(1) As used in this section, “school transportation provider” means a school district or a school district contractor that uses school buses or school activity vehicles for:
(a) The transportation of students or school personnel to or from school or school-related activities; or
(b) Public transportation purposes as provided in ORS 332.427.
(2) Every school transportation provider shall:
(a) Have an in-house drug and alcohol testing program that meets the federal requirements of 49 C.F.R. part 382; or
(b) Be a member of a consortium, as defined in 49 C.F.R. 382.107, that provides testing that meets the federal requirements.
(3) Each calendar year, a school transportation provider shall certify to the Department of Education that the provider is in compliance with subsection (2) of this section and, if the provider belongs to a consortium, shall provide the Department of Education with the names of persons who operate the consortium.
(4) When a medical review officer of a school transportation provider’s testing program or of the consortium the provider belongs to determines that a positive test result is valid, the officer shall report the finding to the Department of Education.