§ 20-27-9-12 — Child care center; transportation

Indiana § 20-27-9-12

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 27: SCHOOL TRANSPORTATION
• Ch. 9: Use of School Buses

Text

(a) As used in this section, "child care
center" means a nonresidential building where at least one (1) child
receives child care from a provider licensed under IC 12-17.2-4:
(1) while unattended by a parent;
(2) for regular compensation; and
(3) for more than four (4) hours but less than twenty-four (24)
hours in each of ten (10) consecutive days per year, excluding
intervening Saturdays, Sundays, and holidays.
(b) This subsection does not apply to a person with a developmental
or physical disability who is provided transportation by a school
corporation by means of a special purpose bus as provided in section
5(a)(3) of this chapter. An individual or entity who transports children
in the care of a:
(1) preschool operated by a school corporation;
(2) public elementary school; or
(3) public secondary school;
on a public highway (as defined in IC 9-25-2-4) within or outside
Indiana shall transport the children only in a school bus, a special
purpose bus, or an appropriate vehicle. The school bus, special purpose
bus, or appropriate vehicle may be used for transportation of the
children to activities or for regular transportation between the
residences of the children and the school.
(c) An individual or entity that transports children in the care of a
child care center on a public highway (as defined in IC 9-25-2-4)
within or outside Indiana in a vehicle designed and constructed for the
accommodation of more than ten (10) passengers shall transport the
children only in a school bus or special purpose bus.
(d) The operator of a:
(1) school bus that transports children as required under
subsection (b) or (c) must meet the requirements of IC 20-27-8;
and
(2) special purpose bus or an appropriate vehicle that transports
children as required under subsection (b) or (c) must meet the
requirements of section 5(c) of this chapter.
(e) This section does not prohibit the use of a public transportation
system for the transportation of children if the motor carriage used is
designed to carry at least twenty (20) passengers.
(f) This section does not prohibit a:
(1) preschool operated by a school corporation;
(2) public elementary school;
(3) public secondary school; or
(4) child care center;
from contracting with a common carrier for incidental charter bus
service for nonregular transportation if the carrier and the carrier's
motor coach comply with the Federal Motor Carrier Safety Regulations
as prescribed by the United States Department of Transportation
Federal Highway Administration.
(g) Notwithstanding section 17 of this chapter, a person who
violates this section commits a Class B infraction.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-9.1-5-6.6.]

Legislative History

As added by P.L.1-2005, SEC.11. Amended by P.L.99-2007, SEC.174; P.L.168-2022, SEC.10.