T33CH15

Title 33 > T33CH15

Sections (15)

33-1501

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1501. Transportation authorized. To afford more equal opportunity for public school attendance, the board of trustees of each district, including specially chartered school districts, shall, where practicable, provide transportation for the public school pupils within the district, and pupils resident within adjoining districts annually agreed to in writing by the districts involved, under conditions and limitations herein set forth. Nonpublic school students may be transported, where practicable, when the full costs for providing such transportation are recovered. In approving the routing of any school bus, or in the maintenance and operation of all such transportation equipment, or in the appointment or employment of chauffeurs, the primary requirements to be observed by the board of trustees are the safety and adequate protection of the health of the pupils. Nothing herein contained shall prevent any board of trustees from denying transportation to any pupil in any school bus operated by or under the authority of said board, upon good cause being given, in writing, to the parents or guardian, or either of them, of such pupil. No board of trustees shall be required to provide transportation for any pupil living less than one and one-half (1 1/2) miles from the nearest appropriate school. A board of trustees may require pupils who live less than one and one-half (1 1/2) miles from the nearest established bus stop to walk or provide their own transportation to such bus stop. That distance shall be determined by the nearest and best route from the junction of the driveway of the pupil’s home and the nearest public road, to the nearest door of the schoolhouse he attends, or to the bus stop, as the case may be. The board may transport any pupil a lesser distance when in its judgment the age or health or safety of the pupil warrants. A day care center, family day care home, or a group day care facility, as defined in section 39-1102 , Idaho Code, may substitute for the student’s residence for student transportation to and from school. School districts may not transport students between child care facilities and home. Student transportation between a child care facility and a school will qualify for state reimbursement providing that the child care facility is one and one-half (1 1/2) miles or more from the school to which the student is transported. To effectuate the public policy hereby declared, the board of trustees of any school district may purchase or lease, and maintain and operate authorized vehicles for the transportation of pupils to and from school and school-related events; may enter into agreements or contracts for the use of a charter bus or buses; may enter into contracts with individuals, firms, corporations or private carriers; or may make payments to parents or guardians, subject to the limitations herein provided, when transportation is not furnished by the district. History

33-1502

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1502. Bus routes — Non-transportation zones. The board of trustees of each school district may establish, and alter, bus routes and establish, and alter, non-transportation zones. Such routes and zones shall be determined for each year not later than the regular August meeting of the board; but nothing herein shall be construed as limiting the board in altering such routes or zones when change in the condition of the roads, or in the number of pupils being transported would justify such alteration. A non-transportation zone shall comprise an area of a school district designated by the board of trustees which is impracticable, by reason of sparsity of pupils, remoteness, or condition of roads, to serve by established bus routes. Whenever practicable, routes shall be so established that no bus stop shall be more than one and one-half (1 1/2) miles from the intersection of the driveway of the home of any pupil otherwise eligible for transportation and the nearest public road; except that no board of trustees shall be required to route school buses or other passenger equipment over any road not maintained as a part of a highway district, county, state or federal highway system, or by the state or national forest service; except, that the primary requirements to be observed by the board of trustees are the safety and adequate protection of the health of the pupils. History: [33-1502, added 1963, ch. 13, sec. 80, p. 27.]

33-1503

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1503. Payments when transportation not furnished. a. Whenever any pupil lives more than one and one-half (1 1/2) miles from any established bus stop or from the school of attendance, as designated by the board of trustees, and such pupil is regularly transported by private vehicle not under contract with the school district, the board may pay to the parent or guardian an amount per month up to ten dollars ($10.00) per vehicle plus mileage at the current rate established by the state board of examiners for each round trip approved. b. Whenever in the judgment of the board of trustees any pupil residing within the area of a nontransportation zone, and otherwise eligible to transportation, cannot be transported in any manner herein authorized, the said board may pay to the parent or guardian thereof such amount of the cost incurred by the parent or guardian for the board and lodging of the pupil as may be authorized by the board of trustees. History: [33-1503, added 1963, ch. 13, sec. 81, p. 27; am. 1977, ch. 236, sec. 1, p. 710; am. 1982, ch. 92, sec. 2, p. 171; am. 1986, ch. 48, sec. 1, p. 140; am. 1997, ch. 115, sec. 1, p. 289.]

