702 KAR 5:030. Pupil
transportation.
RELATES TO: KRS
156.160, 189.540, 281.605, 49 C.F.R. 382.101-382.605
STATUTORY AUTHORITY:
KRS 156.070, 156.160, 189.540, 49 C.F.R. 382.101-382.605
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 156.160 and 189.540 require the Kentucky Board of Education
to promulgate administrative regulations relating to the safety of public
school children, the transportation of children to and from school, and the
operation of school buses. This administrative regulation provides the local
board, the district superintendent, and principal with standards necessary to
assist in administering the district's pupil transportation programs and to
assure the safe operation of school buses and discipline.
Section 1. A school
district superintendent shall be responsible for the safe operation and general
supervision of the district's pupil transportation program. The superintendent
may designate another employee or other employees of the board to assist in
carrying out this responsibility.
Section 2. The
superintendent shall require that a safety inspection be made on each school
bus owned and operated by the board or contracted to the board at least once
each month that the district's schools are in session. This inspection shall be
made by a state approved inspector. If, upon inspection, a school bus is found
to be in unsafe operating condition, the superintendent shall withhold the bus
from operation until the required repairs are made. The superintendent shall
keep the records of the bus safety inspections on file.
Section 3. The
superintendent shall make reports annually to the Department of Education on
all school bus accidents that occurred during the year. Accidents involving
serious student injury or fatality or failure of safety equipment shall be
reported to KDE immediately. KDE shall then distribute this information to all
districts.
Section 4. The
superintendent shall provide the required school bus driver training before a
school bus driver shall begin the duties of transporting pupils to and from
school or events related to schools. This training shall at least include the
school bus driver course prescribed by the Kentucky Board of Education, in
accordance with 702 KAR 5:080, Sections 7 and 8 and shall be conducted by a
state approved instructor. Evidence that the driver has received this training
shall be submitted to the Division of Pupil Transportation and a copy shall be
retained by the district.
Section 5. The
superintendent shall be responsible for providing the required in-service
school bus driver training which each school bus driver shall complete annually
for approval renewal, in accordance with 702 KAR 5:080, Section 8. The
in-service training shall include at least eight (8) hours of required
instruction relevant to the core curriculum conducted by an approved
instructor. Evidence that each driver has received this training shall be
submitted to the Division of Pupil Transportation and a copy shall be retained
by the district.
Section 6. A
superintendent shall require all drivers of school buses equipped with a
crossing control arm to utilize the arm when loading or unloading students. The
superintendent or designee, in consultation with the certified driver training
instructor, shall have full authority as to the use of crossing control arms on
school grounds.
Section 7. District
school bus inspectors shall complete an annual four (4) hour update conducted
by a state approved school bus inspector and instructor.
Section 8. The
training required to be designated as a state approved inspector is provided in
the "Pupil Transportation Management Manual", Chapter 6, as revised
April 1998.
Section 9. A
superintendent shall implement a controlled substance and alcohol use and
testing program in accordance with Federal Motor Carrier Regulations 382,
Section 101 through 605.
Section 10. A district
shall provide the owner of any school bus or special type vehicle that is
contracted to the board for the transportation of the district’s pupils with a
written contract each school year in which the responsibilities of the
contractor are clearly established.
Section 11. A district shall require the
owner of any school bus or special type vehicle contracted to the board to
provide a performance bond each school year in the amount that the district
deems necessary.
Section 12. In route planning and
purchasing or contracting for school buses, a district shall work toward
providing a sufficient number of school buses to allow each student a seated
position that affords the occupant protected compartmentalization and complies
with 702 KAR 5:080, Section 11.
Section 13. Before a district transfers
title to a school bus to another party other than a Kentucky school district,
the district shall:
(1) Remove all district identification
from a board-owned school bus before transferring the title to the school bus
to another party. A contract issued by the board to a school bus contractor
shall contain a clause requiring the school bus contractor to remove all
district identification lettering from the school bus when it is no longer
under contract to the district; and
(2) Make the stop signal arm and the red
flashing warning lights, strobe lights and crossing control arms inoperable by
disconnection or removal.
