xt780g3h1f2h https://exploreuk.uky.edu/dipstest/xt780g3h1f2h/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1939-07 volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. bulletins  English Frankford, Ky. : Dept. of Education  This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Educational Bulletin (Frankfort, Ky.) Education -- Kentucky Educational Bulletin (Frankfort, Ky.), "Some Principles and Problems of School Transportation", vol. VII, no. 5, July 1939 text Educational Bulletin (Frankfort, Ky.), "Some Principles and Problems of School Transportation", vol. VII, no. 5, July 1939 1939 1939-07 2021 true xt780g3h1f2h section xt780g3h1f2h    
  
 
   
    
  

0 Commonwealth of Kentucky 0

EDUCATIONAL BULLETIN

 

 

 

 

 

SOME PRINCIPLES AND PROBLEMS

OF
CHOOL TRANSPORTATION

rank L. McVeF

of Kentucky

Kentucky

 

Published by

DEPARTMENT OF EDUCATION

esiden‘e~ F
1versity
exington,

\

I 31$

H. W. PETERS
Superintendent of Public Instruction

I
I
I

 

 

 

 

 

 

ISSUED MONTHLY

Entered as second—class matter March 21, 1933, at the post office at
Frankfort, Kentucky, under the Act of August 24, 1912

Vo|.V|I o July,1939 0 No.5

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

l
FOREWORD

Each morning and evening during the sihool \'2011' 21 fleet of
app1oxi111ately 1,1300 \ehiclcs 0F t1anspottation mow out upon the
highways carrying approximately 100,000ehild1e11 30,000 miles to
the schools of this Commonwealth. County boards of education
expend annually a. little less than $1 l20( 000 Fm. this ser:vi( c. \Vhen
we add to this sum the amount spent by independent school districts,
the annual expenditure is more than one and one— half mill hon dollars

So vast a business involves many problems. Among the most
important is the one providing for safe transportation. During the
school year 1938-39, there were only three fatalities in connection
with school bus transportation. A comparison of the Fatalities in
school bus transportation with the fatality experience in the report
of the Secretary of the Kentucky State Safety Commission, indicates
that even though these children take their chances with traffic hazard
in inclement weather and unfavorable road conditions, they are much
safer 011 school busses in Kentucky than are the people who are
traveling in motor vehicles on the highways of the State.

If so great a school program, which is being conducted 011 the
public highways, is to be carried out with even more safety, eveiy pr e-
caution must be taken by those responsible £01 the e11te1'.prise No
school bus is safer than the driver Who operates it.

With the hope that safety of the school children of this Common-
wealth may be promoted thereby the suggestions contained in this
.bulletin have been prepared by Gordie Young, Assistant Superin-
tendent of Public Instruction. I rcconnnend it for the careful con—
sideration of all those who are interested in the problems of school
transportation.

H. W. Perms
Supm'intemlcat Public Instruction,

 

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PROBLEMS OF SCHOOL TRANSPORTATION
A New Educational Responsibility

It is only Within recent years that transportation has served as a
means of getting school children to better and larger schools in rural
communities. In turning to this means of solving the problems of the
small inadequate school, administrators have assumed new responsi-
bilities in an educational program.

This method of school attendance has enabled children to go to
schools beyond a reasonable walking distance from their homes. It
has enabled them to have the advantages provided by larger and more
effectual school centers. Recognition of these advantages has brought
about the consolidation of entire school communities. It is a method
of equalizing educational opportunities. It has become more gen—
erally valuable by the construction of improved highways and larger
school busses. There has been a phenomenal increase in the enroll-
ment in both the elementary and high schools of our state as a result
of providing this school service. Ample equipment and especially
trained teachers have been brought within the reach of pupils of
many rural communities by means of school busses.

The development of such school centers has brought on new
problems in the field of safety of school pupils. New safety standards
are necessary as a result of such school facilities. This involves safety
standards in school bus and chassis construction and for operators
upon the highways. Wherever school busses are used, it is necessary
to extend the safety program to the loading places along the bus
routes.

The responsibility for safeguarding the pupils rests upon the
shoulders of board members and superintendents. These officials are
often faced with the enforcement of some policies against the demands
of many parents who desire special privileges which are not authorized
by law or a safe public school program. It should be the policy of
these Officials to limit school activities to functions legally authorized

and only these activities and services in which safety standards and
safety precautions are fully observed.

