E OWNEY GENERAL OF a‘EXAS

September 28, 1961

HonorableHenry Wade Opinion No. WW-1157 DistrictAttorney RecordsBuilding Re: Construction of Article Dallas 2, Texas 2922-15,Vernon's Civil Statutes, relative to transportationof pupils to and from schools in Dear Mr. Wade: cities.
In reference to the above captionedmatter you have submitted the following questions:

"1. Are childrenwho live within cities denied transportationif they live within twomiles from a bus line, even though such bus does not go anywhere reasonablynear their school? 2. Is the "public transportation"intendedby the statute limited to city bus systems, or does it e:-tend

to any form of public transportation such as GreyhoundBus lines, and the like? 3. Is the "public transportation"intended by the statute to include shuttlebuses which are operatedby the city bus system but which do not run at hours which would serve school childrenwho must meet the school systemhours for the beginning and ending of school? 4. What city is intendedby the words "cities having public transportation",when parts of the Dallas Independent School District include a portion>ut not all of the City of Dallas, h an there are parts of cities, such as Highland Park,University Park, Rylie, and etc.,which lie within the Dallas Independent School District, and the children live within two miles of a City of Dallas bus roate, but do not live within the corporate limits of the City of Dallas? 5. Do the words "nearestpractical route" include a measurement in the oppositedirection from the particular schoolwhich the childmust attend?Honorable Henry Wade, page 2 (WW-1157)

6. Do the words "nearestpracticalroute" include a routewhich:

(a) Has no sidewalksrequiring that a child walk in the street; (b) Has no paved street; (c) Requires that the childrenuse alleys, paved or unpaved; (d) Requires that the children traverse an area which offersmore than the usual and ordinaryhazards and dangers for children?
7. When the act dealswith childrenwho livewithin two miles of public transportation,is it intended that the particular transportationavailable to a particular childmust afford a reasonableand practical means for that child to travel tohis or her particular school?"
In connectionwith the above questionsyou submitted the following factual situations:

"In the City of Dallasmany bus lineswill come to the downtown area but come nowhere near a particular school. In some instances children theoreticallycould ride across town to some point and secure a transfer to another line thatmight take them near their particular school. Inmany cases the childrenmay be too young and inexperiencedto ride over the city alone and make transfer connections - and the time consumed in some instanceswould make the transfer completely impractical. In other instances theremay be no bus to which a transfer can be had which will go anywhere near a particular school." Before reachingyour questions,we point out that nothing in the legislative schemebearing upon the subjectprohibits local school authorities from furnishing inter-citytransportation facilities for their students if it is within their financial means. We know that this is actually done at this time in some cities entirely at the expense of the local school authorities and/ or the parents of children desiring such service.
We also point out that the statutesbearing upon the subject conferno affirmativeproperty right upon anyone to receive.

Honorable Henry Wade, page 3 (w-1157)

free transportationfor school children. The legislation i.1questionmerely permits payment from the state to reimburse local authorities for service furnished under certain circumstancesand forbids reimbursement from state funds under other circumstances. Nothing in the lawprevents such service from being furnished through local authorities if they deem it advisable and feasible to do so. Sub~section

3 of Article 2922-15,Vernon's Civil Statutes provides as follows:

"Allbus routes and transportation systems shall be reviewedby the State Commissioner of Education and he shallbe responsible for establishingcriteria for evaluating the several transportation systems of this state,but all such criteria shallbe subject to the approval of the State Board of Education. The Commissioner shall evaluate all transportation systemsas rapidly as possible. No new bus routes or bus route extensions shall be approved prior to the survey of the transportationsystem of the district or county requestingnew equipment or extensions. In cities having public transportation, no child residingwithin the city limits of such city shallbe eligible to be transportedat state expense unless such child residesmore than two (2)miles, measured by the nearest practical route, from public transportation service of such city.
'In approving a transportation system for a district or a county, consideration shall be given to providing transportationfor only those pupils who live two (2) or more miles from the school they attend, and no consideration shallbe given to providing transportationfor pupils from one district to anotherwhen their grades are taught in their home districtsunless the transfer of such pupils has been approvedby the County Boards of School Trustees as providedby law. There shall be no duplication of bus routes or duplication of services within sending districtsby buses operatedby two (2) school districts and/or counties except upon approvalby the Commissioner of Education. All funds paid to the several transportationunits for the operation of transportationsystems of this state shall be expended for no other purpose. The Commissioner of Education shall formulate rules and regulations.

