KRS 156.153: School bus standards -- "School bus" defined -- Standards and

specifications for accessory equipment and supplies and replacement

equipment -- Standards for use of non -school bus passenger vehicles -- Use of

clean transportation fuels.

(1) (a) All school buses for which bids are made or bid contracts awarded shall meet

the standards and specifications of the Kentucky Department of Education.

The term "school bus," as used in this section, shall mean any motor vehicle

which meets the standa rds and specifications for school buses as provided by

law or by the standards or specifications of the Kentucky Department of

Education authorized by law and used solely in transporting school children

and school employees to and from school under the sup ervision and control

and at the direction of school authorities, and shall further include school bus

accessory equipment and supplies and replacement equipment considered to

be reasonably adaptable for purchase from price contract agreements.

(b) The stan dards and specifications for accessory equipment and supplies and

replacement equipment under paragraph (a) of this subsection shall be based

on federal safety standards and shall not discriminate among manufacturers

unless the Kentucky Department of Educa tion finds evidence that a specific

manufacturer's product is defective or dangerous to use.

(2) School buses shall be clearly marked as transporting students and shall undergo a

safety inspection no less than once every thirty (30) days.

(3) (a) Districts may also use vehicles owned, leased, or contracted by the district

that were designed and built by the manufacturer for passenger transportation

of ten (10) or fewer passengers, including the driver, for transporting students

to and from school along regular bus routes and approved school activities.

(b) Non-school bus passenger vehicles used under this subsection shall be clearly

marked as transporting students and undergo a safety inspection no less than

once every thirty (30) days. However, non -school bus passenger vehicles that

are not for daily use shall not be required to be inspected more frequently than

once every three (3) months.

(c) Non-school bus passenger vehicles used under this subsection shall be

operated by an employee or contractor of a lo cal school district that has a

valid Class D operator's license. An individual that operates a non -school bus

passenger vehicle to transport a student or students without a current valid

license required by this paragraph shall be subject to the penalties set forth in

KRS 156.990(4).

(d) The Kentucky Board of Education shall promulgate administrative regulations

in accordance with KRS Chapter 13A to establish:

1. Minimum standards and specifications for non -school bus passenger

vehicles used under this subs ection, including a standard for minimum

insurance coverage;

2. Minimum route safety standards and pick -up and drop-off protocols for

transporting students to and from school along a regular bus route using

non-school bus passenger vehicles that prohibit non -school bus

passenger vehicles from depositing a student at a location that would

require the student to cross a road or intersection to reach the student's

destination;

3. a. Minimum qualifications, training, and drug testing requirements

for an individual to be authorized to transport any student using a

non-school bus passenger vehicle owned, leased, or contracted by

a school district.

b. The minimum requirements for an individual authorized to

transport students to and from approved school activities shall:

i. Require an individual to possess a valid driver's lice nse and

identify any moving violations that would disqualify an

individual from being authorized to transport any student in a

non-school bus passenger vehicle;

ii. Include an initial three (3) hour training and a basic first aid

and cardiopulmonary resuscitation training; and

iii. Include drug testing requirements that shall require an

individual to submit to drug testing consistent, to the greatest

extent practicable, with the requirements of 49 C.F.R. pt. 40.

c. The minimum requirements for an individual transporting students

along a regular bus route:

i. Shall include the requirements for an individual authorized

to transport students to and from approved school activities;

and

ii. May include additional requirements deemed necessary.

d. A local board of education may establish additional qualifications,

training, and drug testing requirements for an individual to be

authorized to transport any student in a non -school bus passenger

vehicle.

(e) The transportation of a student pursuant to an agreement betw een a school

district and a parent to reimburse the parent for arranging transportation of his

or her own child to and from school or approved school activities shall not be

subject to any requirement imposed pursuant to this section.

(4) As part of its re gular procedure for establishing and updating standards and

specifications for school buses and non -school bus passenger vehicles, the

Kentucky Department of Education shall consider allowing school buses to operate

using clean transportation fuels, as def ined in KRS 186.750. If the department

determines that school buses or non -school bus passenger vehicles may operate

using clean transportation fuels while maintaining the same or a higher degree of

safety as fuels currently allowed, it shall update its st andards and specifications to

allow for such use.