The adoption and enforcement of such regulations in each county
is the responsibility of the officials of each district and is, in fact,
a school program conducted on the public highways by publid school
officials.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

I. THE SCHOOL BUS DRIVER

Selection of the Driver.

One of the most important functions of school officials in oper-
ating a successful transportation program consists of the employ—
ment of school bus drivers. A dependable driver for every school bus
is absolutely essential for the successful operation and maintenance
of busses. The best driver obtainable is iioiie too good for the safety of
the school children. School officials should use every precaution in
their selection of a school bus driver.

Basic qualifications should be prescribed by the State Board of
Education in order to make it easier to weed out undesirable appli-
cants. It will usually be necessary for local boards to have supple-
mentary regulations. They must exercise good judgment, too, in
evaluating personal traits of applicants for driving positions.

Every school board should adopt a definite set of regulations and
policies relating to the employment of bus drivers. Among the
things most important to be considered in these regulations are:

1. Contractors who own and operate busses which they do not drive
should be required to select persons and pay salaries only on
approval of the board of education and superintendent.

2. Preference should be given to experienced drivers with clean safety
records, who have been successful in hauling children on a bus and
who have shown their ability to cooperate with principals of the
schools they serve and with parents of the children of the district
which their busses serve.

A fair salary should be determined for each route in the district.

Applicants should be examined at designated intervals by a desig-
nated authority to determine Whether they are physically and
emotionally sound, and thereby fitted for first or continued
employment.

5. New applicants should be given road tests and an examination in
first aid by a designated and unprejudieed authority.

Qualifications of the Driver.

1. Age. The driver should not be less than twenty-one years of age
nor more than sixty. Thirty-three states require drivers to be
twenty-one years of age when they drive public motor busses.
Ninety-seven per cent of the drivers of public busses are from
twenty-one to fortydfive years of age.

2. *Health Certificate. Drivers should have no communicable disease.
They should have normal use of body as to use of both hands, both
feet, both eyes and both ears. They must present a certificate for
such from a reputable physician, after careful examination by him.
annually, before beginning each year’s contract.

3. Vision. Drivers must present, annually, a. certificate from a

302

 

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reputable oculist, after a careful examination, showing that his
vision is suitable for bus driving.

4. *Morals. Drivers cannot be employed as such or kept in service as
drivers if they use intoxicating liquors. They must not use tobacco
while on the bus 01‘ on the school grounds. They must refrain from
the use of profane and indecent language.

*Character. Drivers must be fairly reliable and of good repute;
a person whom the children Will respect and whose actions should
result in constructive influence over the pupils; he must be capable
of maintaining order.

8. *Experience. He shall satisfy the employing authority of his ability
to drive a school bus by citing driving experience and by giving
reliable references.

7. *License. He must hold a driver’s license. No one should be
employed as a school bus driver who has had a driver’s license
revoked.

8. *Contract. He must sign the driver’s contract furnished by the
school board, which contract covers regulations for drivers furnished
by school authorities.

9. *Personal appearance. Drivers should be required to keep clean and
neat while operating a school bus.

10. *First aid. Bus drivers should be expected to retain a reasonable
degree of etficiency in the use of first aid treatment. They should
be regularly instructed concerning the best way to render first aid
by someone thoroughly qualified to give instruction. The American
Red Cross advises that they are prepared to train all bus drivers
and issue first aid certificates to all successful applicants. This
service may be obtained by applying to the local chairman of the
Red Cross Chapter. The complete Red Cross course consists of ten
lessons of two hours each.

11. Driving habits. An examination to determine the driving habits of
bus drivers and applicants is an important measure to prevent acci-
dents.

U!

Paying the Driver

The driver should be selected with the same care that teachers
are selected. It is never wise to put the selection of a driver on a
competitive basis, with the job awarded to the lowest bidder, If it
is awarded by hid, it should be the lowest and best bidder, and much
care should be used in determining the qualifications of the proposed
driver. Where a person runs two or more busses, it may be wise to
let the contract by bids, but exceeding care should be used in the
agreement between the contractor of the fleet and the board on who
will be the drivers of the different busses.

