State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-249

§ 115C‑249.  Purchaseand maintenance of school buses, materials and supplies.

(a)        To the extent thatthe funds shall be made available to it for such purpose, a local board ofeducation is authorized to purchase from time to time such additional school busesand service vehicles or replacements for school buses and service vehicles, asmay be deemed by such board to be necessary for the safe and efficienttransportation of pupils enrolled in the schools within such local schooladministrative unit. Any school bus so purchased shall be constructed andequipped as prescribed by the provisions of this Article and by the regulationsof the State Board of Education issued pursuant thereto. Any school bus sopurchased that is capable of operating on diesel fuel shall be capable ofoperating on diesel fuel with a minimum biodiesel concentration of B‑20,as defined in G.S. 143‑58.4. At least two percent (2%) of the totalvolume of fuel purchased annually by local school districts statewide for usein school bus diesel engine motor vehicles shall be biodiesel fuel of a minimumblend of B‑20, to the extent that biodiesel blend is available andcompatible with the technology of the vehicles or equipment used.

(b)        The tax‑levyingauthorities of any county are hereby authorized to make provision from time totime in the capital outlay budget of the county for the purchase of such schoolbuses or service vehicles.

(c)        Any fundsappropriated from time to time by the General Assembly for the purchase ofschool buses or service vehicles shall be allocated by the State Board ofEducation to the respective local boards of education in accordance with therequirements of such boards as determined by the State Board of Education, andthereupon shall be paid over to the respective local boards of education inaccordance with such allocation.

(d)        The title to anyadditional or replacement school bus or service vehicle purchased pursuant tothe provisions of this section, shall be taken in the name of the board ofeducation of such local school administrative unit, and such bus shall in allrespects be maintained and operated pursuant to the provisions of this Articlein the same manner as any other public school bus.

(e)        It shall be theduty of the county board of education to provide adequate buildings andequipment for the storage and maintenance of all school buses and servicevehicles owned or operated by the board of education of any local schooladministrative unit in such county. It shall be the duty of the tax‑levyingauthorities of such county to provide in its capital outlay budget for theconstruction or acquisition of such buildings and equipment as may be requiredfor this purpose.

(f)         In the event ofthe damage or destruction of any school bus or service vehicle by fire, collision,or otherwise, the board of education of the local school administrative unitwhich shall own or operate such bus or service vehicle may apply to the StateBoard of Education for funds with which to replace it. If the State Board ofEducation finds that such bus or service vehicle has been destroyed or damagedto the extent that it cannot be made suitable for further use, and if the StateBoard of Education finds that the replacement of such bus or service vehicle isnecessary in order to enable such local school administrative unit to operateproperly its school bus transportation system, the State Board of Educationshall allot to the board of education of such local school administrative unitfrom the funds now held by the State Board of Education for the replacement ofschool buses or service vehicles, or from funds hereafter appropriated by theGeneral Assembly for that purpose, a sum sufficient to purchase a new schoolbus or service vehicle to be used as a replacement for such damaged or destroyedbus or service vehicle and upon such allocation such sum shall be paid over toor for the account of the board of education of such local schooladministrative unit for such purpose.

(g)        Repealed by SessionLaws 2003‑147, s. 3, effective for a local school administrative unitwhen the unit is certified as being E‑Procurement compliant, or April 1,2004, whichever occurs first.

(h)        Appropriations bythe General Assembly for the purchase of public school buses shall not revertto the General Fund. Any unexpended portion of those appropriations shall atthe end of each fiscal year be transferred to a reserve account and be held,together with any other funds appropriated for the purpose, for the purchase ofpublic school buses. (1955, c. 1372, art. 21, s. 9; 1961, c. 833, s. 16; 1975, c. 879, s.46; 1981, c. 423, s. 1; 1987, c. 827, s. 49; 1991 (Reg. Sess., 1992), c. 1039,s. 24; 2003‑147, s. 3; 2004‑203, s. 72(b); 2007‑423, s. 2.)