CHAPTER 8. SCHOOL BUS DRIVERS
IC 20-27-8
Chapter 8. School Bus Drivers
IC 20-27-8-1
School bus driver or school bus monitor; requirements
Sec. 1. (a) An individual may not drive a school bus for thetransportation of students or be employed as a school bus monitorunless the individual satisfies the following requirements:
(1) Is of good moral character.
(2) Does not use intoxicating liquor during school hours.
(3) Does not use intoxicating liquor to excess at any time.
(4) Is not addicted to any narcotic drug.
(5) Is at least:
(A) twenty-one (21) years of age for driving a school bus; or
(B) eighteen (18) years of age for employment as a schoolbus monitor.
(6) In the case of a school bus driver, holds a valid publicpassenger chauffeur's license or commercial driver's licenseissued by the state or any other state.
(7) Possesses the following required physical characteristics:
(A) Sufficient physical ability to be a school bus driver, asdetermined by the committee.
(B) The full normal use of both hands, both arms, both feet,both legs, both eyes, and both ears.
(C) Freedom from any communicable disease that:
(i) may be transmitted through airborne or droplet means;or
(ii) requires isolation of the infected person under 410 IAC1-2.3.
(D) Freedom from any mental, nervous, organic, orfunctional disease that might impair the person's ability toproperly operate a school bus.
(E) Visual acuity, with or without glasses, of at least 20/40in each eye and a field of vision with one hundred fifty (150)degree minimum and with depth perception of at least eightypercent (80%).
(b) This subsection applies to a school bus monitor.Notwithstanding subsection (a)(5)(B), a school corporation or schoolbus driver may not employ an individual who is less than twenty-one(21) years of age as a school bus monitor unless the schoolcorporation or school bus driver does not receive a sufficient numberof qualified applicants for employment as a school bus monitor whoare at least twenty-one (21) years of age. A school corporation orschool bus driver shall maintain a record of applicants, their ages,and their qualifications to show compliance with this subsection.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-2
School bus driver driving summary
Sec. 2. (a) Before a school corporation enters into a: (1) contract with a school bus driver; or
(2) fleet contract under IC 20-27-5;
the school corporation shall obtain, at no fee from the bureau ofmotor vehicles, a copy of the school bus driver's driving summary forthe last seven (7) years as maintained by the bureau of motor vehiclesor the equivalent agency in another state.
(b) To obtain a copy of the school bus driver's driving summaryas required under subsection (a), the school corporation shall providethe bureau of motor vehicles with the following information:
(1) The school bus driver's name.
(2) The school bus driver's Social Security number.
(3) Any other information required by the bureau of motorvehicles.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-3
Consumption or possession of controlled substance; offense
Sec. 3. (a) As used in this section, "controlled substance" has themeaning set forth in IC 35-48-1.
(b) An individual who is a school bus driver and who knowinglyand intentionally:
(1) consumes a controlled substance or an intoxicating liquorwithin six (6) hours before:
(A) going on duty; or
(B) operating a school bus; or
(2) consumes or possesses a controlled substance or anintoxicating liquor while on duty or while operating a schoolbus;
commits a Class A misdemeanor.
(c) It is a defense in a prosecution under this section if acontrolled substance is consumed or possessed in accordance with amedical prescription issued by an Indiana physician to the individualwho consumes or possesses the controlled substance.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-4
School bus driver; physical examination certificate
Sec. 4. An individual who is or intends to become a school busdriver must obtain a physical examination certificate stating that theindividual possesses the physical characteristics required by section1(a)(7) of this chapter. The certificate shall be made by a physicianwho is licensed in Indiana or a state bordering Indiana after thephysician has conducted a physical examination of the school busdriver or prospective school bus driver. The physician shall bechosen by the school bus driver or prospective driver, who shall payfor the examination.
As added by P.L.1-2005, SEC.11. Amended by P.L.82-2009, SEC.1.
IC 20-27-8-5
School bus driver; public passenger chauffeur license; physical
examination timing
Sec. 5. (a) When an individual holds a contract to serve or isserving as a school bus driver at the time the individual obtains apublic passenger chauffeur's license, the individual shall undergo thephysical examination required by section 4 of this chapter at aboutthe same time as the individual acquires the chauffeur's license. Thecertificate of examination and qualification shall be filed not morethan seven (7) days after the examination.
(b) When an individual executes a contract to drive a school busor begins serving as a school bus driver after obtaining a publicpassenger chauffeur's license, the individual may not drive a schoolbus unless:
(1) the individual files a certificate of a physical examinationmade at the time the individual last secured a public passengerchauffeur's license; or
(2) if a certificate was not made at the time of the priorexamination or is unobtainable, the individual undergoes a newphysical examination and files a certificate from thatexamination.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-6
School bus driver; additional physical examination
Sec. 6. A governing body may, at any time, require a school busdriver operating a school bus for the school corporation to submit toa physical examination by an Indiana physician selected by thecorporation. The school corporation shall pay the cost of anexamination under this section.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-7
Transportation or fleet contract; compensation
Sec. 7. When a school bus driver operates under a transportationor fleet contract, the compensation for the school bus driver or fleetcontractor is determined and fixed by the contract on a per diembasis for the number of days on which:
(1) the calendar of the school corporation provides that studentsare to attend school;
(2) the driver is required by the school corporation to operatethe bus on school related activities; and
(3) inservice training is required by statute or authorized by theschool corporation, including the safety meeting workshopsrequired under section 9 of this chapter.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-8
School bus driver employment contract; compensation
Sec. 8. The compensation of a school bus driver who is employedby a school corporation on a school year basis under an employmentcontract shall be fixed in the employment contract.As added by P.L.1-2005, SEC.11.
