CHAPTER 9. USE OF SCHOOL BUSES
IC 20-27-9
Chapter 9. Use of School Buses
IC 20-27-9-1
Generally
Sec. 1. (a) This section does not apply to the use of school busesowned and operated by:
(1) a nonpublic school; or
(2) a nonprofit agency with primary responsibility for thehabilitation or rehabilitation of individuals with adevelopmental or physical disability.
(b) Except as provided under sections 2 through 15 of thischapter, a person may not operate or permit the operation of a schoolbus on a highway in Indiana for a private purpose or a purpose otherthan transportation of eligible students to and from school.
As added by P.L.1-2005, SEC.11. Amended by P.L.99-2007,SEC.170.
IC 20-27-9-2
Persons 65 years of age or older
Sec. 2. The governing body of a school corporation may allow, bywritten authorization, the use of a school bus for the transportationof adults at least sixty-five (65) years of age.
As added by P.L.1-2005, SEC.11.
IC 20-27-9-3
School and other activities
Sec. 3. (a) The governing body of a school corporation may allow,by written authorization, the use of a school bus for transportation ofeligible students and necessary adult chaperones or of adults to andfrom an activity that is sponsored, controlled, supervised, orparticipated in by the governing body. The number and qualificationsof adult chaperones under this section may be determined by thegoverning body.
(b) The governing body may allow, by written authorization, theuse of a school bus for transportation of students and necessary adultchaperones to and from an educational or recreational activityapproved or sponsored by a political subdivision if:
(1) the transportation originates from a place within thegeographical limits of the school corporation served by theaffected bus;
(2) the persons transported are Indiana residents; and
(3) the trip does not involve more than two hundred (200) milesof travel out of state.
As added by P.L.1-2005, SEC.11.
IC 20-27-9-4
Transportation; chaperones
Sec. 4. (a) The governing body of a school corporation may, bywritten authorization, allow the use of a school bus for
transportation:
(1) of preschool children who attend preschool offered by theschool corporation or under a contract entered into by theschool corporation to and from the preschool facility site; and
(2) subject to the geographic and residency requirements setforth in section 3(b) of this chapter, of preschool children andnecessary adult chaperones to and from an educational orrecreational activity approved or sponsored by the governingbody for the preschool children.
(b) The number and qualifications of adult chaperones undersubsection (a)(2) may be determined by the governing body.
As added by P.L.1-2005, SEC.11.
IC 20-27-9-5
Use of special purpose bus
Sec. 5. (a) A special purpose bus may be used:
(1) by a school corporation to provide regular transportation ofa student between one (1) school and another school but notbetween the student's residence and the school;
(2) to transport students and their supervisors, includingcoaches, managers, and sponsors to athletic or otherextracurricular school activities and field trips;
(3) by a school corporation to provide transportation betweenan individual's residence and the school for an individualenrolled in a special program for the habilitation orrehabilitation of persons with a developmental or physicaldisability; and
(4) to transport homeless students under IC 20-27-12.
(b) The mileage limitation of section 3 of this chapter does notapply to special purpose buses.
(c) The operator of a special purpose bus must be at leasttwenty-one (21) years of age, be authorized by the schoolcorporation, and meet the following requirements:
(1) If the special purpose bus has a capacity of less than sixteen(16) passengers, the operator must hold a valid:
(A) operator's;
(B) chauffeur's;
(C) public passenger chauffeur's; or
(D) commercial driver's;
license.
(2) If the special purpose bus has a capacity of more than fifteen(15) passengers, the operator must meet the requirements for aschool bus driver set out in IC 20-27-8.
(d) A special purpose bus is not required to be constructed,equipped, or painted as specified for school buses under this articleor by the rules of the committee.
(e) An owner or operator of a special purpose bus, other than aspecial purpose bus owned or operated by a school corporation or anonpublic school, is subject to IC 8-2.1.
As added by P.L.1-2005, SEC.11. Amended by P.L.191-2006, SEC.1;
P.L.99-2007, SEC.171; P.L.146-2009, SEC.6; P.L.182-2009(ss),SEC.318.
IC 20-27-9-6
Groups and organizations
Sec. 6. (a) In addition to the exemptions granted in this chapterand notwithstanding section 16 of this chapter, a school corporationmay allow a school bus operated under a fleet or transportationcontract and not owned in whole or in part by a public agency to beused for the transportation of a group or an organization for anydistance, if that group or organization agrees to maintain thecondition of the school bus and to maintain order on the school buswhile in use.
