October 5, 1977

Mr. Thomas C. Todd 
State Superintendent of
  Elementary and Secondary Education 
New State Office Building 
Pierre, South Dakota 57501

Official Opinion No. 77-85

Providing bus service to transport students to and from school and other related events requires a vehicle as defined in SDCL 32-32-1

Dear Mr. Todd:

You have requested an opinion from this office based upon the following facts:

FACTS: 

SDCL 13-29-1 reads as follows: 
     
The school board of any school district shall have the power to acquire, own, operate, or hire buses for the transportation of students to and from its schools either from within or without said district or for the transportation of students and instructors to and from athletic, musical, speech, and other interscholastic contests in which participation is authorized by the school board. If the use of a school bus is granted by the school board as provided in subdivision (1) of § 49-28-2, the school district shall not be held liable for suit or damages which may arise as the result of such use. 
    
SDCL 13-29-12 reads as follows: 
     
Any person who furnishes transportation for his own children or who transports his own and other children by private agreement between parents does not come under the provisions of § § 13-29-6 to 13-29-11, inclusive. 
     
SDCL 13-29, 13-20, 13-31, 32-1, 32-32, 49-28, and ARSD 24:06 use the terms “bus service” and “school bus” with reference to the transportation of school children.

Based on the above facts, you ask the following question:

QUESTION: 

Must school children be transported to and from school and other related events only in a vehicle designated as a “school bus” as defined in SDCL 32-32-1, unless specifically exempt therefrom as may be provided by law such as SDCL 13-29-12?

SDCL 13-29-1 specifically authorizes a school district to own, operate or hire buses for the transportation of students to and from school and other related events.  SDCL 13-30 authorizes the payment of mileage to parents and board and room for eligible students.  A person who furnishes transportation for his own children or who transports his own or other children by private agreement is specifically excluded from the provisions of SDCL 13-29-6 to SDCL 13-29-11 which are the statutory requirements for school inspections and school bus driver qualifications.

With reference to your specific question, I find no specific statute that would authorize a school district to transport students to and from school and other related events in any type of a vehicle other than a vehicle defined in SDCL 32-32-1.  Therefore, it is my opinion that the terms “bus service” and “school bus” when found in the statutes referred to in your factual situation require a vehicle as defined in SDCL 32-32-1, unless specifically exempt by statute such as SDCL 13-29-12.

It is also my opinion that a person who transports his own children or his own and other children under a private agreement is not required to transport such children in a vehicle as defined in SDCL 32-32-1.

Respectfully submitted,

William J. Janklow
Attorney General

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