Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 28 - TRANSPORTATION SAFETY › Section 8-28-3 - School bus driver's responsibility and authority

Current through June, 2024
Students being transported in a school bus under contract
					 with or operated by the State shall be under the authority of and directly
					 responsible to the driver of the bus. The driver of a school bus shall permit
					 rides only to students assigned or eligible to ride a school bus as determined
					 by the department and may assign students to sit in specific seats on the
					 school bus. The driver of the school bus shall make reasonable efforts to
					 insure that student riders observe the passenger safety code. However, drivers
					 shall not refuse rides to eligible riders or eject students en route unless it
					 is an emergency. In an emergency, the emergency procedure in paragraph (2) of
					 this section shall apply. Drivers shall observe the following
					 procedures:
(1) In reporting
				  infractions of the safety code, the driver shall submit a written report to the
				  principal not later than two school days after the incident occurs on the form
				  provided by the department. If the report is not submitted within two school
				  days after the incident occurs, the principal may refuse to consider the case.
				  Whenever possible, the driver shall inform the student that the student is
				  being reported.
(2) In an emergency
				  in which a student attacks or otherwise endangers other students or the driver,
				  the driver shall stop at the nearest safe location to make reasonable efforts
				  for self-protection and protection of other students. In the event the driver
				  cannot make the protective efforts, the driver shall set the brakes and gear to
				  secure the bus, remove the ignition keys, evacuate noninvolved students from
				  the bus and call for police assistance. If there is no telephone nearby, the
				  driver may obtain the assistance of other motorists or pedestrians to call the
				  police. The driver shall verbally inform the school of the action taken
				  immediately after completing the run and submit a written report not later than
				  two school days after the incident occurs. The driver may refuse to transport a
				  student if the student's behavior would jeopardize the safety of other
				  passengers or the driver. Before that action is taken, the driver shall inform
				  the driver's supervisor, parent, and school principal. The driver shall not
				  continue to refuse transportation if the school principal notifies the driver
				  that the student can be transported.
(3) If the driver suspects or observes use of
				  drugs on the bus, the driver shall radio in the information to the company,
				  request police assistance and give the approximate time of arrival at the
				  school, or if it is an afternoon run, the approximate time of arrival at the
				  suspect's or violator's bus stop. The dispatcher shall request the district
				  police to meet the bus at the school or at the bus stop. If the bus has no
				  radio, the driver shall report the incident to the principal and the bus
				  company supervisor after the driver has discharged all students. The bus
				  company supervisor and principal shall notify the police of the incident. The
				  driver shall not threaten nor order students off the bus en route. In the event
				  an emergency where a student endangers other students or the driver, the
				  emergency procedure in paragraph (2) of this section shall apply. The driver
				  shall not search students nor detain students by force on the bus. If the
				  police or school officials are not at the loading area or bus stop, students
				  shall be permitted to leave.