702 KAR 5:030. Pupil transportation

Link to law: http://www.lrc.ky.gov/kar/702/005/030.htm
Published: 2015

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      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.)