Public schools and K-12 and Education & Workforce Development and Law

Central Indiana district plans to keep school-bus fee

November 17, 2011

Leaders of a suburban Indianapolis school district say they don't intend to restore free school-bus service unless courts order them to do so.

The Franklin Township district faces a parent lawsuit over its decision this year to turn its buses over to an outside agency that is charging at least $40 a month per child for bus service.

School district attorney Chuck Rubright said some other districts around the state are considering similar budget-cutting actions and that a court determination on whether the fees are legal is needed.

Indiana Attorney General Greg Zoeller said last week that it's unconstitutional for school districts to end free school bus service by turning transportation over to outside agencies.

Zoeller also said in the non-binding legal opinion that he will ask the official state auditor, the State Board of Accounts, to review a Franklin Township's transportation arrangement.

"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.

Zoeller said he researched the issue at the request of state Sen. Patricia Miller and Rep. Mike Speedy, both R-Indianapolis, who requested analysis and guidance for possible legislation to address the situation.

Zoeller's opinion said Indiana law would allow parents independently to contract jointly with bus drivers to provide transportation if the school district did not, but said that was not the case in the southeast side district. He the school board contracted first with the cooperative and then imposed the arrangement on parents, and that was unlawful.

Zoeller said if a State Board of Accounts audit finds that the school district has appropriated or used funds without legal authorization, his office could try to recover the money from the responsible parties.

"It is easy to understand how financial constraints might lead school corporations to difficult funding choices, which in turn have unintended consequences. Many parents who cannot or will not pay the unconstitutional school bus fee are now forced to drive their children to and from school," Zoeller said. "However, the option chosen by Franklin Township Schools cannot be justified and should be discontinued."

Zoeller issued a similar non-binding opinion last year that districts couldn't directly charge bus fees.

 

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