Drivers of school busses may meet the letter of every requirement
adopted by those in authority and still prove incompetent because of

 

’ The star after a number indicates a requirement of the State Board of
Education.

303

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

indifference, carelessness, or unsafe driving practices. The driver’s
safety record and an intimate knowledge of his customary driving
gin—actrces should be regarded as the ultimate test of his fitness for
co—ntimaa'nce in service or re- employment.

School Bus Discipline.

In fairness to all drivers, we must remember his side of the
driving situation. In consolidated schools, where children are trans-
ported daily, new problems in discipline present themselves as a
result of such transportation. All day the classroom teachers hold
pupils in check. When school closes, they make a mad rush for the
bus in order to sit beside a friend. Unless some orderly procedure
is required, this scramble becomes terrific.

When the bus starts, the driver must sit with his back to the
pupils, in order to observe roadside hazards, as well as traffic regula-
tions. Many situations may arise which need his attention. Besides
this, sometimes his bus is not in the best running condition. It may
not be hitting on all cylinders. All this shows the necessity for (
teachers and other school officials calling attention of pupils to the ,
hazards involved in such a plan of going to and from school. There 2
are certain courtesies due him and they are very necessary to the [
happines and safety of all the passengers. The bus driver needs such .1
aid from pupils, parents and officials, in order that he may concen- ,
trate properly upon the big job of safe driving. Most teachers are
instructing their pupils 011 safe and sane bus conduct at more or less
frequent intervals. Infrequent campaigns will not be enough. Keep- l
ing everlastingly at it is not too much for adequate safety. It requires
the wholehearted support and work of parents, pupils, teachers and
school officials, as well as drivers.

 

 

 

II. TRANSPORTATION EQUIPMENT

The problem of safe, well-built school busses is now as serious as
was the problem of safe and more suitable school buildings twenty-five ,
or more years ago. Rapid increase in school transportation and the
feeling that cheaper and safer busses could be had if more uniformity
was followed in their construction, has led to a rather definite study 5
of the situation. i

In 1939 the National Council of Chief School Executives :
requested the survey staff of Columbia University to present its i
findings in this connection to the Council. This resulted in the calling l
of a conference of representatives of the Departments of Education of
the forty-eight (48) states. The National Conference of School Bus
Standards was held at Columbia University, April 10—16, 1939, with

 

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all states represented. The outstanding achievements of this con-
ference were:

1. Agreement as to the characteristics of an acceptable school bus

standard.
2. Adoption of standards governing school bus chassis, school bus

bodies, and school bus equipment.
3. The publication of an, official report which described the work of

the conference.

Chassis Standards.

The conference agreed upon seventeen (17) items of chassis con—
struction. Some idea of the treatment of the point of view may be
found in the following standards regarding chassis frames:

1. Each frame side member should be of one piece construction. It
the frame side members are extended, such extension shall be
designed and furnished by the chassis manufacturer with his guar-
antee, and the installation shall be made by either the chassis or
the body manufacturer and guaranteed by the company making the
installation. Extensions of frame lengths are permissible only
when such alterations are behind the rear hanger of the rear spring.

2. No additional holes not provided in the original chassis frame shall
be permitted in the top flanges of the frame side rails. There shall
be no welding to the frame side rails except by the chassis

manufacturer.

Body Standards.

Twenty-six (26) standards governing school bus bodies were
adopted by the Conference, such as aisles, body sizes, construction,
doors, first aid kits, identification, mirrors, sub-rails, seats, steps, ven-
tilators, wheel clearance, wiring, etc., plus such optional equipment as
skid chains defrosters and heaters.

In developing these standards, the Conference strongly recom-
mended: Forward facing seats with 27 inch seat centers; provisions
for all-metal construction, uniform school bus color, and safety glass;
and prescribed that adaptations of the body standards are necessary
in case of smaller type vehicles.

As an example of the type or standard of body specifications, we
quote from the one on doors :.

1. Service door:
a. Shall be manually operated and of the hand lever type, under

the control of the driver and so designed as to prevent
accidental opening when leaned against.

b. Shall be located on right side near the front of. the bus. At
least two-thirds of its opening width shall be ahead of a point

opposite the back of driver’s seat.

305 \

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

c. Shall have a minimum horizontal clearance opening of 24 inches.

