BEFORE THE SUPERINTENDENT OF PUBLIC INSTRUCTION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 10.7.111 pertaining to bus drivers

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NOTICE OF AMENDMENT

TO: All Concerned Persons

 

1. On May 22, 2014, the Superintendent of Public Instruction published MAR Notice No. 10-7-123 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 1005 of the 2014 Montana Administrative Register, Issue Number 10.

 

2. The Superintendent has amended ARM 10.7.111 as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

            10.7.111 BUS DRIVER CERTIFICATION REQUIREMENTS FOR REIMBURSEMENT (1) and (2) remain as proposed.

            (3) The first aid certificate required by ARM 10.64.201 must include certification instruction in adult and pediatric CPR, be signed by a certified instructor, and be received after an initial in-person training of at least four hours. The certificate must be renewed with annual renewals every two years. The renewal course may be in-person or online.

            (4) through (8) remain as proposed.

 

3. The Superintendent has thoroughly considered the comments and testimony received. A summary of the comments received and the Superintendent's response are as follows:

           

COMMENT 1:  Donell Rosenthal, Montana Director of Pupil Transportation, commented that in (3) the requirement should be for biannual renewals, not annual. She also submitted a written comment requesting that the first aid/CPR certification be for both adults and children.

 

COMMENT 2: Mike Kraut of Majestic Bus Service from Hamilton, Montana commented that the requirement for their drivers to be certified in CPR was very expensive. He asked that the requirement be changed to "receiving instruction in CPR."

 

COMMENT 3: Pat Matthew from Matthew Transportation in Big Sandy, Montana commented that the requirement for CPR certification would allow them to teach CPR and they only needed the first aid course with CPR instruction.

 

COMMENT 4: Tracie Hoffman from Beach Transportation in Missoula asked for clarification on whether only the initial training had to be "in-person" while the renewals could be online or if the renewal training had to be "in-person" as well.

 

COMMENT 5: Larry Woodring from B & L Transfer in Townsend concurred with the comments from Mike Kraut and Pat Matthew stating that this would have a huge financial impact on his business.

 

COMMENT 6: Written comments were received from John Hannay, Transportation/Maintenance Supervisor from Eureka Public Schools; Becky Mangun from Hellgate Transportation in Missoula, Montana; Wade Fish, Transportation Supervisor from Columbia Falls, Montana; Robert Mitchell, Beach Transportation; and Douglas Reisig, Hellgate Elementary Superintendent. These persons objected to the requirement for annual first aid/CPR certification stating that it was unnecessary since both the Red Cross and American Heart Association certification in first aid and CPR were good for two years.  Several persons also questioned the need for CPR certification.

 

RESPONSE: The Superintendent thanks the commenters for their written and oral testimony and after conferring with the American Red Cross has determined that the rule should be amended as provided above.

 

 

 

/s/ Ann Gilkey                                               /s/ Denise Juneau

Ann Gilkey                                                    Denise Juneau

Rule Reviewer                                              Superintendent of Public Instruction                                                                 

            

Certified to the Secretary of State July 28, 2014.