KRS § 156.153 — KY Code / Title XIII / Chapter 156 / Section 156.153
156.153 School bus standards -- "School bus" defined -- Standards and specifications for accessory equipment and supplies and replacement equipment -- Standards for use of non-school bus passenger vehicles -- Use of clean transportation fuels
Status: in_force

156.153 School bus standards -- "School bus" defined -- Standards and

specifications for accessory equipment and supplies and replacement

equipment -- Standards for use of non-school bus passenger vehicles -- Use of

clean transportation fuels.

(1) (a) All school buses for which bids are made or bid contracts awarded shall meet

the standards and specifications of the Kentucky Department of Education.

The term "school bus," as used in this section, shall mean any motor vehicle

which meets the standards and specifications for school buses as provided by

law or by the standards or specifications of the Kentucky Department of

Education authorized by law and used solely in transporting school children

and school employees to and from school under the supervision and control

and at the direction of school authorities, and shall further include school bus

accessory equipment and supplies and replacement equipment considered to

be reasonably adaptable for purchase from price contract agreements.

(b) The standards and specifications for accessory equipment and supplies and

replacement equipment under paragraph (a) of this subsection shall be based

on federal safety standards and shall not discriminate among manufacturers

unless the Kentucky Department of Education finds evidence that a specific

manufacturer's product is defective or dangerous to use.

(c) The Kentucky Department of Education shall provide the list of standards and

specifications for accessory equipment and supplies and replacement

equipment to the Finance and Administration Cabinet for the purposes of

maintaining the price contract list required under KRS 45A.489.

(2) School buses shall be clearly marked as transporting students and shall undergo a

safety inspection no less than once every thirty (30) days.

(3) (a) Districts may also use vehicles owned, leased, or contracted by the district

that were designed and built by the manufacturer for passenger transportation

of nine (9) or fewer passengers, including the driver, for transporting students

to and from school and approved school activities under an alternative

transportation plan approved by the Kentucky Department of Education.

(b) Non-school bus passenger vehicles used under this subsection shall be clearly

marked as transporting students and undergo a safety inspection no less than

once every thirty (30) days. However, non-school bus passenger vehicles that

are not for daily use shall not be required to be inspected more frequently than

once every three (3) months.

(c) Non-school bus passenger vehicles used under this subsection shall be

operated by an employee or contractor of a local school district that has a

valid Class D operator's license. An individual that operates a non-school bus

passenger vehicle to transport a student or students without a current valid

license required by this paragraph shall be subject to the penalties set forth in

KRS 156.990(4).

(d) The Kentucky Board of Education shall promulgate administrative regulations

in accordance with KRS Chapter 13A to establish:

1. Minimum standards and specifications for non-school bus passenger

vehicles used under this subsection, including a standard for minimum

insurance coverage;

2. Minimum route safety standards and pick-up and drop-off protocols for

pupil transportation using non-school bus passenger vehicles that

prohibit non-school bus passenger vehicles from depositing a student at

a location that would require the student to cross a road or intersection

to reach the student's destination; and

3. Minimum qualifications, training, and drug testing requirements for an

individual to be authorized to transport any student to and from school

using a non-school bus passenger vehicle. The drug testing requirements

shall require an individual to submit to drug testing consistent with the

requirements of 49 C.F.R. pt. 40 to be authorized to transport students to

and from school using a non-school bus passenger vehicle.

(4) As part of its regular procedure for establishing and updating standards and

specifications for school buses and non-school bus passenger vehicles, the

Kentucky Department of Education shall consider allowing school buses to operate

using clean transportation fuels, as defined in KRS 186.750. If the department

determines that school buses or non-school bus passenger vehicles may operate

using clean transportation fuels while maintaining the same or a higher degree of

safety as fuels currently allowed, it shall update its standards and specifications to

allow for such use.