(1. Shall be of folding type. If one leaf opens in and the other
out, the front leaf shall Open outward.

9. Lower panels as well as upper panels shall be of safety glass
to permit driver to see children who are waiting to enter bus,
and the ground where children step off.

f. Vertical closing edges of door shall be equipped with rubber
or rubberized materials to protect children’s fingers.

g. There shall be no door at the left of the driver.

h. A stanchion shall be required at the rear of the entrance step
well from roof to floor. Placement shall not restrict passageway
to less than 24 inches.

i. A safety bar shall be installed from the stanchion and Wall at
a height of approximately 30 inches to prevent children in front
seat from being thrown into step well in case of sudden stop.

2. Emergency door:

a. Shall be located in center of rear of bus.

b. Shall have a minimum horizontal clearance of 24 inches, a mini-
mum vertical height of 48 inches, and be marked “Emergency
Door” on both the inside and outside.

0. Shall be equipped with a fastening device which may be
quickly released, but is designed to offer protection against
accidental release. Control from driver’s seat shall not be per-
mitted. Provision for opening from the outside shall consist of
either a square hole in which a screw driver or other object
may be inserted, or a device of such design as to prevent
“hitching” but that will permit opening when necessary.

d. Shall be hinged on the right side of the body, shall open out-
ward and shall be designed to open from both inside and outside
of the bus. >

e. There shall be no steps leading to the emergency door.

f. Glass used in the emergency door shall be safety glass.

These standards are listed as examples that one may get some
idea of What these representatives believed should be workable stand-
ards for the country as a Whole. Superintendents and boards of
education should look forward to standards of this kind, even though
they are unable at present to meet such standards. The present mini-
mum standards of the State Board of Education in regard to the
transportation of: school children will undoubtedly be raised in the
near future.

III. TRANSIT PRACTICES
1. Crossing the Highway.

One of the most serious transportation hazards is experienced
when a child crosses the highway to get to the bus in the morning or
to go home after leaving the bus in the afternoon. Many accidents
occur here and a high per cent of them are fatal. This is one of the

306

 

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reasons for the law requiring passing motors to stop when approach-
ing a school bus that is receiving and discharging pupils. Passing
motorists are not always at fault. The driver must assume consider-
able responsibility and should exercise whatever authority necessary
to guarantee safe crossing of the highway. On certain points there

seems to be general agreement.

a. The school bus should load and unload passengers at the extreme
right of the highway.

b. Busses should be loaded and unloaded only at designated stopping
places.

0. Busses should not stop on curves or hills to let pupils off or on
unless the road is visible at least five or six hundred feet in both
directions.

(1. Pupils should not stand on the roadway While waiting for the bus.
The bus driver should always give proper signals before stopping
the bus.

2. Safe Driving Speed.

It is said that about twenty-five per cent of all motor vehicle
accidents are attributed to fast driving and that nearly thirty per
cent of those killed in motor vehicle accidents were in accidents caused
by excessive speed. It is very difficult to establish for the state as a
whole what should be the speed limit for school busses. In the absence
of state regulations, each board of education should establish a maxi-
mum speed limit for the school busses which it operates. If. necessary
the maximum speed limit could be made a part of the driver’s contract.

3. Transportation Laws for School Busses.
a. Railroad Crossings.

ACT REGULATING SCHOOL BUSsES.—All drivers of motor
vehicles transporting school children are hereby required to stop
each and every such motor vehicle before crossing over any steam
or electric interurban railroad main tracks at a grade, stop to be
made at not less than ten (10) feet nor more than thirty (30) feet
from the nearest railroad over which the highway crosses, except
Where such crossing is guarded, crossing protected by gates or a
flag controlled or operated by employees of such railroad. After
making the stop herein required, the driver or operator of a motor
vehicle shall carefully look in each direction for approaching cars
or trains and shall not start his vehicle until it is ascertained that
no cars or trains are approaching in either direction. Any person
violating the pI'OViSlOIlS of this act shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine of not less than ten dollars nor more than one hundred dollars
for each offense. (1930, c. 83, p. 251.) Sec. 1376r—10, Ky. Stat.)

b. Age of School Bus Driver.
It shall be unlawful for any person, whether licensed under

307

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

this Act, 01' not, under the age of twenty-one years to drive a
motor vehicle while in use as a school bus in transportation of
pupils to or from school, or to drive a motor vehicle while in use
as a public passenger carrying vehicle. (Section 2739m-38, 1936
Kentucky Statutes.)