IC 20-27-8-9
Annual safety meeting; attendance required
Sec. 9. A school bus driver, including a school bus driver whodrives a bus for a nonpublic school, shall attend an annual safetymeeting or workshop. A safety meeting or workshop may not exceedtwo (2) days in any one (1) calendar year.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-10
Preservice school bus driver safety experience and educationrequirements
Sec. 10. (a) An individual who does not have at least thirty (30)days experience in driving a school bus during the three (3) yearperiod immediately preceding the effective date of the individual'sassignment as a school bus driver for a public or nonpublic schoolthat is accredited by the state board within Indiana shall satisfactorilycomplete a preservice school bus driver safety education trainingcourse. The course may not exceed forty (40) hours.
(b) Course attendance must be completed:
(1) before the assignment of an individual required to take thecourse as a school bus driver; or
(2) if immediate assignment is necessary, upon the completionof the next scheduled course following the assignment.
(c) The state superintendent shall provide instructors, adequatemeeting facilities, registration forms, a uniform course of instruction,and all other necessary materials for the preservice school bus driversafety education meetings.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-10.5
Special purpose bus driver safety plan
Sec. 10.5. (a) Not later than September 1, 2009, the departmentshall:
(1) develop;
(2) provide to the general assembly and the public; and
(3) implement;
a plan to promote safe driving practices for drivers of special purposebuses.
(b) The plan developed under subsection (a) must provide clear,concise information concerning statutes and rules that affect specialpurpose buses and special purpose bus drivers.
(c) The department shall update the plan developed undersubsection (a) as necessary.
(d) The department shall distribute the plan developed undersubsection (a) in the most cost effective manner, as determined bythe department.
As added by P.L.146-2009, SEC.5.
IC 20-27-8-11
Annual safety meeting; time and place
Sec. 11. The committee shall fix the date, time, and place for theannual safety meetings or workshops.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-12
Conduct of annual safety meeting
Sec. 12. The committee and the superintendent of the state policedepartment shall provide instructors, adequate meeting facilities, andall other necessary facilities for the annual school bus driver safetymeetings or workshops. The committee and the state policesuperintendent shall also prepare and furnish a uniform course ofinstruction to be used in the meetings or workshops.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-13
Annual safety meeting; registration
Sec. 13. (a) The committee shall provide a uniform system for theregistration of school bus drivers who are required to attend theannual safety meetings or workshops. This registration system mustdo the following:
(1) Accurately reflect the attendance of each school bus driverat each session of the annual meeting or workshop.
(2) Provide a registration form indicating the school bus driver'sname and legal address, and the name of the school the schoolbus driver represents.
(b) The state superintendent shall supervise registration of schoolbus drivers at the annual safety meetings or workshops.
(c) The principal of each school shall prepare and collect theattendance records of school bus drivers who attend any safetymeeting or workshops and shall make a written report of theattendance records to the state superintendent not more than ten (10)days after the meeting or workshop.
(d) Records of attendance shall be filed in the office of the statesuperintendent and maintained there as public records for at leastthree (3) years.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-14
Annual safety meeting; nonattendance
Sec. 14. If a school bus driver for a school corporation fails orrefuses to attend a school bus driver meeting or workshop, thegoverning body of the school corporation shall deduct one (1) day'scompensation for each day of absence.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-15
School bus driver training certification
Sec. 15. (a) The driver of a school bus for a public or nonpublic
school that is accredited by the state board shall have in the schoolbus driver's possession, while transporting passengers, a certificatethat states the school bus driver has:
(1) enrolled in or completed a course in school bus driver safetyeducation as required under sections 9 and 10 of this chapter; or
(2) operated a school bus at least thirty (30) days during thethree (3) year period preceding the effective date of the schoolbus driver's employment.
(b) A certificate of enrollment in or completion of the course orcourses in school bus driver safety education shall be prescribed bythe committee and completed by the designated representative of thecommittee.
(c) A driver of a school bus who fails to complete the school busdriver safety education course or courses, as required, shall bereported by the person who conducted the course to the committeeand to the school corporation where the school bus driver isemployed or under contract.
(d) A driver of a school bus who fails to complete the school busdriver safety education course or courses, as required, may not drivea school bus within Indiana while transporting a student.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-16
Violation
Sec. 16. Except as provided in section 3(b) of this chapter, aperson who knowingly, intentionally, or recklessly violates thischapter commits a Class C misdemeanor.
As added by P.L.1-2005, SEC.11. Amended by P.L.231-2005,SEC.39.