State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-243

§ 115C‑243.  Use ofschool buses by senior citizen groups.

(a)        Any local board ofeducation may enter into agreements with the governing body of any county,city, or town, or with any State agency, or any agency established oridentified pursuant to Public Law 89‑73, Older Americans Act of 1965, toprovide for the use of school buses to provide transportation for the elderly.

(b)        Each agreemententered into under this section must provide the following:

(1)        That the board ofeducation shall be reimbursed in full for the proportionate share of any andall costs, both fixed and variable, of such buses attributable to the uses ofthe bus pursuant to the agreement.

(2)        That the board ofeducation shall be held harmless from any and all liability by virtue of usesof the buses pursuant to the agreement.

(3)        That adequateliability insurance is maintained under G.S. 115C‑42 to insure the boardof education, and that adequate insurance is maintained to protect the propertyof the board of education. The minimum limit of liability insurance shall notbe less than the maximum amount of damages which may be awarded under the TortClaims Act, G.S. 143‑291. The costs of said insurance shall be paid bythe agency contracting for the use of the bus, either directly or through thefee established by the agreement.

(c)        Before any board ofeducation shall enter into any agreement under this section, it must byresolution establish a policy for use of school buses by the elderly. Thepolicy must give first priority to school uses under G.S. 115C‑242 and115C‑42. The resolution must provide for a schedule of charges under thissection. Such resolution, if adopted, shall be amended or readopted at leastonce per year to provide for adjustments to the schedule of charges or to providefor maintaining the same schedule of charges. If the price bid for the serviceby a private bus carrier is less than the schedule of charges adopted by theboard of education, then the board of education may not enter into theagreement.

(d)        No board ofeducation shall be under any duty to sign any agreement under this section.

(e)        No bus operatedunder the provisions of this section shall travel outside of the areaconsisting of the county or counties where the local board of education islocated and the county or counties contiguous to that county or counties, butnot outside of the State of North Carolina.

(f)         Before anyagreement under this section may be signed, the State Board of Education shalladopt a uniform schedule of charges for the use of buses under this section.Such schedule shall include a charge by the hour and by the mile which shallcover all costs both fixed and variable, including depreciation, gasoline,fuel, labor, maintenance, and insurance. The schedule may be amended by the StateBoard of Education. The schedule of charges adopted by the local board ofeducation under subsection (c) may vary from the State schedule only to coverchanges in wages. (1977,2nd Sess., c. 1280, s. 1; 1981, c. 423, s. 1; 1983, c. 717, s. 92; 1985 (Reg. Sess.,1986), c. 955, ss. 17, 18; 2006‑203, s. 32.)