Passing Stopped School Bus.

Whenever any school bus is stopped upon a public highway for
the purpose of receiving or discharging passengers, every operator
of a vehicle approaching from any direction shall bring said vehicle
to a complete stop and shall not start up or attempt to pass until
the said school bus has finished receiving or discharging pas-
sengers; that the driver of said bus after having stopped for the
purpose of receiving or discharging passengers shall permit all
vehicles stopped as required herein to proceed before again putting
school bus in motion and anyone found guilty of violating the pro-
visions of this Act shall be deemed guilty of a misdemeanor, and
punished upon conviction by a fine of not more than Five Hundred
($500.00) Dollars 0r imprisoned in jail for not more than six months
or both so fined and imprisoned. (1938. c. 117, Sec. 1.) Act's 1938,
c. 117. Eff. May 31, 1938. (Sec. 2739g—46a, Ky. Stat.)

Overtaking and Passing School Bus.

(1) The driver of a vehicle upon a highway outside of a business
or residence district upon meeting or overtaking any school
bus which has stopped on the highway shall come to a complete
stop and then may proceed with due caution for the safety of
any children and in no event in excess of ten miles per hour in
passing such school bus.

(2) This section shall be applicable only in the event the school bus
shall bear upon the front and rear thereon a plainly visible sign
containing the words “school bus” in letters not less than four
inches in height which can be removed or covered when the
vehicle is not in use as a school bus. (1938 c 106 p. 505, Sec. 13
[12].) Acts 1938. c. 106. Eff. May 31, 1938. (Sec. 2739g-69L.
Ky. Stat.)

Regulations Relating to School Busses.

(1) The State Board of Education by and with the advice of the
State Highway Patrol shall adopt and enforce regulations not
inconsistent with this act to govern the design and operation
of all school busses used for the transportation of school chil-
dren when owned and operated by any school district or
privately owned and operated under contract With any school
district in this State and such regulations shall by reference
be made a part of any such contract with a school district.
Every school district, its officers and employees, and every
person employed under contract by a school district shall be
subject to said regulations.

(2) Any officer or employee of any school district who violates any
of said regulations or fails to include obligations to comply with

308

 

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said regulations in any contract executed by them on behalf of
a school district shall be guilty of misconduct and subject to
removal from office or employment. Any person operating a
school bus under contract with a school district who fails to
comply with any said regulations shall be guilty of breach of.
contract and such contract shall be canceled after notice and
hearing by the responsible officers of such school district.
(1938, c. 106, p. 1505, Sec. 13 [13].) Acts 1938, c. 106. Eff.
May 31, 1938. (Sec. 2739g-69m, Ky. Stat.)

f. Regulations by Superintendent of Public instruction.

The Superintendent of Public Instruction shall prepare, or
cause to be prepared, and submit for approval and adoption by the
State Board of Education rules and regulations concerning the
transportation of children to and from school. (Sec. 4384—25, Ky.
Statutes.)

IV. LIABILITY OF BOARDS OF EDUCATION

Many questions have arisen as to the liability of boards of educa—
tion in case of accidents in and around the school or during transpor—
tation of the children to and from school. This matter has been taken
into advisement by the office of the Attorney General and he has
given an opinion which indicates that boaids of education have no
authority to expend funds for liability insurance This opinion is
quoted below.

( C O P Y )
Commonwealth of Kentucky
ATTORNEY GENERAL’S OFFICE
Frankfort, Ky.

May 11, 1938

Hon. Harry W. Peters,

State Supt. of Public Instruction,

Frankfort, Kentucky.

Dear sir:

Mr. Gordie Young has just referred to me a letter from a county
Superintendent wheiein the supelintendent inqui1es:“w11ether the
Board of Education has a right to pay the pi emium on 111su1 ance policies
to provide liability and pioperty damage insuiance on school busses’ ,
and, “May a county board be sued f01 damage in case of an accident to
pupils or the general public in case such accident takes place in con-
nection with the school propeity?”

