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.
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