Montana Attorney General Opinion 15-358

Opinion No. 358 Schools - Tranfers - Tuition - Pri- vate Schools - Parochial Schools HELD: A school district of this state may not pay tuition of pupils attending prh"ate or parochial schools. • October 9, 1933. You have requested an opinion on the following matter: "r have had a few applications for transfer of high school apportionment from pupils of this county who "ish to attend accred- ited private lind parochial schools in the state of Montana. As I understand the law (Chapter 3, Section 81, page 139 of the 1931 Montana laws) these schools would be eligible to recieYe the amount ·allowed any credited high school. It this correct?" OPDiWXS OF TI-H} ATTORNEY GEi'iERAL 245 The stat ute to which you refer is part of Chapter 148. Laws of 1!l31. which is lin act relating to the puhlic school system of the state. The puhlic school districts of :\Iontllna are politi- ('a I subdidsions of the state. (State \'. ~Ieyers, 65 Mont. 124. 210 Pac. 1064; ~IcNair v School District No.1. Cas- cade County. 87 Mont. 423, 28S Pac. 188: 69 A. L. R. 866.) Bein/! subdivisions of the state, any statutoD' provision relating to the pub- lic schools necessarily applies and j;;; restricted to such schools to the exclu- sion of private and parochial schools. The state assumes no more authority or control over the latter class of ~chooh; than it does over any other ]lrh'ate 'business or enter]lrise. "Man- IIgement of puhlic schools is a state II ffair, districts heing state agencies. and school boanls act in a goyern- mentlll capacity." (Cloverdale Union High School DistIict v Peters. 264 Pac. 273. 88 Cal. App. 731.) The right of an~' school to share in the distribu- tion of public school funds is limited to the manner provided by statute. (Board of Education of the City and County of San Francisco v Hyatt, 93 Pac. 117. 152 Cal. 515; Smith v. Dona- hue 1!l5 N. Y. S. 715: Williams v. Board, 191 S. W. 507, 173 Ky. 708, r~. R. A. 1917D 453.) It is clearly obvious that the stlltutes of this state relating to the public schools apply only to those school dis- tricts and institutions which arc po- litical subdivisions of the state, amI (]o not relate to private or parochial schools.