CHAPTER 5. TRANSPORTATION CONTRACTS
IC 20-27-5
Chapter 5. Transportation Contracts
IC 20-27-5-1
Nonpublic school exemption
Sec. 1. This chapter does not apply to a nonpublic school or to aschool bus driver contract executed for a nonpublic school.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-2
Authority to provide transportation
Sec. 2. The governing body of a school corporation may providetransportation for students to and from school.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-3
Transportation responsibilities
Sec. 3. If a school corporation provides transportation forstudents, the governing body of the school corporation is responsiblefor obtaining the necessary school buses and school bus drivers.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-4
Employment of school bus driver
Sec. 4. (a) If a school corporation owns the school bus equipmentin its entirety, the school corporation may employ a school bus driveron a school year basis in the same manner as other noninstructionalemployees are employed.
(b) If a school corporation employs a school bus driver undersubsection (a), the employment contract between the schoolcorporation and the school bus driver must be in writing.
(c) A school corporation that hires a school bus driver under thissection shall purchase and carry public liability and property damageinsurance covering the operation of school bus equipment incompliance with IC 9-25.
(d) Sections 5 through 32 of this chapter do not apply to theemployment of a school bus driver hired under this section.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-5
Driver furnishing body or chassis of school bus; writtentransportation contract; benefits
Sec. 5. (a) If a school bus driver is required to furnish the schoolbus body or the school bus chassis, or both, the governing body ofthe school corporation shall enter into a written transportationcontract with the school bus driver.
(b) The transportation contract may include a provision allowingthe school bus driver to be eligible for the life and health insurancebenefits and other fringe benefits available to other school personnel.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-6
Fleet contract; written fleet contract; benefits
Sec. 6. (a) When a fleet contractor is required to provide two (2)or more school buses and school bus drivers, the governing body ofthe school corporation shall enter into a written fleet contract withthe fleet contractor.
(b) The fleet contract may include a provision allowing the schoolbus drivers to be eligible for the life and health insurance benefitsand other fringe benefits available to other school personnel.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-7
Transportation or fleet contract; negotiation
Sec. 7. Transportation or fleet contracts may either be:
(1) negotiated and let after receiving bids on the basis ofspecifications, as provided for in section 10 of this chapter; or
(2) negotiated on the basis of proposals by a bidder in which thebidder suggests additional or altered specifications.
A school corporation negotiating and executing a transportationcontract shall comply with section 5 and sections 9 through 16 of thischapter. A school corporation negotiating and executing a fleetcontract shall comply with sections 8 through 16 of this chapter.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-8
Transportation or fleet contract; specifications
Sec. 8. (a) The governing body of a school corporation shall adoptspecifications for transportation and fleet contracts before enteringinto a transportation or fleet contract under section 5 or 6 of thischapter.
(b) The specifications shall be prepared and placed on file in theoffice of the governing body at least fifteen (15) days before theadvertised date for beginning negotiations or receiving proposals orbids. However, if a school corporation is under the jurisdiction of acounty superintendent of schools, the specifications shall be placedon file in the office of the county superintendent.
(c) All specifications are public records and are open, duringregular office hours, for inspection by the public.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-9
Transportation or fleet contract; required specifications
Sec. 9. The specifications for contracts adopted under section 8 ofthis chapter must include the following:
(1) A description of the route for which the contract is to be let.
(2) The approximate number of students to be transported onthe route.
(3) The approximate number of miles to be traveled each schoolday on the route.
(4) The type of school bus equipment required to be furnished
by the school bus driver or fleet contractor, including theseating capacity of the equipment required.
(5) The amount of public liability and property damageinsurance coverage, if any, required to be furnished by theschool bus driver or fleet contractor. If a school corporationowns either the chassis or the body of the school busequipment, the specifications must recite the amount and kindof insurance coverage required to be furnished by a biddingschool bus driver. In addition to the amount and kind ofinsurance set forth in the specifications, the governing body, theschool bus driver, or the fleet contractor may, at their ownelection and at their own expense, carry additional insurance,including health, accident, and medical payments insurance.
(6) The amount of surety bond required to be furnished by theschool bus driver.
(7) The length of the term for which the contract may be let.However, a township trustee may not enter into a school buscontract that has a term extending beyond the June 30 followingthe expiration date of the trustee's term of office.
(8) Any other relevant information necessary to advise aprospective bidder of the terms and conditions of thetransportation contract or fleet contract.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-10
Transportation or fleet contract; public notice
Sec. 10. (a) The governing body shall give notice to the public atleast ten (10) days before beginning negotiations or receivingproposals or bids for transportation or fleet contracts. Notice shall begiven in the manner provided by IC 5-3-1. The notice must includethe following information:
(1) That the governing body will negotiate, receive proposals,or receive bids for transportation contracts and fleet contractson a specified date.
