§ 115C-240. Authority and duties of State Board of Education. - North Carolina Statutes

§ 115C‑240.  Authorityand duties of State Board of Education.

(a)        The State Board ofEducation shall promulgate rules and regulations for the operation of a publicschool transportation system.

(b)        The State Board ofEducation shall be under no duty to supply transportation to any pupil oremployee enrolled or employed in any school. Neither the State nor the StateBoard of Education shall in any manner be liable for the failure or refusal ofany local board of education to furnish transportation, by school bus orotherwise, to any pupil or employee of any school, or for any neglect or actionof any county or city board of education, or any employee of any such board, inthe operation or maintenance of any school bus.

(c)        The State Board ofEducation shall from time to time adopt such rules and regulations withreference to the construction, equipment, color, and maintenance of schoolbuses, the number of pupils who may be permitted to ride at the same time uponany bus, and the age and qualifications of drivers of school buses as it shalldeem to be desirable for the purpose of promoting safety in the operation ofschool buses. Every school bus that is capable of operating on diesel fuelshall be capable of operating on diesel fuel with a minimum biodiesel concentrationof B‑20, as defined in G.S. 143‑58.4. No school bus shall beoperated for the transportation of pupils unless such bus is constructed andmaintained as prescribed in such regulations and is equipped with adequateheating facilities, a standard signaling device for giving due notice that thebus is about to make a turn, an alternating flashing stoplight on the front ofthe bus, an alternating flashing stoplight on the rear of the bus, and suchother warning devices, fire protective equipment and first aid supplies as maybe prescribed for installation upon such buses by the regulation of the StateBoard of Education.

(d)        The State Board ofEducation shall assist local boards of education by establishing guidelines anda framework through which local boards may establish, review and amend schoolbus routes prepared pursuant to G.S. 115C‑246. The State Board shall alsorequire local boards to implement the Transportation Information ManagementSystem or an equivalent system approved by the State Board of Education, nolater than September 1, 1992. The State Board of Education shall also assistlocal boards of education with reference to the acquisition and maintenance ofschool buses or any other question which may arise in connection with the organizationand operation of school bus transportation systems of local boards.

(e)        The State Board ofEducation shall allocate to the respective local boards of education fundsappropriated from time to time by the General Assembly for the purpose ofproviding transportation to the pupils enrolled in the public schools withinthis State. Such funds shall be allocated by the State Board of Education inaccordance with the number of pupils to be transported, the length of busroutes, road conditions and all other circumstances affecting the cost of thetransportation of pupils by school bus to the end that the funds soappropriated may be allocated on a fair and equitable basis, according to theneeds of the respective local school administrative units and so as to providethe most efficient use of such funds. Such allocation shall be made by theState Board of Education at the beginning of each fiscal year, except that theState Board may reserve for future allocation from time to time within suchfiscal year as the need therefor shall be found to exist, a reasonable amountnot to exceed ten percent (10%) of the total funds available for transportationin such fiscal year from such appropriation. If there is evidence ofinequitable or inefficient use of funds, the State Board of Education shall beempowered to review school bus routes established by local boards pursuant toG.S. 115C‑246 as well as other factors affecting the cost of thetransportation of pupils by school bus.

(f)         The respectivelocal boards shall use such funds for the purposes of replacing, maintaining,insuring, and operating public school buses and service vehicles in accordancewith the provisions of G.S. 115C‑239 to 115C‑246, 115C‑248 to115C‑254 and 115C‑256 to 115C‑259 and for no other purpose,but in the making of expenditures for such purposes shall be subject to rulesand regulations promulgated by the State Board of Education. (1955, c. 1372, art. 21, p.2; 1981, c. 423, s. 1; 1983, c. 630, ss. 3‑6; 1989 (Reg. Sess., 1990), c.1066, s. 96(a); 1991 (Reg. Sess., 1992), c. 900, s. 77(a); 2007‑423, s.1.)