GA Code § 20-2-1071 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 22 - School Buses|Part 1 - Powers of State and Local School Officials|§ 20-2-1071. Transportation Contracts

 Whenever the county board of education deems it for the best interest of the schools of the county, it shall also have the right and power to contract with individuals or corporations for the transportation of pupils and school employees to and from school.   (Ga. L. 1947, p. 1461, § 3.)   Cross references.   - Power to contract for transportation of pupils, § 20-2-504.   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1910, § 1551 (100), which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.   Transportation not restricted to transporting children to and from school.    - No provision of this section requires that transportation be restricted to merely transporting children to school from their homes and from school to their homes. Burke County Bd. of Educ. v. Raley, 104 Ga. App. 717, 123 S.E.2d 272 (1961).    Transportation of pupils and teachers is a matter addressed entirely to the discretion of several county boards of education of this state, having due regard to the facts and circumstances and the special needs and financial ability of the respective county boards. Douglas v. Board of Educ., 164 Ga. 271, 138 S.E. 226 (1927) (decided under former Code 1910, § 1551 (100)).    School superintendent is not authorized to exercise the authority vested by this section in the county board of education. McLeod v. Pulaski County, 50 Ga. App. 356, 178 S.E. 198 (1935) (decided under former Code 1910, § 1551 (100)).   Board can purchase trucks with funds derived from state or raised by local taxation.    - County board of education can purchase trucks for transportation and pay therefor from the public school funds of the county derived from the state or raised by county wide taxation. McKenzie v. Board of Educ., 158 Ga. 892, 124 S.E. 721 (1924) (decided under former Code 1910, § 1551 (100)).    School trustees of district with bonded treasurer which has levied tax are without power to furnish the means of transportation. McKenzie v. Board of Educ., 158 Ga. 892, 124 S.E. 721 (1924) (decided under former Code 1910, § 1551 (100)).    Board of Houston County was without authority to consolidate rural schools with Perry City school, and the board was without the authority to contract for the transportation of pupils to and from the school and to expend school funds for that purpose. Board of Educ. v. Hunt, 159 Ga. 749, 126 S.E. 789 (1925) (decided under former Code 1910, § 1551 (100)).   OPINIONS OF THE ATTORNEY GENERAL   Local school board's authority to contract with local transit authority.   - There is no limitation on a local school board's authority to contract with a local transit authority for reduced fares for students. 1989 Op. Att'y Gen. U89-11.    Lease agreement whereunder board leases buses for single year is not on the agreement's face illegal  merely because the agreement also gives the school board three one-year renewal options coupled with a purchase option exercisable at the end of the final renewal period; such an agreement might be subject to attack, however, if the yearly "rental payments" are so grossly in excess of what reasonably could be considered to be the "fair rental value" of the buses as to lead to a conclusion that the transaction, while disguised as a lease-plus-purchase option, is essentially a "conditional sale." 1965-66 Op. Att'y Gen. No. 65-33.   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Schools, § 281 et seq.   C.J.S.   - 78A C.J.S., Schools and School Districts, § 1044 et seq.   ALR.   - Tort liability of public schools and institutions of higher learning for accidents associated with transportation of students, 23 A.L.R.5th 1.