28-900. School bus rules

A. The department of public safety in consultation with the school bus advisory council established by section 28-3053 shall adopt rules as necessary to improve the safety and welfare of school bus passengers by minimizing the probability of accidents involving school buses and school bus passengers and by minimizing the risk of serious bodily injury to school bus passengers in the event of an accident.

B. The rules may include:

1. Minimum standards for the design and equipment of school buses.

2. Minimum standards for the periodic inspection and maintenance of school buses.

3. Procedures for the operation of school buses.

4. Other criteria as deemed by the department of public safety and the school bus advisory council to be necessary and appropriate to ensure the safe operation of school buses.

C. The rules shall provide, if applicable, minimum standards equal to or more restrictive than those adopted by the United States department of transportation in accordance with 23 United States Code and rules adopted pursuant to 23 United States Code.

D. Notwithstanding a rule adopted by the department of public safety with respect to exterior color of a school bus, in order to reduce the interior temperature of a school bus, the exterior top of a school bus may be painted white, but the white area shall not extend beyond the center clearance lights, front and rear, and shall not extend below a line five inches above the top of the side windows.

E. An officer or employee of any school district who violates any of the rules or who fails to include the obligation to comply with the rules in any contract executed by the officer or employee on behalf of a school district is guilty of misconduct and is subject to removal from office or employment. Any person who operates a school bus under contract with a school district and who fails to comply with any of the rules is in breach of contract, and the school district shall cancel the contract after notice and a hearing by the responsible officers of the school district.

F. The department of public safety shall enforce the rules adopted pursuant to this section.