(A) The State, acting through the State Board of Education, assumes no obligation to transport any student to or from school who lives within one and one-half miles of the school he attends, nor to provide transportation services extending within three-tenths of a mile walking distance of the residence of any student, nor to furnish transportation for any student who attends a school outside the school attendance zone in which the student resides when the same grade is taught in an appropriate school that is located within the school district in which the student resides. The State shall bear the cost of transporting students to regularly organized instructional classes in the school attendance area for which state-required school credit is given. The State is not responsible for any additional transportation that is not authorized by state law or regulation.
(B) The State may assume the obligation of transporting students living within one and one-half miles of their schools and within three-tenths of a mile walking distance of their residences when it is for the health and safety of the students where hazardous traffic conditions are involved, provided funds are appropriated annually by the General Assembly for this purpose. In these cases, the local school district shall apply in writing to the State Department of Education for the State to assume the financial responsibility for this transportation, provided funds are appropriated annually by the General Assembly for this purpose. If funds are not appropriated by the General Assembly, then neither the State nor a local school district is required to assume this obligation. Highway and railroad traffic hazardous criteria must be established by the school district governing body and must address the safety of the walk zone as it relates to the location of the school to the student's residence, the traffic patterns, speeds and volume on roadways and railroads, the existence of sidewalks or other walk paths, the student's age, available crossing control systems and personnel, and other factors considered pertinent. The districts shall weigh the need for state hazardous transportation funds by giving priority to students who are least familiar with traffic movement and the complexity of the traffic hazards. The Department of Education shall equitably allocate appropriated funds to the district for hazardous transportation services, provided funds are appropriated by the General Assembly for this purpose. The department shall receive each district's applications for transportation within a hazardous area and apply these against the district's allocation until available funds are exhausted. When available state funds are exhausted, the remaining costs are the responsibility of the respective district, if the local school district has elected to assume this obligation. If funds are not appropriated by the General Assembly, then neither the State nor a local school district shall be required to assume this obligation.
(C) Notwithstanding the provisions of subsection (A), the State shall transport and bear the cost of transporting three-and four-year-old students attending public school programs to their residences at the conclusion of a morning child development session and from their residences to an afternoon child development session.
(D) The State shall provide school transportation service as closely and safely as practicable, to the residence of each unescorted student who is eligible to receive state-funded school transportation service and who is enrolled in a full-day four-year-old child development program or kindergarten through the second grade, provided funds are appropriated annually by the General Assembly for this purpose. The State shall provide school transportation service within two-tenths of a mile of each unescorted student's residence who is eligible to receive state-funded school transportation service and who is enrolled in third through fifth grade provided funds are appropriated annually by the General Assembly for this purpose. The special provisions of unescorted students in child development through fifth grade are limited to service documented in the annual route plan. If funds are not appropriated by the General Assembly, then neither the State nor a local school district is required to assume this obligation. Any unescorted stop made pursuant to this subsection is deemed in compliance with any applicable regulation as determined by the State Department of Education.
(E) An unescorted student is defined as a student who has no adult or responsible older person available to accompany him to or from the school bus stop for the purpose of providing protection and guidance. Parents or guardians may be considered unavailable for escort if they make application to, meet the unescorted criteria established by, and are granted approval by the school district governing body. The extent and level of service for students will be established and implemented by each individual school district to assure that the most efficient, safe, and timely service possible is provided. To insure equitable distribution of available funds, the State Department of Education must approve the school district criteria associated with the distribution of funds as provided in this subsection. The criteria may consider parents and guardians who are nonambulatory, who are caretakers for a person requiring their undivided attention, or for other similar circumstances.
(F) The State shall provide to the local school district the number of school buses required to accommodate all students identified as eligible for transport with state funds under the provisions of Section 59-67-420.
HISTORY: 1962 Code Section 21-834; 1952 Code Section 21-834; 1951 (47) 546; 1977 Act No. 85; 1978 Act No. 644 Part II Section 6A; 1984 Act No. 512, Part II, Section 15A; 1988 Act No. 532, Section 15; 2007 Act No. 79, Section 6, eff June 7, 2007.
Effect of Amendment
The 2007 amendment rewrote this section.
Structure South Carolina Code of Laws
Chapter 67 - Transportation Of Pupils; School Buses
Section 59-67-10. "School bus" defined.
Section 59-67-30. Painting and markings of school buses.
Section 59-67-40. Applicability of laws and regulations to private school buses.
Section 59-67-50. Removal of identification marks from former school buses.
Section 59-67-60. Repainting of former school buses.
Section 59-67-70. Dual wheels.
Section 59-67-80. Windshield wiper, brakes, lights, and rear view mirrors.
Section 59-67-90. Gasoline tanks.
Section 59-67-100. Seating space; aisle; seats; number and location of pupils.
Section 59-67-105. Maximum ride time; routing.
Section 59-67-108. Training and certification of drivers.
Section 59-67-110. Front entrance-exit; emergency exit.
Section 59-67-120. Tampering with governors prohibited.
Section 59-67-130. Inspection of road conditions on bus routes; reporting hazards.
Section 59-67-140. Inspection of road conditions on bus routes; duties of drivers.
Section 59-67-150. Qualifications of bus driver; drinking or smoking on bus.
Section 59-67-160. Physical examination of school bus driver.
Section 59-67-180. General supervision of bus by driver.
Section 59-67-190. Driver prohibited from leaving bus while engine is running.
Section 59-67-200. Complete stop to receive or discharge passenger required.
Section 59-67-210. School bus passing another school bus unlawful.
Section 59-67-220. Filling gasoline tank while engine is running or pupils are on bus prohibited.
Section 59-67-230. Driver required to stop before crossing railroad track.
Section 59-67-240. Other duties of driver; discipline of pupils for misconduct.
Section 59-67-245. Interference with operation of school bus; penalties.
Section 59-67-250. Posting of copies of relevant statutes.
Section 59-67-260. Check of school bus operation by Department of Public Safety.
Section 59-67-270. Inspection of buses.
Section 59-67-290. Negligence or carelessness of driver not imputable to passengers.
Section 59-67-300. Overnight parking; waivers.
Section 59-67-410. Control by State Board of Education of school bus transportation.
Section 59-67-420. Extent of transportation to be provided.
Section 59-67-421. Liability in regard to school transportation within hazardous areas.
Section 59-67-425. Transportation of children attending kindergarten or child development programs.
Section 59-67-450. Form of indebtedness; interest; payment.
Section 59-67-470. Bus drivers; selection; eligibility, training and certificates.
Section 59-67-480. Salaries of drivers of State-owned buses.
Section 59-67-490. Proposed routes shall be submitted to Board of Education annually; approval.
Section 59-67-500. Routes of buses owned and operated by local school agencies.
Section 59-67-515. Speed limit for public school buses; exceptions.
Section 59-67-520. Transportation of handicapped persons.
Section 59-67-530. Expenses of operation of State and locally owned buses.
Section 59-67-540. Supplies and maintenance of state-owned buses; maintenance and supply stations.
Section 59-67-550. Installment purchase of maintenance shops.
Section 59-67-570. Rules and regulations.
Section 59-67-580. Replacement cycle; funding.
Section 59-67-585. Use of biodiesel fuel.
Section 59-67-710. Contracts of insurance on state-owned school buses.
Section 59-67-720. Payment of premiums.
Section 59-67-740. Contracts of insurance on county and district-owned and contract buses.
Section 59-67-760. Waiver of claim against bus driver.
Section 59-67-765. Waiver of sovereign immunity up to limits of insurance coverage.
Section 59-67-770. State's immunity not waived.