Kentucky Revised Statutes

Ky. Rev. Stat. § 158.110 (2026)

Transportation of pupils

✓ current as of May 2026
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(1) Boards of education may provide transportation from their general funds or otherwise for any pupil of any grade to the nearest school to the pupil's residence within the district if the pupil does not live within a reasonable walking distance to such nearest school of appropriate grade level. The local board may provide transportation by means of a board-operated transportation system, transit authorities organized and operating pursuant to KRS Chapter 96A, local governmental mass transit systems, and individual contracted buses and vehicles. (2) When space is not available at the nearest school, boards of education may provide transportation from their general funds or otherwise for any pupil of any grade who does not live within a reasonable walking distance to the nearest school of appropriate grade level where space is available. Transportation may be provided by means pursuant to subsection (1) of this section. (3) Public elementary and secondary schools shall not change their present grade level structure without written permission from the Kentucky Board of Education. (4) The boards of education shall adopt policies to ensure the comfort, health, and safety of the pupils who are transported, consistent with the regulations of the Kentucky Board of Education regarding the transportation of pupils. (5) Boards of education shall adopt a transportation services policy based on the statewide transportation services policy guidelines. The transportation services policy shall contain the terms and conditions for use of transportation services for pupils who are transported and for their parents, legal guardians, or other persons exercising custodial control or supervision of the pupils who are transported, consistent with the requirements of KRS 158.148. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 9, sec. 1, effective July 15, 2024. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 201, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 161, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 155, sec. 82, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 78, sec. 3, March 29, 1976. -- Amended 1944 Ky. Acts ch. 173, sec. 10. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4399-20.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1942–2026 · leading case: Neal v. Fiscal Court, Jefferson Cnty., 986 S.W.2d 907 (Ky. 1999).
Neal v. Fiscal Court, Jefferson Cnty., 986 S.W.2d 907 (Ky. 1999). · cites it 5× “Furthermore, Appellees argue that the Fiscal Court's decision to exclude public school children from the plan is not fatal because KRS 158.110 mandates that the Board of Education provide transportation to all public school children who do not live within a reasonable walking…”
Schmidt v. Payne, 199 S.W.2d 990 (Ky. Ct. App. 1947). · cites it 4× “Appellees contend that KRS 158.110 requires all boards of education in this state'to furnish school transportation to all elementary pupils who do not live within a reasonable walking distance of their respective schools.”
Jenkins Indep. Schs. v. Doe, 379 S.W.3d 808 (Ky. Ct. App. 2012). “(Holding that KRS 158.110 required independent school districts to provide transportation for students.”
Hines v. Pulaski Cnty. Bd. of Educ., 166 S.W.2d 37 (Ky. Ct. App. 1942). · cites it 2× “Section 158.110 KRS (Section 4399-20, Carroll’s Kentucky Statutes) provides that the board of education shall furnish free transportation for all pupils attending- the elementary grades of a school district who do not live within a reasonable walking distance of the school, and…”
Cox v. Barnes, 469 S.W.2d 61 (Ky. Ct. App. 1971). “The administrator relies on KRS 158.110 which provides: “ * * * the Boards of Education shall adopt such rules and regulations as will insure the comfort, health and safety of the children who are transported, consistent with the rules and regulations of the State Board of…”
Bd. of Educ. of Clay Cnty. v. Bowling, 229 S.W.2d 769 (Ky. Ct. App. 1950). · cites it 2× “” KRS 158.110 deals with the transportation of pupils.”
Pike Cnty. Bd. of Educ. v. Varney, 253 S.W.2d 253 (Ky. Ct. App. 1952). “The Board of Education of Pike County operated the bus for the transportation of pupils, KRS 158.110, and carried liability or indemnity insurance against the negligence of the driver.”
Cornette v. Commonwealth, 899 S.W.2d 502 (Ky. Ct. App. 1995). “120(6), KRS 158.110(4), and KRS 160.370. Comette contends that the state regulation and the county guidelines differ with respect to when a driver may be tested, and whether both a blood test and urinalysis are to be performed.”
Bre'anna King v. Jefferson Cnty. Bd. of Educ. D/B/A Jefferson Cnty. Pub. Schs. (Ky. Ct. App. 2023). “Appellants contend that the individual Board members failed in their ministerial duty set out in KRS 158.110(4) requiring them to adopt rules and regulations to ensure the comfort, health, and safety of children who are being transported.”
India Thomason v. Denise Bradshaw, as Adm'x of the Est. of David Bradshaw, III (Ky. Ct. App. 2026). “KRS 158.110(4) also provides that Boards of Education shall adopt policies to ensure the comfort, health, and safety of the pupils who are transported consistent with the regulations of the Kentucky Board of Education regarding the -17- transportation of pupils.”
Hoefer v. Hardin Cnty. Bd. of Educ., 441 S.W.2d 418 (Ky. Ct. App. 1969). · cites it 4× “Hoefer, instituted this action asserting that the Hardin County Board of Education refused to furnish school transportation for his three children as required by KRS 158.110. The Hardin Circuit Court entered judgment for the board of education and dismissed the appellant’s…”
Bowen v. Meyer, 255 S.W.2d 490 (Ky. Ct. App. 1953). “Involved is the interpretation and application of KRS 158.110, which requires boards of education to furnish transportation to elementary pupils “who do not reside within reasonable walking distance of the school provided for them”.”
— Ky. Rev. Stat. § 158.110(1) — 1 case
Neal v. Fiscal Court, Jefferson Cnty., 986 S.W.2d 907 (Ky. 1999). “Furthermore, Appellees argue that the Fiscal Court's decision to exclude public school children from the plan is not fatal because KRS 158.110 mandates that the Board of Education provide transportation to all public school children who do not live within a reasonable walking…”
— Ky. Rev. Stat. § 158.110(4) — 3 cases
Cornette v. Commonwealth, 899 S.W.2d 502 (Ky. Ct. App. 1995). “120(6), KRS 158.110(4), and KRS 160.370. Comette contends that the state regulation and the county guidelines differ with respect to when a driver may be tested, and whether both a blood test and urinalysis are to be performed.”
Bre'anna King v. Jefferson Cnty. Bd. of Educ. D/B/A Jefferson Cnty. Pub. Schs. (Ky. Ct. App. 2023). “Appellants contend that the individual Board members failed in their ministerial duty set out in KRS 158.110(4) requiring them to adopt rules and regulations to ensure the comfort, health, and safety of children who are being transported.”
India Thomason v. Denise Bradshaw, as Adm'x of the Est. of David Bradshaw, III (Ky. Ct. App. 2026). “KRS 158.110(4) also provides that Boards of Education shall adopt policies to ensure the comfort, health, and safety of the pupils who are transported consistent with the regulations of the Kentucky Board of Education regarding the -17- transportation of pupils.”
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