LOUISVILLE, Ky. (WDRB) -- JCPS has filed a lawsuit claiming that nearly 400 buses are lemons.

The school district filed the lawsuit Friday afternoon against the company that manufactured the buses, as well as the company that distributed them.

JCPS has 1,250 operating buses.

They claim 396 of those are wearing out too fast.

Ben Jackey, the Communications Specialist for JCPS says the buses that are experiencing problems aren't even ten years old.

"This really starts with our 2005 models all the way up to our 2011 purchases," said Jackey.

He says parents shouldn't worry because this is not a safety issue, but a reliability one.

He says there are two engines that are causing problems with the buses.

"One is just excessive wear in one of the engines causing a lot of problems whether it be electrical or other things but they're wearing too fast for as new as these engines are," he said.

Jackey says the other problem is called 'growing oil' where diesel fuel gets in the oil, causing more engine problems.

Not all the bus problems are visible but some are, including rust underneath.

WDRB talked with a spokesperson at Navistar Corporate Headquarters. They said they don't comment on pending litigation.

"What we're asking International to do is hold up its end of the bargain," Jackey said.

All JCPS buses are inspected every 30 days but Jackey says these buses are costing them extra time which is also costing money.

"It's cost us well over a million dollars just to this point," he said.

And that's tax payer money.

"Tax payers and parents expect us to get their kids to and from school in a timely manner and safe. The second thing they expect is that we're good stewards of the tax payer dollars. We're holding International accountable and we want to make sure they remedy the problem," Jackey told WDRB.

So the lawsuit is filed. What's next?

"They have the opportunity to respond and if we can't come to an agreement, we'll play this out in court," Jackey said.

Officials say the issues will not cause any problems on the first day of school. JCPS classes resume Aug. 20.

Copyright 2013 WDRB News.  All rights reserved.