EEAG — Use of Private Vehicles to Transport Students and for Other School Purposes

Any use of private vehicles to transport students to or from school, field trips, athletic events, or other school functions, must have prior authorization by the Superintendent or his/her designee.  Nothing in this policy shall prohibit a parent or guardian from transporting their child to or from school for daily attendance. Nothing in this policy shall limit the authority of the Superintendent or his/her designee from contracting with a private vendor to provide student transportation in a manner consistent with the laws of the State.

The Board specifically forbids any employee to transport students, except the employee’s own children, for school purposes without prior written authorization by the Superintendent or his/her designee. Any employee seeking such permission shall be required to provide proof of a valid driver’s license, (one not subject to suspension) and to disclose whether in the past ten (10) years they have been convicted of reckless operation of a motor vehicle, driving under the influence of intoxicating liquors or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic.  Permission shall not be granted to any employee who lacks a valid driver’s license free of suspension, or who has been convicted of the aforementioned offenses. Individuals providing unauthorized student transportation do so without District permission and at their own risk, expense and liability.

Any employee or private citizen using their own or a rented vehicle to provide school-authorized student transportation must have automobile liability insurance of not less than $300,000 Combined Single Limit, provide a Certificate of Insurance naming the District as an Additional Insured and be a designated volunteer.  The District will maintain liability insurance, which shall be deemed in excess of the owner’s primary insurance for authorized student transportation.

To use a private vehicle for other school purposes, the employee must have the written permission of the Superintendent or his or her designee. Any employee seeking such permission shall be required to provide proof of a valid driver’s license, (one not subject to suspension) and to disclose whether in the past ten (10) years they have been convicted of reckless operation of a motor vehicle, driving under the influence of intoxicating liquors or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic.  Permission shall not be granted to any employee who lacks a valid driver’s license (one free of suspension). Permission shall not be granted to any employee or who has been convicted of the aforementioned offenses unless the employee provides the Superintendent or his/her designee with clear and convincing evidence of mitigating circumstances post-conviction, whereupon permission may be granted to the employee to use a vehicle for other school purposes, but not for student transportation.

This permission may be in the form of a standing permit for employees who use their own cars regularly for school purposes.  The permit shall state the particular purpose, and whether it includes transportation of students.

For all special trips involving students, including field trips, a special permit must be obtained in advance for the specific trip.

The employee who transports a student without the authorization described above shall be deemed to have acted outside the scope of their authority and the district shall assume no responsibility for indemnification of the employee  in the event  of a third party claim arising from an accident. The Board specifically forbids any employee to transport students for school purposes without prior authorization by the Superintendent or his or her designee, except in the case of an imminent health or safety emergency involving a student where no other emergency transportation alternative is available  In such an event, the employee shall immediately report the circumstances to the Superintendent or his/her designee

No student shall be sent on school errands using any automobile.

Reimbursement for use of private vehicles will be made only when the staff person has prior approval of the responsible administrator and any reimbursement shall be subject to any other applicable reimbursement policies and requirements of the District

Legal References:

New Hampshire Code of Administrative Rules Section Saf-C 1304.05, Exemption From School Bus Driver’s Certificate

     NH RSA 259:96-a.

     NH RSA 189:6-c.

Category:  R – Recommended

First Read:  May 7, 2019

Second Read:  May 21, 2019

Adopted:  May 21, 2019