder, and |
a space for signature. The Secretary of State may require a |
suitable photograph of the holder. |
(d) The employer shall be responsible for conducting a |
pre-employment interview with prospective school bus driver |
candidates, distributing school bus driver applications and |
medical forms to be completed by the applicant, and submitting |
the applicant's fingerprint cards to the Illinois State Police |
that are required for the criminal background investigations. |
The employer shall certify in writing to the Secretary of |
State that all pre-employment conditions have been |
successfully completed including the successful completion of |
an Illinois specific criminal background investigation through |
the Illinois State Police and the submission of necessary |
fingerprints to the Federal Bureau of Investigation for |
criminal history information available through the Federal |
Bureau of Investigation system. The applicant shall present |
the certification to the Secretary of State at the time of |
submitting the school bus driver permit application. |
(e) Permits shall initially be provisional upon receiving |
certification from the employer that all pre-employment |
conditions have been successfully completed, and upon |
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successful completion of all training and examination |
requirements for the classification of the vehicle to be |
operated, the Secretary of State shall provisionally issue a |
School Bus Driver Permit. The permit shall remain in a |
provisional status pending the completion of the Federal |
Bureau of Investigation's criminal background investigation |
based upon fingerprinting specimens submitted to the Federal |
Bureau of Investigation by the Illinois State Police. The |
Federal Bureau of Investigation shall report the findings |
directly to the Secretary of State. The Secretary of State |
shall remove the bus driver permit from provisional status |
upon the applicant's successful completion of the Federal |
Bureau of Investigation's criminal background investigation. |
(f) A school bus driver permit holder shall notify the |
employer and the Secretary of State if he or she is issued an |
order of court supervision for or convicted in another state |
of an offense that would make him or her ineligible for a |
permit under subsection (a) of this Section. The written |
notification shall be made within 5 days of the entry of the |
order of court supervision or conviction. Failure of the |
permit holder to provide the notification is punishable as a |
petty offense for a first violation and a Class B misdemeanor |
for a second or subsequent violation. |
(g) Cancellation; suspension; notice and procedure. |
(1) The Secretary of State shall cancel a school bus |
driver permit of an applicant whose criminal background |
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investigation discloses that he or she is not in |
compliance with the provisions of subsection (a) of this |
Section. |
(2) The Secretary of State shall cancel a school bus |
driver permit when he or she receives notice that the |
permit holder fails to comply with any provision of this |
Section or any rule promulgated for the administration of |
this Section. |
(3) The Secretary of State shall cancel a school bus |
driver permit if the permit holder's restricted commercial |
or commercial driving privileges are withdrawn or |
otherwise invalidated. |
(4) The Secretary of State may not issue a school bus |
driver permit for a period of 3 years to an applicant who |
fails to obtain a negative result on a drug test as |
required in item 6 of subsection (a) of this Section or |
under federal law. |
(5) The Secretary of State shall forthwith suspend a |
school bus driver permit for a period of 3 years upon |
receiving notice that the holder has failed to obtain a |
negative result on a drug test as required in item 6 of |
subsection (a) of this Section or under federal law. |
(6) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving |
notice from the employer that the holder failed to perform |
the inspection procedure set forth in subsection (a) or |
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(b) of Section 12-816 of this Code. |
(7) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving |
notice from the employer that the holder refused to submit |
to an alcohol or drug test as required by Section 6-106.1c |
or has submitted to a test required by that Section which |
disclosed an alcohol concentration of more than 0.00 or |
disclosed a positive result on a National Institute on |
Drug Abuse five-drug panel, utilizing federal standards |
set forth in 49 CFR 40.87. |
The Secretary of State shall notify the State |
Superintendent of Education and the permit holder's |
prospective or current employer that the applicant (1) has |
failed a criminal background investigation or (2) is no longer |
eligible for a school bus driver permit; and of the related |
cancellation of the applicant's provisional school bus driver |
permit. The cancellation shall remain in effect pending the |
outcome of a hearing pursuant to Section 2-118 of this Code. |
The scope of the hearing shall be limited to the issuance |
criteria contained in subsection (a) of this Section. A |
petition requesting a hearing shall be submitted to the |
Secretary of State and shall contain the reason the individual |
feels he or she is entitled to a school bus driver permit. The |
permit holder's employer shall notify in writing to the |
Secretary of State that the employer has certified the removal |
of the offending school bus driver from service prior to the |
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start of that school bus driver's next work shift. An |
