School Bus Accidents in Illinois: Who Is Qualified to Drive Your Child’s Bus?

For many families, the school bus is part of the daily routine. Parents send their children out the door each morning trusting that the driver behind the wheel has been properly licensed, trained, screened, and medically cleared to safely transport students.

Illinois has specific requirements designed to help make sure that happens.

Unfortunately, a tragic 2023 school bus accident in suburban Park Forest demonstrated what can happen when questions arise about whether those requirements were followed.

Park Forest School Bus Driver Did Not Have a Valid License

On January 20, 2023, 7-year-old Connor Kasmarski, a second-grade student at Mohawk Primary Center, was struck and killed by his school bus after being dropped off in Park Forest.

According to Park Forest Police, Connor had been running alongside the passenger side of the bus and moved into the street in front of it. Police reported that the driver did not appear to have been distracted by an electronic device and apparently did not realize the bus had struck the child.

But the investigation uncovered another serious issue.

CBS Chicago reported that the driver's Commercial Driver's License and School Bus Driver endorsement had been canceled before the crash because required medical examination documentation had not been provided to the Illinois Secretary of State's Office. The driver was subsequently charged with operating a commercial vehicle with a canceled CDL.

The fact that a driver's license or permit is invalid does not, by itself, establish what caused a particular accident. It can, however, raise significant questions about whether required safety procedures were followed and whether the driver should have been operating a school bus at all.

What Does It Take to Become a School Bus Driver in Illinois?

Driving a school bus requires more than an ordinary driver's license.

Illinois distinguishes between the federal School Bus Endorsement on a Commercial Driver's License and the state's School Bus Permit. Drivers transporting Illinois schoolchildren may need both.

A driver operating a yellow school bus that requires a CDL generally must have:

• A properly classified Commercial Driver's License
• A Passenger Endorsement, commonly called a "P" endorsement
• A School Bus Endorsement, or "S" endorsement
• An Illinois School Bus Permit

 

The Illinois Secretary of State notes that the School Bus Permit applies to drivers transporting children in grade 12 or below on behalf of a school or school bus company for qualifying school-related transportation, regardless of the size of the vehicle.

Illinois School Bus Driver Qualifications

For a new Illinois School Bus Permit, applicants must meet numerous requirements intended to protect children.

Among other requirements, applicants generally must:

• Be at least 21 years old
• Have a valid, properly classified driver's license
• Have maintained a valid driver's license for the three years immediately preceding the application, without revocation, suspension, cancellation, or disqualification
• Pass the required school bus written examination
• Pass a behind-the-wheel examination in the type of vehicle they will drive
• Complete an approved initial school bus driver training course
• Complete required fingerprint-based Illinois and FBI criminal background checks
• Meet standards regarding prior serious traffic violations and certain criminal offenses
• Complete a required medical examination
• Satisfy drug-testing requirements

 

Drivers seeking the CDL School Bus Endorsement must also satisfy applicable CDL testing and training requirements.

These requirements are not simply boxes to check when a driver is first hired. Several must be completed again on a recurring basis.

School Bus Drivers Must Pass a Medical Examination

One of the requirements highlighted by the Park Forest tragedy is the driver's medical examination.

Illinois law requires school bus permit applicants to demonstrate that they are physically capable of safely operating a school bus. The medical examination must be performed within 90 days before the permit application and includes required testing for drug and alcohol use. Initial applicants are also subject to tuberculosis testing.

The examination considers medical conditions that could affect a person's ability to safely control a school bus, including issues involving:

• Vision
• Hearing
• Cardiovascular health
• Respiratory function
• Blood pressure
• Neurological conditions
• Loss of consciousness
• Musculoskeletal function
• Certain medications or substances that could interfere with safe driving

 

The medical examiner then determines whether the individual is medically qualified to drive a school bus. Illinois provides a specific Physical Examination and Certificate for Illinois School Bus Driver for documenting the examination.

This is not a one-time requirement.

An Illinois School Bus Permit is generally valid for one year. To renew it, a driver must complete an annual refresher training course and pass another physical examination, including drug testing.

That annual requirement matters because a person's health, medications, physical abilities, and other circumstances can change over time.

School Bus Companies Have Responsibilities Too

Keeping an unqualified driver off the road is not solely the driver's responsibility.

Illinois regulations place specific obligations on employers of school bus drivers. Among other responsibilities, employers must distribute permit applications and medical forms, ensure applicants complete required background checks, and certify that required pre-employment conditions have been satisfied.

Employers are also required to take action when a driver's permit is canceled or suspended. Illinois regulations require the employer to certify that the driver has been removed from service before the driver's next work shift after receiving notification of the cancellation or suspension.

Those requirements can become extremely important after a serious school bus accident.

An investigation may look beyond what happened in the seconds before the crash and ask broader questions:

• Did the driver have a valid license and all required endorsements?
• Was the driver's Illinois School Bus Permit current?
• Had the required medical examination been completed?
• Was the driver's annual training current?
• Did the employer know or have reason to know about a licensing problem?
• Were background checks and driving-record reviews properly completed?
• Did the employer receive a notice that should have resulted in the driver's removal from service?
• Was the driver properly supervised?
• Was the bus itself properly inspected and maintained?

 

The answers can help determine how an accident occurred and who may bear responsibility.

Who May Be Responsible for a School Bus Accident?

School bus accident cases can be more complicated than an ordinary car accident because several individuals or organizations may have responsibilities for transporting a child safely.

Depending on the circumstances, potentially responsible parties may include:

• The school bus driver, if negligent driving contributed to the accident
• The school bus company, including cases involving negligent hiring, retention, training, or supervision
• A school district or other public entity, depending on its role in transportation, routing, supervision, or other circumstances
• Another driver, if a separate vehicle caused or contributed to the crash
• Maintenance providers or other companies, if a mechanical or maintenance problem contributed to the accident

Illinois law expressly recognizes that a private school bus carrier may face liability for violations of school bus driver requirements or negligent hiring or retention.

Responsibility will always depend on the individual facts. When a public school district or another government entity is involved, additional Illinois laws and procedural requirements may also affect a claim.

Evidence After a School Bus Accident Can Go Far Beyond the Police Report

A police report is an important starting point, but it may tell only part of the story.

In a school bus injury case, an investigation may include obtaining and reviewing:

• Driver licensing and permit records
• Medical examination certifications
• Driver training records
• Employment and personnel records
• Background-check documentation
• Prior driving history
• Bus inspection and maintenance records
• Onboard surveillance video
• Exterior bus-camera footage
• GPS and route information
• Dispatch records
• Witness statements
• School transportation policies
• Information about the location and design of the bus stop

 

Some of this evidence may be controlled by the school district, transportation company, or another organization. Obtaining and preserving it quickly can be important.

When a School Bus Accident Injures a Child

School buses carry some of the most vulnerable people on our roads. That is why Illinois requires drivers to meet specific licensing, training, screening, and medical standards.

The Park Forest tragedy is a painful reminder of how important those requirements are.

When a child is seriously injured in a school bus accident, families deserve to know not only what happened on the road, but also whether the driver and the organizations responsible for putting that driver behind the wheel followed the safety rules designed to protect students.

At Strom Yen Injury Attorneys, we investigate serious accidents to determine what happened, who was responsible, and whether required safety procedures were followed. If your child or another member of your family has been injured in a school bus accident, contact us to discuss your legal options.