School District Liability for Bus-Related Student Injuries

Whether school districts have a duty to transport children to and from school is determined by state law. Generally, this duty is determined by distance from school and by special needs, although districts can elect to mitigate the legal effects of this duty by contracting with private carriers to provide transportation services. Regardless of whether liability for breach of the duty to provide safe transportation services rests with the school district or with a private carrier, two of the most frequently litigated liability areas involve the safety of students en route to and from school and the failure to use safety equipment.