ILNews

AG says 3rd party school bus fees are unconstitutional

Back to TopCommentsE-mailPrintBookmark and Share

Indiana Attorney General Greg Zoeller issued a legal opinion Thursday in response to a request by two Indiana legislators on whether school systems can outsource bus services to another entity that charges parents.

“Under Indiana’s Constitution and statutes, a public school corporation cannot charge fees for students to ride a bus to school to receive the public education to which they are entitled. The school cannot charge bus fees directly, and they cannot charge bus fees indirectly by outsourcing the driving to a third party,” Zoeller said in a statement.

The opinion comes a week after a Marion County mother filed a lawsuit challenging the decision by the Franklin Township Community School Corp. to contract its bus transportation to Central Indiana Educational Service Center for the 2011-2012 school year. CIESC charges more than $400 per student to ride the bus for the school year.

Zoeller said the Office of the Indiana Attorney General doesn’t usually release legal opinions when there is pending litigation, but Rep. Mike Speedy and Sen. Patricia Miller, both Republicans from Indianapolis, had previously requested the opinion for purposes of possible legislation and Zoeller had begun writing the opinion prior to the lawsuit being filed.

The opinion said Indiana statute would allow parents independently to contract jointly with bus drivers to provide transportation if the school corporation does not, but such a contract would then need a school board’s approval to allow access to school grounds, comply with the school schedule and follow safety and insurance requirements. That did not happen in the Franklin Township situation – the school board contracted with CIESC first and then imposed the arrangement on parents, and that is also unlawful, Zoeller wrote.

This is the second legal opinion Zoeller has released discussing fees imposed to ride the school bus. In July 2010, he found that schools directly charging bus fees are unconstitutional.
 

ADVERTISEMENT

  • big waste of gas
    Will the American left get consistent and admit that federally mandated school bussing of kids has been the biggest waste of gas in the past thirty years considering what a total failure it has been at improving educational outcomes for minorities. All its accomplished besides destroying the traditional neighborhood school is making money for oil companies and spewing co2 into the atmosphere. Can I get an Amen? Time to pull the plug on bussing altogether.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT