(a) The Secretary of Education, with the advice of the Director of the Division of Motor Vehicles, shall adopt and enforce regulations not inconsistent with the motor vehicle laws of this State to govern the design and operation of all school buses used for the transportation of school children, whether such buses be owned and operated by any public school district or privately owned and operated under contract with the Department or any public school district in this State. Such regulations shall by reference be made a part of every contract entered into by the Department or any school district for the operation of a school bus. Every school district, its officers and employees, and every person employed under contract by the Department or a school district to furnish or operate a school bus shall be subject to the regulations. The Department may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of employment or contractual employment of any school bus driver. (b) The regulations adopted relating to the award of school transportation contracts shall provide as follows: (1) A school transportation contract may be awarded to a party contingent upon approval of the local board and the Department of Education. Such award may be made only after notice is provided to all interested persons by means of a notice published in at least 2 Delaware newspapers of general circulation. (2) A local board of education must approve the awarding of a transportation contract to a party based on the following criteria: financial stability, insurability, record of service in that or another school district, if applicable, and personal and/or business resume including references. A local board may use a lottery system to select from among the qualified applicants. (3) No contract shall be deemed effectively awarded until said award is approved by the local board of education and the Department of Education. (c) School districts and charter schools may purchase annual student bus passes from the Delaware Transit Corporation for use on fixed route public transit by students in grades 6 through 12. (1) A school district or charter school must negotiate an agreement with the Delaware Transit Corporation regarding the method of purchasing and tracking bus passes under this subsection. (2) Students may not be directly reimbursed for the cost of public transportation under this subsection. (3) A school district or charter school may not require a student to use public transportation. (4) This subsection does not limit the manner in which schools provide transportation for students under the McKinney-Vento Homeless Education Assistance Improvement Act, 42 U.S.C. §§ 11431 through 11435.
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