IC 20-27-9-1 Generally
Sec. 1. (a) This section does not apply to the use of school buses
owned and operated by:
(1) a nonpublic school; or
(2) a nonprofit agency with primary responsibility for the
habilitation or rehabilitation of individuals with a
developmental or physical disability.
(b) Except as provided under sections 2 through 15 of this
chapter, a person may not operate or permit the operation of a school
bus on a highway in Indiana for a private purpose or a purpose other
than 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, by
written authorization, the use of a school bus for the transportation
of 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 of
eligible students and necessary adult chaperones or of adults to and
from an activity that is sponsored, controlled, supervised, or
participated in by the governing body. The number and qualifications
of adult chaperones under this section may be determined by the
governing body.
(b) The governing body may allow, by written authorization, the
use of a school bus for transportation of students and necessary adult
chaperones to and from an educational or recreational activity
approved or sponsored by a political subdivision if:
(1) the transportation originates from a place within the
geographical limits of the school corporation served by the
affected bus;
(2) the persons transported are Indiana residents; and
(3) the trip does not involve more than two hundred (200) miles
of 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, by
written authorization, allow the use of a school bus for
transportation:
(1) of preschool children who attend preschool offered by the
school corporation or under a contract entered into by the
school corporation to and from the preschool facility site; and
(2) subject to the geographic and residency requirements set
forth in section 3(b) of this chapter, of preschool children and
necessary adult chaperones to and from an educational or
recreational activity approved or sponsored by the governing
body for the preschool children.
(b) The number and qualifications of adult chaperones under
subsection (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 of
a student between one (1) school and another school but not
between the student's residence and the school;
(2) to transport students and their supervisors, including
coaches, managers, and sponsors to athletic or other
extracurricular school activities and field trips;
(3) by a school corporation to provide transportation between
an individual's residence and the school for an individual
enrolled in a special program for the habilitation or
rehabilitation of persons with a developmental or physical
disability; and
(4) to transport homeless students under IC 20-27-12.
(b) The mileage limitation of section 3 of this chapter does not
apply to special purpose buses.
(c) The operator of a special purpose bus must be at least
twenty-one (21) years of age, be authorized by the school
corporation, 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 a
school 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 article
or by the rules of the committee.
(e) An owner or operator of a special purpose bus, other than a
special purpose bus owned or operated by a school corporation or a
nonpublic 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;
IC 20-27-9-6 Groups and organizations
Sec. 6. (a) In addition to the exemptions granted in this chapter
and notwithstanding section 16 of this chapter, a school corporation
may allow a school bus operated under a fleet or transportation
contract and not owned in whole or in part by a public agency to be
used for the transportation of a group or an organization for any
distance, if that group or organization agrees to maintain the
condition of the school bus and to maintain order on the school bus
while 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 the
contracting school corporation;
(2) clearly identify the school bus with the name of the
sponsoring group; and
(3) provide proof to the superintendent and the sponsoring
group of financial responsibility, as required by IC 9-25 and
IC 20-27-5-9 for the transportation.
(c) The governing body of a school corporation may allow, by
written authorization, the use of a school bus owned in whole or in
part by the school corporation for the transportation needs of a fair
or festival operated by or affiliated with a nonprofit organization
exempt from federal taxation under Section 501(c)(3) through
501(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" has
the 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 an
agreement with a state supported agency serving persons with a
developmental disability in which a school bus or special purpose
bus used by the special education cooperative or school corporation
may be used to transport persons with a developmental disability
who:
(1) are at least two (2) years of age; and
(2) live within the boundaries of the special education
cooperative or school corporation;
to and from programs for persons with a developmental disability.
(c) An increased cost of transportation for persons with a
developmental disability shall be borne by the persons transported or
the state supported agency serving persons with a developmental
disability. However, a person with a developmental disability may
not 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 a
school bus to transport school employees to and from a meeting that
is authorized or required for the employees either locally or by the
state. 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 the
use of a school bus during a local, state, or national emergency when
requested 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 may
allow the use of a school bus for the transportation of agricultural
workers engaged in cultivating, producing, or harvesting crops.
(b) A school bus used under this section may transport only the
school bus driver, a supervisor or foreman, students, and enrolled
college 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 school
bus. The sign must carry the words "Agricultural Workers" in letters
at least four (4) inches in height. These signs may be removed or
covered whenever the school bus is not being used to transport
agricultural workers.
