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Schrenko v. DeKalb County School District

The county was not entitled to reimbursement for the cost of transporting students to schools outside their residential attendance zone.

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The DeKalb County School District filed a mandamus action seeking to compel the State Board of Education to change its policy for allocating transportation funds to local school systems and reimburse DeKalb for its past costs in transporting students enrolled in the majority-to-minority transfer and magnet school programs. The trial court concluded that the State has improperly interpreted OCGA § 20-2-188, the student transportation statute, for nearly 40 years and ordered the State to pay $105 million to DeKalb for transportation costs incurred since 1978. This appeal involves two issues: 1 whether the phrase “the school to which students are assigned” in OCGA § 20-2-188 means the school in the student’s attendance zone or the school that the student actually attends and 2 whether mandamus may issue to compel payment of state education funds to local systems for their past costs in transporting students. Because the State has adopted a reasonable interpretation of “school to which they are assigned” as the school in the student’s attendance zone, we hold that DeKalb is not entitled to mandamus relief to compel the State Board of Education to provide funding for the district’s costs of transporting students to the M-to-M and magnet school programs. We reverse the trial court’s contrary rulings.

Prior Proceedings

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