Montana Attorney General Opinion 15-259

Opinion No. 259 Schools-Board of Tt'ustees-Trans- portation-High ,Schools-Funds. HELD; The trustees of a school dis- trict which does not maintain a high ~chooI of its own may not pay for or transport high school stUdents living in said district into another district (Jut of their grade school fund, hut such transportation expenses must be paid for according to Cha'pter 156, Laws of 1933. July 1, 1933. You submit the following questions to this office for an opinion; "l\1ay the trustees of a school district. which does not maintain a high school of its own, pay for or transport high school stu- dents living in said district into another district out of their gracle school fund." We think that the language of Chap- 180 OPI~IOXS OF THE ATTORXEY GENERAL tel' 156, Laws of 1933, compels the con- clusion that the transportation is to be paid out of the budget of the high school and that the money for such expense is to be raised from the s{X:'cial county tax for the maintenance of high schools_ Chapter 156. Laws of 1933, provides, in part: "The moneys needed to defray the expenses of such rent of quarters, or of such transporta- tion may be included in the amount to be raised by the special county tax for the maintenance of high schools." We can find no other provision in th{' school laws which authorizes a school district to ·pay transportation expenses for high school students from such dis- trict attending high school in another district and since Chapter 156, Laws of 19::13, is the only statute upon the subject we think its provisions are to be considered exclusive. Other language in the section streng- thens our conclusion but we do not wish to lengthen the opinion by dis- cussing it.