1. Charter Schools: Questions and Concerns
North Carolina Division of Motor Vehicles
School Bus and Traffic Safety

2. What Is a Charter School ?
“Public charter schools are tuition-free public schools that provide new options to every student and their families. They operate independently from school districts and are held accountable by the State Board of Education and by the parents.” Quote by North Carolina Alliance for Public Charter Schools:

3. How do public charter schools differ from traditional public schools
Students who attend public charter schools do so by choice; likewise, educators who teach at public charter schools elect to teach at that school. Public charter schools can be closed for producing unsatisfactory academic or financial results.
Public charter schools are their own school district or local education agency (LEA). They are governed by their own school board which is answerable to the parents and the State Board of Education.

4. COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
FMCSA
Part 383
COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
§ 383.5: Definitions.
School bus means a CMV used to transport pre- primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.

5. QUESTION
Considering the previous definition, do the words “ School Bus” mean that a driver must be certified as “ Schl” or “ Acty”?

6. Chapter d 3
d School activity bus. - A vehicle, generally painted a different color from a school bus, whose primary purpose is to transport school students and others to or from a place for participation in an event other than regular classroom work. The term includes a public, private, or parochial vehicle that meets this description.

7. Question
Given the previous definition of an Activity bus, can Charter School drivers have “Acty” certification, yet transport students to and from school for specifically regular classroom work?

8. Chapter d 4
d School bus. - A vehicle whose primary purpose is to transport school students over an established route to and from school for the regularly scheduled school day, that is equipped with alternately flashing red lights on the front and rear and a mechanical stop signal, that is painted primarily yellow below the roofline, and that bears the plainly visible words "School Bus" on the front and rear. The term includes a public, private, or parochial vehicle that meets this description.

9. Question
Do Charter Schools simply declare that their bus is an activity bus, not having “School Bus” displayed on the front and rear, no amber or passenger stop lights, and be legally allowed to transport students from point A to B for regular classroom instruction? Or, does the functional use of the bus determine it?

10. § 20‑218. Standard qualifications for school bus drivers; speed limit for school buses and school activity buses.
(a)Qualifications. No person shall drive a school bus over the highways or public vehicular areas of North Carolina while it is occupied by children unless the person furnishes to the superintendent of the schools of the county in which the bus shall be operated a certificate from any representative duly designated by the Commissioner and from the Director of Transportation or a designee of the Director in charge of school buses in the county showing that the person has been examined by them and is fit and competent to drive a school bus over the highways and public vehicular areas of the State. The driver of a school bus must be at least 18 years of age and hold a Class A, B, or C commercial drivers license and a school bus driver's certificate. The driver of a school activity bus must meet the same qualifications as a school bus driver or must have a license appropriate for the class of vehicle being driven.

11. Question
1.The Charter Schools do not report to the Superintendent of Schools since they are their own LEA. Is this an issue to be addressed? 2. Is the Headmaster of a Charter School equivalent to the Superintendent of Schools ? 3. The local LEA’s director of transportation has no function with a charter school. Does each Charter School need to have its own Transportation director that the DEPS works with? “The driver of a school activity bus must meet the same qualifications as a school bus driver or must have a license appropriate for the class of vehicle being driven.” 4. Should ALL driver’s of a Charter School’s bus have the “Schl” certification in Sessions?

12. 19A NCAC 03G .0204 DEFINITIONS OF WORDS AND PHRASES
6) School Bus--Any vehicle, of whatever size and passenger capacity, whose primary and designated purpose is the transportation of school students over an established route to and from school for the regularly scheduled school day and which is equipped with alternately flashing red lights on the front and rear and a mechanical stop signal and which bears the words "School Bus" on the front and rear in letters not less than eight inches in height.

13. Question
Is there a conflict with the primary purpose of the bus used for the transporting of students for regular classroom work and the bus not being properly equipped with lights and the words “School Bus” properly displayed?
Are there ramifications to DMV if we certify a driver as “ Acty”, and that driver picks up and delivers children to a designated PVA, and a child is injured or killed?

14. Clarity on the classification of Charter School buses.
What We Need
Clarity on the classification of Charter School buses.
Distinguish between an ACTY and SCHL driver with regards to charter schools.
An addendum to the DEPS manual to properly deal with the charter schools with regards to bus classes, renewals, roadwork, assigning county codes for the schools etc.

15. Closing comments.
I am sure there will be more questions as time goes on with the growth of Charter Schools.
Currently, the DPI inspection of Charter School buses is completely gratis. Most welcome the inspections, but they have many problems as their buses are usually old buses purchased and taken out of service at the LEA’s.
I attended a meeting in Raleigh about 3 years ago and it was discovered that charter schools were stopping at children’s homes, on a public highway, with no lights, school bus not displayed, no extended stop sign or appropriate lights and even had painted their school’s colors.
There is much confusion on the charter side in terms of what they are required to do with regards to transportation.
It is a problem that will only escalate.
Thanks!