GA Code § 20-2-188 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 6 - Quality Basic Education|Part 5 - Program Weights and Funding Requirements|§ 20-2-188. Student Transportation

  The amount of funds needed by a local unit of administration to pay expenses of student transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient student transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon prevailing circumstances which affect, in varying ways, the cost of student transportation authorized by this Code section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under this Code section during any school year shall not exceed the actual costs incurred by the local unit in transporting students to and from public schools, including costs for transportation for disabled or limited-English-proficient students who must travel across local school system lines or away from the school to which they would normally be assigned if they did not have such special needs. It is further provided that the costs of the regular student transportation program receive full funding before funds are provided for transportation of students to and from places for the purpose of work experiences, training in instructional laboratories outside the assigned schools, and in other such field trips required of or integral to the various instructional components of the educational program. In establishing the schedule of standards and variable student transportation costs or cost factors, the state board is, without limiting the generality of the foregoing, authorized to consider factors and circumstances such as the number and density of students transported in the local unit of administration and the areas therein served by school buses; the suitability of school bus routes in the local unit; the suitability of the type and number of buses used by the local unit; the number of miles traveled by school buses in the local unit; minimum bus loads; transportation surveys, cost of transportation equipment, and depreciation schedules; the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Code section; the number of school bus drivers allotted to the local unit; maintenance, repair, and operating costs of transportation equipment; climate and terrain; condition of roads used for the purpose of transporting students in the local unit; cost of liability insurance; cost of safety instruction and training for both bus drivers and students; and such other factors and circumstances as the state board may find relevant for the purpose of establishing such schedules and cost factors. The state board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Code section.   The State Board of Education shall establish a schedule of uniform minimum salaries that shall be paid by local units of administration to drivers of school buses, regardless of type of ownership, which shall be not less than the amount appropriated by the General Assembly each year but not less than $500.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. Local units of administration shall not pay to any bus driver in their employment salaries less than those prescribed by the uniform minimum salary schedule but shall have the authority to supplement such salaries. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of student transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers.   To the extent that the State Board of Education obtains a state-bid price under subsection (b) of Code Section 20-2-168 on any standard item of equipment, supply, or service used or obtained by local units of administration in connection with or as a result of providing transportation services to students attending the public schools of such local units or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under subsection (a) of this Code section shall be based upon an amount not in excess of the state-bid price on such item or expense.   Students who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported students for the purpose of calculating that portion of the expense of student transportation associated with transporting students from home to school and from school to home as authorized under subsection (a) of this Code section, provided such students are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any student who resides within such mileage limitation shall not be eligible to be counted for school transportation state-aid purposes, with the exception of disabled students being transported.   The State Board of Education shall establish and require adherence to minimum specifications for vehicles used or contracted to be used by local units of administration for transporting students, including a motor vehicle with a capacity of eight persons or less operated and marked for the transportation of school children to and from school and school related activities, taking into account the factors and circumstances set forth in subsection (a) of this Code section, and shall establish and require adherence to minimum standards and requirements respecting maintenance, repair, inspection, and use of such vehicles and minimum qualifications for the drivers of such vehicles. The state board shall require, monitor, and fund a program of safety instruction in the practices of safe riding and emergency bus evacuation drills for both school bus drivers and students riding school buses.   The State Board of Education shall have the authority to allot funds for the transportation of all public school students residing on Sapelo Island to the mainland of the state for the purpose of attending school on the mainland.   The State Board of Education shall adopt policies, procedures, regulations, and other such requirements for transportation and for payment of all transportation costs pursuant to subsections (a) through (e) of this Code section for all students with special needs identified by the various local units of administration. Further, the state board shall allot funds to local units of administration for transportation costs for those students authorized by such local units of administration to attend schools and programs of other local units.   