(2) That the governing body will execute contracts for theschool bus routes of the school corporation.
(3) That the specifications for the routes and related informationare on file in the office of the governing body or in the office ofthe county superintendent.
(b) A transportation or fleet contract may not be negotiated untilnotice has been given under this section.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-11
Transportation or fleet contract; time to be let
Sec. 11. (a) Except as provided in subsection (b), if the durationof a transportation or fleet contract is for more than one (1) fullschool year, the contract must be let before the May 1 preceding thebeginning of the first school year covered by the contract.
(b) A contract described in subsection (a) that is let after the May
1 preceding the beginning of the first school year covered by thecontract is valid if the contract was let after May 1 due to anemergency situation.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-12
Transportation or fleet contract; award
Sec. 12. (a) If a transportation or fleet contract is let undersections 5 through 11 of this chapter, or let after renegotiation undersection 16 of this chapter, the contract shall be awarded to the lowestresponsible bidder, subject to the limitations in this section and insections 14 and 15 of this chapter.
(b) The governing body may refuse to award the bid to the lowestresponsible bidder if the amount of the bid is not satisfactory to theschool corporation.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-13
Prerequisites for bidders for transportation contract
Sec. 13. Before a bidder may be awarded a transportationcontract, the bidder must meet the following conditions:
(1) The bidder must meet the physical requirements prescribedin IC 20-27-8-1 as evidenced by a certificate signed by anIndiana physician who has examined the bidder.
(2) The bidder must hold a valid public passenger chauffeur'slicense or commercial driver's license issued by the bureau ofmotor vehicles.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-14
Transportation or fleet contract; power to reject bid
Sec. 14. A governing body may reject any or all bids. If a bid isnot received for a specified route, the governing body may eitherreadvertise for bids or negotiate a contract for the route withoutfurther advertising.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-15
Transportation or fleet contract; alteration of route
Sec. 15. The governing body may alter a school bus route at anytime. If the altered route is longer than the route in the originalcontract, the school bus driver or fleet contractor shall be paidadditional compensation for each additional mile or fraction of amile. The additional compensation shall be based on the average rateper mile in the original contract.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-16
Transportation or fleet contract; change of equipment
Sec. 16. The governing body may require the school bus driver or
fleet contractor to furnish equipment with greater seating capacity atany time. When a school bus driver or fleet contractor is required tofurnish different equipment during the term of the contract, thecontracting parties may mutually agree to the cancellation of theexisting contract and renegotiate a new contract for the balance ofthe term of the original contract. Action taken by a governing bodyunder section 15 of this chapter does not preclude simultaneousaction under this section.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-17
Transportation or fleet contract; amendment
Sec. 17. Notwithstanding any other provision in this chapter, thegoverning body may, with the consent of the other party or parties tothe contract, amend an existing transportation or fleet contract tomake any necessary adjustments caused by a fluctuation in the costof fuel that occurs during the term of the contract.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-18
Transportation or fleet contract; road conditions
Sec. 18. If highway or road conditions require a school bus driverto drive a greater distance than provided by the contract, additionalcompensation shall be paid to the school bus driver or fleetcontractor. The additional compensation shall be computed as if thegoverning body had lengthened the route under section 15 of thischapter.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-19
Transportation or fleet contract; sale or assignment
Sec. 19. A transportation or fleet contract entered into under thischapter may not be sold or assigned except by written agreement ofboth parties to the original contract and by the assignee or purchaserof the contract.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-20
Transportation contract; substitute driver
Sec. 20. After notice to the governing body or its authorizedagent, a school bus driver may provide a substitute driver for any ofthe following reasons:
(1) Illness of the school bus driver.
(2) Illness or death of a member of the school bus driver'sfamily.
(3) Compulsory absence of a school bus driver because of juryduty.
(4) Performance of services and duties related to the IndianaState Association of School Bus Drivers, Inc.
(5) Performance of services and duties required by service in
the general assembly.
(6) Attendance at meetings of the committee.
(7) Management by a school bus driver of the school busdriver's personal business affairs. However, a school bus drivermay not be absent for management of personal business affairsfor more than ten (10) days in any one (1) school year withoutthe approval of the governing body.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-21
Transportation contract; substitute driver requirements
Sec. 21. A substitute school bus driver may not operate a schoolbus unless the substitute school bus driver meets the standardsrequired by IC 20-27-8-1 and has been approved by the governingbody or its authorized agent.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-22
Transportation contract; termination; generally
Sec. 22. (a) A school bus driver's transportation contract may beterminated for:
(1) incompetency;
(2) physical disability;
(3) negligence; or
(4) failure to faithfully perform the school bus driver's dutiesunder the contract;
only after the school bus driver has received notice and a hearing.