employing school board that fails to remove the offending |
school bus driver from service is subject to the penalties |
defined in Section 3-14.23 of the School Code. A school bus |
contractor who violates a provision of this Section is subject |
to the penalties defined in Section 6-106.11. |
All valid school bus driver permits issued under this |
Section prior to January 1, 1995, shall remain effective until |
their expiration date unless otherwise invalidated. |
(h) When a school bus driver permit holder who is a service |
member is called to active duty, the employer of the permit |
holder shall notify the Secretary of State, within 30 days of |
notification from the permit holder, that the permit holder |
has been called to active duty. Upon notification pursuant to |
this subsection, (i) the Secretary of State shall characterize |
the permit as inactive until a permit holder renews the permit |
as provided in subsection (i) of this Section, and (ii) if a |
permit holder fails to comply with the requirements of this |
Section while called to active duty, the Secretary of State |
shall not characterize the permit as invalid. |
(i) A school bus driver permit holder who is a service |
member returning from active duty must, within 90 days, renew |
a permit characterized as inactive pursuant to subsection (h) |
of this Section by complying with the renewal requirements of |
subsection (b) of this Section. |
(j) For purposes of subsections (h) and (i) of this |
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Section: |
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Service member" means a member of the Armed Services or |
reserve forces of the United States or a member of the Illinois |
National Guard. |
(k) A private carrier employer of a school bus driver |
permit holder, having satisfied the employer requirements of |
this Section, shall be held to a standard of ordinary care for |
intentional acts committed in the course of employment by the |
bus driver permit holder. This subsection (k) shall in no way |
limit the liability of the private carrier employer for |
violation of any provision of this Section or for the |
negligent hiring or retention of a school bus driver permit |
holder. |
(l) The Secretary may adopt rules to implement this |
Section. |
(Source: P.A. 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; |
102-538, eff. 8-20-21; 102-726, eff. 1-1-23; 102-813, eff. |
5-13-22; 102-982, eff. 7-1-23; 102-1130, eff. 7-1-23; 103-605, |
eff. 7-1-24; 103-825, eff. 1-1-25.)
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(625 ILCS 5/11-1414.1) (from Ch. 95 1/2, par. 11-1414.1) |
Sec. 11-1414.1. School transportation of students. |
(a) Every student enrolled in grade 12 or below in any |
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entity listed in subsection (a) of Section 1-182 of this Code |
must be transported in a school bus or a vehicle described in |
subdivision (1) or (2) of subsection (b) of Section 1-182 of |
this Code for any curriculum-related school activity, except a |
student in any of grades 9 through 12 or a student in any of |
grades K through 12 with an Individualized Education Plan |
(IEP) with a staff to student ratio of 1 to 5, and attending |
Acacia Academy, Alexander Leigh, Marklund, Helping Hands |
Center, Connections Organization, Soaring Eagle Academy, or |
New Horizon Academy may be transported in a multifunction |
multi-function school activity bus (MFSAB) as defined in |
Section 1-148.3a-5 of this Code for any curriculum-related |
activity except for transportation on regular bus routes from |
home to school or from school to home. The use of a MFSAB for |
curriculum-related activities is , subject to the following |
conditions: |
(i) A MFSAB may not be used to transport students |
under this Section unless the driver holds a valid school |
bus driver permit. |
(ii) The use of a MFSAB under this Section is subject |
to the requirements of Sections 6-106.11, 6-106.12, |
12-707.01, 13-101, and 13-109 of this Code. |
"Curriculum-related school activity" as used in this |
subsection (a) includes transportation from home to school or |
from school to home, tripper or shuttle service between school |
attendance centers, transportation to a vocational or career |
|
center or other trade-skill development site or a regional |
safe school or other school-sponsored alternative learning |
program, or a trip that is directly related to the regular |
curriculum of a student for which he or she earns credit. |
(b) Every student enrolled in grade 12 or below in any |
entity listed in subsection (a) of Section 1-182 of this Code |
who is transported in a vehicle that is being operated by or |
for a public or private primary or secondary school, including |
any primary or secondary school operated by a religious |
institution, for an interscholastic, |
interscholastic-athletic, or school-sponsored, |
noncurriculum-related activity that (i) does not require |
student participation as part of the educational services of |
the entity and (ii) is not associated with the students' |
regular class-for-credit schedule shall transport students |
only in a school bus or vehicle described in subsection (b) of |
Section 1-182 of this Code. A student participating in an |
agrarian-related activity may also be transported in a second |
division pick-up truck registered under paragraph 7 of |
subsection (b) of Section 3-808.1. For purposes of this |
subsection, "pick-up truck" means a truck weighing 12,000 |
pounds or less with an enclosed cabin that can seat up to 6 |
passengers with seatbelts, including the driver, and an open |
cargo area. This subsection (b) does not apply to any second |
division vehicle used by an entity listed in subsection (a) of |
Section 1-182 of this Code for a parade, homecoming, or a |