(b) When authorizing transportation described in subsection (a),the school corporation shall require the owner of the school bus to:
(1) obtain written authorization of the superintendent of thecontracting school corporation;
(2) clearly identify the school bus with the name of thesponsoring group; and
(3) provide proof to the superintendent and the sponsoringgroup of financial responsibility, as required by IC 9-25 andIC 20-27-5-9 for the transportation.
(c) The governing body of a school corporation may allow, bywritten authorization, the use of a school bus owned in whole or inpart by the school corporation for the transportation needs of a fairor festival operated by or affiliated with a nonprofit organizationexempt from federal taxation under Section 501(c)(3) through501(c)(7) of the Internal Revenue Code.
As added by P.L.1-2005, SEC.11.
IC 20-27-9-7
Developmental disability
Sec. 7. (a) As used in this section, "developmental disability" hasthe meaning set forth in IC 12-7-2-61.
(b) A special education cooperative operating under IC 36-1-7,IC 20-35-5, or IC 20-26-10 or a school corporation may enter into anagreement with a state supported agency serving persons with adevelopmental disability in which a school bus or special purposebus used by the special education cooperative or school corporationmay be used to transport persons with a developmental disabilitywho:
(1) are at least two (2) years of age; and
(2) live within the boundaries of the special educationcooperative or school corporation;
to and from programs for persons with a developmental disability.
(c) An increased cost of transportation for persons with adevelopmental disability shall be borne by the persons transported orthe state supported agency serving persons with a developmentaldisability. However, a person with a developmental disability maynot be required to pay for transportation provided under this section
if the required payment is contrary to law.
As added by P.L.1-2005, SEC.11. Amended by P.L.2-2006, SEC.136;P.L.99-2007, SEC.172.
IC 20-27-9-8
Employee meetings
Sec. 8. The governing body of a school corporation may use aschool bus to transport school employees to and from a meeting thatis authorized or required for the employees either locally or by thestate. This includes a meeting conducted by the school corporation.
As added by P.L.1-2005, SEC.11.
IC 20-27-9-9
Public emergency
Sec. 9. The governing body of a school corporation may allow theuse of a school bus during a local, state, or national emergency whenrequested by any governmental authority.
As added by P.L.1-2005, SEC.11.
IC 20-27-9-10
Agricultural workers
Sec. 10. (a) The governing body of a school corporation mayallow the use of a school bus for the transportation of agriculturalworkers engaged in cultivating, producing, or harvesting crops.
(b) A school bus used under this section may transport only theschool bus driver, a supervisor or foreman, students, and enrolledcollege or university students.
(c) When a school bus is used to transport agricultural workers,a sign shall be displayed on the front and on the rear of the schoolbus. The sign must carry the words "Agricultural Workers" in lettersat least four (4) inches in height. These signs may be removed orcovered whenever the school bus is not being used to transportagricultural workers.
(d) Notwithstanding any other provision of this article or IC 9, ifa school bus:
(1) is:
(A) registered as a school bus; and
(B) in compliance with all safety and equipment relatedrequirements for a school bus;
in a state other than Indiana;
(2) while in Indiana is used solely to transport agriculturalworkers employed to detassel corn; and
(3) is operated in accordance with subsection (e);
the out-of-state school bus may be operated for not more than sixty(60) days in a calendar year in Indiana without meeting theinspection and safety requirements of this article.
(e) Before operating a school bus described in subsection (d), anindividual must:
(1) be licensed to operate a school bus in:
(A) the state in which the school bus is registered; or (B) Indiana; and
(2) annually give written notice to the committee at least ten(10) days before the school bus is operated in Indiana of the:
(A) jurisdiction in which the school bus has been registeredand inspected for safety and equipment related requirements;
(B) approximate dates that the school bus will be operated inIndiana; and
(C) license plate number of the school bus.
As added by P.L.1-2005, SEC.11.
IC 20-27-9-11
Day care center and nonprofit agency; use of school bus
Sec. 11. (a) As used in this section, "day care center" means aninstitution operated primarily for the purpose of providing:
(1) care;
(2) maintenance; or
(3) supervision and instruction;
to children who are less than six (6) years of age and are separatedfrom their parent for more than four (4) hours but less thantwenty-four (24) hours a day for at least ten (10) consecutiveworkdays.
(b) A:
(1) day care center; or
(2) nonprofit agency with primary responsibility for thehabilitation or rehabilitation of persons with a developmental orphysical disability;
may own, operate, lease, or contract for a school bus that meets thecolor, equipment, and other requirements of the committee.
