1. (a) As used in this section, "child care center" means a nonresidential building where at least one (1) child receives child care from a provider licensed under IC 12-17.2-4 :

   1. (1) while unattended by a parent;
   2. (2) for regular compensation; and
   3. (3) for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.

2. (b) This subsection does not apply to a person with a developmental or physical disability who is provided transportation by a school corporation by means of a special purpose bus as provided in section 5(a)(3) of this chapter. An individual or entity who transports children in the care of a:

   1. (1) preschool operated by a school corporation;
   2. (2) public elementary school; or

   3. (3) public secondary school;

      on a public highway (as defined in IC 9-25-2-4 ) within or outside Indiana shall transport the children only in a school bus, a special purpose bus, or an appropriate vehicle. The school bus, special purpose bus, or appropriate vehicle may be used for transportation of the children to activities or for regular transportation between the residences of the children and the school.

3. (c) An individual or entity that transports children in the care of a child care center on a public highway (as defined in IC 9-25-2-4 ) within or outside Indiana in a vehicle designed and constructed for the accommodation of more than ten (10) passengers shall transport the children only in a school bus or special purpose bus.

4. (d) The operator of a:

   1. (1) school bus that transports children as required under subsection (b) or (c) must meet the requirements of IC 20-27-8 ; and
   2. (2) special purpose bus or an appropriate vehicle that transports children as required under subsection (b) or (c) must meet the requirements of section 5(c) of this chapter.
5. (e) This section does not prohibit the use of a public transportation system for the transportation of children if the motor carriage used is designed to carry at least twenty (20) passengers.

6. (f) This section does not prohibit a:

   1. (1) preschool operated by a school corporation;
   2. (2) public elementary school;
   3. (3) public secondary school; or

   4. (4) child care center;

      from contracting with a common carrier for incidental charter bus service for nonregular transportation if the carrier and the carrier's motor coach comply with the Federal Motor Carrier Safety Regulations as prescribed by the United States Department of Transportation Federal Highway Administration.

7. (g) Notwithstanding section 17 of this chapter, a person who violates this section commits a Class B infraction.

   [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-9.1-5-6.6.]

As added by P.L.1-2005, SEC.11. Amended by P.L.99-2007, SEC.174; P.L.168-2022, SEC.10.