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2011 Indiana Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagin0028 and id is 1 raw text is: STATE OF INDIANA
OFFICE OF THE ATTORNEY GENERAL
INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR
GREG ZOELLER                  302 W WASHINGTON STREET * INDIANAPOLIS, IN 46204-2770      TELEPHONE: 317.232.6201
INDIANA ATTORNEY GENERAL                    www.AttomeyGeneral.IN.gov                           FAX: 317.232.7979
November 10, 2011
OFFICIAL OPINION 2011-1
Hon. Michael Speedy
State House
200 W. Washington Street
Indianapolis, IN 46204
Hon. Patricia Miller
State House
200 W. Washington Street
Indianapolis, IN 46204
RE:     School Bus Rider Fees Via Third Party Provider
Dear Representative Speedy and Senator Miller:
You requested an opinion regarding an arrangement between a school corporation and an
Educational Service Center (ESC) whereby the school corporation contracts with the ESC and
the ESC charges parents a fee for providing transportation for students to and from the
corporation's schools. The specific questions presented are (1) whether the ESC may contract
with parents of students and charge them fees for transportation services;' and (2) whether the
school corporation's transportation arrangement complies with state law.2
Additionally, we have analyzed the related issues of (3) whether parents may be charged
fees in any circumstance for bus transportation of their children; (4) whether schools may utilize
I Letter from Representative Mike Speedy dated August 29, 2011. (1 write to request an opinion from your office
over whether Indiana state law permits the Central Indiana Educational Service Center to contract with parents of
students and charge them fees for transportation services. I am contemplating legislation in this area of the law and
our office's research and opinion would be helpful in my preparation.)
Letter from Senator Patricia Miller dated August 29, 2011. (I would like to request an opinion regarding the
Franklin Township Community School Corporation's transportation arrangement, and whether it complies with state
law.)

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