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568R - Driver Eligibility

The establishment of a driver eligibility list is necessary to address insurance liability and help insure the safe operation of school-owned vehicles by employees. All employees who use a school-owned vehicle will be required to adhere to this regulation. Employees who transport students and other school employees to scheduled school activities or school related activities in personal vehicles must adhere to this regulation. Additionally, approved volunteers who transport school employees or students must adhere to this regulatio

I. Definition

For the purpose of determining eligibility for the driver list, this regulation applies to all employees or approved volunteers who use a school-owned vehicle or a private vehicle to transport students or other school employees.


II. Motor Vehicle Report (MVR)

A. School Bus Drivers

All school bus drivers are subject to the qualifications standards as identified in the Regulations Governing Pupil Transportation, Revised (January 2004), issued by the Virginia Department of Education, and Motor Vehicle Report (MVR) review requirements as mandated by the Commonwealth of Virginia for school bus drivers.

B. Employees or Volunteers Using School-Owned Vehicles

All employees who use a school-owned vehicle will be required to authorize the release of a Motor Vehicle Report (MVR) to Frederick County Public Schools. All approved volunteers who wish to operate a school-owned vehicle will be required to review and sign the “Approved Volunteer Agreement for Operation of School-Owned Vehicles” form and submit a (MVR) with a minimum of five (5) years of verifiable driving experience.

1. For employees who have been residents of Virginia for at least five (5) years, Frederick County Public Schools will send the Authorization for Release of Driving Record/Employee Agreement for Operation of School-Owned Vehicles to the Virginia Department of Motor Vehicles.

2. Employees who are not residents of Virginia, or have been a resident of Virginia for less than five (5) years, will be responsible for obtaining and submitting a copy of their driving record for the previous five (5) years to the office of the director of transportation.

3. Approved volunteers wishing to operate a school-owned vehicle must submit their request to the principal to be approved as a driver and obtain a copy of their Motor Vehicle Report (MVR). It is required that the MVR of a volunteer be a verifiable five-year driving record. The volunteer will be given an “Approved Volunteer Agreement for Operation of School-Owned Vehicles” form to review and sign. The principal will verify the volunteer is an approved volunteer, sign the “Approved Volunteer Agreement for Operation of School-Owned Vehicles” form and forward it along with the volunteer’s MVR to the office of the director of transportation for consideration of placement on the approved drivers’ list.


C. Employees or Volunteers Using Private Vehicles

Employees using private vehicles to transport students or other school employees will be required to authorize the release of a Motor Vehicle Report (MVR) to Frederick County Public Schools.

Volunteers using private vehicles to transport students or other school employees will be required to obtain and submit a copy of their MVR (five-year record) to the office of the director of transportation.

Employees or volunteers using private vehicles will be required to certify a minimum of $300,000 auto liability and property coverage on their vehicle in addition to authorizing and/or providing a MVR.


III. Approved Driver List

Employees and volunteers who hold a MVR meeting the following driver qualification guidelines will be placed on the approved driver list. For the purpose of this section, driver qualifications are determined by the following guidelines:

1. Employees are required to have at least five (5) years of verifiable driving experience or maximum years acquired. Volunteers must have a minimum of five (5) years experience.

2. For a VA license: a point balance of 0 to +5

For any state other than Virginia: a point balance which, if based on the Virginia’s standard, would qualify the individual to be added to the approved list. This determination will be made by comparing the driving record provided by the employee/volunteer to the Moving Violations and Point Assessments brochure provided by the Virginia Department of Motor Vehicles.

3. Complete and submit the school-owned vehicle use agreement or if a volunteer, the Volunteer Agreement for Operation of a School-Owned Vehicles.


IV. Approved Driver List with Restrictions

A. Employees or volunteers who have a MVR disclosing a negative point balance up to a -5 * will be placed on the approved driver list with the following restriction:

Employee or volunteer is prohibited from transporting students or other employees to scheduled school activities or school-related activities
in school division vehicles or personal vehicles.

*For any state other than Virginia, a point balance which, if based on Virginia’s standard, would be negative. This determination will be made by comparing the driving record provided by the employee to the Moving Violations and Point Assessments brochure provided by the Virginia Department of Motor Vehicles.

B. The employee or volunteer will be encouraged to enroll in a Defensive Driving Class in their licensed state. When the employee’s or volunteer’s point balance is no longer negative, the employee or volunteer will be moved to the approved drivers’ list. The employee or volunteer is responsible for providing an updated MVR for this purpose.


V. Unapproved Driver List

A. If an employee or volunteer does not authorize or provide a MVR, the employee or volunteer will NOT be permitted to operate school-owned vehicles.

B. Employees and volunteers are prohibited from using a school-owned vehicle and personal vehicle to transport students or other employees to scheduled school activities or school-related activities in personal vehicles if their driving records (MVR) include, but not limited to, any of the following:

1. A conviction for driving while impaired or under the influence of alcohol or controlled substances.

2. A conviction for vehicular homicide, negligent homicide, or involuntary manslaughter.

3. A conviction for fleeing or attempting to elude a law officer.

4. A conviction for driving without a license, or while one's license is revoked or suspended.

5. A conviction for hit and run or failure to stop after an accident.

6. A conviction for assault with motor vehicle

7. A conviction for use of a motor vehicle in the commission of a felony.

8. Conviction for involvement in 2 or more avoidable accidents during the previous 36 months.

Convictions for multiple driving offenses resulting in a point balance which does not fall within the ranges specified in either Section III or Section IV above.

