Since pupil transportation has developed into one of the most important, costly, and hazardous of the auxiliary services of the schools, it is not surprising that it should be the subject of much legislation and frequent litigation. It is more surprising that this development has occurred within such a brief period of time. Fifty years ago the transportation of pupils at public expense was practically unheard of in most communities; only a minority of the states had meager legislation authorizing expenditure of public funds for pupil transportation; and very few cases dealing with pupil transportation found their way to the courts. In contrast, now nearly 7,500,000 elementary-and secondary-school pupils, or approximately 29 per cent of those enrolled, are transported to and from school at an annual cost of over $200,000,000, paid for out of public funds; every state has detailed statutory provisions pertaining to many aspects of pupil transportation; and numerous cases concerning pupil transportation reach the higher state and federal courts every year. The growth of litigation on pupil transportation is indicated by the number of higher court cases reported on the subject in the Decennial Digests. Only 2 cases were reported in the First Decennial Digest, I897-I906; 14, in the Second Decennial Digest, I907-I9I6; 35, in the Third Decennial Digest, I9I6-I926; 80, in the Fourth Decennial Digest, I926-I936; and 60, in the Fifth Decennial Digest, I936-1946. On the basis of cases which have been and are being reported in the present decade, it is highly probable that the number of cases to be reported in the next Decennial Digest will be less than for the decade preceding. It is significant to note that the peak in the number of court cases on pupil transportation was in the decade, 1926-1936, even though the number of pupils being transported has grown continuously since that period. A decrease in litigation during a period of increasing transportational service may be partially due to greater clarity and specificity in statutory provisions authorizing pupil transportation at public expense. A more decisive factor, however, is probably a firmer establishment of legal principles pertaining to the subject. Court consistency in ruling on certain aspects of pupil transportation provides some degree of certainty which often makes further litigation unnecessary. Of course, due to changes in time and conditions, and the many variations in state constitutional and statutory provisions, there will no doubt continue to be a need for judicial clarification of the legal problems involved in pupil transportation. No attempt will be made in this discussion to cover all the many legal aspects of pupil transportation. The scope of treatment will be limited to several areas in * B.S. 1927, N.Dak. State College; M.A. I931, Ph.D. 1937, University of Chicago; Ass't Superintendent of City Schools, Jackson, Miss., 1940-1948; Director of Graduate Studies and Professor of Education (including School Law), Duke University.