(d) Notwithstanding any other provision of this article or IC 9, if
a school bus:
(1) is:
(A) registered as a school bus; and
(B) in compliance with all safety and equipment related
requirements for a school bus;
in a state other than Indiana;
(2) while in Indiana is used solely to transport agricultural
workers 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 the
inspection and safety requirements of this article.
(e) Before operating a school bus described in subsection (d), an
individual 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 registered
and inspected for safety and equipment related requirements;
(B) approximate dates that the school bus will be operated in
Indiana; 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 an
institution 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 separated
from their parent for more than four (4) hours but less than
twenty-four (24) hours a day for at least ten (10) consecutive
workdays.
(b) A:
(1) day care center; or
(2) nonprofit agency with primary responsibility for the
habilitation or rehabilitation of persons with a developmental or
physical disability;
may own, operate, lease, or contract for a school bus that meets the
color, equipment, and other requirements of the committee.
(c) The school bus must be used only for the purpose of
transporting:
(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 occupational
functions.
(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 bus
authorized by the entity must comply with the requirements imposed
upon persons transporting students under IC 20-27-8 in order to be
certified 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 a
nonresidential building where at least one (1) child receives child
care 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, excluding
intervening Saturdays, Sundays, and holidays.
(b) This subsection does not apply to a person with a
developmental or physical disability who is provided transportation
by a school corporation by means of a special purpose bus as
provided in section 5(a)(3) of this chapter. An individual or entity
who 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 outside
Indiana shall transport the children only in a school bus. However,
a special purpose bus may be used for transportation of the children
to activities other than regular transportation between the residences
of the children and the school.
(c) An individual or entity that transports children in the care of
a 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 for
the accommodation of more than ten (10) passengers shall transport
the children only in a school bus or special purpose bus.
(d) The operator of a:
(1) school bus that transports children as required under
subsection (b) or (c) must meet the requirements of IC 20-27-8;
and
(2) special purpose bus that transports children as required
under subsection (b) or (c) must meet the requirements of
section 5(c) of this chapter.
(e) This section does not prohibit the use of a public
transportation system for the transportation of children if the motor
carriage 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 bus
service for nonregular transportation if the carrier and the carrier's
motor coach comply with the Federal Motor Carrier Safety
Regulations as prescribed by the United States Department of
Transportation Federal Highway Administration.
(g) Notwithstanding section 17 of this chapter, a person who
violates 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 for
maintenance 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 that
authorizes the operation of a school bus under sections 1 through 13
of this chapter shall file proof of financial responsibility as required
by 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 have
sole control of and shall account for all funds received for the
transportation of students and the transportation of other groups
authorized 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 a
school bus is purchased for and is being used for any purpose except
to 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 school
bus 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 the
flasher lights inoperable;
(2) may retain the stop arm if the purchaser renders the stop arm
inoperable; and
(3) shall paint the bus any color except the national standard
school 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 who
knowingly, intentionally, or recklessly violates this chapter commits
a Class C misdemeanor. As added by P.L.1-2005, SEC.11. Amended by P.L.231-2005,
SEC.40.
IC 20-27-9-1 Generally
Sec. 1. (a) This section does not apply to the use of school buses
owned and operated by:
(1) a nonpublic school; or
(2) a nonprofit agency with primary responsibility for the
habilitation or rehabilitation of individuals with a
developmental or physical disability.
(b) Except as provided under sections 2 through 15 of this
chapter, a person may not operate or permit the operation of a school
bus on a highway in Indiana for a private purpose or a purpose other
than 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, by
written authorization, the use of a school bus for the transportation
of 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 of
eligible students and necessary adult chaperones or of adults to and
from an activity that is sponsored, controlled, supervised, or
participated in by the governing body. The number and qualifications
of adult chaperones under this section may be determined by the
governing body.
(b) The governing body may allow, by written authorization, the
use of a school bus for transportation of students and necessary adult
chaperones to and from an educational or recreational activity
approved or sponsored by a political subdivision if:
(1) the transportation originates from a place within the
geographical limits of the school corporation served by the
affected bus;
(2) the persons transported are Indiana residents; and
(3) the trip does not involve more than two hundred (200) miles
of 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, by
written authorization, allow the use of a school bus for
transportation:
(1) of preschool children who attend preschool offered by the
school corporation or under a contract entered into by the
school corporation to and from the preschool facility site; and
(2) subject to the geographic and residency requirements set
forth in section 3(b) of this chapter, of preschool children and
necessary adult chaperones to and from an educational or
recreational activity approved or sponsored by the governing
body for the preschool children.
