AG: School Bus Fees Unconstitutional

District May Discountinue Busing

Posted: 07/13/2010
Last Updated: 1046 days ago

A central Indiana school district may cut bus service altogether after the Indiana Attorney General issued a legal opinion calling school bus fees unconstitutional.

The opinion was issued on Monday after the State Board of Accounts asked for guidance in dealing with a plan by the Franklin Township Community School Corporation to begin charging $75 per student this fall, 6News' Kara Kenney reported.

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"A public school corporation is not authorized to assess and collect a bus rider fee from a student in order for that student to receive transportation to and from the student's school to receive a public education," Attorney General Greg Zoeller wrote, citing an Indiana Supreme Court case.

The opinion is not a legal decision, but is aimed at guiding state officials in their efforts to understand specific state statutes, policies and procedures. It could also be used in court proceedings should someone sue the district.

Franklin Township Superintendent Walter Bourke told Kenney that the district will abandon its plans to charge students, but that if it loses an anticipated $10 million in property tax revenue, it may no longer be able to offer bus transportation at all.

"It appears that our only option at this point is to transport every student for as long as our current funds allow us to do so," he said in a statement. "We will do everything in our power to economize and seek efficiencies to keep our transportation system functioning throughout the current school year and hope for a successful operating referendum in May of 2011."

Even if the referendum passes, Bourke noted that those funds wouldn't be available until 2012.

The school system already cut 43 transportation workers, eliminated 15 routes and sold off part of its fleet, saving roughly $1 million, officials said.

6News called around to other school districts in central Indiana and found none currently charge a fee or are considering the measure. Franklin Township officials said several school districts in northern Indiana charge a fee, but those districts didn't return calls and e-mails seeking confirmation.

Parents said uncertainty with the bus situation is a big issue.

"It's pretty scary what all the townships are going through right now," said parent Patti Boudrot. "I'd hope that there would be some other solutions, but when faced with not having buses … I'd rather pay the $75 and have it as an option."

"They get rid of the transportation, then how are the kids supposed to get to school if parents are off to work or don't even have any means of transportation themselves?" said parent Michelle Jones.

More Information:

  • Attorney General's Legal Opinion On School Bus Fees

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