Section 14. A district shall develop a
plan providing all pupils instruction in school bus pupil safety each school
year. The district shall conduct two (2) evacuations each semester with the
first evacuation each semester being conducted within the first week in accordance
with the Driver Training Instructor Manual, Chapter Eleven (11). The district
shall retain documentation of emergency evacuation performance. Educational
films, safety demonstrations or related information as approved by the Kentucky
Department of Education, may supplement emergency evacuation drills.
Section 15. A district shall not permit a
radio, tape, or communication system to be installed or operated on the school
bus that is not under the direct control of the bus driver. Any installed
radio, tape or communication system shall be per the original equipment manufacturer’s
specifications.
Section 16. A district shall designate a
physician, physician’s assistant, or an advanced registered nurse practitioner
to perform the physical examination required for all school bus drivers. The
district shall retain a current physical examination record or physical fitness
certification for each school bus driver.
Section 17. A principal or designee shall
be responsible for the organization and operation of a system of adequate
supervision of the pupils as they enter and leave the school buses at the
school.
Section 18. Each local board of education
shall have a policy on responsibilities of pupils who are transported in
district vehicles.
Section 19. A principal
or designee shall be responsible for the discipline of pupils who ride school
buses. The principal shall assist the school bus driver with school bus
discipline problems when the school bus driver properly reports on the
discipline problem either in person or in writing.
Section 20. A pupil who creates a serious
safety or discipline problem or persists in creating serious discipline
problems on the school bus shall be reported to the principal or designee to
handle bus discipline problems. The principal or designee may suspend the pupil
bus riding privileges until the problem is resolved. A student whose bus riding
privileges have been suspended shall not be allowed on the bus again until the
driver receives permission by the principal or his designee.
Section 21. A school bus driver shall
maintain a current ridership list for all routes and trips.
Section 22. A local board of education that owns, operates, or contracts school
buses that transport the district’s pupils to and from school shall purchase
liability or indemnity insurance for these school buses. The coverage limits
shall be at least the amounts below:
Bodily injury/property damage
$2,000,000 per occurrence combined or
$250,000/$2,000,000 split
Uninsured/underinsured
motorist coverage
$500,000
"No fault" coverage
20,000 per passenger
Section 23. If there are pupils
transported on school buses or other vehicles contracted to the board, the
board shall enter into an agreement with the contractor to secure fleet rates
for liability or indemnity insurance for these vehicles.
Section 24. The Kentucky Standard School
Bus Endorsement, which is furnished by the Commissioner of Education to
insurers that have been awarded school bus insurance coverage, shall be
attached to and become part of the school bus insurance contract after having
been signed by an official of the insuring company having the proper corporate
authority to sign the document.
Section 25. The following federal
administrative regulation is adopted without change: "Federal Motor
Carrier Regulations 382, Section 101 through 605" last amended 1997.
Section 26. Incorporation by Reference.
(1) The following documents are incorporated by reference:
(a) "Pupil Transportation Management
Manual", April 1998; and
(b) "Driver Trainer Instructors
Manual", July 9, 1995.
(2) These documents may be inspected,
copied, or obtained, subject to applicable copyright law at the Office of
District Support Services, Department of Education, 15th Floor, Capitol Plaza
Tower, 500 Mero Street, Frankfort, Kentucky, Monday through Friday, 8 a.m. to
4:30 p.m. (SBE 24.260; 1 Ky.R. 1051; eff.
6-11-75; Am. 11 Ky.R. 1876; eff. 7-9-85; 13 Ky.R. 2092; eff. 7-2-87; 15 Ky.R.
1557; eff. 2-3-89; 16 Ky.R. 198; eff. 10-8-89; 17 Ky.R. 435; 1354; eff.
10-14-90; 2036; eff. 2-7-91; 18 Ky.R. 477; eff. 11-8-91; 3027; 3388; eff.
6-7-92; 21 Ky.R. 1945; eff. 4-6-95; 29 Ky.R. 1341; eff. 1-16-2003.)
