CHAPTER 8. SCHOOL BUS DRIVERS
IC 20-27-8
Chapter 8. School Bus Drivers
IC 20-27-8-1
School bus driver or school bus monitor; requirements
Sec. 1. (a) An individual may not drive a school bus for the
transportation of students or be employed as a school bus monitor
unless the individual satisfies the following requirements:
(1) Is of good moral character.
(2) Does not use intoxicating liquor during school hours.
(3) Does not use intoxicating liquor to excess at any time.
(4) Is not addicted to any narcotic drug.
(5) Is at least:
(A) twenty-one (21) years of age for driving a school bus; or
(B) eighteen (18) years of age for employment as a school
bus monitor.
(6) In the case of a school bus driver, holds a valid public
passenger chauffeur's license or commercial driver's license
issued by the state or any other state.
(7) Possesses the following required physical characteristics:
(A) Sufficient physical ability to be a school bus driver, as
determined by the committee.
(B) The full normal use of both hands, both arms, both feet,
both legs, both eyes, and both ears.
(C) Freedom from any communicable disease that:
(i) may be transmitted through airborne or droplet means;
or
(ii) requires isolation of the infected person under 410 IAC
1-2.3.
(D) Freedom from any mental, nervous, organic, or
functional disease that might impair the person's ability to
properly operate a school bus.
(E) Visual acuity, with or without glasses, of at least 20/40
in each eye and a field of vision with one hundred fifty (150)
degree minimum and with depth perception of at least eighty
percent (80%).
(b) This subsection applies to a school bus monitor.
Notwithstanding subsection (a)(5)(B), a school corporation or school
bus driver may not employ an individual who is less than twenty-one
(21) years of age as a school bus monitor unless the school
corporation or school bus driver does not receive a sufficient number
of qualified applicants for employment as a school bus monitor who
are at least twenty-one (21) years of age. A school corporation or
school bus driver shall maintain a record of applicants, their ages,
and their qualifications to show compliance with this subsection.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-2
School bus driver driving summary
Sec. 2. (a) Before a school corporation enters into a:
(1) contract with a school bus driver; or
(2) fleet contract under IC 20-27-5;
the school corporation shall obtain, at no fee from the bureau of
motor vehicles, a copy of the school bus driver's driving summary for
the last seven (7) years as maintained by the bureau of motor vehicles
or the equivalent agency in another state.
(b) To obtain a copy of the school bus driver's driving summary
as required under subsection (a), the school corporation shall provide
the bureau of motor vehicles with the following information:
(1) The school bus driver's name.
(2) The school bus driver's Social Security number.
(3) Any other information required by the bureau of motor
vehicles.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-3
Consumption or possession of controlled substance; offense
Sec. 3. (a) As used in this section, "controlled substance" has the
meaning set forth in IC 35-48-1.
(b) An individual who is a school bus driver and who knowingly
and intentionally:
(1) consumes a controlled substance or an intoxicating liquor
within six (6) hours before:
(A) going on duty; or
(B) operating a school bus; or
(2) consumes or possesses a controlled substance or an
intoxicating liquor while on duty or while operating a school
bus;
commits a Class A misdemeanor.
(c) It is a defense in a prosecution under this section if a
controlled substance is consumed or possessed in accordance with a
medical prescription issued by an Indiana physician to the individual
who consumes or possesses the controlled substance.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-4
School bus driver; physical examination certificate
Sec. 4. An individual who is or intends to become a school bus
driver must obtain a physical examination certificate stating that the
individual possesses the physical characteristics required by section
1(a)(7) of this chapter. The certificate shall be made by a physician
who is licensed in Indiana or a state bordering Indiana after the
physician has conducted a physical examination of the school bus
driver or prospective school bus driver. The physician shall be
chosen by the school bus driver or prospective driver, who shall pay
for the examination.
As added by P.L.1-2005, SEC.11. Amended by P.L.82-2009, SEC.1.
IC 20-27-8-5
School bus driver; public passenger chauffeur license; physical
examination timing
Sec. 5. (a) When an individual holds a contract to serve or is
serving as a school bus driver at the time the individual obtains a
public passenger chauffeur's license, the individual shall undergo the
physical examination required by section 4 of this chapter at about
the same time as the individual acquires the chauffeur's license. The
certificate of examination and qualification shall be filed not more
than seven (7) days after the examination.
