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.
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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
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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
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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
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