Nebraska Revised Statute 79-601
Chapter 79 Section 601
Pupils; public or private schools; transportation; buses; conditions; purchase; use; State Department of Education; duties.
The school board or board of education of any public school district may, when authorized by a majority vote of the members of such board, purchase out of the general fund of the district a school bus or buses for the purpose of providing transportation facilities for school children to and from school and to and from all school-related activities. The school board or board of education of any public school district providing such transportation facilities for children attending public schools shall also provide transportation without cost for children who attend nonprofit private schools which are approved for continued legal operation under rules and regulations established by the State Board of Education pursuant to subdivision (5)(c) of section 79-318. Such transportation shall be provided for only such children attending nonprofit private schools who reside in a district which provides transportation to public school students, and such transportation shall extend only from some point on the regular public school route nearest or most easily accessible to their homes to and from a point on the regular public school route nearest or most easily accessible to the school or schools attended by such children. The governing body of such nonprofit private school, on a form to be provided by the State Department of Education, shall certify to the public school district the names, addresses, and days of school attendance of children transported and such other information useful in operating the transportation facility as may be required by rules established by the State Board of Education. Transportation shall be provided for nonprofit private school children only at times when transportation is being provided for public school children.
The school board or board of education of any public school district may enter into a contract with a municipality or county pursuant to section 13-1208.
- Laws 1947, c. 301, § 2, p. 918;
- R.S.Supp.,1947, § 79-2113.02;
- Laws 1949, c. 256, § 125, p. 734;
- Laws 1965, c. 522, § 1, p. 1650;
- Laws 1975, LB 522, § 1;
- Laws 1981, LB 85, § 3;
- R.S.1943, (1994), § 79-487;
- Laws 1996, LB 900, § 362.
The provisions of this section which allow the transportation of nonprofit private school students on public school buses do not violate Neb. Const. Art. VII, § 11; Neb. Const. Art. III, § 18; U.S. Const. amend. XIV, § 1; or U.S. Const. amend. I. State ex rel. Bouc v. School Dist. of City of Lincoln, 211 Neb. 731, 320 N.W.2d 472 (1982).
This section imposes no duty on school boards to provide actual bus service to students. Warren v. Papillion School Dist. No. 27, 199 Neb. 410, 259 N.W.2d 281 (1977).
Board of education had power to provide for busing, but duty to do so was not imposed and mandamus not warranted. Connot v. Monroe, 193 Neb. 453, 227 N.W.2d 827 (1975).