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6-19-101. Regulations and Standards Generally. the Commission For

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6-19-101. Regulations and Standards Generally. the Commission For 6-19-101. Regulations and standards generally. The Commission for Arkansas Public School Academic Facilities and Transportation shall promulgate rules and standards governing the school transportation program in school districts that promote and provide a safe, efficient, and economical system of pupil transportation. HISTORY: Acts 1943, No. 156, § 1; 1945, No. 31, § 1; 1947, No. 420, § 1; A.S.A. 1947, § 80-1810; Acts 2009, No. 1473, § 4. 6-19-102. Authority to transport students -- Vehicles and operators. (a) The board of directors of each school district in the state is authorized to purchase vehicles and otherwise provide means for transporting pupils to and from school, when necessary. (b) To this end it may hire or purchase such school buses or other vehicles and hire persons to operate them, or make such other arrangements as it may deem best, affording safe and convenient transportation to the pupils, and the board of directors may pay for all such property or services out of the funds of the district. (c) Any contract with any member of the school district board of directors for the transportation of children or to drive a bus shall be null and void. (d) A bus or other vehicle used in transporting pupils in one (1) district shall not be used to transport pupils in another district without the consent of the Department of Education, except as specifically allowed by law. (e) The buses shall be of such specifications as may be prescribed by uniform rules of the Commission for Arkansas Public School Academic Facilities and Transportation. HISTORY: Acts 1931, No. 169, § 102; Pope's Dig., § 11545; A.S.A. 1947, § 80-1801; Acts 1999, No. 1078, § 75; 2009, No. 1473, § 5; 2013, No. 420, § 1. 6-19-103. Directors exempt from liability. (a) It is declared that the directors of all school districts and special school districts in this state in the discharge of their duties as such directors act in a necessary governmental function. (b) Therefore, no action for personal injuries or damage to property arising out of the acts, conduct, or omissions of such directors in their official capacities shall be brought or maintained in this state against directors personally. HISTORY: Acts 1943, No. 156, § 3; A.S.A. 1947, § 80-1812. 6-19-104. Bus drivers generally. Drivers or operators of school buses shall comply with all laws and regulations pertaining to school bus drivers or operators not in conflict with the provisions of §§ 6-19-101, 6-19-103, 6-19-105 [repealed], and 6-19-106. HISTORY: Acts 1943, No. 156, § 1; 1945, No. 31, § 1; 1947, No. 420, § 1; A.S.A. 1947, § 80-1810. 6-19-105. [Repealed.] 6-19-106. Bus drivers -- Qualifications. (a) No person physically defective or of unsound mind, known to be a habitual drunkard or of immoral habits, or who has been convicted within the past three (3) years of operating a motor vehicle in a reckless manner or while under the influence of intoxicating liquor or narcotic drugs, who has a general reputation of being a fast and reckless operator of motor vehicles without regard to the rights of others, or who is less than nineteen (19) years of age on June 30 following his or her last birthday shall be permitted or employed to act as chauffeur or operator of any school bus, either privately or publicly owned, operated by public school districts and used to transport pupils to and from the public schools in the State of Arkansas. (b) (1) All school bus drivers employed as provided herein are exempt from the regular chauffeur's license as heretofore required by law. (2) This subsection does not, however, apply to drivers of buses operated for other purpose or purposes than to transport school children. HISTORY: Acts 1943, No. 156, § 1; 1945, No. 31, § 1; 1947, No. 420, § 1; 1985, No. 757, § 1; A.S.A. 1947, § 80-1810; Acts 1989, No. 794, § 1; 1999, No. 391, § 15. 6-19-107. Bus drivers -- Application for employment -- Driving records. (a) (1) An applicant for employment as a school bus driver shall submit an application prescribed by the Division of Public School Academic Facilities and Transportation to the school district in which he or she seeks employment. (2) The application shall include a statement signed by the applicant that authorizes the release of his or her traffic violation report from the Office of Driver Services to provide the school district with the applicant's driving record. (b) The office shall report the applicant's driving record without charge to the school district requesting the record. (c) (1) The applicant's driving record shall be evaluated according to guidelines established by the division prior to permanent employment. (2) The school district may hire an applicant as a bus driver on a temporary basis until official verification of the driving record is received and evaluated. (3) The school district shall review and maintain a file of semiannual reports on the driving records of school bus drivers. HISTORY: Acts 1985, No. 757, § 2; A.S.A. 1947, § 80-1826; Acts 2005, No. 1327, § 3. 