3301-83-16 Non-routine use of school buses.

“Non-routine use of school buses” is defined as transportation of passengers for purposes other than regularly scheduled routes to and from school. School buses may be used for non-routine trips only when such trips will not interfere with routine transportation services.

(A) Approved non-routine use of buses

(1) Trips that are extensions of the instructional program as determined by school district or county board of mental retardation and developmental disabilities administration.

(2) Trips for the transportation of enrolled pupils directly participating in school-sponsored events. A “school-sponsored event” is defined as any activity in which pupils are participating and are under the direct supervision and control of a certified staff member or any advisor as designated by the superintendent.

(3) Transporting pupils taking part in summer recreation programs when such programs are sponsored by a recreation commission and there is an agreement between the board of education, and the recreation commission.

(4) Trips for transportation of the aged when contracted with a municipal corporation or a public or nonprofit private agency or organization delivering services to the aged.

(5) Trips for transportation of pupils and/or adults, as approved by the board of education to and from events within the local community which are school or local community sponsored. Such events shall be open to the public.

(6) Emergency evacuation and/or emergency evacuation drills when such emergencies are declared by state or local directors of emergency disaster services.

(7) A civil emergency as declared by a governing authority.

(8) Transporting school and/or school bus owner employees engaged in approved employee improvement programs.

(9) Transportation coordination, to participate with local human services providers, in transporting welfare reform participants and those participating in temporary assistance programs.

(B) Costs

No pupil charge may be made for transporting pupils to and from regular day classes and other educational field trips on school days. This applies equally to board-owned buses and privately-owned buses operated under a contract with a board of education. A fee not to exceed actual costs may be assessed for transportation to and from educational field trips on non-school days. This rule does not apply to private transportation arranged for or by parents or other groups not related to the educating school board, or for transportation not required under section 3327.01 of the Revised Code and not provided for by the school board on a regular basis.

The board of education or county board of mental retardation and developmental disabilities shall recover an amount not to exceed the actual operational costs associated with non-routine use of school buses, with the exception of field trips that are extensions of the instructional program. These costs include the following, as reported on the district’s T-2 reports the Ohio department of education:

(1) Driver salary and benefits;

(2) Fuel;

(3) Maintenance;

(4) Service;

(5) Supervision;

(6) Insurance.

(C) Permits School bus owners or their designees shall issue a trip permit which shall accompany the driver on any non-routine trip. The permit shall provide the following information:

(1) Date of trip;

(2) Destination;

(3) Purpose of trip;

(4) Name of school district;

(5) Drivers name;

(6) Bus registration number;

(7) Total miles of trip;

(8) Designated meal stops;

(9) Drivers must have a route map for destination;

(10) School bus owner or designee signature.

(D) Chaperones

One or more adult chaperones, as approved by the school bus owner or designee, may accompany each school bus required for any non-routine trip involving school-age passengers. The chaperon’s responsibility shall be to assist the school bus driver in maintaining passenger control and in enforcing procedures for the safety of all passengers. A certificated person licensed as a school bus driver may serve as a chaperon and driver concurrently.

(E) Out-of-state trips

Any out-of-state travel shall remain within two hundred forty miles round-trip distance from point of exit from the state to the point of entry to the state.

(F) Driver selection for assignment to non-routine trips should be based upon a policy adopted by the school bus owner which gives consideration to driver knowledge, skill, experience, vehicle familiarity and experience in operating a bus in the area to be traveled.

(G) A pre-trip inspection as detailed in paragraph (B) of rule 3301-83-11 of the Administrative Code shall be completed and documented immediately prior to departure of a school bus on a non-routine trip. Such pre-trip inspection will not be necessary provided the bus received a documented pre-trip inspection during routine service on the same day and by the same driver.

(H) Transportation coordination

(1) Each school bus owner may participate in the written county transportation plan that establishes policies regarding the transportation needs of Ohio works first participants seeking or striving to retain employment. A copy of the plan shall be maintained on file.

(2) Based upon the availability of local and/or state resources, school bus owners may enter into contractual agreements with local social service agencies to provide school bus transportation to Ohio works first participants, when there are no other alternative methods of transportation as identified in the county transportation plan.

The social service agency(ies) shall pay for the fully allocated costs associated with the use of the school bus(es).

(a) The agency(ies) shall agree to hold harmless the school bus owner from all liability arising from such use.

(b) The school bus owner and/or agency(ies) must obtain liability in an amount equal to or greater than the maximum tort damage permitted by law.

(d) Mileage under such contract/agreement is not reimburseable by the department of education.

(3) School bus owners may enter into agreement with any recognized organization serving the aged to provide for the use of school buses, under certain conditions:

(a) The organization must pay for the fully allocated costs associated with the use of the bus(es)

(b) The organization must agree to hold harmless the school bus owner from all liability arising from such use

(c) The school bus owner and/or organization must obtain liability in an amount equal to or greater than the maximum tort damage permitted by law.

(d) The proposed use is consistent with owner policies regarding the use of school buses.

(e) Mileage under such contract/agreement is not reimburseable by the department of education.

(4) The first priority for the use of school buses must be for the purposes outlined in Chapter 3301-83 of the Administrative Code.

(5) Transportation coordination shall not be conducted during those times the school bus is in regular use and school children, or persons attending programs offered by community boards of mental health and county boards of mental retardation and developmental disabilities, are being transported.

(6) It will be the responsibility of the school bus owner to ensure compliance to all laws and regulations applicable to such additional use of the school bus.

Effective: 05/23/2008

R.C. 119.032 review dates: 02/27/2008 and 05/23/2013

Promulgated Under: 119.03

Statutory Authority: 3301.07, 4511.76

Rule Amplifies: 3327.16, 4511.76

Prior Effective Dates: 9/1/70, 10/22/84, 7/1/91, 10/5/98, 10/1/04