Listed below are questions directed to the Attorney General's office concerning various issues of pupil transportation.

LEASING SCHOOL BUSES:
May I please request an official opinion pertaining to the leasing of school buses by public school districts?

AG Opinion: "It is the opinion of this office that a school district is authorized to lease a school bus or buses if the school board enters a resolution upon the minutes of the board that such is deemed necessary for the implementation of transportation of pupils as provided for in Section 37-41-3. However, no such lease agreement may bind successors in office. Such acquisition by lease must be accomplished via Section 31-7-13.

LEASE-PURCHASE OF SCHOOL BUSES:
Can school districts enter into a lease-purchase agreement to obtain school buses?

AG Opinion: "Mississippi Code Annotated Section 37-41-81 provides the general grant of authority to local school boards regarding the purchase of school transportation. Mississippi Code Annotated Section 37-41-83 authorizes and empowers school boards to expend transportation funds. Mississippi Code Annotated Section 37-41-89, et. seq. set out the school board's authority to borrow money and to issue notes or bonds for transportation equipment. Mississippi Code Annotated Section 37-41-101 states how purchases are to be made. Upon examination of these sections, we conclude that the legislature made three options available for school bus purchasing at Section 37-41-101. It does not appear that lease-purchasing is one of those options."

MAINTENANCE AGREEMENTS:
Does Section 37-41-35 of the Mississippi Code authorize a school district to enter into an agreement for school bus maintenance services with a non-profit corporation which operates day care facilities within the boundaries of the school district? Would the term "school bus maintenance services" as listed in Section 37-41-35 Mississippi Code of 1972, include authority to contract with the non-profit day care organization for the sale of pertroleum products, including gasoline, from the district's supply depot? Would there be any difference or distinction as between the authority of the school district to enter into an agreement for school bus maintenance services with a non-profit day care organization as opposed to a day care organization operated by the county Board of Supervisors or some other political subdivision?

AG Opinion: "The relevant Section of Miss. Code Ann. 37-41-35 (1993 Supp.) provides as follows: School Boards may contract with Head Start Programs to provide maintenance services for buses operated by Head Start and may accept financial contributions from Head Start Programs to support the expense of operating their respective school district vehicle maintenance facilities. All such contractual agreements with Head Start Programs shall be subject to the approval of the State Board of Education.

This statute gives a district authority to enter into an agreement for school bus maintenance services with a Head Start non-profit day care facility but such is subject to approval by the Mississippi Board of Education.

We are unaware of any authority wherein a school district may contract with a non-profit day care organization or Head Start Program for the sale of petroleum products, including gasoline, from the district's supply depot. It is my understanding that a district must sign a certificate of exemption as the end user of petroleum products which precludes the sale of same to any other entity whether governmental or private non-profit."
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Does a school district have the authority to enter into a cooperative agreement with a Head Start Program for the repair, upkeep, and maintenance of school buses and other school vehicles?

AG Opinion: "Headstart is a federally funded program that may be run by a private non-profit corporation or by a human resource agency established under a County Board of Supervisors. If the County Headstart Program, run by the Institute of Community Services, Incorporated, is designated by the County Board of Supervisors as the human resource agency for the county pursuant to Miss. Code Ann. Section 17-15-1 et. seq., it may be possible that an agreement between the county and the school district may be fashioned pursuant to the Interlocal Cooperation Act at Miss. Code Ann. Section 17-13-1 et. seq. so long as the parties may otherwise exercise the power and responsibility conferred by the agreement."

PAYMENT FOR CONSTRUCTION OF A HIGHWAY TURN LANE:
Our school district is in the process of building a new high school located on Mississippi Highway 503 and has applied to the Mississippi Department of Transportation for a permit to construct driveways to the school grounds. The Department of Transportation in considering said permit request has stated that due to the increased traffic caused by location of the school buildings on Highway 503 that a turn lane should be constructed adjacent to the lanes of traffic now on Highway 503. The Department of Transportation has requested the Board of Education to pay for the construction of the turn lanes on the Department of Transportation right-of-way. The passing lanes will be situated on Department of Transportation right-of-way and none of said lanes will be on property belonging to the school district and will not be a part of the driveway leading to the school.

Does the Board of Education have the legal authority to pay for the construction of the turn lanes on Department of Transportation right-of-way from school funds?

AG Opinion: "A school district has the power and authority to fund construction of a driveway to its facility. The question of right-of-way should not be an issue as most access roads or driveways intersecting a state highway will require a permit to cross Department of Transportation right-of-way.