C. If an employee’s or volunteer’s duties require the use of motor vehicles as part of his/her routine or required assignments, and the employee or volunteer is not on the approved driver list, the employee or volunteer is subject to the conditions described below.

1. The employee or volunteer will be prohibited from transporting students or staff.

2. The employee, if approved by the superintendent, may provide his/her own vehicle and appropriate liability insurance for which reimbursement will be made at the higher rate as provided under Policy 706P, Operations and Finance-Business and Travel Expense. Such approval by the superintendent will allow the employee to provide personal transportation only.

3. The employee may secure transportation in vehicles operated by employees on the approved list.

4. The employee may be terminated if no other effective transportation alternative is suitable to the school system.


VI. Committee for Review of Driver Qualification

A. Membership

The Committee for Review of Driver Qualification will be composed of the director of transportation, supervisor of driver operations, and the executive director of human resources or the assistant director of human resources.

B. Procedures

1. If the MVR search discloses a driving record which does not meet the guidelines set forth in Section III above, the MVR will be reviewed by a minimum of two members of the Committee for Review of Driver Qualification. Following a thorough review of the MVR and any additional pertinent information, the committee will present its recommendation regarding the addition, retention, or deletion of the employee/volunteer on or from the approved driver list to the superintendent or his/her designee. The employee/volunteer will be notified of the determination.

2. Placement or retention on the approved driver list may be considered if the employee/volunteer, at his/her own expense, is participating in, or has successfully completed, a driver improvement or rehabilitation program(s)approved by FCPS, or if other factors would indicate placement or retention. Other factors that may be considered include, but are not limited to:

(a) the length of time that has passed since the driving infraction(s);

(b) if the employee transports students; and,

(c) the number and nature of the violations.

3. Addition or retention on the approved driver list may include a probationary period, the length of which will be established by the committee. In addition, the committee may specify restrictions concerning the circumstances and conditions in which an employee may drive a school-owned vehicle and/or transport students or employees in a personal vehicle in scheduled school or school-related activities.

4. All placements, denials, removals, or retentions will be made on a case by case basis.

5. Employees/volunteers on the unapproved driver list must submit a written request, including supporting documentation, to the Committee for Review of Driver Qualification to have their driving status reconsidered.

6. Driving records (MVR) of employees on the approved driver list and approved driver list with restrictions will be reviewed as deemed necessary.

7. Employees who are not residents of Virginia will be responsible for obtaining a current Motor Vehicle Report.


C. Notification

1. Employees or volunteers will receive written notification of their placement on the approved driver list.

2. Placement on the unapproved driver list will become effective immediately following the review of the MVR by the Committee for Review of Driver Qualifications in which the MVR does not meet the stated requirements.

3. Employees will not be allowed to operate school-owned vehicles until the process of acquiring an MVR and its review by appropriate school personnel is completed.

4. All employees or volunteers on the approved driver list are required to immediately notify Frederick County Public Schools of any motor vehicle code conviction or accident.

D. Penalty For Violating Regulation

The use of a school-owned vehicle or personal vehicle by an employee who is not on the approved driver list for school-sponsored or school-related activities may result in disciplinary action being taken against the employee, up to and including dismissal.

E. Appeals

An appeal of the decision of the Committee for Review of Driver Qualifications must be made in accordance with procedures outlined in the grievance procedure as identified in Appendix C of the policy manual.


VII. Use of Private Vehicles

The use of private vehicles for transportation of students to or from school-sponsored events is done at the risk of the owner of that private vehicle. This includes students who transport other students in their personal vehicles for school-sponsored activities. In the event of an accident, any claim by an injured party is the responsibility of the owner of the vehicle and the employee’s or volunteer’s personal auto liability coverage would be primary.

Volunteers who are not on the approved driver list and use personal vehicles to transport students are provided no personal protection under Frederick County Public Schools policy. Therefore, administrators, sponsors, and coaches should not seek volunteer drivers to transport students or employees unless those volunteers are on the approved list.


VIII. Use of Portable Communication Devices

A. Employee or Volunteer Drivers of School-Owned/Personal Vehicles

FCPS-issued and/or personal portable communication devices, excluding hands-free devices, shall not be used when operating any motor vehicle (school-owned or personal) while conducting FCPS business except for emergency situations. If such a situation should occur, it is highly encouraged that drivers find a safe place to park while using any communication device. (See Regulation 725R, Operations and Finance—Use of Portable Communication Devices)

B. School Bus Drivers

The use of two-way radios is permitted by school bus drivers to communicate school-related information when operating a FCPS school bus/school-owned vehicle.



Legal Reference

Virginia Code §22.40-141-120





Adopted: July 1, 1998
Amended: September 22, 2006
Amended: December 17, 2009
Amended: May 15, 2012