The State Board of Education shall adopt policies and regulations relative to vehicles used for the transportation of students with special needs.   Notwithstanding the provisions of subsections (a) through (h) of this Code section, funds to pay the expenses of student transportation shall be paid to an independent school system only when requested by the board of education of such independent school system. Any funds for student transportation costs shall be specified by the board of education of the independent school system in its budget prepared pursuant to subsection (c) of Code Section 20-2-167 and, if not budgeted therein, no expenses for student transportation shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this article shall be construed to require the board of education of any independent school system to furnish student transportation services within such school system.   The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses of school bus drivers shall be determined by multiplying the number of school buses allotted to a local unit of administration pursuant to this Code section by a sum of money not less than $75.00. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection.    (a.1)Any funds that the State Board of Education allocates for school bus replacement may be used by local boards of education to refurbish existing school buses. Bus replacement funds may not be restricted by the state board for use only in purchasing new or replacement school buses. Any school bus that is refurbished shall be subject to all safety and maintenance inspection requirements provided for by law. Refurbishment of a school bus shall be done by a school bus manufacturer or by a dealer of a manufacturer. Each local board of education that refurbishes a school bus pursuant to this subsection is strongly encouraged to apply for federal funds to retrofit the engine. The State Board of Education shall notify the Environmental Protection Division when a local board of education receives state funds to refurbish a school bus so that the division may provide information to such local board regarding the availability of federal funds for such purposes.    (Code 1981, §20-2-188, enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1986, p. 880, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 321, § 1; Ga. L. 1989, p. 326, § 1; Ga. L. 1995, p. 1302, § 14; Ga. L. 2010, p. 1001, § 1/HB 936; Ga. L. 2021, p. 241, § 1/SB 159.)    The 2021 amendment,  effective July 1, 2021, inserted "including a motor vehicle with a capacity of eight persons or less operated and marked for the transportation of school children to and from school and school related activities," in the middle of the first sentence of subsection (e).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, a comma was inserted following "transportation costs or cost factors" near the beginning of the third sentence of subsection (a).   Editor's notes.   - Ga. L. 1989, p. 326, § 2 provided that the 1989 amendment (substituting "$500.00" for "$422.38" near the end of the first sentence in subsection (b)) was not effective until funds were appropriated for that purpose. Such funds were appropriated in 1996.   Administrative Rules and Regulations.   - Student transportation management, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Chapter 160-5-3.   Law reviews.   - For survey article on education law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 237 (2003). For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004).   JUDICIAL DECISIONS   State transportation assistance.    - State Board of Education's obligation to include students outside of a school area in calculating transportation funds given to the district depended on an interpretation of "school to which they are assigned" in O.C.G.A. § 20-2-188(d). The Board's interpretation, providing funds based on the distance students lived from schools in their attendance zone, regardless of the schools actually attended, was reasonable as it comported with legislative intent and used an objective, uniformly applicable standard to define a student's assigned school. The State Board did not have to interpret this phrase to mean the school a student actually attended. The district had no clear legal right to the funds the district sought, nor did the district show a gross abuse of discretion by state officials. Schrenko v. DeKalb County Sch. Dist., 276 Ga. 786, 582 S.E.2d 109 (2003).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Ga. L. 1974, pp. 1045, 1061, 1461, and 1462 and former Code Section 20-2-187, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.   Board's regulatory authority over pupil transportation neither controls nor conflicts with statutory equipment standards.   - State Board of Education has been given certain regulatory authority regarding minimum standards, specifications, and procedures for vehicles used for the transportation of pupils including children with special needs as identified by the various local units of administration; however, this authority neither controls nor is in conflict with the specific equipment standards set forth in Ga. L. 1970, p. 586, § 2. 1977 Op. Att'y Gen. No. 77-43 (decided under Ga. L. 1974, pp. 1045, 1061, 1461 and 1462).   Use of school buses by community groups.    - Local board of education may not allow community organizations or private recreational organizations to use a school bus for purposes other than transporting pupils to and from schools or activities which are an integral part of the educational program, even if the group pays all expenses associated with the use of the bus, except that local boards may allow community organizations or private recreational organizations to use school buses to provide transportation for the elderly and the handicapped if the costs of such transportation is reimbursed in full from funds other than school funds. 1985 Op. Att'y Gen. No. 85-34 (decided under former § 20-2-187).   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Schools, § 278 et seq.   Liability of School Bus Driver or School for Injury to Child Going to or from School Bus, 13 POF3d 475.   C.J.S.   - 78A C.J.S., Schools and School Districts, § 1030 et seq.