Montana Attorney General Opinion 15-348

Opinion No. 348 Schools-Pupils-Transportation- Tuition and Board-Attendance Out- side. HELD: A school board of a dis- trict in Montana may not make an al- lowance for tuition, board or trans- portation for pupils attending a school outside of the State of Montana. September 23, 1933. You request an opinion from this of- fice on the following question: "May a school board of a district in Montana make an allowance for tUition, board or transportation for pupils for attend- ance in a school district outside of the State of Montana?" You state that you have rendered an opinion denying the power of any school board to ex- pend school funds for such purposes. The creation of any school district; the employment of teachers; the fur- nishing of books and other eqUipment. transportation 01' board, for pupils; the establishment of rules and regulations for schools; or an~' other right 01' privi- lege granted, or any power placed .in the hands of school trustees, are legIS- lath'e Acts that must be conclusively presumed to apply to such schools and onl~' such schools as are established b~' and are under the jurisdiction and control of the state. The trustees of school districts in Montana have as much legal power to pay a pupil's transportation to a school in l\faine or California as to one in 'Vyoming. .