October 14, 

### 1965

Hr. Him-yWade 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 DeerMr. Wade: **BuBea**

**.**

Wequote from your letter requesting an opinion from this office in part a8follows:

"The Dallas County Board of School Truetees docs. operate atransportation system within, Dallas County. These buses are operated for the purpuse of transporting eligible pupil's to and **from** their ue~hooltiuildlngs. When,theFe,is no eonf~llct with the regular bua schedule, the buses are operated for field. tripe necessary for 4-R Club rork andfor 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. Weobserve the samegeneral pollclea In rendering this service that wedo in transporting pupils from hometo school andreturn. '(1) First consideratlori Is given to the safety of children. The,driver muatbe capable andthe bus must be safe. Noinsurance, is carried on Dallae County school buses or onthe children whoride them. '(2) Weget no speaial permits from city or other authority to travel over the streets and highways.

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### (c-526)

‘(3) Wedeal only with anauthorized official of the school district andaccept 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 ridgeat ariytime.

‘Is the above procedure legal In all respects?

‘Are the membersof the County Board of School Trustees, lnd.lvld.ually or collectively, liable In any way whenDallas 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,) TheCounty Boards of School Trustees of the several counties of this state, subject to the approval of the State Commissloner of Education, are hereby authorized to establish andoperate an economical public school transportation system within their respective counties. In establishing and operating such transportation systems, the CountyBoards 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,malntenance and operation of school buses. State warrants for transportation shall be madepayable to the County School Transportation Fundin each county for the total amountof transportation funds for which the county is eligible under the provisions of this Act. "Provided, however, that whenrequested 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 transportation payments direct from the state. When

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~Mr..RenryWade, 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 bemadeto the Dlstrlct Transportation Fund, which la hereby created. "TheCounty 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 andfrom their classe,s. M 8, .

. . . ,. Theregulations 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 landfrom their classes Is stated as'fol$ows:

."The policy of the State Board~of Education withreference to transporta%lon of pup110 ~lnthe 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 ProgramAct, shall ,be: (a) Theuse ,of such vehicles shall be llmlted to the %ransport,atlon of chlld~ren whotire enrolled. and lnbona f,lde attendance in the public free schools ,of Texas, teachers, and,other ,bythe ~school ,distrlct; and (bP ersonnel employed State funds shall not be provlded~ for transportation to any school dlstrlct not abiding bythe llmltatlons prescrlbed,'ln this motion.' "'The use of school buses ,for e,xtra-curricular actlvlties 1s definite a~p,art 0 e school @&o;yrn. Theunit concern;:, either thEcounty edistrict, shall establlsh'approprlate re~gulatlons for the u8e oftbuses for all extra-currlcular activities. Suchregulations are subject to previewandapproval 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 Handbookfor Local School Officials. which Is sent to all d.lstrlct and.county superintendents, containsMr. HenryWade, page 

### 4 (c-526)

the following statement: "

"'Extra-curricular s,chool'bus use regula- " tlons maybe consid.ered. approved unless evidence of willful misuse of discretion by local school officials is brought to the Commissioner's attention."'With regard to the extra-curricular u,se~of school buses, there Is no conflict between those regulations promulgated. by the coulity superintendent of public instruction for Dallas County andthose 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 Couritystihool buses in accord.ance 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 und.erthe provisions of Article 2922-15, Vernon's Civil Statutes. It Is our further opinion that the membersof the CountyBoard of School Trustees, individ,ually or collectively, are not liable In anyway, when the school buses are operated In accordance with the outlined procedure. SUMMARY

Theoperation 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 provisions of Article 2922-15, Vernon's Civil Statutes. Themembersof the County Board of School Trustees, lndlvldually'or collectively, are not liable In any way, whenthe school buses are operated in accordance with the outlined procedure. Very truly yours, WAGGONER

CARR Attorney General

1RWjr:ra:mkh By: #&4?#dL!~* Ivan R. Williams, Jr. Assistant
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. .

Mr. HenryWade, page 5 (c-526)

APPROVED: OPINIONCOMMITTEE

w. v. Geppert, Chairman Pat Bailey RoyJohnson Paul Phy George Gray APPROVED

FORTHEATTORNEY

GENERAL BY: T. B. Wright

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