Statewide Waiver for Out-of-District Transportation Interlocal Agreement Requirement of TEC 搂34.007
April 20, 2018
TO THE ADMINISTRATOR ADDRESSED:
Subject: Statewide Waiver for Out-of-District Transportation Interlocal Agreement Requirement of TEC 搂34.007
We have received inquiries regarding how the 桃花社区视频 Education Agency (TEA) will enforce 桃花社区视频 Education Code (TEC) 搂34.007, in light of Attorney General Opinion KP-0166.
TEC 搂34.007(a) provides that 鈥淸a] board of county school trustees or a school district board of trustees may establish and operate an economical public school transportation system: (1) in the county or district, as applicable; or (2) outside the county or district, as applicable, if the county or school district enters into an interlocal contract as provided by Chapter , Government Code.鈥 A recent opinion of the 桃花社区视频 Attorney General (KP-0166) states that TEC 搂34.007 does not authorize a public school transportation system outside of its boundaries without an interlocal cooperation contract.
Despite the requirement for an interlocal agreement, there appears to be a long-standing and widespread practice in the State of 桃花社区视频 of transporting transfer students without an interlocal cooperation contract. TEC 搂25.036 allows students to annually transfer from their district of residence to any district they wish to attend, as long the receiving district agrees to the transfer.
If the pre-existing arrangements to transport transfer students cease due to lack of interlocal agreements, students may be forced to quit attending the school they have chosen to attend. This has the potential to harm the academic outcomes of these students and disproportionately affects those who cannot afford to find other transportation solutions. Because the Attorney General Opinion was issued after the end of the last legislative session, the 桃花社区视频 Legislature (Legislature) has not yet had an opportunity to resolve the apparent conflict between the enrollment statute (TEC 搂25.036), which does not allow districts of residence to object to transfers, and the transportation statute (TEC 搂34.007), which makes transfers under TEC 搂25.036 burdensome and inconvenient for students.
In order to allow the Legislature an opportunity to resolve this apparent conflict, a district that requests a waiver for the 2018-2019 school year from the requirement in TEC 搂34.007(a)(2) to enter into an interlocal agreement before providing transportation will be granted such a waiver.
Districts requesting this waiver will need to apply by selecting the 鈥極ther鈥 waiver type using the TEAL waiver application that is currently used to apply for state waivers. Questions related to waivers should be directed to Leah Martin or Jeff Cottrill at (512) 463-5899 or at Leah.Martin@tea.texas.gov or Jeffrey.Cottrill@tea.texas.gov.
Sincerely,
Mike Morath
Commissioner