37-41-29 - Private transportation of pupils shall be replaced by public transportation; exception.

§ 37-41-29. Private transportation of pupils shall be replaced by public transportation; exception.
 

It shall be the duty of the school boards, as existing private contracts providing for transportation of school pupils expire, to replace such private transportation with publicly owned transportation unless publicly owned transportation is deemed impractical. The school boards may acquire, when so requested by holders of private transportation contracts, from such holders of private transportation contracts, all buses which, in the opinion of the school boards, can be practicably operated as units of the public transportation system. The actual market value shall be paid therefor, said value to be determined by an appraisal by three (3) experienced and impartial citizens, the selection of whom shall be mutually agreed upon by the parties thereto. 
 

With the approval of the State Board of Education, present private contracts providing for transportation of school pupils may be continued, or new contracts may be entered into whenever it is deemed that the needs of the pupils can best be served by such method of transportation. However, in no case shall the amount allotted per pupil from state funds for transportation in facilities provided by private contracts exceed the amount allowed per pupil from state funds for public transportation in the same county and district. 
 

Before any money is allocated or disbursed from the state transportation funds to any school board which is transporting children under private contracts, written contracts shall be entered into by and between the respective carriers and school boards. A copy of each contract shall be filed with the superintendent of schools. The aforesaid contract shall show the length of the route, the amount of money to be paid the carrier, the type and condition of the bus, and any other information which may be required by the State Board of Education. 
 

Local school boards are not required to file a copy of any private contract for the transportation of exceptional children or the transportation of children under extraordinary circumstances with the State Board of Education. 
 

Sources: Codes, 1942, §§ 6336-13, 6336-16; Laws,  1953, Ex Sess, ch. 15, §§ 12, 15; Laws, 1966, ch. 415, § 1; Laws, 1982, ch. 354, § 10; Laws, 1986, ch. 492, § 139; Laws, 1988, ch. 466, § 4; Laws, 2004, ch. 357, § 11, eff from and after July 1, 2004.