Q May a school district pay an employee a board approved daily rate and health insurance for being on call to drive a bus for the school district? This employee would not be considered a regular school bus driver and would only drive when called upon.

A Section 37-41-81 provides local school boards the authority “to employ drivers for the operation” of school buses, which would include contracting with an individual to be a substitute bus driver. Their compensation is a factual determination to be made by the local school board. Section 25-15-15 provides for insurance (in pertinent part) for “regular non-student bus drivers.” If the district has determined that these substitute bus drivers are not “regular non-student bus drivers” as contemplated in Section 25-15-15, then the district may not provide health insurance coverage to these employees. (Attorney General’s Opinion to Hedgepeth, September 22, 2017)