33-1504

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1504. Authorized vehicles. (1) The following vehicles are authorized for the transportation of pupils to and from school and school-related events when owned and operated by a school district or a common carrier and are used exclusively for transporting pupils, or is owned by a transportation contractor and is used regularly for transporting pupils: motor coach, multifunction school activity bus (MFSAB-TYPE A), multifunction school activity bus (MFSAB-TYPE C and D), multipurpose passenger vehicle (MPV), passenger car, truck, and school bus. (2) For the purposes of this section: (a) Motor coach means a motor vehicle that is not yellow and is designed and constructed at the factory for eleven (11) or more seating positions, including the driver. (b) Multifunction school activity bus (MFSAB-TYPE A) means a school bus that is not yellow, that is designed and constructed at the factory for eleven (11) to fifteen (15) seating positions, including the driver, and whose purposes do not include transporting students to and from home or school bus stops. (c) Multifunction school activity bus (MFSAB-TYPE C and D) means a school bus that is not yellow, that is designed and constructed at the factory for sixteen (16) seating positions, including the driver, and whose purposes do not include transporting students to and from home or school bus stops. (d) Multipurpose passenger vehicle or MPV means a motor vehicle with motive power, except a low-speed vehicle or trailer, that is designed and constructed at the factory for ten (10) or fewer seating positions, including the driver, that is constructed either on a truck chassis or with special features for occasional off-road operation, and whose purposes do not include transporting students to and from home or school bus stops. (e) Passenger car means a motor vehicle with motive power, except a low-speed vehicle or trailer, that is designed and constructed at the factory for ten (10) or fewer seating positions, including the driver, and whose purposes do not include transporting students to and from home or school bus stops. (f) Truck means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment, and whose purposes do not include transporting students to and from home or school bus stops. (g) School bus means a motor vehicle that has a seating capacity of more than ten (10) persons and meets the current national and state minimum standards for school bus construction. (3) Vehicles not meeting the definitions listed in subsection (2)(a) through (g) of this section shall not be used for transportation of pupils to or from school or school-related events. History: [33-1504, added 2025, ch. 278, sec. 4, p. 1179.]

33-1505

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1505. Seller’s warranty. All school buses shall at all times conform to standards of construction therefor specified by the state board of education. No contract shall be negotiated or executed for the purchase or sale of any school bus, body, or chassis, where the same is to be used as, or as a part of, a school bus, which said contract would provide for construction standards not in conformity with those specified by the said state board. Any person selling or offering for sale any school bus, or any body or chassis thereof, shall warrant that such school bus, body or chassis sold or offered for sale is in no respect below the standards of construction prescribed therefor by the state board of education. If, after the sale of any school bus, or any body or chassis, and before the same is placed into operation, an inspection as hereinafter required shall disclose that such equipment is below the said minimum standards, the seller shall, immediately after notification thereof and at his own expense, make such additions or changes as will meet the said minimum standards or, in lieu thereof, the said seller shall refund the full purchase price paid for such equipment by the buyer, and repossess the said equipment. History: [33-1505, added 1963, ch. 13, sec. 83, p. 27.]

33-1506

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1506. Inspection of Authorized vehicles. All authorized vehicles for the transportation of pupils to and from school and school-related events pursuant to section 33-1504 , Idaho Code, shall at all times conform to the standards of construction prescribed therefor by the state board of education. Before any newly acquired authorized vehicle is used for transporting pupils it shall be inspected by a duly authorized representative of the state department of education, and if, upon inspection, it conforms to prescribed standards of construction, or such other standards prescribed by law or regulation, it may be used for transporting pupils; otherwise, no such authorized vehicle shall be used for that purpose. The board of trustees of each school district shall provide for an annual inspection of all authorized vehicles by district personnel or upon contract at intervals of not more than twelve (12) months. The district, over the signature of the superintendent, shall file with the state department of education its report of inspection of the authorized vehicles operated by the authority of the school district. At intervals of not more than sixty (60) days during each school year the board of trustees shall cause inspection to be made of all authorized vehicles operating under the authority of the board. In accordance with section 33-1515 , Idaho Code, the board of trustees of the school district shall provide for an inspection of all authorized vehicles, except school buses, operating under the authority of the state board of education. In addition, the state department of education shall conduct random, spot inspections of authorized vehicles throughout the school year. Whenever any authorized vehicle is found, upon inspection, to be deficient in any of the prescribed standards, or is found in any way to be unsafe or unfit for the transportation of pupils, such vehicle shall be withdrawn from service and shall not be returned to service until the district certifies the necessary repairs have been made. History: [33-1506, added 1963, ch. 13, sec. 84, p. 27; am. 1980, ch. 330, sec. 1, p. 852; am. 1982, ch. 92, sec. 4, p. 172; am. 1997, ch. 29, sec. 1, p. 54; am. 2025, ch. 278, sec. 5, p. 1180.]

