HAR §8-28-3. School bus driver's responsibility and authority

Students being transported in a school bus under contract with or operated by the State shall be under the authority of and directly responsible to the driver of the bus. The driver of a school bus shall permit rides only to students assigned or eligible to ride a school bus as determined by the department and may assign students to sit in specific seats on the school bus. The driver of the school bus shall make reasonable efforts to insure that student riders observe the passenger safety code. However, drivers shall not refuse rides to eligible riders or eject students en route unless it is an emergency. In an emergency, the emergency procedure in paragraph (2) of this section shall apply. Drivers shall observe the following procedures: (1) In reporting infractions of the safety code, the driver shall submit a written report to the principal not later than two school days after the incident occurs on the form provided by the department. If the report is not submitted within two school days after the incident occurs, the principal may refuse to consider the case. Whenever possible, the driver shall inform the student that the student is being reported. (2) In an emergency in which a student attacks or otherwise endangers other students or the driver, the driver shall stop at the nearest safe location to make reasonable efforts for self-protection and protection of other students. In the event the driver cannot make the protective efforts, the driver shall set the brakes and gear to secure the bus, remove the ignition keys, evacuate noninvolved students from the bus and call for police assistance. If there is no telephone nearby, the driver may obtain the assistance of other motorists or pedestrians to call the police. The driver shall verbally inform the school of the action taken immediately after completing the run and submit a written report not later than two school days after the incident occurs. The driver may refuse to transport a student if the student's behavior would jeopardize the safety of other passengers or the driver. Before that action is taken, the driver shall inform the driver's supervisor, parent, and school principal. The driver shall not continue to refuse transportation if the school principal notifies the driver that the student can be transported. (3) If the driver suspects or observes use of drugs on the bus, the driver shall radio in the information to the company, request police assistance and give the approximate time of arrival at the school, or if it is an afternoon run, the approximate time of arrival at the suspect's or violator's bus stop. The dispatcher shall request the district police to meet the bus at the school or at the bus stop. If the bus has no radio, the driver shall report the incident to the principal and the bus company supervisor after the driver has discharged all students. The bus company supervisor and principal shall notify the police of the incident. The driver shall not threaten nor order students off the bus en route. In the event an emergency where a student endangers other students or the driver, the emergency procedure in paragraph (2) of this section shall apply. The driver shall not search students nor detain students by force on the bus. If the police or school officials are not at the loading area or bus stop, students shall be permitted to leave. [Eff. NOV 5, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§286-181, 302A-1112)