(b) When an individual executes a contract to drive a school bus
or begins serving as a school bus driver after obtaining a public
passenger chauffeur's license, the individual may not drive a school
bus unless:
(1) the individual files a certificate of a physical examination
made at the time the individual last secured a public passenger
chauffeur's license; or
(2) if a certificate was not made at the time of the prior
examination or is unobtainable, the individual undergoes a new
physical examination and files a certificate from that
examination.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-6
School bus driver; additional physical examination
Sec. 6. A governing body may, at any time, require a school bus
driver operating a school bus for the school corporation to submit to
a physical examination by an Indiana physician selected by the
corporation. The school corporation shall pay the cost of an
examination under this section.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-7
Transportation or fleet contract; compensation
Sec. 7. When a school bus driver operates under a transportation
or fleet contract, the compensation for the school bus driver or fleet
contractor is determined and fixed by the contract on a per diem
basis for the number of days on which:
(1) the calendar of the school corporation provides that students
are to attend school;
(2) the driver is required by the school corporation to operate
the bus on school related activities; and
(3) inservice training is required by statute or authorized by the
school corporation, including the safety meeting workshops
required under section 9 of this chapter.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-8
School bus driver employment contract; compensation
Sec. 8. The compensation of a school bus driver who is employed
by a school corporation on a school year basis under an employment
contract shall be fixed in the employment contract.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-9
Annual safety meeting; attendance required
Sec. 9. A school bus driver, including a school bus driver who
drives a bus for a nonpublic school, shall attend an annual safety
meeting or workshop. A safety meeting or workshop may not exceed
two (2) days in any one (1) calendar year.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-10
Preservice school bus driver safety experience and education
requirements
Sec. 10. (a) An individual who does not have at least thirty (30)
days experience in driving a school bus during the three (3) year
period immediately preceding the effective date of the individual's
assignment as a school bus driver for a public or nonpublic school
that is accredited by the state board within Indiana shall satisfactorily
complete a preservice school bus driver safety education training
course. The course may not exceed forty (40) hours.
(b) Course attendance must be completed:
(1) before the assignment of an individual required to take the
course as a school bus driver; or
(2) if immediate assignment is necessary, upon the completion
of the next scheduled course following the assignment.
(c) The state superintendent shall provide instructors, adequate
meeting facilities, registration forms, a uniform course of instruction,
and all other necessary materials for the preservice school bus driver
safety education meetings.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-10.5
Special purpose bus driver safety plan
Sec. 10.5. (a) Not later than September 1, 2009, the department
shall:
(1) develop;
(2) provide to the general assembly and the public; and
(3) implement;
a plan to promote safe driving practices for drivers of special purpose
buses.
(b) The plan developed under subsection (a) must provide clear,
concise information concerning statutes and rules that affect special
purpose buses and special purpose bus drivers.
(c) The department shall update the plan developed under
subsection (a) as necessary.
(d) The department shall distribute the plan developed under
subsection (a) in the most cost effective manner, as determined by
the department.
As added by P.L.146-2009, SEC.5.
IC 20-27-8-11
Annual safety meeting; time and place
Sec. 11. The committee shall fix the date, time, and place for the
annual safety meetings or workshops.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-12
Conduct of annual safety meeting
Sec. 12. The committee and the superintendent of the state police
department shall provide instructors, adequate meeting facilities, and
all other necessary facilities for the annual school bus driver safety
meetings or workshops. The committee and the state police
superintendent shall also prepare and furnish a uniform course of
instruction to be used in the meetings or workshops.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-13
Annual safety meeting; registration
Sec. 13. (a) The committee shall provide a uniform system for the
registration of school bus drivers who are required to attend the
annual safety meetings or workshops. This registration system must
do the following:
(1) Accurately reflect the attendance of each school bus driver
at each session of the annual meeting or workshop.
(2) Provide a registration form indicating the school bus driver's
name and legal address, and the name of the school the school
bus driver represents.
(b) The state superintendent shall supervise registration of school
bus drivers at the annual safety meetings or workshops.
(c) The principal of each school shall prepare and collect the
attendance records of school bus drivers who attend any safety
meeting or workshops and shall make a written report of the
attendance records to the state superintendent not more than ten (10)
days after the meeting or workshop.
(d) Records of attendance shall be filed in the office of the state
superintendent and maintained there as public records for at least
three (3) years.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-14
Annual safety meeting; nonattendance
Sec. 14. If a school bus driver for a school corporation fails or
refuses to attend a school bus driver meeting or workshop, the
governing body of the school corporation shall deduct one (1) day's
compensation for each day of absence.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-15
School bus driver training certification
Sec. 15. (a) The driver of a school bus for a public or nonpublic
school that is accredited by the state board shall have in the school
bus driver's possession, while transporting passengers, a certificate
that states the school bus driver has:
(1) enrolled in or completed a course in school bus driver safety
education as required under sections 9 and 10 of this chapter; or
(2) operated a school bus at least thirty (30) days during the
three (3) year period preceding the effective date of the school
bus driver's employment.
(b) A certificate of enrollment in or completion of the course or
courses in school bus driver safety education shall be prescribed by
the committee and completed by the designated representative of the
committee.
(c) A driver of a school bus who fails to complete the school bus
driver safety education course or courses, as required, shall be
reported by the person who conducted the course to the committee
and to the school corporation where the school bus driver is
employed or under contract.
(d) A driver of a school bus who fails to complete the school bus
driver safety education course or courses, as required, may not drive
a school bus within Indiana while transporting a student.
As added by P.L.1-2005, SEC.11.
IC 20-27-8-16
Violation
Sec. 16. Except as provided in section 3(b) of this chapter, 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.39.