Bus Fees Illegal Says Ind. Attorney General

(Indianapolis, Ind.) – Indiana school districts using third-party transportation companies cannot charge families for bus service.

That’s the legal opinion given by Indiana Attorney General Greg Zoeller last week. Zoeller is asking the Indiana State Board of Accounts to review the Franklin Township Community School Corporation’s transportation agreement.

The attorney general’s review was prompted by requests from two state lawmakers whose district’s include Franklin Township - State Senator Patricia Miller and State Representative Mike Speedy.

The district ran into budget trouble and turned its transportation service over to a bus company, which began charging students $40 a month to ride.

"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.

A news release from the Attorney General’s office stated Indiana statute would allow parents independently to contract jointly with bus drivers to provide transportation if the school corporation does not, 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.

However, Franklin Township first contracted with the busing company, which then began charging the fee.

The Attorney General’s legal opinion is non-binding.