Could a South Carolina state school bus carry private school students on its public school route?

Plain-English summary

The State Superintendent of Education asked whether Colleton County could add a few private school students to a state-owned bus already carrying public school students from Edisto Beach to Walterboro. The Attorney General concluded in 2008 that the district was not authorized to do so, even though the request said the arrangement would add no cost to the state.

The opinion read the statute listing permitted uses of state-owned school buses and found no permission to transport private school students. It also relied on an earlier AG opinion interpreting the transportation laws as limiting state-owned school bus service to public school students.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could private school students ride a state-owned bus already serving public students? A: The AG said no for the Colleton County route described in the request. The bus-use provision it cited did not authorize private school transportation.

Q: Did the lack of additional state cost change the answer? A: No. The request said there would be no added cost, but the AG still found no statutory authority to carry the private school students.

Q: Did the opinion decide whether another kind of bus could carry those students? A: No. It answered a question about state-owned school buses on a particular public school route.

Background and statutory framework

The school district proposed carrying private school students with 21 to 26 public school students already on the route. The AG examined the statutory list of authorized state-owned school bus uses and an earlier opinion on public student transportation, then rejected the proposal.

Citations and references

Statutes: The opinion discussed S.C. Code Ann.§ 59-67-510 and S.C. Code Ann. § 59-67-710.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-23-2008/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/05/rex-j-os-8657-9-23-08-transport-private-students-in-state-owned-school-bus.pdf

Original opinion text

HENRY M CMASTER
ArfORNEY GENERAL

September 23, 2008

The Honorable Jim Rex
State Superintendent of Education
SC Department of Education
1429 Senate Street
Columbia, South Carol ina 29201
Dear Superintendent Rex:

In a letter to this office you referenced that the Colleton County School District asked the State Department ofEducation ifit can transport private school students on state-owned school buses from Edisto Beach to Walterboro along with the 21-26 pubbc school students who are transported daily along that route. You indicated that there is a private school in Walterboro that provides instruction for a few students who live on Edisto Beach. You stated that there would be no additional cost to the State Department of Education. However, you noted that pursuant to S.C. Code Ann. § 59-67-710, you insurance only covers "lawful" occupants. You particularly referenced the provisions of S.C. Code Ann.§ 59-67-510 which states:
[c]ounty boards of education may permit the use of school bus equipment for transportation in connection with athletic events, boy's and girl's clubs, special events in connection with the schools, official functions by the office of the Adjutant General of South Carolina, and the Reserve Components of the United States Aimed Forces which must reimburse the boards of education, at least, for the costs of use of the buses, including depreciation, and other educational purposes as may appear proper to the respective boards. As is apparent, there is no provision in such statute permitting the use of state-owned school buses to transport private school students. Moreover, a prior opinion of this office dated October 6, l 987, a copy of which is enclosed, referenced various State statutes and stated that
[c]onstrujng all these provisions together and giving them their plain meaning clearly indicates a legislative intent that public transportation on state owned school buses

R EMBERT

c. D ENN IS B UILDING • POST OFFICE Box 11 549 • COLUMBlA, SC 2921!-1549 • T ELEPHONE 803-734-3970 • FACSIMILE 803-253-628'.\

The Honorable Jim Rex
Page 2
September 23, 2008

be provided only for public school students ... Therefore, such transportation on state owned school buses may not be provided for private school students. Consistent with such, in the opinion of this office, the Colleton County School District would not be authorized to transport private school students on state-owned school buses from Edisto Beach to Walterboro to a private school along with the public school students who are transported daily along that route. If there are any questions, please advise. Sincerely, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

Robert D. Cook
Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General