(b) Notice under subsection (a) must:
(1) be in writing; and
(2) allow a reasonable time before the hearing.
(c) The school bus driver may appear at a hearing undersubsection (a) either in person or by counsel.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-23
Transportation contract; termination; alcoholic beverage
Sec. 23. A school bus driver may not consume an alcoholicbeverage during school hours or while operating a school bus. Atransportation contract may be terminated without hearing uponpresentation of reliable evidence that a school bus driver hasconsumed an alcoholic beverage:
(1) during school hours;
(2) while operating a school bus; or
(3) while performing the school bus driver's duties.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-24
Transportation contract; physically unfit driver; duty
Sec. 24. When a physical examination reveals that a school busdriver is physically unfit to perform the transportation contract, the
school bus driver shall:
(1) furnish a substitute school bus driver who is qualified undersection 21 of this chapter; or
(2) assign the school bus driver's transportation contract, if thegoverning body approves, to a person qualified under thischapter.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-25
Transportation contract; physically unfit driver; termination
Sec. 25. (a) If a school bus driver is found physically unfit andfails to perform the duty required by section 24 of this chapter, thegoverning body may terminate the school bus driver's contract afterthe school bus driver has been given notice and an opportunity for ahearing.
(b) Notice under subsection (a) must:
(1) be in writing; and
(2) allow a reasonable time before the hearing.
(c) The school bus driver may appear at a hearing undersubsection (a) either in person or by counsel.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-26
Fleet contract; school bus driver provisions
Sec. 26. A fleet contract entered into under this chapter mustprovide the following:
(1) The fleet contractor is responsible for the employment,physical condition, and conduct of every school bus driveremployed by the fleet contractor.
(2) The fleet contractor shall submit to the governing body a listof the names, addresses, telephone numbers, and routeassignments of all regular and substitute school bus driversemployed by the fleet contractor.
(3) All school bus drivers employed by the fleet contractor mustmeet the physical, moral, and license standards prescribed inIC 20-27-8.
(4) School bus drivers employed by a fleet contractor shallattend the annual safety meeting for school bus driverssponsored by the committee and the state police department inaccordance with IC 20-27-8-9.
(5) Failure to employ school bus drivers who meet and maintainthe physical, moral, and license standards of IC 20-27-8, orfailure to compel attendance of a school bus driver at the annualsafety meeting, is a breach of contract and may result intermination of the fleet contract and in forfeiture of the suretybond.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-27
Transportation or fleet contract; cancellation; purchase of
equipment
Sec. 27. If a transportation or fleet contract is canceled by agoverning body under this chapter, the governing body may purchasethe school bus equipment owned by the school bus driver or fleetcontractor and used under the transportation contract. The purchaseprice is the fair market value of the equipment as determined byagreement of the governing body and the school bus driver or fleetcontractor.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-28
Transportation or fleet contract; bond
Sec. 28. A school bus driver or fleet contractor operating atransportation or fleet contract shall furnish a surety bondconditioned on faithful performance of the contract. The governingbody shall specify the amount of bond required.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-29
Common carrier contract; generally
Sec. 29. A governing body may enter into a contract for studenttransportation with a regular route common carrier that operatesunder the jurisdiction of the department of state revenue.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-30
Common carrier contract; provisions
Sec. 30. Each common carrier contract made under section 29 ofthis chapter must provide the following:
(1) The common carrier is solely responsible for theemployment, physical condition, and conduct of every schoolbus driver employed by the carrier.
(2) The carrier must submit a certificate to the governing bodyshowing that any school bus driver used in performing thecontract meets the physical standards required byIC 20-27-8-1(a)(7).
As added by P.L.1-2005, SEC.11. Amended by P.L.1-2009, SEC.123.
IC 20-27-5-31
Common carrier contract; exemption from physical examination
Sec. 31. When a school bus driver is employed by a commoncarrier to assist in performing a common carrier contract made undersection 29 of this chapter, the school bus driver is exempt frommandatory physical examinations required under this article, exceptto the extent that examination may be necessary for a commoncarrier to comply with section 30(2) of this chapter.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-32
Common carrier contract; exemption from requirements Sec. 32. A bus operated under a common carrier contract is notrequired to be constructed, equipped, or painted as specified underthis article or the rules of the committee unless the bus:
(1) is operated exclusively for the transportation of students toand from school; or
(2) must be operated more than three (3) miles outside thecorporation limit of a city or town in order to perform thecontract.
As added by P.L.1-2005, SEC.11.
IC 20-27-5-33
Violation
Sec. 33. A person who knowingly, intentionally, or recklesslyviolates this chapter commits a Class C misdemeanor.
As added by P.L.1-2005, SEC.11. Amended by P.L.231-2005,SEC.36.