Opinion No. (2001)

BILL LOCKYER Attorney General JONATHAN R. DAVIS Deputy Attorney General THE HONORABLE DEBORAH V. ORTIZ, MEMBER OF THE STATE SENATE, has requested an opinion on the following questions: 1. May a school district contract for taxi cab services to transport children to and from school? 2. If so, are any criminal background check procedures applicable with respect to the taxi cab drivers? CONCLUSIONS 1. A school district may contract for taxi cab services to transport children to and from school. 2. A criminal background check procedure involving fingerprint clearance by the Department of Justice is applicable for any person engaged in pupil transportation under contract with a school district, including taxi cab drivers transporting children to or from school. ANALYSIS We are informed that a number of school districts within the state contract for taxi cab services to transport children to and from school. We are asked whether this practice is lawful, and if so, whether any criminal background check procedures are applicable with respect to the drivers. We conclude that taxi cab drivers may transport the students after satisfying criminal background check procedures established by the…