Tennessee § 49-6-2101 - Power of boards to provide transportation.

§ 49-6-2101. Power of boards to provide transportation.

Boards of education may provide school transportation facilities for children who live more than one and one-half (1½) miles by the nearest accessible route from the school to which they are assigned by the board of education and in which they are enrolled. Boards of education may, in their discretion, provide school transportation facilities for children who live less than one and one-half (1½) miles by the nearest accessible route from the school in which they are enrolled, but the county shall not be entitled to receive state transportation funds for any student, other than children with physical disabilities, who live less than one and one-half (1½) miles by the nearest accessible route from the school in which they are enrolled. Nothing in this part shall be construed to prevent a board of education from transporting children with physical disabilities, regardless of the distance they live from school, under rules and regulations adopted by the state board of education with the approval of the commissioner of education. Boards shall have power to purchase school transportation equipment, employ school transportation personnel, contract for transportation services with persons owning equipment and pay for such out of funds duly authorized in the budget approved by the county legislative body. Appointed directors of schools, in employing school transportation personnel, and boards of education, in contracting for transportation services with persons owning equipment, are authorized to enter into contracts for such services for periods of time as long as, but not exceeding, four (4) years from the date of making the contracts, it being the purpose of this section to permit a reasonable degree of employment security for such school transportation personnel. No board of education shall use or authorize the use of any school transportation facilities for the purpose of achieving a racial balance or racial imbalance in any school by requiring the transportation of any student or pupil from one school to another or from one school district established for such student or pupil's neighborhood to another. If the local board of education adopts any transportation plan or directive for the purpose of achieving racial balance, the governor may order that any or all parts of the state transportation funds shall be withheld from the local school board. If the governor so orders, the commissioner and the state board of education shall withhold, or cause to be withheld, state transportation funds to local boards of education to the extent ordered by the governor. Each LEA is encouraged to conduct an investigation to determine if any special hazard zones are present within all walking routes children commonly utilize going to and returning from schools. For the purposes of this subsection (g), special hazards shall include an absence of sidewalks, a highway with four (4) or more lanes, an intersection where right turn on red is prohibited, one (1) or more sexual offenders as defined in § 40-39-202 or violent sexual offenders as defined in § 40-39-202 reside in the area or any other condition that could affect the safety and well-being of children walking to school. If the LEA determines a special hazard zone is present, it shall submit its findings to the entity responsible for the road or highway. The entity responsible for the road or highway is encouraged to cooperate with the LEA to devise methods to minimize the hazardous conditions. Acts 1947, ch. 92, § 1; 1949, ch. 233, § 1; C. Supp. 1950, § 2495.1 (Williams, § 2495.2); Acts 1957, ch. 10, § 1; 1957, ch. 400, § 1; 1970, ch. 491, § 1; 1972, ch. 567, § 1; T.C.A. (orig. ed.), § 49-2201; Acts 1992, ch. 535, § 51; 1992, ch. 657, § 6; 2008, ch. 985, § 1. Compiler's Notes. This section has been rewritten in accordance with the apparent legislative intent of Acts 1994, ch. 768, effective April 14, 1994. References in subsections (b) and (c) to “handicapped children” have been changed to “children with disabilities.” Acts 1992, ch. 657, § 6 provided that notwithstanding the provisions of Acts 1992, ch. 535, §§ 48 and 50-52, only appointed superintendents (now director of schools) shall have the powers provided for in §§ 48, 50, 51 and 52. The amended provisions of §§ 48, 50, 51 and 52 shall not apply to superintendents who continue to be elected. School buses as school property, OAG 98-001, 1998 Tenn. AG LEXIS 1 (1/5/98) (decided under former § 49-6-4214 ). Cross-References. Bonds for purchase of buses, § 49-3-1006 . Transportation of disabled children, § 49-6-2114 . Transportation to and from career and technical education center, § 49-11-308 . Attorney General Opinions. Municipality offering bus transportation must offer it to all eligible children, OAG 98-090, 1998 Tenn. AG LEXIS 90 (4/15/98). A joint board of control agreement may limit the board from taking any action that would result in mandatory compulsory transportation of students, OAG 03-160, 2003 Tenn. AG LEXIS 192 (12/08/03). Service by an individual as a deputy sheriff and simultaneously as a school bus driver, OAG 07-159, 2007 Tenn. AG LEXIS 159 (12/6/07). County Fee for Transportation of City School Children. OAG 14-73, 2014 Tenn. AG LEXIS 76 (7/31/14). There are no restrictions on the transportation fees that can be charged by municipal boards of education. OAG 15-10, 2015 Tenn. AG LEXIS 9 (2/3/15).