KRS § 189.540 — KY Code / Title XVI / Chapter 189 / Section 189.540
189.540 Regulations for school buses -- Operator required to have commercial driver's license with school bus endorsement
Status: in_force

189.540 Regulations for school buses -- Operator required to have commercial

driver's license with school bus endorsement.

(1) (a) The Kentucky Board of Education shall promulgate administrative regulations

to govern the design and operation of all Kentucky school buses and to govern

the operation of passenger vehicles owned, leased, or privately contracted by

the district that transport students under KRS 156.153(3).

(b) The board shall, with the advice and aid of the Department of Kentucky State

Police and the Transportation Cabinet, enforce the administrative regulations

governing the operation of all school buses, whether owned by a school

district or privately contracted, and all passenger vehicles owned, leased, or

privately contracted by the district that transport students under KRS

156.153(3).

(c) The administrative regulations covering the operation shall by reference be

made a part of any contract with a school district. Every school district and

private contractor referred to under this subsection shall be subject to those

regulations.

(2) (a) The administrative regulations promulgated by the Kentucky Board of

Education under subsection (1) of this section or under KRS 156.160 may

include requirements for regular instruction of pupils in school bus safety.

(b) A school district shall be exempt from the pupil instruction requirements

authorized in paragraph (a) of this subsection if:

1. The school district had a gross average daily attendance of transported

pupils under KRS 157.370 for the previous school year of forty-eight

(48) pupils or fewer without any additional factors included;

2. The school district's local board of education adopts a policy for

instructing pupils on school bus safety prior to the pupil's use of a

district-owned or privately contracted school bus; and

3. The local board of education submits a copy of the district's policy to the

Kentucky Department of Education.

(c) A school district's failure to implement an instruction policy adopted under

paragraph (b) of this subsection shall be grounds for the Kentucky Board of

Education to revoke the school district's pupil instruction exemption until the

school district implements the policy.

(3) Any employee of any school district who violates any of the administrative

regulations in any contract executed on behalf of a school district shall be subject to

removal from office. Any person operating a school bus or passenger vehicle to

transport students under contract with a school district who fails to comply with any

of the administrative regulations shall be guilty of breach of contract and the

contract shall be canceled after proper notice and a hearing by the responsible

officers of such school district.

(4) (a) Any person who operates a school bus shall be required to possess a

commercial driver's license issued pursuant to KRS 281A.170 with a school

bus endorsement as described in KRS 281A.175.

(b) Any person who operates a passenger vehicle that is owned, leased, or

privately contracted by the district to transport students shall be required to

possess a valid Class D operator's license in accordance with KRS

156.153(3)(c).