RELATES TO:
KRS
156.153(3),
156.160,
189.540
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
156.160 requires the Kentucky Board of
Education to promulgate administrative regulations relating to the
transportation of children to and from school and those deemed necessary or
advisable for the protection of the physical welfare and safety of public
school children.
KRS
189.540 requires the Kentucky Board of
Education to promulgate an administrative regulation to govern the operation of
district-owned passenger vehicles designed to carry nine (9) passengers or
less, including the driver, and used for approved school activities under
KRS
156.153(3). This
administrative regulation establishes the requirements relative to the
transportation of pupils by local school districts in vehicles designed to
carry nine (9) passengers or less and which are not classified as school
buses.
Section 1. Definition. "Vehicle"
means a vehicle owned by a school board or contracted to the board which is
significantly used to transport pupils to and from school and which is designed
by the manufacturer to carry fewer than ten (10) passengers.
Section 2.
(1) A vehicle may be used for the
transportation of pupils:
(a) From areas not
accessible by a regular school bus to the nearest road available for the safe
transfer of pupils to a regular school bus or vice versa;
(b) For emergency transportation of
students;
(c) For approved school
activities; or
(d) For qualified
special needs pupils.
(2) A vehicle driver shall be a school
district employee or a person contracted by the district.
Section 3. A vehicle shall not be used to
carry more pupils than the manufacturer's designed passenger capacity for that
particular vehicle.
Section 4. A
vehicle shall have occupant restraint systems equal in number to the
manufacturer's designed passenger capacity and installed in accordance with the
original equipment manufacturer's specifications.
Section 5. Liability or indemnity insurance
shall be purchased for each vehicle. The coverage limits shall be at least
these amounts:
Bodily injury/Property Damage
|
$1,000,000 per occurrence combined or
$250,000/$1,000,000 split
|
Unin-sured/Underinsured Motorist Coverage
|
$500,000
|
"No-Fault" Coverage
|
$20,000 per passenger
|
Section
6. Before a vehicle is initially used to transport pupils, a
safety inspection shall be made on the vehicle by an approved school bus
inspector to certify the vehicle is in safe operating condition. If the vehicle
is found to be in unsafe operating condition, it shall not be used to transport
pupils until necessary repairs are made.
Section
7. A vehicle shall be inspected at least once each month that the
vehicle is used to transport pupils, utilizing the same criteria for inspection
as for school buses on the "Preventive Management Inspection" Form as found in
the "Pupil Transportation Management Manual, April 1998".
Section 8. If being used to transport pupils,
a vehicle shall display a sign in clear view in the rear of the vehicle
stating: "This vehicle is being used to transport school children."
Section 9. Incorporation by Reference.
(1) "Pupil Transportation Management Manual",
April 1998, is incorporated by reference.
(2) This material 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.