6-19-108. Bus drivers -- Certification. (a) (1) An applicant seeking employment as a driver or an operator of a school bus, either privately or publicly owned, is required to take and pass a series of tests as prescribed by the Department of Arkansas State Police under § 27-23-108 and the Division of Public School Academic Facilities and Transportation to determine the physical fitness and driving ability to serve as a school bus driver. (2) The tests shall include: (A) A physical examination given by a licensed physician or advanced practice nurse for school bus drivers, as required by the division; (B) Other requirements as may be prescribed by rules issued jointly by the department and the division for qualifications and fitness of school bus drivers; and (C) A successfully completed standard bus driver training and preservice behind-the-wheel training program as prescribed by the division. (b) Upon successful completion and documentation of training listed in subdivision (a)(2)(C) of this section, a certificate, valid for one (1) year, shall be issued by the division. (c) (1) A school bus driver shall not be employed as an operator of a school bus to transport children to and from school or school-sponsored activities unless he or she has satisfactorily completed the in-service training required in subsection (d) of this section and possesses a current valid certificate therefor. (2) The certificate shall be required in addition to a commercial driver's license and any additional qualifications required by the school district board of directors. (d) A school bus driver who seeks a renewal of his or her bus driver certificate shall provide proof that he or she has satisfactorily: (1) Passed a physical examination given by a licensed physician or advanced practice nurse within the previous two (2) years; and (2) Completed in-service training for school bus drivers as prescribed by the division. (e) A school district board of directors may provide a substitute driver to operate a school bus on a temporary basis without a certificate until the next regularly scheduled school bus driver's examination is held in the locality if: (1) A qualified school bus driver is not available to operate a school bus due to death, resignation, disability, illness, or other cause; and (2) The school district board of directors is not able to obtain a qualified bus driver with a certificate. (f) Extracurricular trips shall be made by certified drivers only. (g) A person who violates the provisions of this section is guilty of a Class A misdemeanor. HISTORY: Acts 1963, No. 191, §§ 1-4, 6; 1965, No. 449, § 1; 1985, No. 757, §§ 3, 4; A.S.A. 1947, §§ 80-1821 -- 80-1825; Acts 2005, No. 1327, §§ 4, 5; 2005, No. 1994, § 196; 2009, No. 1473, § 6. 6-19-109. Bus drivers -- Seat belts. The driver or operator of a school bus shall wear a seat belt at all times while operating the school bus whenever the bus is so equipped. HISTORY: Acts 1985, No. 757, § 5; A.S.A. 1947, § 80-1827. 6-19-110. Bus drivers -- Loading and discharging pupils. (a) As used in this section: (1) "Motor vehicle" means all vehicles, all movable engines, or machines that are operated or propelled by motor vehicle fuel and that are operated and used for travel on public roads and highways; and (2) (A) "School bus" means a motor vehicle designed to carry ten (10) or more passengers that is: (i) Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school or school-sponsored activities; or (ii) Privately owned and operated for compensation for the transportation of students to or from school or school- sponsored activities. (B) A motor vehicle designed to carry more than twenty-five (25) passengers is exempt from this section if the motor vehicle is: (i) Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school-sponsored activities but not used to transport students on any scheduled school bus route; or (ii) Privately owned and operated for compensation under contract to a school district and used for the transportation of students to or from school-sponsored activities. (b) The purpose of this section is to improve the safety of children being loaded and unloaded as passengers on a school bus. (c) (1) The superintendent and director of transportation of each school district, in consultation with the appropriate law enforcement agency and appropriate prosecuting authority, shall develop a school bus safety plan designed to ensure the safety of children being loaded onto or unloaded from school buses.
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