(b) The number and qualifications of adult chaperones under
subsection (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 of
a student between one (1) school and another school but not
between the student's residence and the school;
(2) to transport students and their supervisors, including
coaches, managers, and sponsors to athletic or other
extracurricular school activities and field trips;
(3) by a school corporation to provide transportation between
an individual's residence and the school for an individual
enrolled in a special program for the habilitation or
rehabilitation of persons with a developmental or physical
disability; and
(4) to transport homeless students under IC 20-27-12.
(b) The mileage limitation of section 3 of this chapter does not
apply to special purpose buses.
(c) The operator of a special purpose bus must be at least
twenty-one (21) years of age, be authorized by the school
corporation, 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 a
school 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 article
or by the rules of the committee.
(e) An owner or operator of a special purpose bus, other than a
special purpose bus owned or operated by a school corporation or a
nonpublic 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;
IC 20-27-9-6 Groups and organizations
Sec. 6. (a) In addition to the exemptions granted in this chapter
and notwithstanding section 16 of this chapter, a school corporation
may allow a school bus operated under a fleet or transportation
contract and not owned in whole or in part by a public agency to be
used for the transportation of a group or an organization for any
distance, if that group or organization agrees to maintain the
condition of the school bus and to maintain order on the school bus
while 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 the
contracting school corporation;
(2) clearly identify the school bus with the name of the
sponsoring group; and
(3) provide proof to the superintendent and the sponsoring
group of financial responsibility, as required by IC 9-25 and
IC 20-27-5-9 for the transportation.
(c) The governing body of a school corporation may allow, by
written authorization, the use of a school bus owned in whole or in
part by the school corporation for the transportation needs of a fair
or festival operated by or affiliated with a nonprofit organization
exempt from federal taxation under Section 501(c)(3) through
501(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" has
the 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 an
agreement with a state supported agency serving persons with a
developmental disability in which a school bus or special purpose
bus used by the special education cooperative or school corporation
may be used to transport persons with a developmental disability
who:
(1) are at least two (2) years of age; and
(2) live within the boundaries of the special education
cooperative or school corporation;
to and from programs for persons with a developmental disability.
(c) An increased cost of transportation for persons with a
developmental disability shall be borne by the persons transported or
the state supported agency serving persons with a developmental
disability. However, a person with a developmental disability may
not 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 a
school bus to transport school employees to and from a meeting that
is authorized or required for the employees either locally or by the
state. 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 the
use of a school bus during a local, state, or national emergency when
requested 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 may
allow the use of a school bus for the transportation of agricultural
workers engaged in cultivating, producing, or harvesting crops.
(b) A school bus used under this section may transport only the
school bus driver, a supervisor or foreman, students, and enrolled
college 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 school
bus. The sign must carry the words "Agricultural Workers" in letters
at least four (4) inches in height. These signs may be removed or
covered whenever the school bus is not being used to transport
agricultural workers.
(d) Notwithstanding any other provision of this article or IC 9, if
a school bus:
(1) is:
(A) registered as a school bus; and
(B) in compliance with all safety and equipment related
requirements for a school bus;
in a state other than Indiana;
(2) while in Indiana is used solely to transport agricultural
workers 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 the
inspection and safety requirements of this article.
(e) Before operating a school bus described in subsection (d), an
individual 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 registered
and inspected for safety and equipment related requirements;
(B) approximate dates that the school bus will be operated in
Indiana; 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 an
institution 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 separated
from their parent for more than four (4) hours but less than
twenty-four (24) hours a day for at least ten (10) consecutive
workdays.
(b) A:
(1) day care center; or
(2) nonprofit agency with primary responsibility for the
habilitation or rehabilitation of persons with a developmental or
physical disability;
may own, operate, lease, or contract for a school bus that meets the
color, equipment, and other requirements of the committee.
(c) The school bus must be used only for the purpose of
transporting:
(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 occupational
functions.
(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 bus
authorized by the entity must comply with the requirements imposed
upon persons transporting students under IC 20-27-8 in order to be
certified 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 a
nonresidential building where at least one (1) child receives child
care 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, excluding
intervening Saturdays, Sundays, and holidays.
(b) This subsection does not apply to a person with a
developmental or physical disability who is provided transportation
by a school corporation by means of a special purpose bus as
provided in section 5(a)(3) of this chapter. An individual or entity
who 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 outside
Indiana shall transport the children only in a school bus. However,
a special purpose bus may be used for transportation of the children
to activities other than regular transportation between the residences
of the children and the school.
