8.36 Transporting Students in Private Vehicles

I. Definition

A. For the purposes of this policy, a private vehicle is any non-school bus passenger car or multipurpose passenger vehicle or truck, as defined by federal law, designed to transport fewer than ten (10) students.

II. The Board will normally use school buses, as defined in Florida Statutes, for all regular transportation of students, prekindergarten through grade 12. Regular transportation or regular use means to and from school or school-related activities which are part of a scheduled series or sequence of events to the same location. Regular transportation of students in private vehicles shall be authorized by the District’s Transportation Office on a case-by-case basis.

III. Except as provided in section I, the transportation of students in private vehicles may be authorized by the principal on a case-by-case basis only under the following conditions:

A. When a student is ill or injured and must be taken home or to a medical treatment facility under nonemergency circumstances and

  1. The school has been unable to contact the student’s parent, as defined by Florida Statutes, or the parent, or responsible adult designated by the parent is not available to provide the transportation;

  2. If the school has been unable to contact the parent prior to the transportation, the school shall continue to attempt to contact the parent until the school is able to notify the parent of the transportation and the circumstances.

B. When board employees are required to use their own vehicle to perform duties of employment, and such duties include the occasional transportation of students.

IV. The District may contract with a common carrier to transport students to and from in-season and postseason athletic contests and to and from a school function or event in which the district school board or a school has undertaken to participate or to provide for or sponsor the participation of students.

V. Any private vehicles used to transport students under this policy shall be currently registered in the State of Florida, be insured for personal injury protection and property damage liability in at least the minimum amounts required by law, and be in good working order. A person wishing to transport students in a private vehicle will request approval by submitting his/her driver’s license, vehicle registration and insurance identification card, to the District’s Transportation  Office in a reasonable amount of time before the planned travel. The District’s Transportation Office will examine the driver’s license, vehicle registration and insurance card, and may, in his or her discretion, give approval for the transportation of students in the private vehicles as requested.

VI. A driver who is transporting students under the provisions of this policy shall adhere to Florida laws and regulations related to driving including the Florida Ban on Texting While Driving Law.

VII. Any non-emergency transportation of a student in a private vehicle shall require parental notification and authorization.

VIII. Student transportation in private vehicles may only be authorized for trips within the State of Florida. When transportation is authorized in a private vehicle, students may only be transported in designated seating positions and shall be required to use the occupant crash protection system provided by the vehicle manufacturer. A student who is transported to an activity in a private vehicle approved under this policy shall return from the activity in the same vehicle, unless the student is released to his/her parent.

IX. When approval is granted for the transportation of students in a privately owned vehicle, the provisions of s. 1006.24 regarding liability for tort claims are applicable. District school board employees who provide approved transportation in privately owned vehicles are acting within the scope of their employment. Parents or other responsible adults who provide approved transportation in privately owned vehicles have the same exposure to, and protections from, risks of personal liability as do district school board employees acting within the scope of their employment. Benefits due from private vehicle insurance will be primary, except for workers’ compensation, in accordance with state law.

X. Notwithstanding any other provision of this policy, in an emergency situation which constitutes an imminent threat to student health or safety, school personnel may take whatever action is necessary under the circumstances to protect students.

Notwithstanding any other provision of this policy, a student’s parents are responsible for the transportation of students to and from extracurricular activities, including athletic events and practices, unless the school principal and athletic director determine the school will provide transportation. Factors such as the number of students involved and the proximity of the event will be among the factors considered when making such determination. School personnel are not permitted to assist in arranging for or providing transportation when the school does not provide transportation and the school district has no liability when transportation is not provided by the school.

Statuary Authority

Law(s) Implemented

State Board of Education Rules

History

Notes

1001.42(10), 1001.43(9), F.S.

316.305, 1006.21, 1006.22, 1006.24, F.S. 

6A-3.0171

ADOPTED: 08/21/01

REVISION DATE(S): 07/21/09, 04/15/14

11/06/18

02/2024

FORMERLY: 6.303