Attorney General Opinion WW-1157

E OWNEY GENERAL OF a‘EXAS September 28, 1961 Honorable Henry Wade Opinion No. WW-1157 District Attorney Records Building Re: Construction of Article Dallas 2, Texas 2922-15, Vernon's Civil Statutes, relative to transportation of pupils to and from schools in Dear Mr. Wade: cities. In reference to the above captioned matter you have submit- ted the following questions: "1. Are children who live within cities de- nied transportation if they live within two miles from a bus line, even though such bus does not go anywhere reasonably near their school? 2. Is the "public transportation" intended by the statute limited to city bus systems, or does it e:-tend to any form of public transportation such as Greyhound Bus lines, and the like? 3. Is the "public transportation" intended by the statute to include shuttle buses which are operated by the city bus system but which do not run at hours which would serve school children who must meet the school system hours for the begin- ning and ending of school? 4. What city is intended by the words "cities having public transportation", when parts of the Dallas Independent School District include a por- tion>ut not all of the City of Dallas, h an there are parts of cities, such as Highland Park, Univer- sity 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 "nearest practical route" in- clude a measurement in the opposite direction from the particular school which the child must attend? Honorable Henry Wade, page 2 (WW-1157) 6. Do the words "nearest practical route" in- clude a route which: (a) Has no sidewalks requiring that a child walk in the street; (b) Has no paved street; (c) Requires that the children use al- leys, paved or unpaved; (d) Requires that the children traverse an area which offers more than the usual and ordinary hazards and dan- gers for children? 7. When the act deals with children who live with- in two miles of public transportation, is it intended that the particular transportation available to a par- ticular child must afford a reasonable and practical means for that child to travel to his or her particu- lar school?" In connection with the above questions you submitted the fol- lowing factual situations: "In the City of Dallas many bus lines will come to the downtown area but come nowhere near a particular school. In some instances children theoretically could ride across town to some point and secure a transfer to another line that might take them near their parti- cular school. In many cases the children may be too young and inexperienced to ride over the city alone and make transfer connections - and the time consumed in some instances would make the transfer completely impractical. In other instances there may be no bus to which a transfer can be had which will go anywhere near a particular school." Before reaching your questions, we point out that nothing in the legislative scheme bearing upon the subject prohibits local school authorities from furnishing inter-city transportation 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 statutes bearing upon the sub- ject confer no affirmative property right upon anyone to receive . Honorable Henry Wade, page 3 (w-1157) free transportation for school children. The legislation i.1 ques- tion merely permits payment from the state to reimburse local au- thorities for service furnished under certain circumstances and forbids reimbursement from state funds under other circumstances. Nothing in the law prevents 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: "All bus routes and transportation systems shall be reviewed by the State Commissioner of Education and he shall be responsible for establishing criteria for evaluating the several transportation systems of this state, but all such criteria shall be subject to the approval of the State Board of Education. The Commis- sioner shall evaluate all transportation systems as rapidly as possible. No new bus routes or bus route extensions shall be approved prior to the survey of the transportation system of the district or county requesting new equipment or extensions. In cities having public transportation , no child residing with- in the city limits of such city shall be eligible to be transported at state expense unless such child resides more 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 transportation for only those pupils who live two (2) or more miles from the school they attend, and no consideration shall be given to pro- viding transportation for pupils from one district to another when their grades are taught in their home districts unless the transfer of such pupils has been approved by the County Boards of School Trustees as provided by law. There shall be no du- plication of bus routes or duplication of services within sending districts by buses operated by two (2) school districts and/or counties except upon approval by the Commissioner of Education. All funds paid to the several transportation units for the ope- ration of transportation systems of this state shall be expended for no other purpose. The Commissioner of Education shall formulate rules and regulations . Honorable Henry Wade, page 4 (WW-1157) for enforcing the transportation sections of this Act, subject to the approval of the State Board of Education. Appeals may be had from policies of County Boards of Trustees affecting transportation to the Commissioner of Education, and to the State Board of Education In matters relating thereto." The phrase "public transportation service" is of primary importance in properly answering your 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 or many; 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 par- ticular class of the community D . . 111 A.L.R. 721. '1 Black's Law Dictionary, Fourth Edition. "Transportation" has been defined to mean: "The removal of goods or persons from one place to another9 b a carrier." 154 U.S. 447, 5 S.Ct. 82&22 L.Ed. 5 27, 29 L.Ed. 158, 38 L-Ed. 1047, Black's Law Dictionary, Fourth Edition." The term "transportation service" has been defined by the Court of Appeals of Kentucky to mean "transportation service is one which essentially requires no other service to complete the object of the s,hipper," Andrews Steel Co. v. Davis, 276 SW 148 (1925). In support of the above statement as to the meaning of the term "transportation service" 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. G rand 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. 191bD 9 ‘J52. The object of the school child is to reach the school, and if the public transportation does 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- Honorable Henry 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 transportation of children to and from the public schools. This interpretation is buttressed by 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 transportation of public school pupils creates an emergency, etc." (Emphasis ours.) Your detailed questions concern problems raised by special fact situations which should be resolved not by this office, but in accordance with the procedure set forth in Article 2922-15, V.C.S. As set forth above, Section 3 of Article 2922-15 provides: "All bus routes and transportation systems shall be reviewed by the State Commissioner of Education and he shall be responsible for establishing criteria for evaluating the several transportation systems of this state, but all such criteria shall be subject to the approval of the State Board of Education." and 11 0 . * The Commissioner of Education shall for- mulate rules and regulations for enforcing the trans- portation sections of this Act, subject to the appro- val of the State Board of Education. Appeals may be had from policies of County Boards of Trustees af- fecting transportation to the Commissioner of Educa- tion, and to the State Board of Education in matters relating thereto." The above language provides that the Commissioner is re- quired to "formulate rules 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 Com- missioner will perform this duty in harmony with this opinion. Copies of these rules and regulations, upon approval by the State Board of Education, should be furnished the County Boards of Trustees and other local school authorities for their gui- dance. The local school authorities should make the initial de- termination in light of this opinion and such rules and regula- tions, as to whether transportation to and from school, in a - . Honorable Henry Wade, page 6 (WW-1157) particular fact after reviewing situation may merit assistance from the state, the factual situation involved. Of course, the decision by the local authorities is subject to being reviewed by the Commissioner of Education and the State Board of Educa- tion as stated in said Article. SUMMARY The Texas Education Agency may furnish financial assistance to local school authorities for transportation provided 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 that must be initially resolved by the local school autho- rities in accord with rules and regulations prescribed by the Com- missioner of Education and approved by the State Board of Education. Yours very truly, WILL WILSON Attorney General of Texas By: Assistant WVG/rd APPROVED: OPINION COMMITTEE H. Grady Chandler, Chairman Honorable Henry Wade, page 7 (W-1157) Marvin Thomas Henry G. Braswell Marietta Payne Riley Eugene Fletcher REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.