There are a number of provisions at Miss. Code Ann. Section 65-1-1 et. seq. wherein municipalities and counties may make contribution to the Department of Transportation for highway construction; however, I find no authority for a school district to expend funds for the construction of a turn lane on a state highway. This responsibility appears to be within the purview of the Mississippi Department of Transportation pursuant to Miss. Code Ann. Section 65-1-47."

SCHOOL BUS TURNAROUNDS:
Does the section authorize the original construction of a driveway to be used for a school bus turnaround or does it deal with the repair and maintenance of existing roads or driveways that are being used for school bus turnarounds?

AG Opinion: "The location of a turnaround is not designated by the statutes other than that they must be no more than 150 feet from the center of a public road and that they may only be roads or driveways to private residences. Once a proposed location for a school bus turnaround is nominated by the school board, it is entirely within the discretion of the board of supervisors to determine if it wishes to maintain it.

The statute states that the county has authority 'to grade, gravel, or shell, repair, and/or maintain private gravel or shell roads or driveways to private residences if such roads or driveways are used for school bus turnarounds.' The statute does not give authority for the board to construct such a private road or driveway."

AG Opinion: "The maintenance of a turnaround is left to the discretion of the board of supervisors under 19-3-42 of the Miss. Code Ann., 1972, once the proposed locations are nominated by the school board. It is entirely within the discretion of the board to determine if a turnaround is one it wishes to maintain. This discretion may be exercised for any number of reasons, including, but not limited to, the opinion of the board that certain turnarounds are not necessary, or are improper locations, or create the appearance of impropriety."

USE OF BUSES:
Our school district is comprised of 1 high school, 1 middle school, and 3 elementary schools. Also located in the area is a Cathlolic elementary school by the name of St. Thomas.

Our school district has been providing school bus service to some of the children attending St. Thomas Elementary School under the following conditions: 1) No existing school bus routes required alteration to transport these children. 2) There was sufficient room on the bus to allow said transportation.

I attach.....a January 19, 1966, Attorney General Opinion, wherein it is stated that the practice of transporting these children is not permitted.

Is there affirmative statutory language prohibiting the transportation of other than public school students in school district buses?

AG Opinion: "Under Miss Code Ann. section 7-5-25, our office is prohibited from rendering official opinions on questions of law related to past actions. However, for information purposes only, we are unaware of any statutory authority affirmatively permitting the transportation of other than public school students in school district buses. A school district may only do that which it has express statutory authority to do."
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Our district wants to know whether it is legally permissible for one school district to loan a school bus to another district in the event of a breakdown or an emergency.

AG Opinion: "In a previous opinion this office stated that whether or not a school bus could be used for a Boy Scout trip would depend upon whether a particular group or organization requesting use of school buses was part of the school's educational program and such determination rested with the local school board. Under circumstances wherein another district's bus carrying band members or athletes breaks down within your district, it is within the discretion of the board to make a determination upon its minutes that such students are participating in connection with athletic events and/or special events in connection with the schools and authorize the loan of a bus.

In addition, pursuant to Miss. Code Ann. Section 37-41-27 should the school board find consistent with fact that an emergency exists upon the break down of another district's school bus within the school board's boundaries and makes specific findings and recitation of such facts upon the minutes of the board, then it is permissible for one school district to loan a school bus to another district in the event of an emergency.

In order that your district not be penalized for any mishap which occurs through no fault or negligence of its own while a bus is on loan to another school district, you may wish to state that the bus and its driver are under the dominion and control of the separate entity while said vehicle is on loan to that entity."
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MISCELLANEOUS OPINIONS:
Are adults participating in an Adult Basic Education Program entitled to transportation?

Adult participants in a local school district's Adult Basic Education Program are not entitled to transportation. There is no statutory authority for school board to enter into agreement to transport same. (Peden, 12'17'87) (195) JQJ
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Can an employee of a school district purchase (e.g., by submitting a sealed bid in response to a legal notice) surplus equipment that the school district is selling?

No. Section 25-4-105(3)(b) provides that no public servant shall "Be a purchaser, direct or indirect, at any sale made by ... the governmental entity of which he is an officer or employee, except in respect of the sale of goods or services when provided as public utilities or offered to the general public on a uniform price schedule." Section 25-4-103(p)(iii) defines a public servant as "Any individual who receives a salary, per diem or expenses paid in whole or in part out of funds authorized to be expended by the government."