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Attention West Virginia County Boards of Education: Is "Proof" Required for Utilizing Charter Buses?

Many school systems utilize private charter buses for school-sponsored activities for several reasons. One of which comes to mind is the additional comfort provided to students for lengthy field trips or student athletic events. In 2007, the West Virginia State Legislature amended the West Virginia Code to require certain verifications from these private charter companies before those companies could transport more than 16 students. Specifically, West Virginia Code § 18-5-13(f)(6) provides that students may not be transported to school-sponsored activities in a vehicle that has a seating capacity of 16 or more passengers which is not owned or operated by the county board of education unless the vehicle meets certain insurance, safety and related requirements.

According to West Virginia Code § 18-5-13(f)(6)(B), the transportation company which operates the private charter buses “shall provide to the county board proof that the vehicle and the driver satisfy the requirements of the State Board rule.” Unfortunately, the law does not provide any real guidance as to what “proof” is required. Instead, the Legislature in 2007 directed that the West Virginia State Board of Education (“State Board”) to "promulgate rules", and provide additional guidance. To that end, the State Board adopted Policy 4336 in October of 2008. But Policy 4336 simply mirrors the West Virginia Code language.

What "proof" is a county board of education required to obtain to meet this requirement?

The Legislature and the State Board have not provided formal guidance and many county boards of education are left to guess as to the necessary “proof” required before allowing private charter companies to transport students. Recently, the West Virginia School Service Personnel Association (“WVSSPA”) filed a civil action against the Monongalia County Board of Education (“MCBOE”) over this very issue. The MCBOE, among other times, was utilizing a charter bus company to transport student athletes for summer football practice from the old high school where dressing facilities were, to the new high school that would be opening at the beginning of the term (but the new high school did not have dressing facilities). The WVSSPA alleged that the MCBOE was not obtaining sufficient "proof", and of course the MCBOE asserted that in fact it had obtained sufficient "proof".

The case was ultimately resolved with an agreement being reached between the WVSSPA and the MCBOE as to what “proof” would be required to comply with the applicable West Virginia Code and State Policy. That agreement, signed by all parties, and entered by the Circuit Court of Monongalia County, can be viewed by clicking here.

Many county boards of education have been hesitant to utilize charter buses until the civil action in Monongalia County was concluded. That agreement, reached between the WVSSPA and the MCBOE, may serve as a guide to those counties, given that the West Virginia Code and State Policy are silent on “proof”. With the agreement reached and some guidance for county school systems to avoid conflict with the WVSSPA, hopefully that hesitation will ease and counties can once again go back to making decisions they believe are in the best interest of students. These decisions often include the use of private charter transportation for school-sponsored activities.
 

© 2020 Dinsmore & Shohl LLP. All rights reserved.National Law Review, Volume , Number 199

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About this Author

Jason Long, education law practice chair, Dinsmore Lewisburg Office
Partner

Jason Long is a Partner in the firm’s Lewisburg office, is the Chair of the Education Law Practice Group and a member of the Labor and Employment Practice Group. Jason's practice concentrates on two areas of law that are quite diverse from each other. The first area of Jason’s practice originates from his pre-lawyer days as an educator as well as growing up as the son of a county school superintendent. Jason focuses on representation of numerous county boards of education in the firm’s Educational Law Practice Group, providing a wide range of services, including, but not...

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