(c) An individual or entity that transports children in the care of
a 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 for
the accommodation of more than ten (10) passengers shall transport
the children only in a school bus or special purpose bus.
(d) The operator of a:
(1) school bus that transports children as required under
subsection (b) or (c) must meet the requirements of IC 20-27-8;
and
(2) special purpose bus that transports children as required
under subsection (b) or (c) must meet the requirements of
section 5(c) of this chapter.
(e) This section does not prohibit the use of a public
transportation system for the transportation of children if the motor
carriage 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 bus
service for nonregular transportation if the carrier and the carrier's
motor coach comply with the Federal Motor Carrier Safety
Regulations as prescribed by the United States Department of
Transportation Federal Highway Administration.
(g) Notwithstanding section 17 of this chapter, a person who
violates 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 for
maintenance 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 that
authorizes the operation of a school bus under sections 1 through 13
of this chapter shall file proof of financial responsibility as required
by 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 have
sole control of and shall account for all funds received for the
transportation of students and the transportation of other groups
authorized 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 a
school bus is purchased for and is being used for any purpose except
to 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 school
bus 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 the
flasher lights inoperable;
(2) may retain the stop arm if the purchaser renders the stop arm
inoperable; and
(3) shall paint the bus any color except the national standard
school 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 who
knowingly, intentionally, or recklessly violates this chapter commits
a Class C misdemeanor. As added by P.L.1-2005, SEC.11. Amended by P.L.231-2005,
SEC.40.
IC 20-27-9-1 Generally
Sec. 1. (a) This section does not apply to the use of school buses
owned and operated by:
(1) a nonpublic school; or
(2) a nonprofit agency with primary responsibility for the
habilitation or rehabilitation of individuals with a
developmental or physical disability.
(b) Except as provided under sections 2 through 15 of this
chapter, a person may not operate or permit the operation of a school
bus on a highway in Indiana for a private purpose or a purpose other
than 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, by
written authorization, the use of a school bus for the transportation
of 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 of
eligible students and necessary adult chaperones or of adults to and
from an activity that is sponsored, controlled, supervised, or
participated in by the governing body. The number and qualifications
of adult chaperones under this section may be determined by the
governing body.
(b) The governing body may allow, by written authorization, the
use of a school bus for transportation of students and necessary adult
chaperones to and from an educational or recreational activity
approved or sponsored by a political subdivision if:
(1) the transportation originates from a place within the
geographical limits of the school corporation served by the
affected bus;
(2) the persons transported are Indiana residents; and
(3) the trip does not involve more than two hundred (200) miles
of 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, by
written authorization, allow the use of a school bus for
transportation:
(1) of preschool children who attend preschool offered by the
school corporation or under a contract entered into by the
school corporation to and from the preschool facility site; and
(2) subject to the geographic and residency requirements set
forth in section 3(b) of this chapter, of preschool children and
necessary adult chaperones to and from an educational or
recreational activity approved or sponsored by the governing
body for the preschool children.
(b) The number and qualifications of adult chaperones under
subsection (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 of
a student between one (1) school and another school but not
between the student's residence and the school;
(2) to transport students and their supervisors, including
coaches, managers, and sponsors to athletic or other
extracurricular school activities and field trips;
(3) by a school corporation to provide transportation between
an individual's residence and the school for an individual
enrolled in a special program for the habilitation or
rehabilitation of persons with a developmental or physical
disability; and
(4) to transport homeless students under IC 20-27-12.
(b) The mileage limitation of section 3 of this chapter does not
apply to special purpose buses.
(c) The operator of a special purpose bus must be at least
twenty-one (21) years of age, be authorized by the school
corporation, 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 a
school 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 article
or by the rules of the committee.
(e) An owner or operator of a special purpose bus, other than a
special purpose bus owned or operated by a school corporation or a
nonpublic 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;
IC 20-27-9-6 Groups and organizations
Sec. 6. (a) In addition to the exemptions granted in this chapter
and notwithstanding section 16 of this chapter, a school corporation
may allow a school bus operated under a fleet or transportation
contract and not owned in whole or in part by a public agency to be
used for the transportation of a group or an organization for any
distance, if that group or organization agrees to maintain the
condition of the school bus and to maintain order on the school bus
while 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 the
contracting school corporation;
(2) clearly identify the school bus with the name of the
sponsoring group; and
(3) provide proof to the superintendent and the sponsoring
group of financial responsibility, as required by IC 9-25 and
IC 20-27-5-9 for the transportation.