33-1507

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1507. Liability insurance related to transportation. The board of trustees of each school district owning and operating vehicles for the transportation of pupils, and any transportation contractor, shall have in effect at all times for each vehicle so used, insurance purchased from a company or companies licensed to operate in this state, in amounts not lower than the minimums set by the state board of education, indemnifying the insured against claims for any injury to or death of a person(s) arising out of the operation of the school transportation system. Each school district may purchase and keep in force, insurance in excess of such required minimum amounts; and insurance indemnifying the district, its officers and employees against any tort claims arising out of the operation of its school transportation system. History: [33-1507, added 1963, ch. 13, sec. 85, p. 27; am. 1982, ch. 92, sec. 5, p. 172.]

33-1508

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1508. Operation of school buses. (1) All school buses shall at all times be operated in conformity with law and with rules of the Idaho state police and the state board of education. (2) No school bus shall: (a) Cross any railroad track, or enter or cross any arterial highway without first coming to a full stop. If any such crossing, intersection or access be obscured by trees, buildings or other objects, or because of wind, storm or fog, the school bus driver shall open such windows and doors as will permit him to determine when it is safe to proceed; (b) Be operated at any time for the transportation of pupils by any person who does not have a current commercial driver’s license (CDL) as specified in section 49-105 , Idaho Code, and the minimum training for bus drivers as prescribed by the state board of education; (c) Be operated at any time in excess of its maximum occupancy as determined by the manufacturer. Occupancy at no time shall exceed three (3) persons in a seat. History: [33-1508, added 1963, ch. 13, sec. 86, p. 27; am. 1982, ch. 92, sec. 6, p. 173; am. 1989, ch. 88, sec. 68, p. 209; am. 2000, ch. 426, sec. 1, p. 1379; am. 2000, ch. 469, sec. 81, p. 1526; am. 2005, ch. 88, sec. 1, p. 305.]

33-1509

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1509. School bus drivers — Definition — Qualification — Duties — liability. For the purpose of this chapter, the term school bus driver shall mean any person who at any time is operating a school bus or authorized vehicle while transporting pupils to or from school, or to or from approved school activities. A board of trustees shall employ school bus drivers only upon prior application in writing, and the board shall require of school bus drivers employed by others who transport pupils of their district under contract the same information required in such written application. Each application shall contain at least the minimum information specified by the state department of education. Any person employed as a school bus driver shall be over the age of eighteen (18) years, be of good moral character and not addicted to the use of intoxicants or narcotics. School bus drivers shall meet the physical examination standards of the federal motor carrier safety regulations. Provided however, that individuals with insulin-dependent diabetes mellitus, who are otherwise medically qualified under the physical examination standards of the federal motor carrier safety regulations, may request a waiver for this condition from the state department of education. If the applicant meets the requirements as specified in subsections (1) through (7) of this section, the department shall grant a waiver. The department shall notify each applicant and each affected school district of its determination of eligibility with regard to each application for a waiver. An applicant shall: (1) Document that he has no other disqualifying conditions including diabetes-related complications; (2) Document that he has had no recurring, two (2) or more, hypoglycemic reactions resulting in a loss of consciousness or seizure within the past five (5) years. A period of one (1) year of demonstrated stability is required following the first episode of hypoglycemia; (3) Document that he has had no recurrent hypoglycemic reactions requiring the assistance of another person within the past five (5) years. A period of one (1) year of demonstrated stability is required following the first episode of hypoglycemia; (4) Document that he has had no recurrent hypoglycemic reactions resulting in impaired cognitive function that occurred without warning symptoms within the past five (5) years. A period of one (1) year of demonstrated stability is required following the first episode of hypoglycemia; (5) Document that he has been examined by a board-certified or board-eligible endocrinologist who has conducted a complete medical examination. The complete medical examination shall consist of a comprehensive evaluation of the applicant’s medical history and current status with a report including the following information: (a) The date insulin use began; (b) Diabetes diagnosis and disease history; (c) Hospitalization records; (d) Consultation notes