(c) The school bus must be used only for the purpose oftransporting:
(1) persons in the care of the day care center or agency; and
(2) supervisors of those persons;
to and from educational, social, recreational, or occupationalfunctions.
(d) If an entity described in subsection (b) acquires:
(1) a school bus; or
(2) the use of a school bus;
authorized under subsection (b), each driver of the school busauthorized by the entity must comply with the requirements imposedupon persons transporting students under IC 20-27-8 in order to becertified by the department as a school bus driver.
As added by P.L.1-2005, SEC.11. Amended by P.L.99-2007,SEC.173.
IC 20-27-9-12
Child care center; transportation
Sec. 12. (a) As used in this section, "child care center" means anonresidential building where at least one (1) child receives childcare from a provider licensed under IC 12-17.2-4:
(1) while unattended by a parent; (2) for regular compensation; and
(3) for more than four (4) hours but less than twenty-four (24)hours in each of ten (10) consecutive days per year, excludingintervening Saturdays, Sundays, and holidays.
(b) This subsection does not apply to a person with adevelopmental or physical disability who is provided transportationby a school corporation by means of a special purpose bus asprovided in section 5(a)(3) of this chapter. An individual or entitywho transports children in the care of a:
(1) preschool operated by a school corporation;
(2) public elementary school; or
(3) public secondary school;
on a public highway (as defined in IC 9-25-2-4) within or outsideIndiana shall transport the children only in a school bus. However,a special purpose bus may be used for transportation of the childrento activities other than regular transportation between the residencesof the children and the school.
(c) An individual or entity that transports children in the care ofa child care center on a public highway (as defined in IC 9-25-2-4)within or outside Indiana in a vehicle designed and constructed forthe accommodation of more than ten (10) passengers shall transportthe children only in a school bus or special purpose bus.
(d) The operator of a:
(1) school bus that transports children as required undersubsection (b) or (c) must meet the requirements of IC 20-27-8;and
(2) special purpose bus that transports children as requiredunder subsection (b) or (c) must meet the requirements ofsection 5(c) of this chapter.
(e) This section does not prohibit the use of a publictransportation system for the transportation of children if the motorcarriage used is designed to carry at least twenty (20) passengers.
(f) This section does not prohibit a:
(1) preschool operated by a school corporation;
(2) public elementary school;
(3) public secondary school; or
(4) child care center;
from contracting with a common carrier for incidental charter busservice for nonregular transportation if the carrier and the carrier'smotor coach comply with the Federal Motor Carrier SafetyRegulations as prescribed by the United States Department ofTransportation Federal Highway Administration.
(g) Notwithstanding section 17 of this chapter, a person whoviolates this section commits a Class B infraction.
As added by P.L.1-2005, SEC.11. Amended by P.L.99-2007,SEC.174.
IC 20-27-9-13
Travel for repair and maintenance
Sec. 13. The governing body of a school corporation may allow
its school buses to travel to and from a garage or repair area formaintenance or repair.
As added by P.L.1-2005, SEC.11.
IC 20-27-9-14
Proof of financial responsibility
Sec. 14. The governing body of a school corporation thatauthorizes the operation of a school bus under sections 1 through 13of this chapter shall file proof of financial responsibility as requiredby IC 9-25.
As added by P.L.1-2005, SEC.11.
IC 20-27-9-15
Responsibility for funds from transportation
Sec. 15. The governing body of a school corporation shall havesole control of and shall account for all funds received for thetransportation of students and the transportation of other groupsauthorized by sections 1 through 14 of this chapter.
As added by P.L.1-2005, SEC.11.
IC 20-27-9-16
Bus not used to transport students; modification required
Sec. 16. (a) Except as provided in subsection (b), whenever aschool bus is purchased for and is being used for any purpose exceptto transport students, the purchaser shall:
(1) remove the flasher lights;
(2) remove the stop arm; and
(3) paint the bus any color except the national standard schoolbus chrome yellow.
(b) Whenever a school bus is purchased for use, and is being used,as a church bus (as defined in IC 9-29-5-9(a)), the purchaser:
(1) may retain the flasher lights if the purchaser renders theflasher lights inoperable;
(2) may retain the stop arm if the purchaser renders the stop arminoperable; and
(3) shall paint the bus any color except the national standardschool bus chrome yellow.
As added by P.L.1-2005, SEC.11. Amended by P.L.70-2009, SEC.4.
IC 20-27-9-17
Violation
Sec. 17. Except as provided in this article, a person whoknowingly, intentionally, or recklessly violates this chapter commitsa Class C misdemeanor.
As added by P.L.1-2005, SEC.11. Amended by P.L.231-2005,SEC.40.