(c) The governing body of a school corporation may allow, by
written authorization, the use of a school bus owned in whole or in
part by the school corporation for the transportation needs of a fair
or festival operated by or affiliated with a nonprofit organization
exempt from federal taxation under Section 501(c)(3) through
501(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" has
the 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 an
agreement with a state supported agency serving persons with a
developmental disability in which a school bus or special purpose
bus used by the special education cooperative or school corporation
may be used to transport persons with a developmental disability
who:
(1) are at least two (2) years of age; and
(2) live within the boundaries of the special education
cooperative or school corporation;
to and from programs for persons with a developmental disability.
(c) An increased cost of transportation for persons with a
developmental disability shall be borne by the persons transported or
the state supported agency serving persons with a developmental
disability. However, a person with a developmental disability may
not 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 a
school bus to transport school employees to and from a meeting that
is authorized or required for the employees either locally or by the
state. 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 the
use of a school bus during a local, state, or national emergency when
requested 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 may
allow the use of a school bus for the transportation of agricultural
workers engaged in cultivating, producing, or harvesting crops.
(b) A school bus used under this section may transport only the
school bus driver, a supervisor or foreman, students, and enrolled
college 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 school
bus. The sign must carry the words "Agricultural Workers" in letters
at least four (4) inches in height. These signs may be removed or
covered whenever the school bus is not being used to transport
agricultural workers.
(d) Notwithstanding any other provision of this article or IC 9, if
a school bus:
(1) is:
(A) registered as a school bus; and
(B) in compliance with all safety and equipment related
requirements for a school bus;
in a state other than Indiana;
(2) while in Indiana is used solely to transport agricultural
workers 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 the
inspection and safety requirements of this article.
(e) Before operating a school bus described in subsection (d), an
individual 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 registered
and inspected for safety and equipment related requirements;
(B) approximate dates that the school bus will be operated in
Indiana; 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 an
institution 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 separated
from their parent for more than four (4) hours but less than
twenty-four (24) hours a day for at least ten (10) consecutive
workdays.
(b) A:
(1) day care center; or
(2) nonprofit agency with primary responsibility for the
habilitation or rehabilitation of persons with a developmental or
physical disability;
may own, operate, lease, or contract for a school bus that meets the
color, equipment, and other requirements of the committee.
(c) The school bus must be used only for the purpose of
transporting:
(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 occupational
functions.
(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 bus
authorized by the entity must comply with the requirements imposed
upon persons transporting students under IC 20-27-8 in order to be
certified 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 a
nonresidential building where at least one (1) child receives child
care 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, excluding
intervening Saturdays, Sundays, and holidays.
(b) This subsection does not apply to a person with a
developmental or physical disability who is provided transportation
by a school corporation by means of a special purpose bus as
provided in section 5(a)(3) of this chapter. An individual or entity
who 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 outside
Indiana shall transport the children only in a school bus. However,
a special purpose bus may be used for transportation of the children
to activities other than regular transportation between the residences
of the children and the school.
(c) An individual or entity that transports children in the care of
a 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 for
the accommodation of more than ten (10) passengers shall transport
the children only in a school bus or special purpose bus.
(d) The operator of a:
(1) school bus that transports children as required under
subsection (b) or (c) must meet the requirements of IC 20-27-8;
and
(2) special purpose bus that transports children as required
under subsection (b) or (c) must meet the requirements of
section 5(c) of this chapter.
(e) This section does not prohibit the use of a public
transportation system for the transportation of children if the motor
carriage 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 bus
service for nonregular transportation if the carrier and the carrier's
motor coach comply with the Federal Motor Carrier Safety
Regulations as prescribed by the United States Department of
Transportation Federal Highway Administration.
(g) Notwithstanding section 17 of this chapter, a person who
violates 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 for
maintenance 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 that
authorizes the operation of a school bus under sections 1 through 13
of this chapter shall file proof of financial responsibility as required
by 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 have
sole control of and shall account for all funds received for the
transportation of students and the transportation of other groups
authorized 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 a
school bus is purchased for and is being used for any purpose except
to 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 school
bus 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 the
flasher lights inoperable;
(2) may retain the stop arm if the purchaser renders the stop arm
inoperable; and
(3) shall paint the bus any color except the national standard
school 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 who
knowingly, intentionally, or recklessly violates this chapter commits
a Class C misdemeanor. As added by P.L.1-2005, SEC.11. Amended by P.L.231-2005,
SEC.40.