HonorableHenry Wade, page 4 (WW-1157)

for enforcing the transportationsections of this Act, subject to the approval of the State Board of Education. Appealsmay be had from policies of CountyBoards of Trustees affecting transportation to the Commissioner of Education, and to the State Board of Education Inmatters relating thereto." The phrase "public transportation service" is of primary importance in properly answeringyour principal question. The word "public"has been defined to mean: "Public,adj. Pertaining to a state,nation, or whole community;proceeding from, relating to, or affecting the whole body of people or an entire community. Open to all; notorious. Common to all ormany; general; open to common use. . . . 10F. 621. Belonging to the people at large, relating to or affecting the whole people of a state,nation, or community;not limited or restricted to any particular class of the community D
. . 111 A.L.R. 721. '1Black's Law Dictionary,Fourth Edition. "Transportation"has been defined to mean: "The removal of goods or persons from one place to another9b a carrier." 154 U.S. 447, 5 S.Ct. 82&22 L.Ed. 527, 29 L.Ed. 158, 38 L-Ed. 1047, Black's Law Dictionary,Fourth Edition." The term "transportationservice"has been definedby the Court of Appeals of Kentucky to mean "transportationservice is one which essentially requiresno other service to complete the object of the s,hipper,"Andrews Steel Co. v. Davis, 276 SW 148 (1925). In support of the above statementas to themeaning of the term "transportationservice" the court cited the following cases: Vicksburg, S. & P.R. Co. v. R.R. Commission, 137 La. ;Q;,@ s 161; Sparta Gas & Elec. Co. v. Illinois Southern

2;; Ill 346 9= N E 312. Grand Trunk R. Co. v. Michi- &i-i?I'Co. (D.C:) 196 F,'lO&i affirmed in 231 U.S. 457 34 S

. ct. 152, 58 L-Ed., 310; and J. B. Doppes Sons Lumber Co: v. C., N.O. & T.P.R. Co., 92 Ohio St. 2Ob,,110 N E b40 L R A .o , es. 191bD9
‘J52. The object of the school child is to reach the school, and if the public transportationdoes not go to the school or the vicinity thereof, it would require "other service to complete the object of the" child, and hence would not constitute "transpor-HonorableHenry Wade, page 5, (WW-lly)

tation service" as that term is used in the statute.
It seems clear to us from reading Section 3 of Article 2922-15 in its entirety tnat it was the evident Intention of the legislature to deal with adequate transportationof children to and from the public schools. This interpretationis buttressedby the expression of legislative intent contained in the emergency clause of Article 2922-15,wherein it is stated, "The urgent need to provide a more efficient and equitable system for the transportationof public school pupils creates an emergency, etc." (Emphasis ours.)
Your detailed questions concernproblems raised by special fact situationswhich shouldbe resolvednot by this office,but in accordancewith the procedure set forth in Article 2922-15, V.C.S.
As set forth above, Section 3 of Article 2922-15 provides: "Allbus routes and transportation systems shall be reviewed by the State Commissioner of Education and he shallbe responsible for establishingcriteria for evaluating the several transportation systems of this state, but all such criteria shallbe subject to the approval of the State Board of Education." and 11 0

. * The Commissioner of Education shall formulate rules and regulations for enforcing the transportation sections of thisAct, subject to the approval of the State Board of Education. Appealsmay be had from policies of County Boards of Trustees affecting transportationto the Commissioner of Education, and to the State Board of Education in matters relating thereto." The above languageprovides that the Commissioner is required to "formulaterules and regulations for enforcing the transportation sections of this Act, the State Board of Education." subject to the approval of We are confident that the Commissioner will perform this duty in harmony with this opinion. Copies of these rules and regulations,upon approvalby the State Board of Education, should be furnished the County Boards of Trustees and other local school authorities for their guidance. The local school authorities shouldmake the initial determination in light of this opinion and such rules and regulations, as to whether transportation to and from school, in a- .

Honorable Henry Wade, page 6 (WW-1157)

particular fact after reviewing situationmay merit assistance from the state,

the factual situation involved. Of course, the decisionby the local authorities is subject to being reviewed by the Commissioner of Education and the StateBoard of Education as stated in saidArticle.

SUMMARY

The Texas EducationAgencymay furnish financial assistance to local school authorities for transportationprovided by such local authorities for students who reside two or more miles from a public transportation service to and from the school. Whether the public transportation service available in the particular city is adequate or suitable or practical for a particular student or a particular school is a fact question thatmust be initially resolved by the local school authorities in accord with rules and regulationsprescribedby the Commissioner of Education and approved by the StateBoard of Education.

Yours very truly,
WILL WILSON Attorney General of Texas

By: Assistant WVG/rd
APPROVED: OPINION COMMITTEE H. Grady Chandler, ChairmanHonorable Henry Wade, page 7 (W-1157)

Marvin Thomas Henry G. Braswell Marietta Payne Riley Eugene Fletcher
REVIEWEDFOR THE ATTORNEY GENERAL BY: HoughtonBrownlee, Jr.