Untitled Texas Attorney General Opinion

October 14, 1965 Hr. Him-y Wade Opinion NO. c-526 District A,ttorney DaJJas county Re: Conatrmctlon of Article DaIlaa. Texas 2922-15, Vernon's Civil Statutes, relative to operation of School Deer Mr. Wade: BuBea . We quote from your letter requesting an opinion from this office in part a8 follows: "The Dallas County Board of School True- tees docs. operate a transportation system within, Dallas County. These buses are operated for the purpuse of transporting eligible pupil's to and from their ue~hool tiuildlngs. When,theFe, is no eonf~llct with the regular bua schedule, the buses are operated for field. tripe necessary for 4-R Club rork and for transporting of athletic teams and other organized groups sponsored by schools invo~vlng school activities. 'The Dallas County School Office is very pleased to render this service for the children of the varloue schools, provided it Is legal In every sense. We observe the same general pollclea In rendering this service that we do in transport- ing pupils from home to school and return. '(1) First consideratlori Is given to the safety of children. The, driver muat be capable and the bus must be safe. No insurance, is carried on Dallae County school buses or on the children who ride them. '(2) We get no speaial permits from city or other authority to travel over the streets and highways. -247i'- Mr. Henry Wade, page 2 (c-526) ‘(3) We deal only with an authorized of- ficial of the school district and accept payment on a cost basis only from the organization for which this service has been rend,ered,. ‘(4) Only school chlld.ren and. school teachers are eligible to ridge at ariy time. ‘Is the above procedure legal In all respects? ‘Are the members of the County Board of School Trustees, lnd.lvld.ually or collectively, liable In any way when Dallas County school buses a.re operated as Indicated above?“’ Section 2 (l), Article 2922-15, Vernon’s Civil Statutes, provides In part as follows: “Sec. 2. (1,) The County Boards of School Trustees of the several counties of this state, subject to the approval of the State Commisslon- er of Education, are hereby authorized to establish and operate an economical public school transporta- tion system within their respective counties. In establishing and operating such transportation sys- tems, the County Boards of School Trustees shall: (1) requisition buses and supplies from the State Board of Control as provided for In this Article; (2) prior to June 1st of each year,‘wlth said Commissioner’s approval, establish school bus routes within their respective counties forthe succeeding school year; (3) employ school bus drivers; and (4) be responsible for the,maln- tenance and operation of school buses. State warrants for transportation shall be made payable to the County School Transportation Fund in each county for the total amount of transportation funds for which the county is eligible under the provisions of this Act. "Provided, however, that when requested by the Board of Trustees of an independent school district, the County Board, of School Trustees shall authorize such lnd.ependent district to: (1) employ its school bus drivers; (2) be responsible for the maintenance and. operation of Its school buses; and (3) receive trans- portation payments direct from the state. When -2478- t ~Mr. .Renry Wade, page 3 (C-526) the County School Superintendent ,reports such authorization to the State Commlssloner of Education, state warrants for.transpor,tatlon fundslfor which the district Is .ellglbie shall be made to the Dlstrlct Transportation Fund, which la hereby created. "The County Boards of School Trustees and the state Commissioner of Education shall pro- mu&ate regulatlons In regard to the ,use of sohool buses for purposes other than transporting ellglble pupils to and from their classe,s. M 8, . .. . ,. The regulations promulgated under the authorley of .&?&ion 2 (l), by the' State Board',of Edu&atlon in regard to the use :~f ,sehool buses for purposes other thantransporting eligible pupils to land from their classes Is stated as'fol$ows: ."The policy of the State Board~of Educa- tion withreference to transporta%lon of pup110 ~ln the public free school~s of Texas in Irehlcle,s, the owners~hip, operation, or maintenance of .whlch involved In whole or in part, funds provld.eddunder the Foundation School Program Act, shall ,be: (a) The use ,of such vehicles shall be llmlted to the %ransport,atlon of chlld~ren who tire enrolled. and lnbona f,lde attendance in the public free schools ,of Texas, teachers, and, other ersonnel employed ,by the ~school ,distrlct; and (b P State funds shall not be provlded~ for transportation to any school dlstrlct not abiding by the llmltatlons prescrlbed,'ln this motion.' "'The use of school buses ,for e,xtra-curricu- lar actlvlties 1s definite a~p,art 0 e school @&o;yrn. The unit concern;:, either thEcounty e district, shall establlsh'approprlate re~gu- latlons for the u8e oft buses for all extra-currlcu- lar activities. Such regulations are subject to preview and approval by the State Commissioner of Education. These regulations should be In written form and available for transportation audits. Extra-curricular expeneea are not to be paid. from transportation funds.'" (Emphasis supplied). In addition, the Handbook for Local School Officials. which Is sent to all d.lstrlct and. county superintendents, contains Mr. Henry Wade, page 4 (c-526) the following statement: " "'Extra-curricular s,chool'bus use regula- " tlons may be consid.ered. approved unless evidence of willful misuse of discretion by local school officials is brought to the Commissioner's atten- tion."' With regard to the extra-curricular u,se~of school buses, there Is no conflict between those regulations pro- mulgated. by the coulity superintendent of public instruction for Dallas County and those regulations promulgated by the State Board. of Education. It Is our opinion that neither group of regulations violates any of the provisions of Article 2922- 15, Vernon's Civil Statutes , and. therefore each group is valid. Cohse&entl,y, it Is our opinion that the operation of Dallas Courity stihool buses in accord.ance with those regulations pro- mulgated by'the Dallas County Board., of School Trustees with regard to the extra-curricular use of school buses Is an au- thorized use of school buses und.er the provisions of Article 2922-15, Vernon's Civil Statutes. It Is our further opinion that the members of the County Board of School Trustees, in- divid,ually or collectively, are not liable In any way, when the school buses are operated In accordance with the outlined procedure. SUMMARY The operation of Dallas County school abuses in accordance with those regulations promulgated by the Dallas County Board of School Trustees with regard. to the extra-curricular use of school buses is an authorized, use of school buses under the pro- visions of Article 2922-15, Vernon's Civil Statutes. The members of the County Board of School Trustees, lndlvldually'or collectively, are not liable In any way, when the school buses are operated in accordance with the outlined procedure. Very truly yours, WAGGONER CARR Attorney General By: #&4?#dL!~* Ivan R. Williams, Jr. 1RWjr:ra:mkh Assistant -2480- 6’. . Mr. Henry Wade, page 5 (c-526) APPROVED: OPINION COMMITTEE w. v. Geppert, Chairman Pat Bailey Roy Johnson Paul Phy George Gray APPROVEDFOR THE ATTORNEY GENERAL BY: T. B. Wright -2481-