33-1510

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1510. Contracts for transportation service. (1) All contracts entered into by boards of trustees for the transportation of pupils shall be in writing using the current pupil transportation model contract developed by the state department of education. School districts may attach to the model contract addenda to meet local requirements. School districts shall submit to the state superintendent of public instruction a copy of the pupil transportation contract prior to both parties signing it, for a review of legal requirements and appropriate costs and for final approval. The state superintendent of public instruction shall respond to the school district within twenty-one (21) calendar days of the postmarked receipt of the contract by notifying the school district of contract approval or of recommended or required changes. A school district may appeal to the state board of education any changes the state superintendent requires, in which case the state board may, upon review, approve the contract without such changes. (2) No contract shall be executed covering a period of time exceeding five (5) years. School districts shall advertise, bid and contract for all bus transportation service routes at a single time, and contract with the lowest responsible bidder or bidders meeting the specifications; provided that, one (1) time only, a school district may renew a contract with the current contractor if the board of trustees, after renegotiation with the contractor, determines that the terms are satisfactory to the district. The board of trustees may renew the contract for a term not to exceed five (5) years. Renewal of any contract pursuant to this section shall not be granted unless the provisions of this section were included, in a substantially conforming summary, within the bidding notice, published pursuant to section 33-601 , Idaho Code, of the contract. (3) Before entering into such contracts, the board of trustees shall invite bids by twice giving notice as provided in section 33-402 (2), Idaho Code, and shall award the contract to the lowest responsible bidder. (4) Notwithstanding the provisions of subsection (2) of this section and any provision of law or rule to the contrary, contracts that receive federal funding pursuant to the federal clean school bus program, 42 U.S.C. 16091, may exceed five (5) years but may not exceed ten (10) years. History: [33-1510, added 1963, ch. 13, sec. 88, p. 27; am. 1987, ch. 9, sec. 1, p. 14; am. 1989, ch. 3, sec. 1, p. 4; am. 1997, ch. 40, sec. 2, p. 76; am. 1997, ch. 176, sec. 1, p. 495; am. 2004, ch. 136, sec. 1, p. 462; am. 2004, ch. 254, sec. 1, p. 725; am. 2009, ch. 171, sec. 6, p. 549; am. 2009, ch. 341, sec. 49, p. 1025; am. 2011, ch. 151, sec. 18, p. 428; am. 2022, ch. 87, sec. 1, p. 251.]

33-1511

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1511. State board of education — Powers and duties related to transportation. In addition to powers and duties of the state board of education hereinbefore prescribed, the said state board shall: (1) Designate a member of its staff as supervisor of school transportation responsible for a school bus driver training program and such program shall provide for a qualified driver trainer for each school district and with such duties as the board may prescribe; (2) Adopt, publish and distribute, and from time to time as need therefor arises amend, minimum standards for the construction of school buses, the basis of which standards shall be those incorporated in the latest report of the National Conference on School Transportation, which report shall be filed with the Idaho state police; (3) Approve the form(s) to be used for the inspection of school buses; (4) Authorize the supervisor of school transportation to conduct any combination of in-depth program reviews, fiscal audits, and reviews of annual reimbursement claims supporting documentation of each school district pupil transportation program at a frequency adequate to ensure compliance with state law, accuracy of data and reimbursement claims, and safety of school buses. Priority for selecting districts for review and audit shall be given to those districts that exceed both the most recent annual state average reimbursable cost per mile and the state average reimbursable cost per rider as calculated by the state department of education, unless the supervisor of school transportation determines otherwise; (5) Authorize the supervisor of school transportation, based upon results of program reviews, fiscal audits, and spot inspections as set forth in section 33-1506 , Idaho Code, to provide to school districts a list of required corrective actions, when necessary; (6) Require school districts to submit progress reports on those corrective actions developed by the supervisor of school transportation to the state department of education at prescribed intervals until deficiencies are corrected or the corrective actions no longer apply; (7) Withhold all or a portion of a district’s pupil transportation reimbursement funding in instances of noncompliance with the requirements of subsection (6) of this section or section 33-1506 , Idaho Code, provided that a district may appeal to the state board of education for reconsideration, in which case the state board of education may reinstate or adjust the withheld funds. History: [33-1511, added 1963, ch. 13, sec. 89, p. 27; am. 1980, ch. 330, sec. 2, p. 853; am. 1982, ch. 92, sec. 8, p. 174; am. 1991, ch. 30, sec. 4, p. 61; am. 1995, ch. 259, sec. 1, p. 843; am. 2000, ch. 469, sec. 82, p. 1527; am. 2004, ch. 135, sec. 1, p. 461.]

