Kentucky Administrative Regulations › Title 702 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION - OFFICE OF DISTRICT SUPPORT SERVICES › Chapter 5 - Pupil Transportation › Section 702 KAR 5:060 - Buses; specifications and purchases

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				156.031,
				156.152,
				156.153,
				156.154,
				156.160
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				156.031 requires that administrative
				regulations relating to statutes amended by the 1990 Kentucky Education Reform
				Act be reviewed, amended if necessary, and resubmitted to the Legislative
				Research Commission prior to December 30, 1990;
				KRS
				156.152 to
				156.154
				set forth methods and procedures for cooperative, centralized purchasing of
				school buses by local boards of education through contracts established through
				the Department of Education and the Finance Cabinet; and
				KRS
				156.160 requires the State Board for
				Elementary and Secondary Education to adopt administrative regulations
				pertaining to the safety and transportation of school children. This
				administrative regulation implements that system and establishes procedures for
				the cooperative purchase of school buses by Kentucky's school districts, and it
				further prescribes vehicles designed for more than ten (10) passengers which
				can be used to transport school children.
Section
			 1. The chief state school officer through his Division of Pupil
			 Transportation, Department of Education, shall prepare Kentucky minimum
			 specifications for school buses for approval by the State Board for Elementary
			 and Secondary Education and shall keep said specifications up-to-date by
			 revision whenever experience, model changes, manufacturing techniques, and
			 product improvement indicate that revision and updating is necessary.
Section 2. The State Board for Elementary and
			 Secondary Education shall approve appropriate Kentucky Minimum Specifications
			 for School Buses, Revised, as a separate document and as warranted. Copies of
			 this document containing the detailed specifications for the separate parts of
			 new school buses and the specifications that pertain to used school buses shall
			 be kept on file in the Division of Pupil Transportation, Department of
			 Education. This document shall be made available in reasonable numbers to those
			 persons or firms that have need for same.
Section 3. All manufacturers, their agents or
			 representatives that propose to sell new school bus chassis, school bus bodies,
			 and complete school buses to be used in the Commonwealth of Kentucky for the
			 transportation of pupils to and from school and for related uses shall file
			 detailed specifications, test results, certifications, and advertising
			 brochures on these chassis, bodies, and complete buses with the Division of
			 Pupil Transportation, Department of Education, Frankfort, Kentucky. These shall
			 be filed at least annually at a time and in the manner prescribed. The
			 manufacturers, their agents or representatives shall keep these files
			 up-to-date following model changes or modifications made between filing
			 dates.
Section 4. Any new school
			 bus chassis, new school bus body, or complete new school bus purchased by any
			 district board of education, individual, company or corporation for use in
			 transporting pupils to and from school and for related purposes shall meet the
			 Kentucky Minimum Specifications for School Buses; Revised, that were in effect
			 on the date of manufacture. Any such bus or component part shall not be used
			 for the above stated purposes until it shall have been approved by the Division
			 of Pupil Transportation as meeting these requirements.
Section 5. Any used school bus chassis, used
			 school bus body, or complete used school bus purchased by any district board of
			 education, individual, company or corporation for use in transporting pupils to
			 and from school and for related uses shall not be used for such purposes until
			 it shall have been approved by the Division of Pupil Transportation as meeting
			 the Kentucky Minimum Specifications for School Buses in effect on the date of
			 its original purchase, and as meeting the used school bus mandatory safety
			 equipment requirements in effect on the date the bus or component part was
			 purchased in used condition.
Section
			 6.
(1) No vehicle which was
			 designed by the manufacturer to carry more than ten (10) passengers in addition
			 to the driver shall be used to transport children to or from school or events
			 related to such schools that does not meet Kentucky Minimum Specifications for
			 School Buses; Revised, that were in effect on the date of manufacture, or does
			 not meet Federal Motor Vehicle Safety Standards applicable to manufacturers of
			 school buses, except as provided in subsection (2) of this section.
(2) School districts may, in their reasonable
			 discretion and with due regard to the safety and required supervision of the
			 school children to be transported, utilize appropriately certificated common
			 carriers, in regular or charter service, to transport school children to or
			 from school-related events, as long as the vehicles so utilized are not
			 significantly used as school buses. Such use of common carrier service, in lieu
			 of qualifying school buses, shall be on a case-by-case basis, and the reasons
			 believed by the board to justify such use shall be cited in the board
			 minutes.