_Members of boards of education of the public school system of the
State are state officers and exercise the functions of a branch of the
State Goveinment in car1ying out the purpose of the state institution.
(Middleton vs. Middleton, 239 Ky. 759; Commonwealth by Board vs.
Louisville National Bank 220 Ky. 89). As such state officers the duties
of the boa1d a1e limited by statute and the board cannot act beyond

309

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

the statutory authority conferred upon it. School districts are mere
agents of the state in the performance of public or governmental func-
tions, and the rules governing the liability of school districts must neces-
sarily be the rules governing liability for the state or branches of the
government thereof, or municipal corporations.

It is a general rule in almost all the jurisdictions of this country
that a school district, a municipal corporation, or a school board is not,
in the absence of a statute imposing it, subject to liability for injuries
committed by the agents or servants of the district or municipal
corporation.

In this case the school board is acting as an agent for the state, and
is performing a purely public, or governmental duty imposed upon it by
law for the benefit of the public and for the performance of which duties
it receives no profit and no advantages. Applying the rule of liability
that exists as to any governmental agency or function, the common law
rule is that school districts or municipalities are not liable for injuries.
In order to hold a school district liable it is necessary that a statute
specifically provide such liability. Kentucky has followed the rule that
a school board was not liable for injuries occasioned by the neglect or
wrongdoing of the school employees or servants.

In the case of Ernst vs. City of West Covington, 116 Ky. 850; 76
S. W. 1089; 63 L. R. A. 652, a child while legally on the school grounds
was injured in falling over a wall, and suffered a broken arm. The wall
was in a dangerous condition, and was known to be so by the board.
The court refused to allow damages, saying, in quoting from the general
rule:

“The duty of providing means of education at the public
expense by building and maintaining school houses, employing
teachers, etc., is purely a public duty in the discharge of which
the local body as the State’s representatives is exempt from cor-
porate liability for the faulty construction or want of repair of its
school building, or the torts of its servants, employed therein.”

And again in the same case:

”The ground of exemption from liability is not that the duty
or service is compulsory, but that it is public and that a municipal
corporation in performing it is acting for the State or public in a
matter in which it has no private or corporate interest.”

In another Kentucky case, Clark vs. City of Nicholasville, 87 S. W.
300; 27 K. L. R. 974, a child fell down a stairway and broke an arm
because the railing of the stairway was defective. The court in holding
that the board was not responsible said:

“The duty of providing public education at the public expense
by building and maintaining school houses and conducting public
schools therein is purely a public or governmental duty in the
discharge of which school districts act as the representatives of
the State and are exempt from property liability for the improper
construction of the houses, or want of proper repair, or the wrongs
of the servants employed.” (Emphasis ours).

The rule in these cases is the general rule followed by all of the
states of which we are familiar, with the possible exception of New
York, wherein a. statutory provision requires such liability. The lia-

310

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bility of the board in case of an accident while the children are being
transported has never been passed upon in this jurisdiction, although
the same rule would apply.

The State of West Virginia, which follows the same common law
rule as our State, has passed upon the matter of liability of the district
board in its operation of school busses. (Board of Education vs. Com-
mercial Casualty Insurance Company, 182 S. E. 87). The school code
of West Virginia, 1931, Section 18—5—13, vests the board of education
with “general control and management of all the schools and school
interests of its district”, with authority “to provide at public expense
for the transportation of pupils to and from consolidated schools or
other schools where transportation of pupils may be necessary.” The
court held in that case that the school board was not liable for injuries
resulting to the pupils, or others, and that the board had no right or
authority to purchase liability insurance “because it is a public agency
and arm of the State, a school board is not liable for damages for
personal injury, even though such injury may arise from neglect or
nonfeasance. Krutili vs. Board of Education, 99 W. Va. 466, 129 S. E.
486. Nor can a board of education by the acquisition of indemnity
insurance or otherwise change its status as a governmental agency.
Boyce vs. Board of Education, 111 W. Va. 95, 160 S. E. 566.”

The court went on to point out that since the board was not liable
and no recovery could be had in event of suit, then the money was not
properly spent to indemnify itself against an occurrence for which it
could not be held liable.

The West Virginia Court in the Boyce case, supra, stated that the
board is purely a statutory creation, and had no authority whatever to
change the mould in which it was fashioned by the