33-1512

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1512. Leasing of school buses. The board of trustees of a school district is hereby authorized to lease school buses. Such leasing agreements may be entered into only when commercial bus transportation is not reasonably available. For any school bus leased, the school district shall charge an amount not less than the school district’s current total cost per mile. All revenue in excess of operating costs incurred under the lease received from leasing school buses shall be placed in a fund designated for replacement of school buses. Whenever any school bus is leased, the lettering designating the vehicle as a school bus shall be covered and concealed and the admonitions to stop while loading and unloading pupils shall not be used in the operation of the vehicle. History: [I.C., sec. 33-1512, as added by 1974, ch. 230, sec. 1, p. 1587; am. 1976, ch. 167, sec. 1, p. 617; am. 1982, ch. 92, sec. 9, p. 174.]

33-1513

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1513. Pupil transportation support program fund. (1) In order to promote school transportation safety and awareness in Idaho and to help defray costs associated with Idaho’s oversight of the statewide pupil transportation support program, there is hereby created in the state treasury the pupil transportation support program fund to which shall be credited: (a) Moneys as may be provided by law; and (b) Interest earned on the investment of idle moneys in the fund, which shall be paid to the pupil transportation support program fund. (2) Moneys in the fund shall be continuously appropriated to the department of education, and any moneys remaining in the fund at the end of each fiscal year shall not be appropriated to any other fund. (3) Moneys in the fund shall be used only for educational programs promoting school transportation safety and awareness; provided however, the department of education is authorized to retain a portion of the moneys, not to exceed ten percent (10%) of annual revenues, to help defray costs associated with the implementation, administration and oversight of the statewide pupil transportation support program. History: [33-1513, added 2004, ch. 301, sec. 1, p. 841; am. 2018, ch. 169, sec. 6, p. 355.]

33-1514

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1514. Fee — Reimbursement for pupil transportation costs. The state department of education shall assess an annual fee based on past reimbursement to school districts, to be paid by all school districts claiming reimbursement for pupil transportation costs, to defray the department’s actual cost of providing financial reviews of school district pupil transportation records. Such fees shall be treated, and may be claimed as reimbursable pupil transportation costs, pursuant to the provisions of section 33-1006 , Idaho Code. History: [(33-1514) 33-1513, added 2004, ch. 388, sec. 3, p. 1166; am. and redesig. 2005, ch. 25, sec. 49, p. 101.]

33-1515

TITLE 33 EDUCATION CHAPTER 15 TRANSPORTATION OF PUPILS 33-1515. REQUIREMENTS FOR AUTHORIZED VEHICLES FOR THE TRANSPORTATION OF PUPILS TO AND FROM SCHOOL AND SCHOOL-RELATED EVENTS. (1) For the purpose of this section, the term authorized vehicle shall exclude any motor vehicle deemed a school bus when it has a seating capacity of more than ten (10) persons and meets the current national and state minimum standards for school bus construction and shall exclude parental transportation of children. (2) Authorized vehicles may be used when school bus transportation cannot be reasonably provided and shall not be routinely used for service for home-to-school and school-to-home purposes except for preschool children, special needs children, homeless children, foster children, children inaccessible to school buses, and students placed in alternative schools or for work programs or vocational or trades training. (3) Authorized vehicles may be used when school bus transportation cannot be reasonably provided for trips that are an extension of the instructional program. (4) The authorized vehicle shall be equipped with safety equipment, including a fire extinguisher, first aid kit, body fluid cleanup kit, spare fuses, and emergency reflectors. (5) The name of the school district, or the name of the contractor, if applicable, shall be clearly marked on the side of the vehicle. (6) Authorized vehicles shall be inspected by a qualified mechanic at intervals of not more than sixty (60) days during each school year. This inspection shall cover at the minimum all applicable requirements, documentation, and service procedures provided for by the state department of education and by the board of trustees of the school district. (7) It is the responsibility of each authorized vehicle driver to complete and document a daily pre-trip inspection before transporting pupils. (8) Loading of authorized vehicles shall be performed in compliance with the passenger, weight, and other associated restrictions as identified by the original equipment manufacturer. (9) Drivers of authorized vehicles shall meet at least the minimum requirements specified by the state department of education. History: [33-1515, added 2025, ch. 278, sec. 7, p. 1182.]